Saturday, April 23, 2016
She is a feminist to her bones, and gives no quarter to the kind of historical relativism that ringfences the brutality of the past as something natural and unremarkable, like eating songbirds. “It’s very hard to get positive female role models in the history of the Roman empire. You think you’ve got one, and then, oh no. She’s been raped. And killed herself. If you’re going to remove the sexual violence, you cannot tell the story of Rome.”She is resolute on her purpose in public life, and has no qualms about the distinction of scholarship: “What is the role of an academic, no matter what they’re teaching, within political debate? It has to be that they make issues more complicated. The role of the academic is to make everything less simple.”
Monday, April 18, 2016
If trends continue, women will outnumber men in law schools in 2017, according to a legal blog’s analysis of ABA statistics.
According to Associate’s Mind, the percentage decline in students attending law school is greater for men than women. From 2011 to 2015, the number of men attending law school dropped by 25.59 percent, while the number of women attending law school dropped by 17.31 percent.
From 2014 to 2015, the number of men going to law school dropped by 5 percent, while the number of women dropped by 3 percent. If those one-year percentage drops continue into 2016, there will be 132 more men than women attending law school. “Extrapolate that out one more year,” the blog says, “and women will outnumber men in law schools for the first time ever.”
The blog also found the number of law schools with more women than men is increasing. In 2011, 38 law schools had more women students enrolled than men. In 2015, 85 law schools had more women students enrolled than men. This chart has the breakdown.
Monday, April 11, 2016
Jacob E. Gersen (Harvard) & Jeannie Suk (Harvard), The Sex Bureaucracy, California L. Rev. (forthcoming)
Abstract:We are living in a new sex bureaucracy. Saliently decriminalized in the past decades, sex has at the same time become accountable to bureaucracy. In this Article, we focus on higher education to tell the story of the sex bureaucracy. The story is about the steady expansion of regulatory concepts of sex discrimination and sexual violence to the point that the regulated area comes to encompass ordinary sex. The mark of bureaucracy is procedure and organizational form. Over time, federal prohibitions against sex discrimination and sexual violence have been interpreted to require educational institutions to adopt particular procedures to respond, prevent, research, survey, inform, investigate, adjudicate, and train. The federal bureaucracy essentially required nongovernmental institutions to create mini-bureaucracies, and to develop policies and procedures that are subject to federal oversight. That oversight is not merely, as currently assumed, of sexual harassment and sexual violence, but also of sex itself. We call this “bureaucratic sex creep” — the enlargement of bureaucratic regulation of sexual conduct that is voluntary, non-harassing, nonviolent, and does not harm others. At a moment when it is politically difficult to criticize any undertaking against sexual assault, we are writing about the bureaucratic leveraging of sexual violence and harassment policy to regulate ordinary sex. An object of our critique is the bureaucratic tendency to merge sexual violence and sexual harassment with ordinary sex, and thus to trivialize a very serious problem. We worry that the sex bureaucracy is counterproductive to the goal of actually addressing the harms of rape, sexual assault, and sexual harassment. Our purpose is to guide the reader through the landscape of the sex bureaucracy so that its development and workings can be known and debated.
However, a 10-year study looked at rapes and sexual assaults between 2001 and 2011 occurring on Massachusetts’ college and university campuses – including dorms, apartments and fraternity houses. The study found that 81 percent of all reported rapes and assaults occurred in the dorms, 9 percent occurred in houses or apartments and only 4 percent occurred in fraternity houses.
When colleges fail to examine where assaults happen, they expose themselves to litigation. More importantly, they miss critical opportunities to explore solutions to the widespread campus sexual assault problem.
Schools should look closely at their own sexual assault reports and consider targeted solutions if there are particular dorms with a high incidence of assaults.
Studies should be conducted at the national level to examine overall patterns. Those studies should examine questions such as whether sexual assaults are more likely to occur in certain types of dorms, such as athlete dorms or even coed dorms. Studies should also look at whether it makes a difference if dorms are coed by floor, by hall or by room.
[This post is an excerpt from a longer article originally posted on The Conversation. The full article can be accessed here: https://theconversation.com/what-schools-dont-tell-you-about-campus-sexual-assault-57163]
Tuesday, March 8, 2016
Challenging conventional wisdom is one thing; saying things that are historically inaccurate, inflammatory and racist is another. How much does academic freedom actually cover? If a history professor says something fundamentally wrong about a historical fact — such as misidentifying who staged the Sept. 11, 2001 terrorist attacks — is that person’s views covered by academic freedom or is that a question of professional competence? What if a poetry professor says the same thing?
