Tuesday, August 12, 2014

CFP: Feminist Judgments: Rewriting SCOTUS Opinions

The U.S. Feminist Judgments Project seeks contributors of revised opinions and commentary for an edited collection entitled Feminist Judgments: Rewritten Opinions of the United States Supreme Court.  This edited volume is a collaborative project among feminist law professors and others to rewrite, from a feminist perspective, key Supreme Court decisions relevant to gender issues.  Editors Kathy Stanchi, Linda Berger and Bridget Crawford seek prospective authors for 20 to 25 rewritten Supreme Court opinions covering a range of topics including reproductive rights, equal protection, the state’s use of criminal power, privacy, the family, women’s political participation, Title IX, employment discrimination and substantive due process.  The editors also seek authors for commentaries of 1,500 to 2,500 words to put into context each of the rewritten cases. 

 

The U.S. Feminist Judgments project was inspired by the successful collection and publication in Britain of Feminist Judgments: From Theory to Practice, edited by Rosemary Hunter, Clare McGlynn, and Erika Rackley. This volume, which included feminist versions of twenty-three key British decisions from the Court of Appeal and House of Lords, was published in 2010 and has been very well received. Like the sister project in Britain, the U.S. Feminist Judgments Project endeavors to pioneer “a new form of critical socio-legal scholarship” that illustrates how cases could have been decided differently had a feminist method been employed. We believe that U.S. Supreme Court law is ripe for this kind of scholarly treatment.

 

            Those who are interested in rewriting an opinion or providing the commentary on one of the rewritten opinions should fill out an application here:

            https://www.surveymonkey.com/s/feministjudgments

Applications are due by September 15, 2014 at 5:00 p.m. eastern.  Editors will notify accepted authors and commentators by October 7, 2014.  First drafts of rewritten opinions will be due on February 1, 2015.  First drafts of comments on the rewritten opinions will be due on March 15, 2015.  The editors are in the process of identifying a publisher; publication of the final volume is anticipated for late 2015.

 

            A list of cases tentatively scheduled for rewriting is available here:             http://www.law.temple.edu/pdfs/faculty/FeministJudgmentsSurveyResults.pdf

Applicants may indicate their preferences among the list of cases.  Applicants also may suggest other cases for rewriting.  The tentative cases were chosen with the input and advice of an Advisory Panel of distinguished U.S. scholars including Kathryn Abrams, Katharine Bartlett, Devon Carbado, Mary Anne Case, Erwin Chemerinsky, April Cherry, Kimberlé Crenshaw, Martha Fineman, Margaret Johnson, Sonia Katyal, Nancy Leong, Catharine MacKinnon, Rachel Moran, Melissa Murray, Angela Onwuachi-Willig, Nancy Polikoff, Dorothy Roberts, Dan Rodriguez, Susan Ross, Vicki Schultz, Dean Spade, Robin West, and Verna Williams.

 

August 12, 2014 in Call for Papers, Violence Against Women | Permalink | Comments (0)

Female Law Prof Files Sex Discrimination Suit Against Florida A&M

From the ABA Journal, Pay Discrimination Alleged in Prof's Suit Against FAMU Law School

An associate law professor at Florida A&M’s law school claims in a lawsuit filed last week that the school pays male and female professors unequally.

According to allegations in the suit by Jennifer Smith, male associate law professors are “paid considerably more” than women in those positions, and the school “consistently hired men at considerably higher rates than women,” the Tampa Tribune reports at its Fresh Squeezed blog. Her suit claims equal pay violations, gender discrimination and retaliation.

Smith says she was granted tenure in 2010 but was denied a promotion to full professor, most recently last month. She claimed an administrator “sabotaged” her promotion by putting bad recommendations in her file in place of good ones, partly in retaliation for filing public records requests for pay information, the story reports. She also says she complained about the administrator after the person made some “threatening comments” about her.

A second female professor, Barbara Bernier, filed a similar complaint last year.

August 12, 2014 in Equal Employment, Law schools | Permalink | Comments (0)

Sunday, August 10, 2014

Misogyny online in Britain

From the Guardian UK

A pervading online misogyny is the most visible reason why the internet is failing to live up to its potential to improve people's lives, a report for a digital charity has concluded.

Charles Leadbeater, an author and former policy adviser to the Labour government, argues in the report A Better Web, that the problem is so serious one solution could be awards for women who succesfully contend with online abuse.

