Friday, September 11, 2020
Lesley Wexner, Law and Non-Legal Entitlements: Kate Manne's Entitled: How Male Privilege Hurts Women, Verdict
Philosopher Kate Manne’s first book Down Girl exploded into the popular consciousness just a few years ago. She rejected a simplistic view of misogyny as simply men who hate women and instead developed a broader view that misogyny serves “primarily a property of social environments in which women are liable to encounter hostility due to the enforcement and policing of patriarchal norms and expectations. . . . Misogyny functions to enforce and police women’s subordination and to uphold male dominance.” Given Manne’s sharp analytic approach, I eagerly awaited her follow-up, Entitled, just now published. This new work focuses on how “privileged men’s sense of entitlement. . . is a pervasive social problem with often devastating consequences.”
Coming to Manne’s new work as a law professor, I thought about how Entitled might fit within the property literature. It reminded me, in a good way, of Robert Ellickson’s infamous article on Shasta County and the role of informal norms in managing property rights. Ellickson’s investigation of ranchers and farmers was seminal in challenging the Coasean intuition that in the absence of transaction costs, initial property entitlements are irrelevant since parties will simply bargain their way to the efficient outcome. He urged law and economics to think about and account for the development and the enforcement of informal norms and what those might tell us about the recourse to the law to enforce legal entitlements. Manne makes a similar move, but one step earlier. She suggests that to successfully challenge both the law and the informal norms, more of society needs to first clearly see and understand the original underlying entitlements. Her book identifies, names, and explores a whole universe of entitlements that often benefit men at the expense of women. While many of the entitlements Manne identifies are not legal entitlements provided for by the state, they are pervasive, they shape a great deal of human interaction, their use as the social default disfavors women, and society is having a difficult time bartering to what I see as the appropriate socially optimal egalitarian outcome. I found her entitlement framework illuminating and will spend the rest of this post explaining how the framework exposes different entitlements in American society.
Monday, August 17, 2020
Book Review, Kate Manne: "Entitled" Takes a Scalpel to What Men Feel they are Automatically Deserve
“This book shows that an illegitimate sense of male entitlement gives rise to a wide range of misogynistic behavior,” she writes in “Entitled.” “When a woman fails to give a man what he’s supposedly owed, she will often face punishment and reprisal.”***
The book goes on to parse the various “goods” that men, in Manne’s reckoning, have been conditioned to feel entitled to — admiration, sex and consent; a home where someone else uncomplainingly does most of the child care and housekeeping. Some of these things are “feminine-coded,” she writes; others, like power and knowledge, are typically reserved as a masculine prerogative.
Some forms of discrimination are subtle, operating below the level of our conscious thoughts, but they still exert meaningful effects, Manne says. The reflexive distaste or suspicion that greets any woman who asserts her ambition is in some ways just as indicative of how the social order gets preserved as the violence meted out by the most vicious misogynists.***
One of the qualities that makes Manne’s writing bracing and even thrilling to read is her refusal to ingratiate herself by softening the edges of her resolve. She was trained as a logician, and in “Down Girl” she systematically laid out her premises and evidence to show how misogyny operated according to its own peculiar logic.
“Entitled” doesn’t feel as surprising or as tightly coiled as that book. In “Down Girl,” she offered a brilliantly original understanding of misogyny, a term that can sound too extreme to use, by showing the routine and banal forms that its hostility often took. The concepts of entitlement and privilege aren’t nearly as rare or mysterious; swaths of this new book are clarifying but also familiar.
Still, the subject of “Entitled” is trickier in many ways than the subject of “Down Girl.” Feelings of entitlement may be essential to misogyny — but Manne argues that they’re essential to defeating misogyny, too. She ends by writing about her newborn daughter, and the things that she wants her daughter to feel she deserves, which are necessarily connected to a set of moral obligations. This more reciprocal understanding of entitlement encourages us to think hard about what we owe, not just to ourselves but to one another.
