Tuesday, September 30, 2014
Gov. Jerry Brown has signed a bill into law that makes California the first in the nation to have a clear definition of when people agree to sex. The law goes further than the common "no means no" standard, which has been blamed for bringing ambiguity into investigations of sexual assault cases.
The new law seeks both to improve how universities handle rape and sexual assault accusations and to clarify the standards, requiring an "affirmative consent" and stating that consent can't be given if someone is asleep or incapacitated by drugs or alcohol.
"Lack of protest or resistance does not mean consent," the law states, "nor does silence mean consent. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time."
The White House rolled out a new sexual assault prevention campaign engaging men as part of the solution: It's On Us
What College Men Think of the New Rape Prevention Campaign That's Targeting Them. According to this report, they're ok with it.
Saturday, September 27, 2014
Integrating fraternities will reduce campus sexual assault?
Slate, Accept Women--Or Else
All on-campus fraternities at Wesleyan University must soon become coeducational or they will be shut down, the university announced Monday, giving its small but often under-fire Greek system a three-year deadline to open its doors to female students.
“The culture of these houses contributes to the culture of sexual assault in a way we weren’t willing to stand for anymore,” Updegrove said in May. In a blog post in April, Roth wrote that it’s "clear that many students see fraternity houses as spaces where women enter with a different status than in any other building on campus, sometimes with terrible consequences."
Thursday, September 25, 2014
Mary Lynch (Albany) has posted Why Don't Males Do the Fair Share of House/Care Work? Theories about Gender Differences Regarding Institutional and Communal Care Work in American Law Schools in Times of Economic Distress.
For many years, it has been fairly well documented that, as a whole, women do more than their equal share of communal "care" – household and parenting – work in households across America even when both partners in a heterosexual couple with children work outside the home. Whether such statistical disparity is a result of cultural expectations, men’s larger share of paid work, or the slow pace of achieving gender equality is debatable. Meanwhile, gendered responses to the global recession and to the contraction of the labor market also present interesting phenomena for American feminists to examine. Some call the recent unemployment crisis in America the "Mancession" because of the types of labor sectors most heavily affected, namely middle class manufacturing jobs. Others argue that American females have been more successful in finding new employment during the global recession because they are more adaptable. Still others warn that as the economy turns around and middle class manufacturing jobs return, women will fare worse in the employment comparisons. Questions needing further examination as the data emerge are: 1) whether female employment will increase, decrease or change as the economy turns around, and 2) whether female adaptation will create more success in employment numbers and compensation.
Equally ripe for study is the gendered face of American legal education, particularly as legal educators are challenged to change and, I posit, to engage in "feminine" behavior: 1) to work communally rather than individually and 2) to adapt and change in a new economy. This "call for change" stems not simply from the 2008 financial crash, and its concomitant loss of legal jobs, but from the spiraling costs of legal education and the restructuring of the legal market. Critiques of American legal education such as those found in the Carnegie Foundation’s Educating Lawyers, the Clinical Legal Education Association’s Best Practices for Legal Education, and Brian Tamahana’s Failing Law Schools all underscore the need for American law school faculties to work in an integrated and communal manner instead of as independent contractor-experts. The question arises whether the need to act in a more holistic, integrated and communal manner will create or exacerbate gendered differences in the legal academy.
I argue that there have been longstanding gender differences, as a whole, in American law faculty members’ willingness to engage in the "care/household" work of law schools, namely in the production of tangible value for the students, alumni and the profession. These differences can be observed in the gender disparity among the "workhorse" administrative positions such as the Dean of Students and/or Academics, and may also exist in the day to day committee work that is the governing structure of the academy. It can also be demonstrated by the gender identity of those who do the "care" work of the institution – the formation of students for real practice (clinicians) and the challenge of teaching students the most fundamental skills needed for American attorneys - legal research and writing (lawyering /legal writing faculty). That does not mean, of course, that all female faculty members are selfless and all male faculty members are self-involved. One finds both types of individuals in both gender types.