August 10, 2014 in International, Violence Against Women | Permalink | Comments (0)

Gaza: It's a Man's War

An interesting piece from the Atlantic

From start to finish, the latest Gaza conflict has largely been a man’s war. The Israeli negotiating team in Egypt does not include a single woman–not even Justice Minister Tzipi Livni, whose condition for joining the current governing coalition was that she head Israeli-Palestinian negotiations. Prime Minister Benjamin Netanyahu has instead appointed his own (male) representative, Yitzchak Molcho, to represent him in the delegation. Livni sits on Israel’s security cabinet, the small committee that has made most of the major decisions about this war, but, tellingly, she is the only woman at the table. The story is the same on Israeli television and in the country’s newspapers. According to a study by The Marker, fewer than 10 percent of all experts interviewed on news programs during the war have been women.

August 10, 2014 in International, Violence Against Women | Permalink | Comments (0)

Saturday, August 9, 2014

Books: Bad Feminist

From Slate, It is Good to be a "Bad" Feminist

I bristled a little at the title of Roxane Gay’s new collection of essays: Bad Feminist. Was that “bad” a backhanded boast, a Cool Girl’s rejection of all the supposedly militant and humorless “good” feminists out there?

 

Then I started reading the book, and I realized the professor cum novelist cum voice-on-the-Internet isn’t proclaiming herself a chiller, smarter, funnier feminist than anyone else. She is exploring imperfection: the power we (we people, and especially we women) wield in spite and because of it. Her essays, which are arresting and sensitive but rarely conclusive, don’t care much for unbroken skin. They are about flaws, sometimes scratches and sometimes deep wounds. Gay studies the cracks and what fills them.

August 9, 2014 in Books, Theory | Permalink | Comments (0)

NBA and Equal Employment for Women

It's been a big week for the National Basketball League.

  • A team, the San Antonio Spurs, hired WNBA player Becky Hammon in what has been billed as the "first full-time female assistant" coach.  (Although she's really the second, as Lisa Boyer worked for the Cleveland Cavaliers as an assistant coach in 2001-02).  See Spurs Hire Becky Hammon, NBA's 2nd Female Assistant Coach
  • The NBA players' union hired Skaden attorney Michele Roberts as executive director.  Her impressive resume is here.

But the naysaying has already begun.  See Male Basketball Coach Says a Female Coach Could Never Mold Could Never "Mold Boys into Successful Men" saying that women could never coach college basketball.  Although men coach college women. 

August 9, 2014 in Equal Employment, Sports | Permalink | Comments (0)

Documentary on Black Women in the Ivory Tower

Living Thinkers: An Autobiography of Black Women in the Ivory Tower

LIVING THINKERS: AN AUTOBIOGRAPHY OF BLACK WOMEN IN THE IVORY TOWER examines the intersection of race, class and gender for Black women professors and administrators working in U.S. colleges and universities today. Through their diverse narratives, from girlhood to the present, Black women from different disciplines share experiences that have shaped them, including segregated schooling as children, and the trials, disappointments and triumphs encountered in Academia

August 9, 2014 in Law schools, Race | Permalink | Comments (0)

Thursday, August 7, 2014

Ben McJunkin's "Deconstructing Rape by Fraud"

Ben McJunkin has uploaded "Deconstructingn Rape by Fraud," in the Columbia J. of Gender and Law.  The abstract reads: 

In this Article, I critically examine the role of normative masculinity in determining the shape and scope of the criminal law doctrine of rape by fraud, which purports to criminalize sexual intercourse procured through certain material deceptions. In application, the rape by fraud doctrine is exceedingly narrow — deceptively induced sexual intercourse is rarely criminalized as rape, despite deception’s profound impact on the voluntariness of sexual consent. As the Article explains, the rape by fraud doctrine is thus in tension with the prevailing view that rape law principally protects a thick norm of individual sexual autonomy. Despite this tension, the narrowness of the rape by fraud doctrine is frequently defended, often by those who are most committed to individual autonomy elsewhere in rape law.

Through an analysis of court decisions and academic commentary, I demonstrate that those defenses largely rest on appeals to a romanticized ideal of the practice of seduction. I illuminate the link between seduction and a prevailing ideology of normative masculinity that allocates social status for men on the basis of demonstrations of sexual conquest. That ideology perpetuates narratives in which women, through their capacity to grant or withhold consent, hold power over men when pursued as objects for sex. Indeed, within this account, the transgression of women’s power is what makes sexual conquest worthy of masculine status. Deceptions used to procure sex are criminalized only in exceptional cases where the narratives of interpersonal power break down. Thus, the rape by fraud doctrine can be seen as codifying existing limits on masculine status transfer. Ultimately, I argue that understanding the rape by fraud doctrine in terms of normative masculinity exposes an important continuity between contemporary rape law and rape law historically, in which rape was a crime against men’s property interest in women.