While the real protections offered under the principle vary from campus to campus, faculty work is at least founded on the idea that there’s room to express even unpopular ideas or beliefs. But are arguably unacademic opinions — inflammatory falsehoods that have no apparent basis in fact — also covered? A recent case at Oberlin College raises questions about whether all ideas are created equal when it comes to academic freedom.
For the American Association of University Professors, the distinction is one of disciplinary expertise and professional competence, said Hans-Joerg Tiede, associate secretary in the department of academic freedom, tenure and governance. If, for example, a physics professor declared on Twitter that the Sept. 11 attacks were a hoax, AAUP would advocate for the professor’s right to free speech in extramural utterances (it doesn’t distinguish between free speech in person or online). But if the physics professor declared that the world is flat, denying all scientific evidence to the contrary, that could call into question his or her professional fitness.
“There’s a somewhat strange consequence that the less something relates to your discipline, the more protected you are on a general level,” Tiede said. “The closer something is to your area of expertise, you must in some sense be more careful that what you say doesn’t create concerns.”
Friday, March 4, 2016
Kif Augustine-Adams (BYU), Religious Exemptions to Title IX
Abstract:Forty years into the Title IX game, the score is 253 to 0, religious exemptions recognized versus those denied. Almost no one knows the overall score of the game, who has made points, or who is playing. Prior to the Human Rights Campaign’s release of a report in December 2015, relatively few beyond the participants themselves even knew the game was played. Documented religious exemptions to Title IX largely take place in the dark, in private administrative processes rarely made public, under obscure agency standards and policies. The parameters of religious exemptions to Title IX have never been litigated in court or subjected to judicial review. Virtually no scholarship exists on the subject. Religious exemptions to Title IX pose a particularly urgent question given the flood of new exemptions claims focusing on transgender and homosexuality. This analysis is a first, foundational step in evaluating religious exemptions to Title IX.
On its face, a score of 253 and counting, suggests complete and overwhelming victory for one side, the educational institutions claiming religious exemption to Title IX. In reality, however, the lopsided score hides another story, one much more complex and nuanced than the score reflects. Over time, the government agency charged with Title IX enforcement subtly arrogated to itself power and authority to regulate religious exemption to Title IX. As much as victory, the score reveals a subtle erosion of autonomy as religious educational institutions acquiesce to the administrative state by requesting exemption under regulatory procedures rather than claiming inherent exemption under the Title IX statute itself and the Constitution. I conclude that the administrative regulatory procedures for religious exemption to Title IX have largely failed to accomplish the non-discrimination goals of Title IX, to respect religious liberties, or to facilitate a sustainable engagement between these potentially competing values.
Thursday, February 4, 2016
Nancy Chi Cantalupo (Barry), For the Title IX Civil Rights Movement: Congratulations and Cautions, Yale Law Journal Forum (forthcoming).
Abstract:The Yale Law Journal's September 25, 2015 Conversation on Title IX confirmed the existence of a new civil rights movement in our nation and our schools, led by smart, courageous survivors of gender-based violence and joined by multiple generations of anti-gender-based violence activists, attorneys, leaders, and scholars. Movement leaders have wisely chosen Title IX as their particular banner and organizing point. As a civil rights statute, Title IX guarantees broad rights to an equal education, and although schools' compliance with Title IX and the statute's enforcement still require significant improvements, today's movement can build upon a legal foundation established by previous waves of the pro-equality and anti-gender-based violence movements.
But in doing so, the Title IX movement must remain vigilant against pushes to criminalize Title IX. Suggestions that gender-based violence which violates Title IX can be punished like criminal offenses and that Title IX proceedings should therefore follow the procedures of the criminal justice system conflate Title IX with criminal laws against rape and sexual assault. This conflation fundamentally undermines Title IX's central purpose: to protect and promote equal educational opportunity for all students, including both the alleged perpetrators and the victims of gender-based violence.
