Saturday, January 31, 2015
Nancy Leong (Denver) interviews Scott Dodson (Hastings) about his new book on Justice Ginsburg on YouTube, TheRightsCast: The Legacy of Ruth Bader Ginsburg (Jan. 27, 2015).
From the abstract:
In Episode 1 of The RightsCast, Professor Scott Dodson discusses his new book, "The Legacy of Ruth Bader Ginsburg." The book includes contributions by Nina Totenberg (NPR), Dahlia Lithwick (Slate), Judge Robert Katzmann (Chief Judge, Second Circuit), Tom Goldstein (SCOTUSblog), and a number of prominent legal academics.
View Professor Dodson's faculty homepage here: http://www.uchastings.edu/academics/f...
Professor Dodson's book, "The Legacy of Ruth Bader Ginsburg," is available here: http://www.amazon.com/The-Legacy-Ruth...
Staci Zaretsky, Sexism in the Legal Profession: An Uncomfortable Truth
The truth, however, is that according to the latest report on Women in the Law from the ABA’s Commission on Women in the Profession, while almost half of all students who graduate from law school are women, they only make up about 34 percent of all practicing attorneys. The truth is that per the National Association of Women Lawyers’ (NAWL) most recent Survey on the Retention and Promotion of Women in Law Firms, the greatest percentage of women (64 percent) continue to occupy the lowest positions their firms have to offer, while the lowest percentage of women (17 percent) occupy the highest positions in those firms. The truth is that women do leave the profession in droves and thus won't be able to ascend to those leadership positions, but it's not just because they're off having families – according to Suzanne Goldberg of Columbia Law School's Center for Gender and Sexuality Law, it's because many law firms are hostile to women's work/life balance issues.
The truth is that per NAWL, the vast majority of the largest law firms in the U.S. refuse to report data about the differences between how their male and female lawyers are compensated. The truth is that, thanks to the Bureau of Labor Statistics, we know that the gender wage gap in the legal profession is an insulting constant, with women lawyers earning just 78.9 percent of their male colleagues’ weekly salaries.
The disheartening truth is that these depressing facts and figures are no exaggeration at all.
If you’re a woman in the legal profession, it’s highly likely that you’ve experienced some form of sexism during the course of your career. For example, women who zealously and aggressively advocate for their clients in court are “bitchy”; men who do the same are “excellent litigators.” It’s often considered a great inconvenience when women in the law take maternity leave; when male lawyers take paternity leave, they’re selflessly sacrificing for their family.
Women in the law aren’t respected as attorneys – their own colleagues disrespect them, ignore them, interrupt them, speak over them, and generally treat them like trash. The sooner women in the legal profession are willing to own the fact that they’re denigrated on a near daily basis and treated like interlopers in an old boys’ club, the sooner they’ll be able to do something about it.
Colleges are investigating the majority of reported cases of sexual assault and are finding less than half of accused students responsible, according to a report released Tuesday by United Educators, a risk management and insurance firm. The study examined 305 reported cases of sexual assault at 104 institutions between 2011 and 2014.
About three-quarters of those cases were investigated, according to the report, and the accused students were found responsible in 45 percent of them. One-quarter of the cases resulted in the accused students not being found responsible, and in 7 percent of the cases, the accused students withdrew before the adjudication process was complete.
Of the 23 percent of cases that were never investigated by a college or university, 20 percent of the claims involved students who were unable to identify who had assaulted them. Another 23 percent involved victims who were "uncooperative" and chose not to pursue an investigation. More than 40 percent of the cases that were investigated ended in the accused student's expulsion, the report said, and 25 percent ended in suspensions of more than a year. Disciplinary probation and training accounted for about 9 percent of the sanctions.
Thursday, January 29, 2015
It was close to 5 o’clock on the afternoon of Nov. 4, 2013, and Sasha Fleischman was riding the 57 bus home from school. An 18-year-old senior at a small private high school, Sasha wore a T-shirt, a black fleece jacket, a gray newsboy cap and a gauzy white skirt. For much of the long bus ride through Oakland, Calif., Sasha — who identifies as agender, neither male nor female — had been reading a paperback copy of “Anna Karenina,” but eventually the teenager drifted into sleep, skirt draped over the edge of the bus seat.