Friday, April 17, 2020
Institutional Perpetuation of Systemic Gender and Racial Discrimination by the Continued Use of Student Evaluations Despite Research Consensus on their Bias
Debra Austin, Leadership Lapse: Laundering Systemic Bias through Student Evaluations, Villanova L. Rev. (forthcoming)
The use of the student evaluation of teaching (SET) for high stakes faculty employment decisions amounts to a lapse in leadership. A scholarly consensus has emerged that using SETs as the primary measure of teaching effectiveness in faculty review processes can systematically disadvantage faculty from marginalized groups. The growing body of evidence shows that women and minorities get lower ratings of their teaching than white men. Using biased evaluations allows colleges and universities to discriminate against faculty whose identities deviate from white male heteronormativity.
Despite the knowledge that empirical research demonstrates these instruments are biased, the academy has accepted them as credible. Bias in student evaluations can lead an institution to determine that a faculty member who differs from the straight white male stereotype is an inadequate teacher. Faculty with lower student ratings are penalized in the hiring, retention, compensation, and promotion processes.
This article summarizes empirical research demonstrating that student evaluations are biased against female faculty and faculty of color; describes the impact on student learning; details the influence on institutional culture of using student evaluations for assessing teaching quality for performance evaluations, compensation, promotion, and retention; and suggests recommendations for evaluating teaching effectiveness in fair and responsible ways. Law schools should lead the change in this discriminatory higher education practice because they are institutions dedicated to social justice and to training leaders who will drive social change in the legal system, government, business, media, and philanthropy.
Tuesday, October 1, 2019
Melissa Breger, Margery Holman & Michelle Guerrero, Re-Norming Sport for Inclusivity: How the Sport Community Has the Potential to Change a Toxic Culture of Harassment and Abuse"
Journal of Clinical Sport Psychology, 2019, 13, 274–289.
Traditional sport norms and gender-based biases that are prevalent in the sport environment, both explicit and implicit, have contributed to a culture where sexual harassment and abuse is commonplace. This article examines how sport tolerates the development of this culture, and more importantly, how practices and policies can be utilized to transform sport’s culture to one that is inclusive and safe. Reform is needed in attitudes and norms towards gender bias and sexual violence that primarily, but not exclusively, targets girls and women in sport and is perpetrated by boys and men. The application of various theories from psychology is recommended as one strategy to rid sport of both a culture of misogyny and of those who resist change to achieve this objective.
Monday, September 30, 2019
SCOTUS to Consider Question of whether Sexual Orientation and Gender Identity are Protected by Title VII
Lots of writing and thinking about the upcoming Supreme Court cases to be heard on Oct. 8 on whether Title VII's "because of sex" extends to sexual orientation and/or gender identity. The consolidated cases are, from SCOTUSblog:
Bostock v. Clayton County, Georgia, No. 17-1618 [Arg: 10.8.2019]
R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission, No. 18-107 [Arg: 10.8.2019]
|Altitude Express Inc. v. Zarda, No. 17-1623 [Arg: 10.8.2019]
Issue(s): Whether the prohibition in Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1), against employment discrimination “because of . . . sex” encompasses discrimination based on an individual’s sexual orientation.
Some of the analysis includes:
Andrew Koppelman, LGBT Discrimination and the Subtractive Moves
The Supreme Court will shortly consider whether Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination in employment, covers discrimination on the basis of sexual orientation and gender identity. The lower courts are split on whether such protection is granted by the plain language of the statute. The judges who reject the discrimination claim argue that the statute does not prohibit activity that is explicitly within its scope, and which is part of the mischief that the statute aims to remedy. Their subtractive strategy, an innovation in statutory interpretation, comprises a number of different argumentative moves, with a common aim: to draw upon the cultural context at the time of enactment to avoid an unwelcome implication of a statute’s plain language. This strategy however maximizes judicial discretion and betrays the promise of textualism.
In a pair of cases that’ll be argued on October 8th—Bostock v. Clayton County, Georgia, No. 17-1618, and Altitude Express, Inc. v. Zarda, No. 17-1623—the Supreme Court will consider whether the provision in Title VII of the Civil Rights Act of 1964 making it unlawful for a covered employer to “discriminate against” an employee “because of such individual’s . . . sex” prohibits that employer from firing an employee because he’s a gay man.
