Tuesday, January 4, 2022

New Beginnings: A Feminist Evaluation of Gendered Stigma in the Modern Legal Profession

New Beginnings: A Feminist Evaluation of Gendered Stigma in the Modern Legal Profession

By: Amanda M. Fisher

Published in: Rutgers Journal of Law and Public Policy, Volume 19:1

The modern woman lawyer faces many of the same challenges that women in law faced during their earliest entry into the profession. While circumstances have certainly improved for women in law, gendered stigma is still prevalent in the profession. In this article, “gendered stigma” refers to circumstances resulting from one’s gender as a salient feature of their work, serving to discredit one’s abilities and accomplishments. Women began to enter the legal profession in large numbers in the 1970s, gaining attention as they did so. Although early research on women in the law focused on blatant discrimination, that type of discrimination is fortunately less common now. Much of the modern research addressing women’s status in the legal profession, however, focuses on the quantitative evidence, like the number of women in the profession and their salaries as compared to men. Numerical evidence does show progress, but qualitative evidence reveals that the gender-driven experiences of women new to the profession are eerily similar to those of women who have long retired from the profession. This belies the assumption that simply improving numbers, e.g., having more women in the profession, would solve the disparities between men and women who practice law. This article relies on identity theory and stigma to inform the cycle of gendered stigma prevalent in the legal profession to critically examine basic tenets of the profession that must change for progress to flourish. This theoretical foundation can then inform practical solutions for mitigating the negative effects of gendered stigma on the profession and the individuals serving within it.

January 4, 2022 in Gender, Law schools, Masculinities, Theory, Women lawyers, Work/life, Workplace | Permalink | Comments (0)

Thursday, November 11, 2021

Veterans Day from a Gender & Law Perspective: Equality, Discrimination, Preferences, Family, Health, Assault, and the Draft

Here is an overview of some of the scholarship and current legal movements regarding gender, veterans, and the miltiary:

The Supreme Court's classic case upholding veterans' preferences despite their disparate impact against women. Personnel Administrator of Massachusetts v. Feeney, 442 U.S. 256 (1979).

United States v. Virginia (VMI), 518 U.S. 515 (1996) (Ginsburg, J.) (requiring state male-only military college to admit women equally to VMI)

US v. Briggs,  592 U.S. ___ (Dec. 10, 2020) (holding that military rape cases have no statute of limitations)

Gender & the Law Prof BlogSCOTUS Refuses to Hear Challenge to Male-Only Draft but 3 Justices Dissent (June 15, 2021)

Gender & the Law Prof Blog, Federal Judge Holds Male-Only Military Draft Violates Equal Protection (Feb. 26, 2019)

Gender & the Law Prof Blog, 9th Circuit Hears Challenge to Men Only Draft

Gender & the Law Prof Blog, Senate Overwhelming Votes to Require Women to Register for Draft (2016)

Gender & the Law Prof Blog, Justice Ginsburg's Legacy and the Draft Case

EEOC, Policy Guidance on Veterans' Preferences Under Title VII

Jamie Abrams, editor at the Gender & Law Prof blog, Examining Entrenched Masculinities Within the Republican Government Tradition,  114 West Va. L. Rev. (2011). 

Jamie Abrams & Nickole Durbin, Citizen Soldiers and the Foundational Fusion of Masculinity, Citizenship, and Military Service, 11 ConLawNOW 93 (2021). 

Jill Hasday, Fighting Women: The Military, Sex, and Extrajudicial Constitutional Change, 93 Minnesota L.Rev. 1 (2008).

Melissa Murray, Made With Men in Mind: The GI Bill and the Reinforcement of Gendered Work After World War II, in Feminist Legal History (Tracy Thomas & Tracey Jean Boisseau eds. 2012).

Congress' Deborah Sampson Act Signed Into Law (2021):  to improve the benefits and services provided by the Department of Veterans Affairs to women veterans, and for other purposes.

H.R. 2982, Women Veterans Health Care Accountability Act: To direct the Secretary of Veterans Affairs to conduct a study of the barriers for women veterans to health care from the Department of Veterans Affairs.