However, for American law schools to continue to flourish, they will need individuals who work communally, who know how to adapt and change for the good of the whole, and who place student or institutional needs above individual inclinations and individual goals. As the work of law school Deans becomes more burdensome and less well-compensated, I believe it is more likely we will see an increasing number of women at the helm of law schools. Contrasting with that argument, however, and on a less cynical and more hopeful note, I explore whether the "feminization of law schools" including the modeling of and teaching of adaptability, flexibility and communal problem solving will redeem American legal education and better prepare law students for the new economy.
Saturday, September 20, 2014
Saturday, January 3
Co-Sponsored Program, Liberty-Equality: Gender, Sexuality, and Reproduction—Griswold v. Connecticut Then and Now, 8:30 a.m. – 10:15 a.m.
Presented by the Section on Constitutional Law and co-sponsored by the Sections on Women in Legal Education and Legal History, this program marks the 50th anniversary of Griswold v. Connecticut, the ground-breaking Supreme Court decision recognizing a right to privacy that protected individuals in making decisions about the use of contraceptives from the reach of state criminal law, but spoke implicitly to the constitutional underpinnings of an individual’s rights or interests in intimacy, marriage, procreation, sexuality, and sexual conduct. Panelists will place the case in historical context, and explore the development of the Griswold doctrine, as well as its implications for current constitutional controversies over access to reproductive health care, marriage, sexuality and sexual conduct.
Section on Women in Legal Education Luncheon, 12:15 – 1:30 p.m.
We are pleased to announce that this luncheon honors both Justice Ruth Bader Ginsburg, who is scheduled to attend and for whom the Section on Women in Legal Education Ruth Bader Ginsburg Lifetime Achievement Award is named, and this year’s Award recipient, [I’ll fill this in before I send and after I talk with her]. Join us to spend some time with and hear from our honorees.
Joint Program: Engendering Equality: A Conversation with Ruth Bader Ginsburg, Associate Justice, Supreme Court of the United States
and New Voices in Legal History, 1:30 – 3:15 p.m.
This Section on Legal History and Women in Legal Education Joint Program, co-sponsored by the Section on Constitutional Law,explores the history of women’s equality and the legacy of Justice Ginsburg. The first portion of the program will, through a conversation between Justice Ginsburg and Wendy Williams, consider the ideas and strategies shaping Justice Ginsburg’s efforts as an advocate, an academic, and a Justice to achieve equal citizenship for women.
The second portion of the program will present a panel of new voices in Women’s Legal History who study the complex and often contradictory ways in which social, political, and legal actors have appealed to gender and equality in movements of the past, and suggest how such studies might engender/inform equality’s future.
AALS Crosscutting Program: The More Things Change . . . Exploring Solutions to Persisting Discrimination in Legal Academia, 2:00 – 3:45 p.m.
This program, spearheaded by WILE Member Meera Deo, draws from empirical data, legal research, litigation strategy, and personal experience to both further conversations about the persistence of discrimination in the legal academy and activate strategies for addressing ongoing structural and individual barriers. Intersectional bias compounds many of these challenges, which range from the discriminatory actions of colleagues and students, to the marginalization of particular subject areas in the curriculum, to structural hierarchies in the profession.
By creating an avenue for direct personal exchange regarding these topics, the program seeks to build community between like-minded individuals who are diverse across characteristics of race, gender, class, teaching status, institution, and age. The focus of the participants is to share best practices and explore new approaches for overcoming ongoing discrimination, with the hope that these strategies may be more broadly employed.
The program follows an innovative format. After short presentations by three speakers, the program transitions to an “open microphone” session of speakers (selected in advance from a “call for remarks”) including those who are untenured, women of color, allies to marginalized faculty, clinical, legal writing and library faculty, and others with perspectives that may differ from the majority. The final thirty minutes are reserved for questions and conversation.
Thursday, August 28, 2014
As we begin this new academic year, a reminder of the power and beauty of the law from a past address of Professor Cheryl Hanna. (Re)Committing to a Life of the Law
But more importantly, I don’t just love the law, I love lawyers. I have the greatest admiration and respect for what you do. Now, that is not to say that we don’t have problems in the profession . . . . But it is my humble opinion the law and those who practice it are among the most important people in our democracy.
But I have been very disturbed lately by what I see as unjustified attacks on the profession. . . .