August 7, 2014 in Manliness, Masculinities, Violence Against Women | Permalink | Comments (0)

Gay Divorce...Just Like Any Other

So goes one view

"It's just like any other divorce now," said Jonathan Huerta, an attorney at the King Spry law firm in Bethlehem whose practice focuses on family law for lesbian, gay, bisexual and transgender couples.


August 7, 2014 in LGBT | Permalink | Comments (0)

TBT: Lawyer as Women's Suffrage Icon

Inez Milholland Boissevain

INEZ MILHOLLAND BOISSEVAIN

Inez Milholland Boissevain, labor lawyer, feminist, and suffragist, joined Harriot Stanton Blatch’s Equality League of Self-Supporting Women (later the Women’s Political Union) and lectured, arranged rallies, and testified at hearings. A pacifist in World War I, Inez became a war correspondent in Italy. Her beauty and social standing were an asset to the movement, and she gained fame as the “Suffrage Herald,” riding a horse at the head of two vast suffrage marches, one down New York’s 5th Avenue, the other in Washington, D. C. in 1913. She was so striking a figure that she became a suffrage symbol, part of the movement’s enduring imagery.

August 7, 2014 in Legal History | Permalink | Comments (0)

Defining the Good Lawyer

In preparation for teaching a fall intersession class of ADR, I read the new book, Doug Linder & Nancy Levit's (UMKC) The Good Lawyer.  Their defining characteristics of a good lawyer according to Linder and Levit are:

  • Empathy (care about your client's case; put yourself in the client's shoes; active listening)
  • Courage 
  • Willpower (for the long-haul of litigation; stay healthy; reduce anxiety)
  • Value the legal community (civility)
  • Both Intuitive and Deliberative Thinking
  • Realistic about the Future (avoid overconfidence; use decision trees)
  • Serve the True Interests of the client (you are a counselor, not a hired gun)
  • Integrity (pro bono, honesty, big picture justice)
  • Persuasive (empathy, honesty, prepared)
  • Maintain Quality in Changing Environment (no dishonest billing; work/life balance)

It was noted that women lawyers exhibit more empathy and better avoid the overconfidence problem.

Here's a review from WSJ.

August 7, 2014 in Books, Women lawyers | Permalink | Comments (0)

Justice Ginsburg on the Male Justices' Blind Spot

From Justice Ginsburg's interview

Justice Ruth Bader Ginsburg, fresh off a bruising loss in the Hobby Lobby birth control case last month, told Yahoo Global News Anchor Katie Couric in an exclusive interview that she believes the male Supreme Court justices who voted against her have a "blind spot" when it comes to women.

"Do you believe that the five male justices truly understood the ramifications of their decision?" Couric asked Ginsburg of the 5-4 Hobby Lobby ruling, which cleared the way for employers to deny insurance coverage of contraceptives to female workers on religious grounds.

"I would have to say no," the 81-year-old justice replied. Asked if the five justices revealed a "blind spot" in their decision, Ginsburg said yes.

The feisty leader of the court's minority liberal bloc compared the decision of her five male peers to an old Supreme Court ruling that found discriminating against pregnant women was legal.

 

August 7, 2014 in Gender, Women lawyers | Permalink | Comments (0)

CFP: AALS Next Generation Issues on Sex, Gender & Law

 

Association of American Law Schools

 

 

Call for Presentations and Papers

 

AALS Workshop on Next Generation Issues on 

Sex, Gender and the Law

 

June 24-26, 2015

Doubletree by Hilton at the Entrance to Universal Studios

Orlando, Florida 

We are seeking proposals for presentations and papers for the 2015 Workshop: Next Generation Issues of Sex, Gender and the Law, scheduled to take place June 24 - 26, 2015 at the Doubletree by Hilton at the Entrance to Universal Studios in Orlando, Florida.  

After more than forty years of formal sex equality under the law, this 2015 workshop will ask legal academics to look ahead to the future and identify, name, and analyze the next generation of legal issues, challenges, and questions that advocates for substantive gender equality must be prepared to consider.  To this end, we seek paper and presentation proposals that not only pinpoint and examine future law-related concerns about gender equality but that also provide innovative new approaches to achieving equality for women and those who challenge gender norms in our society, with a particular attention to employment, violence against women, reproductive rights, women's poverty, and women in legal education. 

