Sunday, August 2, 2015
Martha Chamallas (Ohio State), Theorizing Damage Through Reproductive Torts, Jotwell.
Of the five basic elements of the negligence cause of action (duty, breach, cause-in-fact, proximate cause, damage), the concept of “damage” (sometimes referred to as “injury” or “harm”) has probably received the least attention from torts scholars and certainly commands less time in the classroom. Indeed, the comparative lack of discussion likely exacerbates the common tendency to confuse the concept of actionable damage with the related topic of recoverable damages, i.e., those specific items of loss (such as medical expenses or sums paid for pain and suffering) that are a consequence of an actionable injury. In the U.S., controversial claims for negligent infliction of emotional distress and for reproductive injuries, especially wrongful conception and wrongful birth claims, have triggered debates under the headings of duty, proximate cause, or recoverable damages. Recently, however, Gregory Keating has argued that the concept of harm “can do more work than it is presently being made to do,” inviting more theorizing about what lies beneath the largely intuitive concept of harm or damage.
This ambitious article by British tort theorist Nicky Priaulx aims to fill the void by theorizing about the normative dimensions of the concept of damage. Although she doesn’t use the f-word (feminism) until the end of the piece when she discusses just whose injuries tend to be addressed by tort law, her approach is clearly informed by feminist scholarship, as is evident by her starting point that the concept of damage is “imbued with ideals of social justice and equality [and] directed towards treating like cases alike.” (P. 2.) But Priaulx’s legal feminism is of a newer stripe: it is as much about harm to men as it is about harm to women and is interwoven into a universal theory about how to shape tort law to fit the social experience of injury.
Wednesday, July 22, 2015
Hillary Clinton was asked during an interview to respond to Mitch McConnell's charge that she plays the "gender card." Her response was apt, it seemed to me:
Clinton’s response — a riposte that the gender card is being played “every time Republicans vote against giving women equal pay, deny families access to affordable child care or family leave, refuse to let women make decisions about their health or have access to free contraception” — was a forthright appeal for women’s votes — and the latest signal that, yes, Clinton’s gender will be front and center in her campaign this time around.
Eight years ago, her first presidential campaign downplayed any focus on running as a woman. But Democrats say gender is not only a plus this time, but also crucial to Clinton’s strategy for winning a general election where she will need to boost the turnout of female voters, who are more likely to vote Democratic.
The campaign followed up on on the Facebook chat Tuesday, releasing a slick video replaying McConnell’s remark and then featuring the records of some of the GOP candidates when it comes to issues that affect women: Sens. Marco Rubio, Rand Paul and Ted Cruz voted against paid sick leave; Gov. Scott Walker repealed an equal pay law in his state; and Jeb Bush made a comment offensive to poor women back in 1994, saying, “women on welfare should get their life together and find a husband.”
“There she goes again with the women’s issues,” Clinton says in a clip featured in the video, pulled from an appearance in Iowa last week. “Well, I’m not going to stop, so get ready for a long campaign.”
Tuesday, July 21, 2015
Both are delicious. And good for you.
But the moment I recognized the excellence of Brussels Sprouts represented a twofold cause for celebration. Not only was I set up for a lifetime of consuming a nutritious vegetable, but I suddenly had the discernment to enjoy said vegetable. . . . Just so with feminism. Mainstream culture has finally figured out that feminism is delicious, and we should rejoice rather than squint doubtfully into the glorious, gender-equal sunrise.
Friday, June 19, 2015
Nearly a century after gaining national suffrage rights, American women represent a majority of voters, yet women represent less than a quarter of state legislators, a fifth of members of Congress, and an eighth of governors.
A careful examination of the trends at the local and state level reveals that unequal representation is even worse than it looks. My group Representation 2020 seeks parity for women in elected office—meaning that at any given moment a woman would be just as likely as a man to hold elected office—in our lifetimes. Yet, as to be reported in our State of Women’s Representation 2015-2016 report, women in fact are not on the road to achieving that goal.
A report by the Institute for Women’s Policy Research suggested achieving parity would take several generations. But it’s too simplistic to map out trends from the past 20 years in anticipation of steady growth to parity. In the real world, representation of women typically stalls or regresses once it surpasses about a third of seats in a state. Unless both major parties show equal readiness to move to parity—and at this point, the Republican Party shows no such trend—the bottom line is stark: Absent new intervention by our political parties and our lawmakers, we simply won’t achieve gender parity nationally nor in most states. Not in our lifetime. Not in our children’s lifetime. Not ever.