As Sasha slept, three teenage boys laughed and joked nearby. Then one surreptitiously flicked a lighter. The skirt went up in a ball of flame. Sasha leapt up, screaming, “I’m on fire!” Two other passengers threw Sasha to the ground and extinguished the flames, but Sasha’s legs were left charred and peeling. Taken by ambulance to a San Francisco burn unit, Sasha would spend the next three and a half weeks undergoing multiple operations to treat the second- and third-degree burns that ran from thigh to calf.
....there are two problems with what President Obama said about paid parental leave in his State of the Union: First, he called it “maternity leave.” And, second, that statement quoted above is all he said.
In the press release from last week, “parental leave” was the chosen phrase. Critically, it was gender-neutral. As President Obama said tonight, "it’s time we stop treating childcare as a side issue, or a women’s issue.” And as the CAP report points out, parental leave isn’t a women’s issue either, “men increasingly want to be caregivers.” It also clarifies, “As family demographics shift, parents of young children are not the only types of workers with significant caregiving responsibilities.” Specifically, the report is referring to the realities of “care for elders” and “same-sex families,” where maternity leave would not apply even if it were guaranteed.
And President Obama should have said more. He could have brought up that men do increasingly want to be caregivers, that paid parental leave should be given equally to men and women, that paid parental leave could have important economic benefits, like reducing employee turn over when men and women seek to change jobs to have children, that paid parental leave isn’t something that only elite workers have earned.
President Obama’s announcement last week may have been a wonderful surprise to federal workers and their families, and even to Americans everywhere eager to see universal paid parental leave become a reality. But the announcement set high expectations for what else President Obama could have said on the topic tonight. A one-liner about “maternity leave,” left us all hanging.
Rutgers-Camden Vice Dean Adam Scales tells students to stop being sexist.
Inside Higher Ed, Brains, Not Clothes
Many female professors complain that students evaluate them in sexist ways based in part on appearance, and data suggests that's true. But few administrators have spoken out against student bias in evaluations, and tend to treat it more as an inevitable if unfortunate part of the process. So a recent mass e-mail to students at Rutgers University School of Law at Camden from Adam Scales, vice dean, stands out.
“Throughout my academic career, I’ve displayed an array of sartorial styles. For years, I veered sharply between ‘Impoverished Graduate Student' and ‘British Diplomat,’” Scales wrote. “Of course, one would never know any of this by reading my student evaluations. That’s because I’m a man.”
Scales goes on to explain that an unnamed student has explored, “in some detail, the fashion stylings of one of your professors,” and that that professor is a woman.
He continues: “Women are frequently targets of evaluative commentary that, in addition to being wildly inappropriate and adolescent, is almost never directed at men. Believe me, I am about the last person on this faculty for whom the ‘sexism’ label falls readily to hand, but after a lifetime of hearing these stories, I know it when I see it. Anyone who doubts this would find it instructive to stop by and ask any one of our female professors about this and similar dynamics.”
Yes, nearly all women in the legal profession, including law school professors, have found themselves the victims of “wildly inappropriate and adolescent” commentary about their style of dress. And yet, in recent memory, Vice Dean Scales is the only member of legal academia to defend his female colleagues from these unwarranted attacks. Why aren’t more law school deans speaking out against sexism in the legal profession? [Emphasis added]. If you’re a dean, the next time you’re considering prattling on about the value of a law degree, perhaps you ought to dedicate some time to figuring out how to improve the state of this profession for women, who represent nearly half of all law school graduates, and who make up about 34 percent of all practicing lawyers.
Despite the title of this article, Salon, How Progressives are Changing from Professionals to Populists, its more about the deteriorating professions in medicine, law, and the academy.
Nobody is talking about it, but the professions are collapsing. And as they collapse, they will take a certain kind of center-left progressivism with them. There will be some sort of liberal left in the future, but it probably will not resemble the school of progressivism familiar from Woodrow Wilson to Barack Obama, a school rooted in the professional class.
For more than a century, the American upper middle class has been divided between “professionals” and “managers.” The elite professions—doctors, lawyers and professors—have shared several characteristics. Although professionals may choose to specialize, they are essentially generalists. The ideal professional is self-employed or works with partners, instead of working in a corporate or public bureaucracy. ***
The professoriate is in an advanced state of decay. The tenured university professor may soon go the way of the medieval knight and the 18th century dancing master. The number of nontenured faculty teaching at accredited colleges and universities has risen from fewer than half in 1975 to nearly two-thirds today. Many of these teachers are poorly paid adjuncts without benefits. The class division (no pun intended) between academic sweatshop workers and privileged tenured faculty is not likely to last. Whether higher education is nominally public, nonprofit or for-profit, its transition from a service provided by largely independent professionals to an industrialized sector seems inevitable.