Our hope is to build on the insights of the participants in the 2011 AALS Workshop on Women Rethinking Equality by exploring new and forward-looking ideas for scholarship, law reform, and advocacy that can bring about women's equality.  An additional expectation is that each session will address the ways in which characteristics other than gender, including race, sexual orientation, immigration status, socioeconomic class, and disability, impact women's lives.  We also anticipate that each session will analyze the institutional strengths and weaknesses of courts, legislatures, and administrative bodies for bringing about change and offer suggestions for legal reforms that can better meet women's needs.  Our final goal is to provide a rich and supportive atmosphere to foster mentoring and networking among teachers and scholars who are interested in women's equality and the law.

The format of the workshop will involve plenary sessions, concurrent sessions drawn from this Call for Presentations and Papers, and a closing panel. The closing panel, also drawn from this Call, will consist of a brainstorming session to consider projects and proposals for proactive measures to bring about gender equality. 

 Concurrent Sessions

The concurrent sessions will feature presentations related to gender equality issues, with preference given to presentations by junior scholars and those proposals related to the topics of employment, violence against women, reproductive rights, women's poverty, and women in legal education.  We will organize the presentations into panels based on the subject matter of the proposals.  Each presentation will last for 15 minutes, followed by questions from the moderator and audience.

Interested faculty should submit a brief written description (no more than 1000 words) of the proposed presentation, along with his or her resume.  Please e-mail these materials to 15wksp@aals.org by September 15, 2014.  We will notify selected speakers by November 1, 2014.

 

Brainstorming Proposals

The final plenary session of the conference will consist of 10-12 five-minute presentations of ideas for future projects that will advance gender equality in the law.  Each selected participant will be limited to five minutes to present his or her idea or project. The presentations will be followed by audience feedback and comments.  Although we will grant preference to presentations by junior scholars and those proposals related to the topics of employment, violence against women, reproductive rights, women's poverty, and women in legal education for the concurrent sessions, we welcome proposals for this brainstorming session on any topic related to gender equality.

Interested faculty should submit a written description of the proposed presentation (no more than 1000 words), along with his or her resume.  Please e-mail these materials to 15wksp@aals.org by September 15, 2014.  We will notify selected speakers by November 1, 2014.

Eligibility

Faculty members at AALS member schools are eligible to submit proposals.  

Fellows at AALS member schools are eligible to submit proposals along with current curriculum vitae. 

Visitors without faculty status at an AALS member law school and adjunct faculty members at AALS member schools are not eligible to submit proposals.  Faculty at U.S. non-member law schools are not eligible to submit proposals. We do welcome your attendance at the workshop. 

Proposers and panelists pay the registration fee and expenses. 

Please direct questions regarding this Call for Papers and Presentations to 15wksp@aals.org.

 

Planning Committee for the 2015 Workshop on Next Generation Issues of Sex, Gender and the Law

 

Angela Onwuachi-Willig, University of Iowa College of Law, Chair

William Eskridge, Yale Law School

Aya Gruber, University of Colorado School of Law

Kimberly Yuracko, Northwestern University School of Law

Rebecca Zietlow, University of Toledo College of Law

 

 

 

 

 

 
 

August 7, 2014 in Call for Papers, Gender | Permalink | Comments (0)

Tuesday, August 5, 2014

No Human Right to Gay Marriage

Or, so declared the European Court of Human Rights: 

Gay marriage is not recognized in Finland, and it appears to be staying that way at least for now.

 The European Court of Human Rights has declined to issue a ruling that, as a practical matter, would have imposed same-sex marriage on that country and perhaps by precedent other countries in the euro zone.

According to the court, “[I]t cannot be said that there exists any European consensus on allowing same-sex marriages.”

 

August 5, 2014 in LGBT | Permalink | Comments (0)

Kimberle Crenshaw on The Girls Obama Forgot

From the NYT, Editorial, Kimberle Crenshaw (Columbia/UCLA), The Girls Obama Forgot

“ANYTHING that makes life harder for women makes life harder for families and makes life harder for children,” President Obama told an approving crowd last month, at a White House summit meeting on working families.

 

But this seemingly obvious point is not reflected anywhere in the president’s signature initiative on race — My Brother’s Keeper, a five-year, $200 million program that will give mentorships, summer jobs and other support to boys and young men of color, most of them African-American or Hispanic, and that entirely omits the challenges facing their mothers and sisters. At a meeting in Washington last week to announce new commitments to the program from corporations, school systems and nonprofits, Mr. Obama gave a perfunctory shout-out to “all the heroic single moms out there,” but did not utter the word “girls” even once.

