Monday, February 17, 2014
Michael Sam, the All-American from the University of Missouri, is the first openly gay football player. Some NFL teams have already supported his candidacy and it seems that the media is supporting him too.
On the other hand, as you probably know, the NFL doesn't seem to be a hospitable place for cultural differences, as suggested by the ordeals suffered by Jonathan Martin.
This conflict between the gentleman and the brute, which I've examined elsewhere, seems never ending.....
Tuesday, February 11, 2014
Wednesday, February 5, 2014
Christina Hoff Sommers writes in a NYT Op-ed:
Boys score as well as or better than girls on most standardized tests, yet they are far less likely to get good grades, take advanced classes or attend college.
The scholars attributed this “misalignment” to differences in “noncognitive skills”: attentiveness, persistence, eagerness to learn, the ability to sit still and work independently. As most parents know, girls tend to develop these skills earlier and more naturally than boys.
Not being an educational sociologist, I have no idea if this is true, but the choice of words intrigues me. Attentiveness, persistence, ...the ability to...work independently--these are all, arguably, anyway, masculine virtues, aren't they?
Saturday, February 1, 2014
Essays in Honor of Justice Ruth Bader Ginsburg
ESSAYS BY DEBORAH E. ANKER, SUSAN H. FARBSTEIN, JUDGE NANCY GERTNER, LANI GUINIER, VICKI C. JACKSON, RICHARD J. LAZARUS, JOHN F. MANNING, MARTHA MINOW, CAROL S. STEIKER, JULIE C. SUK, LAURENCE H. TRIBE, MARK TUSHNET
To honor Justice Ruth Bader Ginsburg’s twenty years of service on the United States Supreme Court so far, Harvard Law School planned a celebration and many individual faculty members wrote reflections on some of her opinions. Those reflections are assembled here along with our community’s heartfelt admiration and appreciation. Very few individuals in history come close to the extraordinary and significant role played by Justice Ginsburg in the pursuit of justice before she joined the bench. Her work earned her a faculty post at Rutgers School of Law and then the first tenured post for a female professor at Columbia Law School. As director of the Women’s Rights Project of the American Civil Liberties Union, she argued six landmark cases on gender equality before the U.S. Supreme Court and crafted successful challenges to the system of legally enforced gender roles that limited opportunities for both women and men. With vision and brilliance, she earned a place in the history books and on the honor roll of civil rights heroes.
Both as judge on the Court of Appeals for the District of Columbia Circuit and as Associate Justice of the U.S. Supreme Court, she has produced a body of superbly crafted opinions and nurtured a quality of collegiality that represents an equally significant contribution to the administration of justice. And there is more to come.
It is a special privilege and honor for me, as the second woman to serve as Dean, to salute Justice Ginsburg at Harvard Law School. When she was a student here, she faced a class of over 500 men and only seven other women. She juggled her roles as a wife and mother with her work as a law student and faced a Dean who chided female students for taking the places of qualified males. She excelled. She joined the Harvard Law Review. When her husband, fellow law student Martin Ginsburg, had to deal with cancer, she took notes for him and helped him recover. And when the Harvard Dean refused her request to earn her degree while moving to New York with her family and completing her final year of schooling at Columbia Law School, she transferred there and promptly rose to the top of the class. She gently but rightly resisted the requests of later Harvard Law School Deans to accept a tardy degree from Harvard Law School but finally, in 2011, received a Harvard degree — an honorary doctorate, the university’s highest academic honor. It is with joy that we offer these reflections on some of her judicial work.
~ Martha Minow
127 Harv. L. Rev. 423 (2013) | DOWNLOAD PDF | WESTLAW
Saturday, January 11, 2014
Zachary Kramer (Arizona) has posted The New Sex Discrimination, 63 Duke L. J. ___(2014)
Sex discrimination law has not kept pace with the lived experience of discrimination. In the early years of Title VII of the Civil Rights Act, courts settled on idea of what sex discrimination looks like — formal practices that exclude employees based on their group membership. The problem is that sex discrimination has become highly individualized. Modern sex discrimination does not target all men or all women, nor does it target subgroups of men or women. The victims of modern sex discrimination are particular men and women who face discrimination because they do not or cannot conform to the norms of the workplace. These employees have been shut out of a sex discrimination regime that still expects employees to anchor their claims to a narrative of group subordination.
This paper proposes a new regime for sex discrimination law. The model for the new sex discrimination regime is religious discrimination law. Unlike other areas of employment discrimination law, religious discrimination law offers a dynamic conception of identity and a greater array of different theories of discrimination. Sex discrimination law can and should work this way, too. On a broader level, the paper recalibrates sex discrimination law’s vision of equality. Difference is universal; no two people are the same, and this is a good thing. Thus the central task of sex discrimination law should be to better recognize — and in turn protect — the distinctive ways in which employees express their maleness and femaleness. It is these differences, after all, that shape the way employees experience modern sex discrimination.
Thursday, January 2, 2014
This so-called fourth wave of feminism is a young wave, untempered by previous generations (partly because they ran out of steam after the last national women's liberation movement conference of 1978 in Birmingham). After the first wave of early 20th-century suffragettes led by the Pankhursts, the second wave of de Beauvoir's optimistic postwar wave and the third wave of 1970s bra-burners, we've waited a long time for the fourth. That it is a young wave accounts for its energy but it also points to its weaknesses.
Friday, December 27, 2013
“Twitter has hands down been one of the most dynamic, vital spaces for feminists in conversation in 2013.”
If the notion that a slew of 140-character utterances could be “vital” to feminism gives you pause, you’re not alone.