Tuesday, December 29, 2015
Table of Contents:
Section One: Approaches to Motherhood, Feminism and Gendered Work
The Role of Theory in Understanding the Lived Experiences of Mothering in the Academy
Andrea N. Hunt
Crying over “Split Milk”: How Divisive Language on Infant Feeding Leads to Stress, Confusion and Anxiety for Mothers
Tracy Rundstrom Williams
Mama’s Boy: Feminist Mothering, Masculinity, and White Privilege
Catherine A.F. MacGillivray
Encountering Others: Reading, Writing, Teaching, Parenting
Erin Tremblay Ponnou-Delaffon
A Qualitative Study of Academic Mothers’ Sabbatical Experiences: Considering Disciplinary Differences
Susan V. Iverson
Motherhood: Reflection, Design, and Self-Authorship
Cynthia J. Atman
Confessions of a Buzzkill: Critical Feminist Parenting in the Age of Omnipresent Media
Section Two: Identity and Performance in Academic Motherhood
More Mother than Others: Disorientations, Motherscholars, and Objects in Becoming
Sara M. Childers
Doing Research and Teaching on Masculinities and Violence: One Mother of Sons’ Perspective
M. Cristine Alcalde, Associate Professor of Gender & Women’s Studies
Cultural Border Crossings between Science, Science Pedagogy & Parenting
“You Must be Superwoman!”: How Graduate Student Mothers Negotiate Conflicting Roles
Erin Graybill Ellis
Jessica Smartt Gullion
“There’s a Monster Growing in our Heads”: Mad Men’s Betty Draper, Fan Reaction, and Twenty-First Century Anxiety about Motherhood
Section Three: Bringing it to Light: Giving Voice to Motherhood’s Challenges
Silence and the Stillbirth Narrative: Stories Worth Telling
Elisabeth G. Kraus
A Tapestry of Sweet Mother(hood): African Scholar, Mother, and Performer?
Ama Oforiwaa Aduonum
Dropped Stitches: Classrooms, Caregiving, and Cancer
Martha Kalnin Diede
The Other Female Complaint: Online Narratives of Assisted Reproductive Therapy as Sentimental Literature
Mama’s Boy: Feminist Mothering, Masculinity, and White Privilege
Catherine A.F. MacGillivray
Thursday, November 5, 2015
Federal education officials have ruled that an Illinois school would illegally discriminate against a transgender student if they did notlet her use the girls’ locker room without restrictions, rejecting a plan to have her change beyond privacy curtains. Students leda walk out of a Missouri school earlier this year when a transgender girl started using the girl’s locker room. “Some girls already have insecurity problems getting dressed in front of other girls as it is,” one student said.
Can transgender equality be protected while still recognizing student concerns about privacy in a locker room, or do such accommodations create inequality?
Tuesday, October 27, 2015
The AALS Women in Legal Education Section announced that Professor Marina Angel (Temple University Beasley School of Law) will be awarded the 2016 Ruth Bader Ginsburg Lifetime Achievement Award.
Her bio details her extensive accomplishments and leadership of women in the profession. "A Temple law professor for nearly 40 years, Professor Angel’s scholarship, teaching, advocacy, and service truly embody the spirit and purpose of this distinction."
My favorites of her work are:
Susan Glaspell's Trifles and A Jury of Her Peers: Woman Abuse in a Literary and Legal Context, 45 Buffalo L. Rev. 779 (1997)
Criminal Law and Women: Giving the Abused Woman Who Kills A Jury of Her Peers Who Appreciate Trifles, 33 AM. CRIM. L. REV. 229 (1996).
Teaching Susan Glaspell's A Jury of Her Peers and Trifles, 53 J. of Legal Education 548 (2003)
Monday, October 19, 2015
Colleges and universities in the U.S. are now required to disclose incidents of domestic and dating violence, such as stalking, in their annual crime reports, thanks to a sexual assault reform bill that went into effect this academic year.
Introduced by Democratic Pennsylvania Senator Robert Casey and Democratic New York Representative Carolyn Maloney, The Campus Sexual Violence Elimination Act (SaVE Act) is among the more substantial updates to the Jeanne Clery Act, the 1990 sexual assault prevention bill requiring colleges and universities that receive federal funding to disclose campus crime data like rape, assault and robbery.
Thursday, October 15, 2015
Last month, Michigan became the latest state legislature to introduce a “Yes Means Yes” law, mandating the teaching of affirmative consent as a sexual standard. In the past year, affirmative consent has become the mandated standard on college campuses in New York and California and is being voluntarily adopted by a growing number universities beyond those two states. The idea is simple: In matters of sex, silence or indifference aren’t consent. Only a freely given “yes” counts. And if you can’t tell, you have to ask.