To that end, Todd asked me to give an inspirational talk. I am not sure that I can do that, but as a professor, I can give you homework. In the medical field, there is something that is called the model of the reflective practitioner. The premise is simple: professionals who intentionally reflect upon what they do and why they do it learn in more profound ways and express greater satisfaction with their profession. Doctors are being trained to actively engage in professional reflection as part of their medical education. However, law schools have not done a good job of implementing similar training for lawyers, and thus, lawyers often don’t have the tools or guidance to become a reflective practitioner, and, as a result I think, often experience greater ambivalence about the legal profession and their role in it.
So, I’d like to introduce some concept about intentional reflection to you and give you some tools to use to try to become a reflective practitioner with the hope that you will do yourselves justice and find more meaning in your professional lives.
[h/t Jackie Gardina]
Tuesday, August 26, 2014
As we start back to school, lots of thinking about what faculty do.
- What goes through a professor's mind. TaxProfBlog, Shadow Syllabus
- Professors should stop assigning textbooks. ATL, Professors, The Cause Of and the Solution To the Great Textbook Scam
- Elite education has become only about achievement, not expanding minds. NYT Book Review, The Enclosure of the American Mind
- Online education rush requires faculty to give away their intellectual property rights. Chronicle, The Erosion of Faculty Rights
Tuesday, August 19, 2014
It’s what he sees as the “unilateral” tightening of Northeastern’s publication standards for tenure by Provost Stephen W. Director. Three tenure denial cases from this year are under appeal, with each professor claiming that her application was judged against unclear, inconsistent standards—particularly about publication—at the provost’s level of review. That’s after they’d been backed by faculty reviewers and their deans.
[One woman] was informed in a relatively short letter of denial from the provost that her publications “have not appeared in the most highly regarded journals in the field and have not yet had a clear impact on the field.”
All three women professors write on interdisciplinary topics involving gender.
- Shelley Kimelberg (sociology, PhD Harvard). Her recent research focused on middle-class mothers and urban public schools
- Denise Horn (international relations/Poli sci, PhD Rutgers). Her book is Women, Civil Society and the GeoPolitics of Civilization (Routledge)
- Kimberly Juanita Brown (English, PhD Yale). Her book project is a program of The Reed Foundation, in support of her book project is “The Repeating Body: Slavery’s Resonance in the Contemporary."
Thursday, July 31, 2014
We previously posted about the religious exemption from Title IX granted to a religious school over dormitory housing for a transgender student. The school is run by the Quakers, but the Quaker leaders don't agree that on what their religion holds. Debate Over Transgender Student Reveals Division in Quaker Church
Tuesday, July 29, 2014
Harper Jean Tobin and Jennifer Levi have posted Securing Equal Access to Sex-Segregated Facilities for Transgender Students, 28 Wisconsin J. Law, Gender & Soc'y 301 (2013).
If Title IX is to have any real meaning for transgender students, it must protect a student's ability to live and participate in school as a member of the gender with which they identify. This means that students must be permitted to use gender-segregated spaces, including restrooms and locker rooms, consistent with their gender identity, without restriction. Denial of equal access to facilities that correspond to a student's gender identity singles out and stigmatizes transgender students, inflicts humiliation and trauma, interferes with medical treatment, and empowers bullies. A student subjected to these conditions is, by definition, deprived of an equal opportunity to learn because of his or her transgender status, and therefore, because of his or her sex. Arguments against equal access reflect broader animus and stereotypes about transgender people, and rely on justifications that have been rejected by courts in related contexts. Access consistent with a student's gender identity is widely practiced, and is the only workable and nondiscriminatory approach that is consistent with Title IX's requirement of equal educational opportunity.
Saturday, July 19, 2014
The US Department of Education (ED) recently granted George Fox University (GFU) a religious exemption from Title IX to, effectively granting the institution permission to discriminate against transgender student Jayce M. while he was pushing the administration to assign him to a male dormitory on campus.
Monday, June 9, 2014
From the Chicago Tribune:
Peter Yu, Drew Sterrett and Lewis McLeod were headed toward bright futures at prestigious colleges and universities when each got involved in one-night sexual encounters.