Gender & the Law Prof Blog, How to Reduce Discrimination in Veterans' Preferences Laws, featuring Craig Westergard, Questioning the Sacrosanct: How to Reduce Discrimination and Inefficiency in Veterans' Preference Law, 19 Seattle Journal for Social Justice 39 (2020)

Gender & the Law Prof Blog, Bills Introduced in Congress to Allow Professional Licenses of One State to be Valid in State to Which Military Spouse is Relocated  

Gender & the Law Prof Blog, Parental Right Issues in Military Academies Disproportionately Harms Women 

Gender & the Law Prof Blog, Study on Military Sexual Assaults Concludes that Rate of Assaults is Lower, Rate of Prosecution Higher, and Victims Report More Often than in Civilian Society (May 2021)

November 11, 2021 in Courts, Education, Equal Employment, Family, Healthcare, Masculinities, Work/life | Permalink | Comments (0)

Wednesday, October 27, 2021

Students Sue Texas School District over Bans on Boys Wearing Long Hair

Wash Post, A Texas School District Bans Boys from Wearing Long Hair. Now, Some Students are Suing.

School officials in Texas forced a 9-year-old boy to serve an in-school suspension for a month, deprived him of recess and normal lunch breaks, and banished him from campus to an alternative school — all to pressure the fourth-grader into getting a haircut, a new lawsuit says.

 

Still, the boy refused to obey what he believes is an unjust school policy that bans boys from having long hair.

The boy, identified as A.C. in court documents, is one of seven students suing a Texas school district for what they call a discriminatory policy that requires boys to wear short hair. The American Civil Liberties Union of Texas filed the federal lawsuit Thursday on the students’ behalf against the Magnolia Independent School District, which serves some 13,000 students about 40 miles northwest of Houston.

 

The students, aged 7 to 17, allege that the district’s policy prohibiting boys from wearing long hair is based on gender stereotypes that violate the Constitution. They say administrators apply it unevenly, allowing some boys to wear long hair that violates the district’s grooming standards while punishing others. Those suing the district said that punishment has caused them “immense and irreparable harm.”

October 27, 2021 in Constitutional, Education, Gender, Masculinities | Permalink | Comments (0)

Thursday, October 21, 2021

Study Shows Restricting Prosecutorial Discretion on Racial and Gender Disparities Reduced Gender Gap of Men Being More Likely than Women to Receive Sentence Enhancements

Andy Yuan & Spencer Cooper, Racial, Gender Disparities and Prosecutorial Discretion: Evidence from Blakely v. Washington 

We investigate the causal effects of restricting prosecutorial discretion on racial and gender disparities. Blakely v.Washington 542 U.S.296 (2004) exogenously introduced a significant constraint on North Carolina state prosecutors' discretion in seeking sentence enhancements by raising their burdens of proof from "preponderance of evidence" to "beyond a reasonable doubt." Through a regression discontinuity design, we find striking evidence that restricting prosecutorial discretion eliminated the entire preexisting gender gap of men being 28% more likely to receive sentence enhancements than women. However, we find no evidence suggesting a racial gap of sentence enhancements both pre and post Blakely.

October 21, 2021 in Gender, Masculinities, Race | Permalink | Comments (0)

Monday, October 4, 2021

Black Women Police Officers Allege an "Enterprise-Wide Culture of Race and Sex Discrimination"

A class of Black female police officers in Washington, D.C. has sued the Metropolitan Police Department (MPD) alleging an "enterprise-wide culture of race and sex discrimination and intense pervasive retaliation against those who dared to complaint about, report, or oppose unlawful discrimination." Every woman in the class has worked for MPD for years and has previously complained multiple times about race and sex discrimination.  The complaint alleges that: 

There are four fundamental characteristics of the MPD that this class action lawsuit seeks to change: 1) MPD has a male-dominated culture that accepts and perpetuates the most demeaning, degrading and disrespectful discourse and actions by and between officers; 2) MPD has a culture that nurtures and encourages supervisory and management officers to abuse their power to exact petty vengeance on subordinates and make their lives miserable; 3) MPD has a profoundly dysfunctional and corrupt EEO Office run by a man who has repeatedly expressed hostility to women officers, and who colludes with management to crush Black women who complain about race and gender discrimination and sexual harassment; and 4) MPD, with the full participation and/or approval of the Chiefs of Police, engages in repeated, coordinated and relentless retaliation campaigns against Black women officers who complain about or oppose discrimination, or other police misconduct. In combination, these four MPD characteristics create a profoundly toxic work environment for Black woman officers.