 

Mr. Obama has told us why men of color are his focus. His moving story of the Kenyan father he knew for a month and the Kansan mother who went on to raise a president speaks volumes about his passion. But My Brother’s Keeper highlights one of the most significant contradictions of his efforts to remain a friend to women while navigating the tricky terrain of race. It also amounts to an abandonment of women of color, who have been among his most loyal supporters.

August 5, 2014 in Race | Permalink | Comments (0)

More on the Life and Death of Prof. Cheryl Hanna

For a summary of Prof. Hanna's contributions as a professor, see Respected Vermont Law School Professor Dies.  "She made her name known by creating an intellectual environment and by making everyone feel smart."

For her important work as a legal advocate for women's equal pay, see Key Lawyer Dies Before Equal Pay Case is Heard. "Hanna brought the case to the attention of the Vermont Commission on Women and wrote the organization's amicus brief in the case, which she would have presented Wednesday."

For insights from her husband, see Cheryl Hanna's Husband on Her Battle With Depression and The Mystery of a Popular Professor's Death Solved

And the official statement of the cause of death.  

August 5, 2014 in Law schools, Women lawyers | Permalink | Comments (0)

Scholastica Law Review Submission Updates on Twitter

Find Law Review Submission Updates Faster with #LawSubF14


As we enter the thick of submission season we wanted to reach out to you to announce the launch of a Twitter hashtag for Scholastica law review fall submissions. Law review editors will be using #LawSubF14 to designate tweets related to law review submission announcements for authors.

You can search #LawSubF14 on Twitter to:

• Find law review submission start announcements 
• Find law review announcements on anticipated reading and decision timeframes
• Ask submission related questions to a wide audience of editors and authors, and answer others’ inquiries

We will be tracking #LawSubF14 and retweeting all submission related journal announcements from our Twitter account @scholasticahq. We encourage you to periodically search #LawSubF14 for submission information, and to use it as a means of sharing writing resources with other authors.

To stay up-to-date on all law review announcements, follow @scholasticahq. Feel free to contact us with any questions!

Happy submissions!

-The Scholastica Team

August 5, 2014 in Scholarship | Permalink | Comments (0)

Sunday, August 3, 2014

Overwork as Threat to Gender Equality

On the one hand, there is the good news

The new data presented by David Cotter and his co-authors suggest that support for gender equality and respect for women’s ability to combine work and family have resumed their upward progress. Other evidence reveals that millennial men express greater interest in more involved fatherhood and want more balance between work and family than previous generations. 

But: 

....it remains to be seen whether these ideological changes will substantively reduce such structural inequalities as men’s continuing earnings advantage over women and women’s underrepresentation in highly paid occupations.

August 3, 2014 in Work/life, Workplace | Permalink | Comments (0)

WaPo Reports on Changing Attitudes to Women at Workplace

The story: 

 It’s not just younger Millennials who are embracing gender equality. David Cotter, a sociologist at Union College, and his co-authors foundthat support has been rising since 2006 among all age groups, among both men and women and among conservatives and liberals. Conservatives, actually, though their total numbers are lower than liberals, show the greatest increase in support.

But there's this: 

Good news for Hillary: More than three-fourths of Americans now say that men and women are equally suited to politics, up from just 48 percent in 1977.

Only three-fourths?  

August 3, 2014 in Work/life, Workplace | Permalink | Comments (0)

Saturday, August 2, 2014

Books: Spinning Seneca Falls

Lisa Tetrault (Carneige-Mellon, history) has published The Myth of Seneca Falls: Memory and the Women's Suffrage Movement, 1848-1898 (UNC Press 2014).

The story of how the women's rights movement began at the Seneca Falls convention of 1848 is a cherished American myth. The standard account credits founders such as Elizabeth Cady Stanton, Susan B. Anthony, and Lucretia Mott with defining and then leading the campaign for women's suffrage. In her provocative new history, Lisa Tetrault demonstrates that Stanton, Anthony, and their peers gradually created and popularized this origins story during the second half of the nineteenth century in response to internal movement dynamics as well as the racial politics of memory after the Civil War. The founding mythology that coalesced in their speeches and writings--most notably Stanton and Anthony's History of Woman Suffrage--provided younger activists with the vital resource of a usable past for the ongoing struggle, and it helped consolidate Stanton and Anthony's leadership against challenges from the grassroots and rival suffragists.

 

As Tetrault shows, while this mythology has narrowed our understanding of the early efforts to champion women's rights, the myth of Seneca Falls itself became an influential factor in the suffrage movement. And along the way, its authors amassed the first archive of feminism and literally invented the modern discipline of women's history

August 2, 2014 | Permalink | Comments (0)