Saturday, May 16, 2015
The Feminist Legal Theory CRN group at the upcoming Law & Society is reading Roxane Gay's, Bad Feminist (http://www.roxanegay.com/bad-feminist/).
I just finished reading the book myself. I had read excerpts and reviews, but not the book until now. Really great. She's a professor, a writer, and a "bad" feminist - defined as a real, human, imperfect person who nevertheless believes in core principles of gender equality and the identification of such as "feminist." Refreshing, irreverent. Just keeping it real.
Monday, May 4, 2015
From the WSJ:
Men and women have different experiences when it comes to Wall Street careers. And those differences fascinate Lily Fang.
Dr. Fang, an associate professor of finance on the Singapore campus of the business school Insead, has spent the past five years or so delving into how gender affects the career-development paths of stock-research analysts on Wall Street. What she and co-author Sterling Huang of Singapore Management University found was that the networking and personal connections that male analysts rely on so heavily to get ahead are much less useful for women in similar jobs.
Thursday, April 2, 2015
Melvin Konner, The End of Male Supremacy, Chronicle of Higher Ed.
Women are not equal to men; they are superior in many ways, and in most ways that will count in the future. It is not just a matter of culture or upbringing. It is a matter of chromosomes, genes, hormones, and nerve circuits. It is not mainly because of how experience shapes women, but because of intrinsic differences in the body and the brain.
Do these differences account for all the ways women and men differ? No. Are all men one way and all women another? Also no. But none of those considerations seriously impede my argument or deflect its key conclusion: Women are superior in most ways that matter now.
And no, I do not mean what was meant by patronizing men who said this in the past — that women are lofty, tender, spiritual creatures. I mean something like the opposite of that. I mean that women are fundamentally pragmatic as well as caring, cooperative as well as competitive, skilled in getting their own egos out of the way, deft in managing people without putting them on the defensive, builders not destroyers. Above all, I mean that women can carry on the business of a complex world in ways that are more focused, efficient, deliberate, and constructive than men’s because women are not frequently distracted by impulses and moods that, sometimes indirectly, lead to sex and violence. Women are more reluctant participants in both. And if they are drawn into wars, these will be wars of necessity, not of choice, founded on rational considerations, not on a clash of egos escalating out of control.
Interesting use of Elizabeth Cady Stanton here too.
This is not a new idea. Elizabeth Cady Stanton gave an address to the National Woman Suffrage Convention in Washington, D.C., on January 19, 1869. She said, "The same arguments made in this country for extending suffrage … to white men, native born citizens, without property and education, and to foreigners … and the same used by the great Republican party to enfranchise a million black men in the South, all these arguments we have to-day to offer for woman, and one, in addition, stronger than all besides, the difference in man and woman. Because man and woman are the complement of one another, we need woman’s thought in national affairs to make a safe and stable government."
She also said, "When the highest offices in the gift of the people are bought and sold in Wall Street, it is a mere chance who will be our rulers. Whither is a nation tending when brains count for less than bullion, and clowns make laws for queens?" Almost 150 years later, the highest offices are still bought and sold on Wall Street, and clowns make laws for queens. But the latter, at least, is coming to an end.
Yet notice: What additional argument for women’s equality is "stronger than all besides"? "The difference in man and woman." Men and women complement each other. After a century and a half of research, Stanton’s argument from difference is stronger than ever, grounded in evolution, brain science, child psychology, and anthropology. And we can take it a step further
I discuss Stanton's feminist theory of difference in the context of parenting and property rights in my forthcoming book. But her feminism was more complex than this one speech suggests. She believed in equality, difference, as well as radical feminism, as all were part of the web of women's oppression.
Monday, March 30, 2015
“You hold women in contempt”: Frat culture isn’t an aberration, it’s everything men learn about being a “real man”
...thus reads the headline from Salon:
There are a lot of stories out there right now about frat culture, which is maybe why I find myself circling back to bigger questions about masculinity. Or at least the version of masculinity on display in some of these fraternities.
Read the rest here.
Saturday, March 28, 2015
Vanderbilt, A Guide to Feminist Pedagogy
Feminist pedagogy is not a toolbox, a collection of strategies, a list of practices, or a specific classroom arrangement. It is an overarching philosophy—a theory of teaching and learning that integrates feminist values with related theories and research on teaching and learning.