The defendant employers and the Solicitor General recently filed their briefs arguing that there’s no Title VII liability in these cases. Those briefs frame the issue in a particular, familiar way: They assume that the Court’s decision depends upon whether it would violate Title VII for an employer to implement a policy that categorically excludes all persons with same-sex orientation, gay men and lesbians alike, from the workforce—as though the cases involve what a couple of court of appeals judges (Judge Lynch in the Second Circuit and Judge Sykes in the Seventh Circuit) described as employers who “insist that [their] employees match the dominant sexual orientation regardless of their sex” and therefore hire “only heterosexual employees.”As I’ll explain in Parts IV and V of this post, I think such a categorical “heterosexuals only need apply” policy would violate Title VII, even if it equally affected gay men and lesbians alike. Before getting to that discussion, however, in Part III I explain why this common framing of the question—based on a hypothetical employer who believes that homosexuality as such is immoral and thus won’t employ gay men or lesbians—is not, in fact, the scenario raised by these cases or, indeed, by virtually any of the reported cases in which employees have alleged that they were fired because of their same-sex orientation. In Bostock and Zarda, for instance, if the supervisors in question did fire the plaintiffs (at least in part) because they were gay men--something the plaintiffs will have to establish--it's not at all obvious that they would have fired similarly situated lesbians, too. Indeed, both of the defendant employers in these cases, like almost all employers covered by Title VII, steadfastly insist that they don't have a policy or practice of hiring only heterosexuals—in part, no doubt, because such discrimination would be unlawful wholly apart from Title VII, but also because very few employers in the nation today would be willing to exclude all gay employees from their workforce: such a policy or open and notorious practice would be foolhardy, if not economically disastrous (not to mention morally odious) for almost employers.Once this crucial point is acknowledged—namely, that there’s no reason to believe these employers would have treated lesbian employees the way they (allegedly) treated the gay male plaintiffs—that ought to resolve the Title VII question, because both the Solicitor General and the defendants themselves concede that even if Congress didn’t intend to prohibit discrimination based upon sexual orientation, as such, it is a form of prohibited sex discrimination for a covered employer to treat a gay man less favorably than the employer would have treated a similarly situated lesbian (or vice versa).
The U.S. Equal Employment Opportunity Commission sued R.G. & G.R. Harris Funeral Homes on behalf of Stephens, arguing her former employer fired her because she is transgender, violating federal civil rights laws. The funeral home and its owner Thomas Rost, however have since argued that “maintaining a professional dress code that is not distracting to grieving families is an essential industry requirement that furthers their healing process.”
This dispute will play out before the U.S. Supreme Court on Oct. 8, where the justices will grapple with a broader question of whether gender identity should be protected under Title VII of the 1964 Civil Rights Act, which prohibits employers from discriminating against employees on the basis of sex, race, national origin, and religion. The divisive issue has been drawn into the national spotlight, and pits two federal agencies against each other.
The funeral home’s dress code argument, backed by the Justice Department, reveals a practical clash in the workplace that could be resolved when the high court issues its opinion. Whether these policies are permitted under Title VII already falls in a legal gray area, and has prompted challenges for decades and inspired some state action recently, specifically over hair or grooming policies.
Thursday, April 4, 2019
Over the past several years, toxic masculinity has become a catchall explanation for male violence and sexism. The appeal of the term, which distinguishes “toxic” traits such aggression and self-entitlement from “healthy” masculinity, has grown to the point where Gillette invoked it last month in a viral advertisement against bullying and sexual harassment. Around the same time, the American Psychological Association introduced new guidelines for therapists working with boys and men, warning that extreme forms of certain “traditional” masculine traits are linked to aggression, misogyny, and negative health outcomes.***
Masculinity can indeed be destructive. But both conservative and liberal stances on this issue commonly misunderstand how the term toxic masculinity functions. When people use it, they tend to diagnose the problem of masculine aggression and entitlement as a cultural or spiritual illness—something that has infected today’s men and leads them to reproachable acts. But toxic masculinity itself is not a cause. Over the past 30 years, as the concept has morphed and changed, it has served more as a barometer for the gender politics of its day—and as an arrow toward the subtler, shifting causes of violence and sexism.