The 209-page complaint chronicles extensively the allegations against MPD and MPD's retaliatory responses. The plaintiffs seek compensatory damages, health care related to physical and emotional harms, reinstatement of terminated or retired officers, applicable back pay, revised performance records, reimbursement for leave associated with the discrimination, future damages, attorneys fees, and appropriate injunctive relief.  

October 4, 2021 in Equal Employment, Masculinities, Race, Workplace | Permalink | Comments (0)

Wednesday, September 15, 2021

Why Are So Many Young Men Giving Up on College?

The Atlantic, Colleges Have a Guy Problem: Why are so Many Young Men Giving Up on College?

American colleges and universities now enroll roughly six women for every four men. This is the largest female-male gender gap in the history of higher education, and it’s getting wider. Last year, U.S. colleges enrolled 1.5 million fewer students than five years ago, The Wall Street Journal recently reported. Men accounted for more than 70 percent of the decline.

 

The statistics are stunning. But education experts and historians aren’t remotely surprised. Women in the United States have earned more bachelor’s degrees than men every year since the mid-1980s—every year, in other words, that I’ve been alive. This particular gender gap hasn’t been breaking news for about 40 years. But the imbalance reveals a genuine shift in how men participate in education, the economy, and society. The world has changed dramatically, but the ideology of masculinity isn’t changing fast enough to keep up.

 

For decades, American women have been told that the path to independence and empowerment flows through school. Although they are still playing catch-up in the labor force, and leadership positions such as chief executive and senator are still dominated by men, women have barnstormed into colleges. That is the very definition of progress. In poorer countries, where women are broadly subjugated or otherwise lack access to regular schooling, girls enjoy no educational advantage whatsoever.

September 15, 2021 in Education, Masculinities | Permalink | Comments (0)

Friday, July 30, 2021

New Book: Jesus and John Wayne, How Patriarchy and Toxic Masculinity are Perpetuated by the Church

The author lets the research speak for itself as she explores the modern cultural manifestations of patriarchy, militant masculinity, and the church's role in sexism.

Wash Post, "Jesus and John Wayne": How a Book About Evangelicals Became a Best Seller

As journalists and academics tried to explain how evangelicals could bring themselves to vote for Trump, Du Mez argued that evangelical support was not a shocking aberration from their views but a culmination of evangelicals’ long-standing embrace of militant masculinity, presenting the man as protector and warrior.

“In 2016, many observers were stunned at evangelicals’ apparent betrayal of their own values,” Du Mez wrote. “In reality, evangelicals did not cast their vote despite their beliefs, but because of them.”***

Du Mez, who teaches at Calvin University in Grand Rapids, Mich., wrote that mainstream evangelical leaders such as John Piper, James Dobson and John Eldredge, preached a “mutually reinforcing vision of Christian masculinity — of patriarchy and submission, sex and power.”

“The militant Christian masculinity they practiced and preached did indelibly shape both family and nation,” Du Mez wrote.

July 30, 2021 in Books, Family, Gender, Masculinities, Pop Culture, Religion | Permalink | Comments (0)

Tuesday, July 20, 2021

New Book: A Psychoanalyst Explores Toxic Masculinity and Violence Against Women

NY Review of Books, Christine Smallwood, The Power of Questions, reviewing Jacqueline Rose's On Violence and On Violence Against Women

[M]ale violence against women....is a tool designed, as Jacqueline Rose writes in her new book, On Violence and On Violence Against Women, “to remind the girl or woman of what she is”—to gender her as female. For Rose ..., gender-based violence is not caused by sexual difference—neither attributes aggression to, for example, an excess of testosterone—rather it establishes the hierarchy of sexual difference. 

Rose would ... add that ... violence is not the expression of a power they have, but of power they lack. ... As Rose would put it, he hits her to shore up his “fraudulent authority.”

Psychoanalysis has a word for this behavior, and it is “narcissism.” “Narcissism starts with the belief that the whole world is at your feet, there solely for you to manipulate,” explains Rose.

What is “fraudulent” about the authority of Stanleys everywhere is that it is rooted in denial. Women can and do commit acts of violence. But male violence interests Rose because it expresses the fundamental psychoanalytic mechanism of shame, projection, and denial. Boys and men are taught that masculinity means an absurd omnipotence, mastery, comfort, and prowess. They fail—how could they not?—to live up to that ideal. Many cannot tolerate their own vulnerability, which is coded as weakness, so they project vulnerability onto others, usually women; having disowned and disavowed it, they then try to destroy the woman who has come to represent (or embody) that vulnerability, through harassment, abuse, assault, rape, bullying, blows. The state colludes with this psychological and social project in policies that limit reproductive freedom, cruelly degrade asylum-seekers, and refuse trans people self-determination, to name only a few examples.