It begins with our beliefs and motivations: why do we teach? why do students learn? what are the goals of learning? We know that the consequences of our motives for teaching and learning are significant: Keith Trigwell and Mike Prosser have shown that the instructor’s intentions in teaching (“why the person adopts a particular strategy”) have a greater impact on student learning than the instructor’s actual strategies for teaching (“what the person does”) (78). Their research has shown that approaches to teaching that are purposefully focused on the students and aimed at changing conceptual frameworks lead to deeper learning practices than teacher-centered, information-driven approaches (Trigwell 98). The implications are that the instructor’s fundamental beliefs and values about teaching, learning, and knowledge-making matter.
In this guide, we explain some of the fundamental beliefs, values, and intentions behind feminist pedagogy to inform a deliberate application in specific classrooms–any and all classrooms, as feminist pedagogy can inform any disciplinary context. (For a more focused exploration of feminist pedagogy specifically within the women’s studies classroom, see Holly Hassel and Nerissa Nelson’s “A Signature Feminist Pedagogy: Connection and Transformation in Women’s Studies.”)
[H/t Kathy Feltey]
Wednesday, March 25, 2015
The official dictionary of the Swedish language will introduce a gender-neutral pronoun in April, editors at the Swedish Academy have announced.
“Hen” will be added to “han” (he) and “hon” (she) as one of 13,000 new words in the latest edition of the Swedish Academy’s SAOL.
The pronoun is used to refer to a person without revealing their gender – either because it is unknown, because the person is transgender, or the speaker or writer deems the gender to be superfluous information.
“For those who use the pronoun, it’s obviously a strength that it is now in the dictionary,” one of the editors, Sture Berg, told AFP on Tuesday.
Wednesday, March 4, 2015
As mainstream understandings of bodies and identity evolve and change, it's only fitting that industries, such as fashion, evolve too.
That's the case with NiK Kacy, one of the first luxury footwear brands to describe their product as gender-neutral. At HuffPost Gay Voices we've been documenting the shifting nature of queerness within the fashion world through our series"FABRICATIONS: Emerging Queer Faces of Fashion Design." The NiK Kacy brand is certainly emblematic of this shift and an exciting prospect for bodies existing outside of binary understandings of gender.
NiK Kacy is currently engaged in a Kickstarter campaign in order to fund the brand's first line. The Huffington Post chatted with Kacy this week about their vision for this footwear line, as well as its cultural significance.
Monday, March 2, 2015
Wesleyan University has created a special dorm that is meant to house the LGBTTQQFAGPBDSM crowd. From the school website:
Open House is a safe space for Lesbian, Gay, Bisexual, Transgender, Transsexual, Queer, Questioning, Flexual, Asexual, Genderfuck, Polyamourous, Bondage/Disciple, Dominance/Submission, Sadism/Masochism (LGBTTQQFAGPBDSM) communities and for people of sexually or gender dissident communities. The goals of Open House include generating interest in a celebration of queer life from the social to the political to the academic. Open House works to create a Wesleyan community that appreciates the variety and vivacity of gender, sex and sexuality.
I must say that I am ambivalent about this. Is this a good thing for the students in the dorm? To segregate themselves so completely like this from the rest of the school? So too I find disturbing the notion that all these quite different groups would naturally share a desire to live together, simply because they are sexually marginalized in society.....
Wednesday, February 25, 2015
As she prepares for her presidential bid, Hillary Clinton intends to serve up a different campaign message than last time:
But rather than the assertive feminism associated with her years as first lady, Mrs. Clinton’s campaign message will be subtler. It will involve frequent references to being a mother and grandmother and to how her family has inspired her to embrace policies that she believes would help middle-class families.
As one Democrat close to her put it, voters have learned that she is tough; now she can also present herself as a sensitive candidate capable of nurturing the nation at a difficult time.
Monday, February 23, 2015
“Please do something about this, girls read comics too and they care,” the 11-year-old from Champaign, Illinois, added according to NBC’s Today show.
A DC Comics artist drew Rowan as a superhero complete with her blonde bob hairstyle and spectacles with a burgundy and yellow outfit to help her fly over a dandelion field.
Previously, they sent out tweets saying that they’re “working hard to create more superhero fun for girls” but she had said that, even though she appreciated the responses, her quest to see more girl characters was not over.
“It was really, really cool, because they’re so big and important people,” she said of the tweets.
“But I thought ‘I don’t want people to think, “Oh, yeah, OK, they responded to her. Now it’s over.” I want people to keep trying to make this happen, because it’s really important to me.”
Her parents Jim Hansen and Renee Trilling said that Rowan has been aware of gender inequality for years.