How did that happen? It started during the Great Depression as "a source of 'fiscal stimulus,' if you will," says Arizona State University's Chris Herbst, an associate professor in the school of public affairs.
The Works Project Administration first ran the day cares. The idea was to employ teachers and to also watch kids so that their unemployed parents could look for jobs. When women replaced deployed soldiers in the domestic workforce during World War II, the government funded a major expansion.
That all ended with the war, and though in the early 1970s Congress approved a similar program, Herbst says aides convinced President Nixon to veto it.
Wednesday, January 28, 2015
After years of behind-the-scenes meetings between LGBT advocates and top Mormon leaders, church officials Tuesday announced for the first time general support for legislation to protect LGBT people in areas such as housing and employment – as long as accommodations are made to protect the freedom of religious people who oppose such measures.
“We must all learn to live with others who do not share the same beliefs or values,” read a statement released at a midday Salt Lake City news conference.
Church officials emphasized that there has been no change of the doctrine. The Church of Jesus Christ of Latter-Day Saints teaches that it goes against the law of God to have sex outside of marriage between a man and a woman.
LGBT advocates had mixed reactions to the announcement, which mirrors a national discussion about how to balance civil rights of gays and lesbians with the religious freedom of conservatives of different faiths who oppose gay equality, among other liberalizing moves.
ALBANY, N.Y. (AP) -- The governor is calling for an amendment to the state's civil rights law to protect transgender New Yorkers from discrimination in housing, employment, credit, education and public accommodations.
Gov. Andrew Cuomo says in his state of the state speech Wednesday that the Legislature should pass a bill to add "gender identity or expression" as a protected class.
Previous amendments have expanded the 1945 law that banned discrimination on the basis of race, color, creed and national origin.
And some commentary from the Human Rights Campaign.
Tuesday, January 27, 2015
From the New Yorker: America's Family-Leave Disgrace
What do Papua New Guinea, Oman, and the United States of America have in common? They are the only three countries in the world with no paid-maternity-leave law. When you point out the deficiencies of the United States in this regard, somebody often replies, “This isn’t Scandinavia; we can’t impose cuddly capitalism”—the M.I.T. economist Daron Acemoglu’s phrase—“and still enjoy economic growth.” Granted, we’re not Sweden, but neither are we Romania, Uganda, Bolivia, or any of the hundred and eighty-five other countries that, according to a 2014 report from the U.N.’s Institute of Labor, provide their citizens with paid leave to care for a new child. Ninety-eight of those countries offer paid leave for fourteen weeks or more. In his State of the Union address on Tuesday, President Barack Obama vowed to make family leave and sick days a priority in the final two years of his Presidency. He has work to do. In the United States, where all sorts of powers are commonly attributed to the private sector, many people might imagine that employers take up the slack. But the majority of U.S. employers do not offer paid family leave, for the simple reason that they don’t have to.
From the Legal History Blog: More on Women Trailblazers in the Law
We’ve previously posted on Women Trailblazers in the Law, an oral history project now sponsored by the American Bar Association’s Senior Lawyers Division. I am now pleased to report that two essays relating to that project are now available for free download. They are Memorializing the Work and Lives of Women Trailblazers in the Law, by Brooksley Born and Linda Ferren, and The Rules of Engagement: How Women Attorneys Broke Law’s Glass Ceiling, by Jill Norgren. Both appeared in the ABA’s Senior Lawyers Division’s publication, Voice of Experience.
Though women lawyers are outnumbered by males in partnerships at large law firms, they made strides at several law firms in Washington, D.C., in recent promotions.
Out of 35 law firms that announced the promotions of partners since October, 14 promoted as many or more females than men in Washington, D.C., theNational Law Journal (sub. req.) reports. In many cases, the proportion of women promoted to partner was greater in a law firm’s D.C. offices than in other locations.
Arent Fox promoted four lawyers nationally and all were women, the story says. Akin Gump Strauss Hauer & Feld promoted five lawyers to partner in Washington, D.C., and four were women.
Leaders of Arent Fox and Akin Gump told the National Law Journal that flexible work schedules help the firms retain and promote women. At Akin Gump, three of the four women lawyers promoted in D.C. have worked reduced hours and will continue to do so as partners.