Harassment and sexual abuse are not, therefore, “the unadulterated expression of male power and authority”; quite the opposite. Violence against women has a frantic quality; it is something that one can only resort to; it protests too much. Which is not to say that it doesn’t hurt to be hit. Fraudulent authority is often deadly.

Those who have read Rose’s previous books will be somewhat familiar with the contours of this analysis. On Violence and On Violence Against Women takes up a subject she has not covered before—the dynamic that has lately been termed “toxic masculinity”—but it does so according to a conceptual approach she has been refining for decades.

July 20, 2021 in Books, Masculinities, Theory, Violence Against Women | Permalink | Comments (0)

Tuesday, June 15, 2021

SCOTUS Denies Cert in Challenge to Male Only Draft, but 3 Justices Write Separately

National Coalition for Men v. Selective Service System, Denial of Cert (June 7, 2021)

The petition for a writ of certiorari is denied.

 

Statement of JUSTICE SOTOMAYOR, with whom JUSTICE BREYER and JUSTICE KAVANAUGH join, respecting the denial of certiorari.

 

The Fifth Amendment to the United States Constitution prohibits the Federal Government from discriminating on the basis of sex absent an “‘exceedingly persuasive justification.’” Sessions v. Morales-Santana (quoting United States v. Virginia); see Califano v. Westcott; Califano v. Goldfarb; Weinberger v. Wiesenfeld; Frontiero v. Richardson. Cf. Bolling v. Sharpe. The Military Selective Service Act requires men, and only men, however, to register for the draft upon turning 18. See 85 Stat. 353, 50 U. S. C. §3802(a). In Rostker v. Goldberg, 453 U. S. 57 (1981), this Court upheld the Act’s gender-based registration requirement against an equal protection challenge, citing the fact that women were “excluded from combat” roles and hence “would not be needed in the event of a draft.” 

 

The role of women in the military has changed dramatically since then. Beginning in 1991, thousands of women have served with distinction in a wide range of combat roles, from operating military aircraft and naval vessels to participating in boots-on-the-ground infantry missions. Women have passed the military’s demanding tests to become U. S. Army Rangers, Navy SEALs, and Green Berets.  As of 2015, there are no longer any positions in the United States Armed Forces closed to women. Petitioners ask the Court to overrule Rostker in light of these developments.

 

Petitioners, however, are not the only ones asking whether a male-only registration requirement can be reconciled with the role women can, and already do, play in the modern military. In 2016, Congress created the National Commission on Military, National, and Public Service (NCMNPS) and tasked it with studying whether Selective Service registration should be conducted “regardless of sex.” 

 

On March 25, 2020, the Commission released its final report, in which it recommended “eliminat[ing] male-only
registration.” Inspired to Serve: The Final Report of the [NCMNPS] 111. Among other things, the Commission
found that “[m]ale-only registration sends a message to women not only that they are not vital to the defense of the country but also that they are not expected to participate in defending it.” Just a few months ago, the Senate Armed Services Committee held a hearing on the report, where Chairman Jack Reed expressed his “hope” that
a gender-neutral registration requirement will be “incorporated into the next national defense bill.”

 

It remains to be seen, of course, whether Congress will end gender-based registration under the Military SelectiveService Act. But at least for now, the Court’s longstanding deference to Congress on matters of national defense and military affairs cautions against granting review while Congress actively weighs the issue. I agree with the Court’s decision to deny the petition for a writ of certiorari.

Vox, Justice Kavanaugh Hands Down Some Surprisingly Good News for Women's Equality

Justice Brett Kavanaugh just handed down a subtle but potentially very significant signal that he will protect at least some of the feminist victories won by Ruth Bader Ginsburg two decades before she joined the Supreme Court. Kavanaugh’s move does not mean that he is likely to tack left on questions like abortion, but it does suggest there are some limits to this Court’s willingness to toss out earlier victories by liberals.***

 

On Monday, the Supreme Court announced that it will not hear National Coalition for Men v. Selective Service System, a lawsuit challenging a federal law that requires men — and not women — to register for the draft when they turn 18.