Every time one of these bills is introduced, a certain subset of adults freaks out. Earlier this year, as the spring semester got underway and these new policies took hold on some campuses, Robert Carle, writing for libertarian outlet Reason, shrieked that “[a]ffirmative consent laws turn normal human interactions into sexual offenses,” as if there’s anything “normal” about a disinterest in whether or not the person you’re having sex with is a willing participant. In the New York Times, Judith Shulevitz dismissed the new standard because “[m]ost people just aren’t very talkative during the delicate tango that precedes sex, and the re-education required to make them more forthcoming would be a very big project,” an assertion for which she provides no evidence. But if students aren’t yet used to practicing affirmative consent, that’s no argument against it. Marital rape used to be both popular and legal, and we didn’t wait until everyone had stopped committing it to institute new laws. And in the Boston Globe, Wendy Kaminer protests that “in practice [affirmative consent standards] aim to protect women from the predations of men,” even though, as even she acknowledges, the standard is gender neutral. (More on that in a moment.)
All the grownup scaremongering is drowning out one important fact: Young people are embracing affirmative consent.
Tuesday, September 22, 2015
Wash Post, What a Massive Sexual Assault Survey Found at 27 Top US Universities (summarizing the results).
The Association of American Universities’ much-anticipated report on sexual assault—a survey that compiled responses from more than 150,000 students at 27 universities—is out today, and it confirms that the situation on campus is as bad as you probably already thought it was. Some bullet points:
• One-third of female college seniors reported that they had been the victims of nonconsensual sexual contact at least once since enrolling in college.
These numbers are roughly consistent with findings of previous studies; if anything, they’re a little higher than the results of the seminal 2007 study that gave us the grim axiom “1-in-5.”—but the authors acknowledge that could be due to the low response rate of 19.3 percent, and the possibility that people who’d experienced misconduct were more likely to participate. As always, the authors had to deal with the challenge of conveying uniform definitions in an area where every experience is intensely individual; for this reason, they didn’t use loaded words such as rape and assault, instead trying to precisely describe situations. But this could’ve caused confusion as well as averted it.
The most interesting thing in the AAU study isn’t what’s on the page, but a question that hovers, frustratingly, between the lines. “The study found a wide range of variation across the 27 [institutions],” the authors write in the executive summary
Friday, September 11, 2015
As the “yes means yes” standard of sexual conduct spreads to many US college campuses, California legislators have passed a new measure that will put affirmative consent curriculum into the state’s high schools beginning next year.
The legislation will require high schools that have a health component as a graduation requirement to teach the “different forms of sexual harassment and violence”, and include lessons on seeking explicit, affirmative permission from a partner before moving forward with sexual activity. The bill, SB695, is now awaiting the signature of the governor to become law, expected in the coming days. California would be the first state in the nation to adopt a mandatory education policy on the topic for K-12 students.
Tuesday, September 1, 2015
Inside Higher Ed, Ban on Banning Words
Washington State University on Monday announced that it would not allow instructors to make "blanket" bans on the use of certain words or phrases in class, even if those words and phrases offend people. Further, the university said that instructors could not punish students for use of such words or phrases.
The announcement followed a barrage of criticism of the syllabus for Women & Popular Culture, a women's studies course, that banned specific words and phrases and set out punishments for their use.
Here is the language on the syllabus:
"Gross generalizations, stereotypes and derogatory/oppressive language are not acceptable. Use of racist, sexist, homophobic, transphobic, xenophobic, classist or generally offensive language in class or submission of such material will not be tolerated. (This includes 'The Man,' 'Colored People,' 'Illegals/Illegal Aliens,' 'Tranny' and so on -- or referring to women/men as females or males.) If I see it or hear it, I will correct it in class since it can be a learning moment for many students. Repeated use of oppressive and hateful language will be handled accordingly -- including but not limited to removal from the class without attendance or participation points, failure of the assignment, and -- in extreme cases -- failure for the semester."
This summer has seen several instances in which websites of various college or university groups have featured language discouraging the use of words and phrases that many find offensive. There was much discussion in July about the "bias-free language guide" at the University of New Hampshire, but UNH never actually banned any words or phrases. One office published some recommendations for those seeking to avoid offending others, and most people at UNH didn't know that the guide existed until it was debated nationally -- and the university affirmed that there was no requirement to follow its suggestions.
In the Washington State syllabus, however, there was a specific statement that the instructor could punish any students using the banned words and phrases. And that appears to have led the university (which, as a public institution, must provide First Amendment protections) to get involved. The university statement said that it was asking all faculty members to review their policies "to ensure that students’ right to freedom of expression is protected along with a safe and productive learning environment."
Saturday, August 22, 2015
A former instructor at a Christian university in Oregon is taking the school to court after it allegedly fired her for planning to have a baby out of wedlock.
Coty Richardson was working as an exercise science teacher at Northwest Christian University in Eugene, Ore., when she notified school officials that she was due to give birth in November and wanted to know if her maternity leave would create scheduling conflicts.