All three young men claimed the encounters were consensual — but the women asserted otherwise. In each case, campus officials found the men responsible for sexual assault and expelled or suspended them.
...all three are pushing back, suing the schools on charges that their rights to a fair hearing were violated.
The three young men are suing Vassar College, the University of Michigan and Duke University, respectively; students who were suspended or expelled for sexual assault have also filed actions against Occidental College, Columbia University, Xavier University, Swarthmore College, Delaware State University and a host of other campuses.
Most are arguing that the college hearing process is unfair. In a new twist, some young men also are asserting that the college discipline process is skewed against them because of their gender, violating the 1972 Title IX law, which bans sex discrimination by schools receiving federal funds.
Some critics argue that students should have the right to an attorney and to directly question their accusers — protections not granted on all campuses.
They also expressed concerns about the federal government's 2011 directive to apply a lower burden of proof — "preponderance of evidence" — in these sexual misconduct hearings, instead of the higher standard of "clear and convincing evidence" that some campuses had been using.
Tuesday, June 3, 2014
Tuesday, May 27, 2014
Nice Guys (and Girls) Do Finish First. "The hot new theory that says generous people do better at work than selfish ones." The organizational psychology research documents three types of workers: takers - the "what's in in for me"; matchers - quid pro quo; and givers - give with no expectation of reciprocity. I bet most Associate Deans can attest to this categorization. The surprising news in this research is that givers end up at both ends of the spectrum - as both stars and doormats. The goal is to give without sacrificing your own goals.
Tuesday, May 20, 2014
2013 Legis. Bill Hist. CA A.B. 2350 (May 14, 2014)
This bill prohibits postsecondary education institutions from requiring a graduate student to take a leave of absence, withdraw from a graduate program, or limit his or her studies due to pregnancy or pregnancy-related issues. Specifically, this bill:
1) Requires institutions to reasonably accommodate pregnant graduate students so they may complete their graduate education programs.
2) Stipulates that an enrolled graduate student in good academic standing who chooses a leave of absence due to pregnancy, or who has recently given birth, shall return to her program in good academic standing following a leave period determined by the institution of up to two academic semesters, whichever is longer. A longer absence may be authorized for medical reasons.
3) Stipulates that a graduate student per (2) shall be allowed a period consistent with the institution's policies or 12 additional months, whichever is longer, to prepare for and take preliminary and qualifying examinations, and a 12-month extension toward the normative time to degree, unless a longer extension is medically necessary.
4) Requires every institution to have a written policy on pregnancy discrimination and procedures for Title IX pregnancy discrimination complaints and the name and contact information of the institution's Title IX compliance officer, and requires the policy to be made available to all students attending orientation sessions.
Basis for the proposed law?
1. Because Title IX says so.
2. To help get more women in STEM careers.
According to the University of California at Berkeley Law Earl Warren Institute on Law and Social Policy (Institute), in the STEM fields (science, technology, engineering, and mathematics), preventing pregnancy discrimination is of utmost importance because women are not advancing in the field at the same rates as men, largely because of pregnancy and family concerns. The Institute finds that women now represent a large part of the talent pool for research science, but many data sources indicate that they are more likely than men to "leak" out of the pipeline in the sciences before obtaining tenure at a college or university. The Institute opines that Title IX protection is particularly vital for working students because Title IX also requires pregnancy leave for educational programs as well as the workplace.
Saturday, May 10, 2014
From the authors of the recent study Professors are Prejudiced Too that has been in the news. Explaining the methodology of how they discovered that professors respond more to mentor students who are white men.
- The good news. "Despite not knowing the students, 67 percent of the faculty members responded to the emails, and remarkably, 59 percent of the responders even agreed to meet on the proposed date with a student about whom they knew little and who did not even attend their university."
- The bad news. "Professors were more responsive to white male students than to female, black, Hispanic, Indian or Chinese students in almost every discipline and across all types of universities."
- And. "We found the most severe bias in disciplines paying higher faculty salaries and at private universities."
Maybe its not just Princeton freshmen that need to check their privilege.