Despite the term’s recent popularity among feminists, toxic masculinity did not originate with the women’s movement. It was coined in the mythopoetic men’s movement of the 1980s and ’90s, motivated in part as a reaction to second-wave feminism. Through male-only workshops, wilderness retreats, and drumming circles, this movement promoted a masculine spirituality to rescue what it referred to as the “deep masculine”— a protective, “warrior” masculinity—from toxic masculinity. Men’s aggression and frustration was, according to the movement, the result of a society that feminized boys by denying them the necessary rites and rituals to realize their true selves as men.***
The question is: Where do these sexist attitudes come from? Are men and boys just the victims of cultural brainwashing into misogyny and aggression, requiring reeducation into the “right” beliefs? Or are these problems more deep-seated, and created by the myriad insecurities and contradictions of men’s lives under gender inequality? The problem with a crusade against toxic masculinity is that in targeting culture as the enemy, it risks overlooking the real-life conditions and forces that sustain culture
Friday, January 11, 2019
For the first time ever, APA is releasing guidelines to help psychologists work with men and boys.
At first blush, this may seem unnecessary. For decades, psychology focused on men (particularly white men), to the exclusion of all others. And men still dominate professionally and politically: As of 2018, 95.2 percent of chief operating officers at Fortune 500 companies were men. According to a 2017 analysis by Fortune, in 16 of the top companies, 80 percent of all high-ranking executives were male. Meanwhile, the 115th Congress, which began in 2017, was 81 percent male.
But something is amiss for men as well. Men commit 90 percent of homicides in the United States and represent 77 percent of homicide victims. They’re the demographic group most at risk of being victimized by violent crime. They are 3.5 times more likely than women to die by suicide, and their life expectancy is 4.9 years shorter than women’s. Boys are far more likely to be diagnosed with attention-deficit hyperactivity disorder than girls, and they face harsher punishments in school—especially boys of color.
APA’s new Guidelines for Psychological Practice With Boys and Men strive to recognize and address these problems in boys and men while remaining sensitive to the field’s androcentric past. Thirteen years in the making, they draw on more than 40 years of research showing that traditional masculinity is psychologically harmful and that socializing boys to suppress their emotions causes damage that echoes both inwardly and outwardly.
Monday, March 12, 2018
I'm pleased to announce the publication of the new book by my former co-editor here at the Gender & Law Prof Blog, John Kang.
John Kang, Oliver Wendell Holmes and Fixations of Manliness (Routledge 2018)
Oliver Wendell Holmes, Jr. has been, and continues to be, praised as America’s greatest judge and he is widely considered to have done more than anyone else to breathe life into the Constitution’s right of free speech, probably the most crucial right for democracy. One indeed finds among professors of constitutional law and federal judges the widespread belief that the scope of the First Amendment owes much of its incredible expansion over the last sixty years to Holmes’s judicial dissents in Abrams and Gitlow.
In this book, John M. Kang offers the novel thesis that Holmes’s dissenting opinions in Abrams and Gitlow drew in part from a normative worldview structured by an idiosyncratic manliness, a manliness which was itself rooted in physical courage. In making this argument, Kang seeks to show how Holmes’s justification for the right of speech was a bid to proffer a philosophical commentary about the demands of democracy.
He previewed part of the book in a prior article, John Kang, "The Solider and the Imbecile": How Holmes' Manliness Fated Carrie Buck, 47 Akron L. Rev. 1055 (2014)
Tuesday, February 20, 2018
Data shows gun violence is disproportionately a male problem. Of the 97 mass shootings in which three or more victims died since 1982, only three were committed by women (one of those being the San Bernardino attack in which a man also participated), according to a database from the liberal-leaning news outlet Mother Jones. Men also accounted for 86% of gun deaths in the United States, according to an analysis by the non-partisan non-profit Kaiser Family Foundation.