She claims in a lawsuit filed in state court on Tuesday that the school’s administration told her that her lifestyle was inconsistent with the university’s “faith-based standards.” She was given a choice: If she wanted to keep her job, she would either have to break up with the father or marry him.
Ms. Richardson, who is 35, said in her complaint she was “mortified and crushed” by the ultimatum and “refused to cut ties with the father of her child and her partner of twelve years.”
In July, according to her lawsuit, a school official told her she had a week to make her decision. Days later she told administrators she didn’t want to discuss her personal life. And on July 28, she says, she learned that she had lost her job.
Her lawsuit, which seeks $600,000 in legal damages, accuses Northwest Christian of pregnancy, sex and marital status discrimination, along with wrongful termination and breach of contract.
Sunday, August 9, 2015
At SUNY Stony Brook, Michael Kimmel proposes just that:
You’ve heard of women’s studies, right? Well, this is men’s studies: the academic pursuit of what it means to be male in today’s world. Dr. Kimmel is the founder and director of the Center for the Study of Men and Masculinities at Stony Brook University, part of the State University of New York system, which will soon start the first master’s degree program in “masculinities studies.”
No, Dr. Kimmel joked, the department title doesn’t just roll off the tongue. But it’s called “masculinities” (plural) to acknowledge that there is “more than one way to be a man.”
Monday, August 3, 2015
Three former members of the Phi Kappa Psi fraternity at the University of Virginia filed a lawsuit against Rolling Stone on Wednesday for defamation and infliction of emotional distress, saying the magazine’s discredited article on a campus gang rape had a “devastating effect” on their reputations.
The article, written by Sabrina Rubin Erdely and published last fall, set off a national discussion with its vivid account of a student’s assault, but it was retracted in April after it fell apart under scrutiny by journalists and law enforcement officials. A report by the Columbia Graduate School of Journalism uncovered an assortment of journalistic lapses, including a lack of skepticism and a failure to interview those accused of the assault.
On July 11, 2015, NY passed a yes-means-yes law for sexual intimacy on college campuses. Here's the story:
SYRACUSE, N.Y. -- What if you had to ask if it was okay
to put your hand on the other person's butt during foreplay? What if you had to
ask again before touching her breast? What if there was a law that said you had
to do this?
In New York, there is now on all college campuses. A bill signed into law July 7 requires both parties to obtain consent for sex and each nibble and caress that sometimes paves the way. The law applies only on college campuses. At its heart is a simple concept: instead of "No Means No," it's "Yes Means Yes."
It switches the dynamic of consent in what could be an empowering way. The hope is that by changing the power structure of the hook-up and making it law, college sexual assaults will decrease. The legislation, proposed by Gov. Andrew Cuomo and called "Enough is Enough," was passed unanimously by the state Legislature.
There have been critics, including this one:
"You look at the legal system we're building and it's incredible risky to hook up with someone you're not married to," said Peter Lake, director of the Center for Excellence in Higher Education Law and Policy at Stetson University in Florida.
"It changes the rules of the game. It gives the game rules," Lake said.
Perhaps Prof. Lake said more in the interview, stuff that wasn't included in the article. But what he does say makes no sense to me. There's no explanation for why the consent requirement would make things "incredibly risky." Nor do I see what is presumptively problematic about "chang[ing] the rules of the game" or giving the "game rules." (Is anyone else unsettled by the description of sexual intimacy as a "game"?) Sexual intimacy already has rules; it is already governed by norms for what is acceptable intimacy and what is rape. A proposal to change said rules--or, rather, make them more explicit--is not in and of itself objectionable.
Friday, July 10, 2015
Casey Hoke would spend an average of two minutes out of his seven-hour school day in the restroom. “That’s it. Business as usual. No one bats an eye,” Hokewrote in January, back when he was a high-school senior in Louisville, Kentucky. “How we go about our business is none of yours.”
By “we,” Hoke was referring to transgender students. He was primarily addressing Kentucky’s legislature, which at the time was considering a bill that would’ve cracked down on transgender students’ use of K-12 bathrooms. The legislation would’ve legally required schools to ensure that children follow anatomical conventions when using gender-segregated school facilities: that children who were born boys but identify as girls use the boys’ restroom, and vice versa. What Hoke found particularly egregious about the “Kentucky Student Privacy Act” was that, in its original version, the legislation also would’ve entitledstudents who sued offenders in state court to damages of $2,500 each. Hoke compared this proposed system to a witch hunt.