Saturday, February 14, 2015
What would United States Supreme Court opinions look like–and what would their influence be–if key decisions on gender issues were written with a feminist perspective? The US Feminist Judgments Project seeks to answer these questions by pulling together a group of leading feminist legal scholars in the United States to rewrite, using feminist reasoning, the most significant Supreme Court cases on gender from the 1800s all the way to the present day.
Editors Linda Berger (UNLV), Bridget Crawford (Pace) and Kathy Stanchi (Temple), along with an Advisory Panel of diverse and distinguished scholars, targeted 24 influential Supreme Court cases related to gender for feminist revision. Those 24 rewritten opinions, along with introductory commentary explaining the issues and context of the decision, will be published by Cambridge University Press in a volume entitled Feminist Judgments: Rewritten Opinions of the United States Supreme Court. You can see the final list of cases, as well as the authors of the rewritten opinions and commentaries, here.
The US Feminist Judgments Project was inspired by the successful collection and publication in Britain of Feminist Judgments: From Theory to Practice, 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 to wide acclaim.
Like its British counterpart, the US Feminist Judgments Project seeks to illustrate how decision-makers with feminist viewpoints could have arrived at different decisions using different reasoning in critical Supreme Court cases despite the restrictions of stare decisis. The rewritten decisions are framed within the same precedent that bound the Supreme Court at the time of the opinion, but bring to the decision making and the opinion writing a feminist perspective on the facts and the law. The rewritten decisions show not only how feminist theory can apply to real-world judgments, but also the ways that stare decisions can mask the law’s masculine perspective and bias. In this way, the volume will help uncover the manner in which hidden and often-unrecognized gender bias drives the results and the reasoning in much of our jurisprudence.
Friday, February 13, 2015
This study suggests so. The abstract available on SSRN:
We formulate theory on the effect of board of director gender diversity on the broad spectrum of securities fraud and generate three main insights. First, based on ethicality, risk aversion, and diversity, we hypothesize that gender diversity on boards can operate as a significant moderator for the frequency of fraud. Second, we hypothesize that the stock market response to fraud from a more gender-diverse board is significantly less pronounced. Third, we hypothesize that women are more effective in male-dominated industries in reducing both the frequency and severity of fraud. Our first-ever empirical tests, based on data from a large sample of Chinese firms that committed securities fraud, are largely consistent with each of these hypotheses.
Friday, February 6, 2015
For those now considering commenting to suggest that there’s a perfectly fine existing neutral pronoun – “they” – remember that pronouns must match both gender and number. So in the case of single individuals, it’s grammatically inaccurate.
And for those complaining this is a “PC gone mad” linguistic ambush by the modern trans lobby, this fascinating blog by Dennis Baron charts more than 100 (failed) attempts over 150 years to coin a gender-neutral singular pronoun. The elusive term – still not agreed upon – has been labelled the ‘hermaphrodite pronoun’, the ‘bipersonal pronoun’ and the ‘unisex pronoun.’
Wednesday, January 14, 2015
A West Hollywood law requiring all single-stall restrooms in businesses and public places to be gender-neutral will go into effect this week.
The law, which will have no impact on multiple-stall restrooms, mandates that any facility designed for use by no more than one person not be restricted to a specific sex or gender identity by signage, design or installation of fixtures.
Wednesday, November 5, 2014
Ben A. McJunkin has recently uploaded on SSRN "Rank Among Equals," which is forthcoming from the Michigan Law Review. The abstract reads:
Dignity is on the march. As illustrated by Justice Kennedy’s recent majority opinion in United States v. Windsor, the concept — once seen as exclusive to moral philosophy — has taken on increasing importance in the legal realm, particularly in the recognition of individual human rights. Jeremy Waldron's recent book, Dignity, Rank, and Rights, offers a profound and provocative take on dignity's newfound centrality to law. Waldron contends that dignity currently operates as a universal legal status that entails individual rights. He suggests that this development reflects the gradual democratization of aristocratic privilege — a kind of "leveling up" of humanity.
This Review disentangles and separately examines the two core accounts of dignity in Waldron's work. The first, which purports to identify the nature of contemporary legal dignity as a form of status, appears to be promising step toward better understanding the role dignity plays in law. The second, Waldron's historical account of dignity's development that offers up something like an origin story for our contemporary conceptions, is more troubling. Borrowing from feminist theory and queer theory, as well as from the equality projects to which they are allied, I contend that Waldron's narratives of extending aristocratic privilege threaten to entrench inequality and injustice while limiting the potential for marginalized groups to employ dignity as a deeply remedial legal tool. I urge Waldron to revisit dignity's expressive connection to human worth, which has proven central to dignity-based antidiscrimination and antisubordination projects.