Sunday, January 25, 2015
From bikini-clad beachgoer to veiled jihadist fugitive, the partner of Paris gunman Amedy Coulibaly underwent a startling metamorphosis that illuminates the dangerous potential behind militant groups' efforts to increase their recruiting of female terrorists.
Although French police initially questioned Hayat Boumeddiene, 26, five years ago, they acknowledge that she was subsequently able to make hundreds of phone calls and arrange meetings for Coulibaly through the wives of fellow assailants. She is then believed to have fled to Turkey just before the rash of killings in Paris this month, and is believed to have crossed into Syria.
The battle lines are clear: Some high-level church officials, most notably the conference of German bishops, want the church to relax its rules so that divorced Catholics can more fully return to church life, particularly by receiving communion, even if they have remarried. Traditionalists arepushing back fiercely, arguing that the indissolubility of marriage is ordained by God and therefore nonnegotiable.
In October, bishops from around the world argued about divorce, among other topics, at a synod on family issues; this October, a larger group of bishops will meet for a second Vatican synod at which they will decide whether to recommend changes. The decision of whether to act, then, will be up to Francis.
Saturday, January 24, 2015
The majority of young women and men today would prefer an egalitarian relationship in which work and family responsibilities are shared equally between partners if that possibility were available to them, according to a new study from the University of Texas at Austin and the University of California-Santa Barbara.
The study finds that when the option is made available to them, the majority of respondents -- regardless of gender or education level -- opt for a relationship in which they would share earning and household/caregiving responsibilities equally with their partner. Additionally, the study finds that if workplace policies that support work-family balance, such as subsidized child care, are in place, women are even more likely to prefer an egalitarian relationship and much less likely to want to be the primary homemaker or caregiver.
Will some future cohort of progressive-minded men cooking chili with grass-fed ground beef in their NFL-themed Crock-Pots one day fulfill the promise of decades of kitchen appliances and help ensure a better balance of housework at home? Based on past experience, it seems misguided to place too much faith in any technology for achieving equality between the genders. Strasser, the historian, suggested that family-friendly public policies, like family leave or subsidized child care, might be more fruitful.
1. Inspiring to hear other women's success stories.
2. Learning new skills to stay ahead of the curve, like granting writing or developing business plans.
3. Networking - that "New Girls Network"
Men's club mentality keeping women out of partnerships, Managing Partner roundtable finds
Large law firms need to radically change their cultures and working practices if they are to succeed in creating gender-diverse partnerships.
That's the view that emerged at a Managing Partner roundtable, which considered why many firms are still failing to develop gender-balanced partnerships and senior management teams.
"I don't know that we'll ever be able to get to 50 per cent diversity until the business of law as practiced by large law firms today changes," said Gina N Shishima, US head of IP transactions and patent prosecutions, and US chief diversity officer at Norton Rose Fulbright.
Women typically constitute more than half of the trainees and associates, but make up less than 20 per cent of the partners at international firms and about a quarter of the partners at London, regional and national firms, on average.
At equity partner level, female representation is even lower, ranging from 15 to 17 per centamong the UK's top 25 firms, fractionally up from the 14 to 15 per cent recorded in 2008, according to PwC data.
"Based on data alone, women should have achieved nearly 50 per cent parity as partners at the turn of the century," commented Lauren Stiller Rikleen, president of the Rikleen Institute for Strategic Leadership and executive-in-residence at the Boston College Center for Work & Family.
Law firm culture and unconscious bias play important parts in keeping women out of partnerships and senior management teams, according to panelists.
Friday, January 23, 2015
The lawsuit arrives with institutional assumptions about who is likely to be a restaurant server.
EUGENE, Ore. - International restaurant chain Ruby Tuesday, Inc. discriminated against male employees for temporary assignments to a Utah resort, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.
According to the EEOC's suit, in the spring of 2013 Ruby Tuesday posted an internal announcement within a 10-state region for temporary summer positions in Park City, Utah with company-provided housing for those selected. Andrew Herrera, a Ruby Tuesday employee since 2005 in Corvallis, Ore., wanted to apply because of the chance to earn more money in the busy summer resort town. However, the announcement stated that only females would be considered and Ruby Tuesday in fact selected only women for those summer jobs, supposedly from fears about housing employees of both genders together. Ruby Tuesday's gender-specific internal posting excluded Herrera and at least one other male employee from consideration for the temporary assignment.