Monday, November 16, 2015
From a NYT Op-Ed:
SO far the gender revolution has been a one-sided effort. Women have entered previously male precincts of economic and political life, and for the most part they have succeeded. They can lead companies, fly fighter jets, even run for president.
But along the way something crucial has been left out. We have not pushed hard enough to put men in traditionally female roles — that is where our priority should lie now. This is not just about gender equality. The stakes are even higher. The jobs that many men used to do are gone or going fast, and families need two engaged parents to share the task of raising children.
As painful as it may be, men need to adapt to what a modern economy and family life demand. There has been progress in recent years, but it hasn’t been equal to the depth and urgency of the transformation we’re undergoing. The old economy and the old model of masculinity are obsolete. Women have learned to become more like men. Now men need to learn to become more like women.
Sunday, November 1, 2015
Boys are falling behind. They graduate from high school and attend college at lower rates than girls and are more likely to get in trouble, which can hurt them when they enter the job market. This gender gap exists across the United States, but it is far bigger for poor people and for black people. As society becomes more unequal, it seems, it hurts boys more.
Friday, September 25, 2015
For decades, work-life balance at law firms has been a women’s issue—something for working moms to sort out. But there are a growing number of new firms built on flexible schedules that are now attracting men, and slowly shifting the definition of a successful legal career. Though the partner office is still the prototypical legal-career status symbol, the prerequisites of long hours and 24-7 availability are inconsistent with the emphasis many men put on time away from the office.
“Young men today have different values, different aspirations than their fathers,” says Stewart Friedman, a Wharton Practice professor of management and director of the Wharton Work/Life Integration Project. “They want to be available both psychologically and physically for children.” At some of the most competitive white-collar workplaces, such as Netflix and Microsoft, these shifts have led to expanded parental-leave policies.
Wednesday, September 9, 2015
It's unlikely — unless you work in law — that you've ever heard of the Unruh Civil Rights Act. It's a California state law that says that no matter someone's "sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, or sexual orientation," they are entitled to equal "accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever." The law was enacted in 1959 by Jesse M. Unruh in order to protect minority groups from being discriminated against. But of late, men's-rights activists have been using it against women-run companies to claim they've been on the receiving end of discrimination.
Alyssa Bereznak at Yahoo News delved into the world of MRAs lodging lawsuits against women in California whose businesses and events they claimed had excluded their "minority group," a.k.a. men. It is absolutely terrifying to read: By using this 1950s law meant to protect women, men are winning discrimination lawsuits that have the potential to bankrupt entire small companies.
Wednesday, August 26, 2015
Are businesses that cater to women inherently anti-male?
Entrepreneur Stephanie Burns would say no. Burns runs Chic CEO, a startup that hosts networking events and provides online resources for female entrepreneurs.
But three men's rights activists didn't see her services as benevolent. They sued her for being denied entry to an event in San Diego.
The lawsuit cites a California law called the Unruh Civil Rights Act,enacted in 1959, which prohibits businesses from discriminating based on factors such as sex, race, religion and disabilities.
Burns told CNNMoney that men are allowed to attend her events, but that particular one was at capacity. But Chic CEO's promotional materials -- which all catered to women -- were fuel for the lawsuit. The event was described as a "fun, relaxed environment to meet up with entrepreneurs, mompreneurs, CEOs, directors, savvy business women."
Monday, August 24, 2015
The book was published in 2013, but I recently discovered it, and read it.
Marc Maron--the guy who interviewed Obama from his garage in L.A.--is a comedian and actor. He is also a smart social critic, and his book Attempting Normal is terrific.
True, the book is often puerile, vulgar and some sections (like his somewhat pointless digression about trying to herd feral cats) don't work. But overall, the book contains nuggets of insight about manliness and, seldom found in academic writing, Maron renders his observations with poignant wit and unforgettable humor.
Manliness--at least Maron's manliness--is destructive and self-destructive; it aspires for nobility but is frequently crippled by paranoia; it yearns to be tough but always circles back to its vulnerabilities; it desires love from women but is consumed by a relentless narcissism. It is also highly self-conscious and acutely cognizant of its flaws, and is willing to share those flaws with the reader.