Thursday, May 8, 2014
I just published the book chapter, Teaching Women's Legal History in Teaching Legal History: Comparative Perspectives (Robert Jarvis, ed. 2014). Here's an excerpt:
My objectives for the class focus on women, historical relevance, and feminist methodology. First, the class is designed to explore the historical development of women’s rights in the law, information that is mostly absent in other courses except for a scattered representation in constitutional law. Second, my goal is to foster an appreciation for the modern significance of that history. This “applied legal history” approach seeks a useable past that enables history to be relevant to ongoing legal disputes of gender. Finally, the course introduces and utilizes feminist methodology of deconstruction and integration. It trains the students to read the law with suspicion by looking beyond the seeming objectivity of the law to expose assumptions and biases. It also then adds to that law and context the omitted experiences of women. There is value in expanding feminist methodology beyond the usual feminist theory class because it offers a critical way of approaching the law, emphasizes social context, and teaches gender as a core value.
So suggests a new study, Prestigious Colleges Won't Make You Happy in Life or Work. What does result in happiness, defined to mean positive well-being and engagement? The study says "not selectivity or prestige, but cost of attendance, great teaching and deep learning, in that order."
The take-home message for students is clear, says Brandon Busteed, who leads Gallup's education work: "If you can go to Podunk U debt free vs. Harvard for $100,000, go to Podunk. And concentrate on what you do when you get there."
Tuesday, May 6, 2014
From the NYT, Fight Against Sexual Assault Holds Colleges to Account. The many news accounts have been tracking colleges' failures to properly investigate complaints of sexual assault, delaying action, using sloppy fact gathering, authorizing untrained decisionmakers, and refusing to issue effective sanctions or preventions. This article points to other systemic failures.
1. Universities Haven't Prioritized the Issue
“It just hasn’t been on most university administrators’ agendas; they don’t know how to approach it, and they just haven’t taken the time to be informed,” said Bonnie S. Fisher, a professor at the University of Cincinnati’s School of Criminal Justice and an author of some of the largest studies of campus sex crimes. “It’s just another issue on their desks that they’re hoping doesn’t cause a loss of students or bad media attention.”
2. The Obama administation has used a stricter interpretation of existing laws.
Universities have increasingly been told that this means they are required to protect students from sexual harassment and assault. In 2011, the Education Department’s Office for Civil Rights sent a letter to colleges, putting them on notice that it saw many of them as mishandling sexual assault cases, and that it would use a new, stricter interpretation of their duties under Title IX.
That helped fuel a jump in Title IX complaints filed with the Office for Civil Rights by students against colleges, specifically about their responses to sexual violence — from 11 in the 2009-10 fiscal year to 31 in 2012-13 and 37 in the first eight months of the current year.
At the same time, the Clery Act requires federally financed colleges and universities to disclose the number of cases of sexual assault reported on or near their campuses each year.
3. Education, maybe, is a unique context.
The Obama administration has told universities they must use a “preponderance of the evidence” standard in deciding whether to hold an accused student responsible, not the stricter “clear and convincing” rule many used. Some civil libertarians have cried foul, and public universities have asked whether the rule could conflict with the due process rights they, as arms of the states, must give the accused.
Monday, May 5, 2014
It's April, which means, it's near Prom Time for many high school students. Which brings us to this Slate article (by "last April," the article means to refer to April 2013):
Last April, Issak Wolfe, a transgender high school student at Red Lion Area High School in Pennsylvania, was denied the opportunity to run for prom king by his school’s principal. His fellow classmates and most of his teachers supported and respected his male gender identity, and he had received repeated assurances that his name would appear on the prom king side of the ballot. But when the ballot was released, Issak was dismayed and embarrassed to discover that he was listed as a candidate for prom queen and was referred to by the female name he was assigned at birth instead of his male name. Issak later learned from administrators that the decision was made by his principal, because he “didn’t feel comfortable” with Issak running for prom king.
Fortunately for students like Isaak, the Office for Civil Rights in the Department of Education took an incredibly important step forward earlier this week when it declared that discrimination against transgender students is prohibited under existing bans on sex discrimination, specifically Title IX of the Education Amendments of 1972. While this is tremendous news, OCR must now follow up with comprehensive guidance on Title IX and transgender students to schools nationwide.