There's an interview with Maron on the Good Men Project today.
Friday, August 21, 2015
Two women recently passed the arduous tests of the US Army's Ranger School. But they aren't quite Rangers, according to the Army:
Even though they have earned the right to wear the “Ranger” tab on their uniforms, Griest and Haver aren’t allowed to join the 75th Ranger Regiment, a Special Operations unit. But their Ranger training, the Army said, dramatically improves their chances of being promoted.
Griest and Haver were held to the same standards as the men who are graduating with them, senior military leaders told reporters in a briefing here Thursday.
“Our standards have been met,” said Command Sgt. Maj. Curtis Arnold, the senior noncommissioned officer in charge at the Airborne and Ranger Training Brigade. “We didn’t have to change our standards.
“These two soldiers have proven that — regardless of gender — those standards can be met,” he continued. “Everything is training-based in the Army. If you train hard enough and you prepare well enough, you are going to do well.”
Monday, August 17, 2015
Jane says she was raped by three men wearing Gurkha uniforms. She was herding her husband’s goats and sheep, and carrying firewood, when she was attacked. “I felt so ashamed and could not talk about it to other people. They did terrible things to me,” says Jane, her eyes alive with pain.
She is 38 but looks considerably older. She shows me a deep scar on her leg where she was cut by stones when she was pushed to the ground. In a quiet, hesitant voice she continues her story. “I eventually told my husband’s mother that I was sick, because I had to explain the injuries and my depression. I was given traditional medicine, but it did not help. When she told my husband [about the rape], he beat me with a cane. So I disappeared and came here with my children.”
Jane is a resident of Umoja, a village in the grasslands of Samburu, in northernKenya, surrounded by a fence of thorns. I arrive in the village at the hottest time of the day, when the children are sleeping. Goats and chickens wander around, avoiding the bamboo mats on which women sit making jewellery to sell to tourists, their fingers working quickly as they talk and laugh with each other. There are clothes drying in the midday sun on top of the huts made from cow dung, bamboo and twigs. The silence is broken by birdsong, shrill, sudden and glorious. It is a typical Samburu village except for one thing: no men live here.
Thursday, August 13, 2015
Here in America, at the beginning of the twenty-first century, sexism is very much on the wane, but misogyny is not. Sexism—the conviction that women don’t deserve equal pay, political rights, or access to education—can be combatted by argument, by anti-discrimination laws, and by giving women the opportunity to prove their ability. Misogyny is not amenable to such advances; they can in some circumstances exacerbate it, though they may drive it underground. An example of misogyny is when someone online threatens to rape and mutilate a woman whose opinions that person does not like. Another is when a Presidential candidate says of a female journalist whose questions he finds impertinent, “There was blood coming out of her eyes, blood coming out of her—wherever.”
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.”
Friday, August 7, 2015
Donald Trump's unforgettable performance in the GOP debate last night is now well publicized.
Among the several provocative comments he uttered, one is especially noteworthy. During an exchange with Megyn Kelly of Fox News, who had asked him to respond to charges that he was a misogynist, he snapped at her and made a vague threat.
Today's WaPo contains some discussion about Trump's views on women.
“I don’t know why, but I seem to bring out either the best or worst in women.”
So wrote Donald Trump in his 1997 book, “Trump: The Art of the Comeback.”At the time, the real-estate billionaire was dealing with the end of his second marriage, so a little bitterness might be expected. Yet, throughout Trump’s books — particularly in his three memoirs, “Trump: The Art of the Deal”(1987), “Trump: Surviving at the Top” (1990) and “The Art of the Comeback” — he writes at length on his personal relationships, his experiences with women in marriage and in the workplace, even his dating life.
A memorable excerpt from the WaPo piece, quoting The Donald:
“Women have one of the great acts of all time. The smart ones act very feminine and needy, but inside they are real killers. The person who came up with the expression ‘the weaker sex’ was either very naive or had to be kidding. I have seen women manipulate men with just a twitch of their eye — or perhaps another body part.” (“Trump: The Art of the Comeback”)