 

That might seem like bad news to anyone hoping the court would apply gender nondiscrimination precedents to a new area. But the good news comes in a brief opinion that Justice Sonia Sotomayor wrote.

 

In it, she suggests that she believes that gender discrimination in the selective service program is unconstitutional — the main reason she’s not interested in taking up the case, she seems to say, is that Congress is considering legislation that could expand selective service registration to women.

 

Kavanaugh joined the opinion in full. And that opinion begins with a quote summarizing many of the Court’s gender equality decisions — the Constitution “prohibits the Federal Government from discriminating on the basis of sex absent an ‘exceedingly persuasive justification,’” Justice Sotomayor wrote in her opinion — followed by a long list of citations to the Court’s gender equality decisions.

 

So, in joining this opinion, Kavanaugh signaled that he agrees with Sotomayor, and with the gender equality decisions that Sotomayor cites.

 

That does not mean that these decisions are completely safe — on a 6-3 Court, Kavanaugh could be outvoted by the other five Republican appointees — but it is a hopeful sign for feminism. Kavanaugh is the Court’s median vote in most contentious cases, so it is unlikely that the Court will overrule a major line of precedents without his approval.

June 15, 2021 in Constitutional, Equal Employment, Judges, Legislation, Masculinities, SCOTUS | Permalink | Comments (0)

Thursday, May 27, 2021

New Books - The Tough Standard: The Hard Truth About Masculinity and Violence

Ronald Levant & Shana Pryor, The Tough Standard: The Hard Truth about Masculinity and Violence

Men are commonly expected to act “masculine” (e.g., unemotional, self-reliant, tough, dominant, and fixated on sex) while avoiding stereotypically “feminine” traits (e.g., emotional expressivity, empathy, compassion, and nurturance). Few, however, realize that these qualities—when taken to the extreme—can cause emotional constriction, substance abuse, depression, poor physical health, aggression, and violence in men. Further, even though most men are not violent, decades of research have shown that masculinity is directly and indirectly related to sexual and gun violence and men’s poorer health. Considering how girls and women have benefitted from conversations on how to navigate their gender in a changing world, similar processes are urgently needed for boys and men. The Tough Standard connects the dots between masculinity and the present moment in American culture (defined by high-profile movements such as #MeToo, #MarchForOurLives, and #BlackLivesMatter), synthesizes over four decades of research in the psychology of men and masculinities, and proposes solutions to corresponding social problems.

Table of Context

  • Masculinity and the Present Cultural Moment
  • Theories of Gender and How Masculinity Is Measured
  • Consequences of Masculinity
  • Summaries of Research on Masculinity’s Harmful Linkages
  • Masculinity’s Role in Gun and Other Physical Violence
  • Masculinity’s Role in Sexual Violence
  • Men’s Health and Experiences of Trauma
  • Many Masculinities
  • What Can Be Done?

 

May 27, 2021 in Books, Masculinities, Violence Against Women, Workplace | Permalink | Comments (0)

Thursday, May 6, 2021

Connecting the Nineteenth Amendment to Broader Conceptions of Citizenship and Masculinities

Jamie Abrams & Nickole Durbin, Citizen Soldiers and the Foundational Fusion of Masculinity, Citizenship, and Military Service, 11 ConLaw NOW 73 (2020)

Sarah Livingston Jay famously toasted revelers in 1783: “May all our citizens be soldiers, and all our soldiers citizens.” This toast conveyed “a foundational fusion” within our republican government tradition―coupling military service, citizenship, and masculinities. The Akron Law School’s conference on the 100th anniversary of the passage of the Nineteenth Amendment offered the chance to fight the eulogization of the Nineteenth Amendment and explore its modern relevance. This paper concludes that the Nineteenth Amendment cannot be understood without connecting it to broader conceptions of citizenship, masculinities, and military service, thus revealing its ongoing relevance to military inclusion and integration. In Professor Abrams’ prior article published in the West Virginia Law Review, the foundational fusion of military service, citizenship, and masculinities was presented and explored. We highlight the framework ofthat argument in the next section and invite readers to explore the full prior article.

May 6, 2021 in Constitutional, Legal History, Masculinities | Permalink | Comments (0)

Monday, April 12, 2021

Using Masculinities Theory for Change in Feminism and Law

Ann McGinley, Masculinities Theory as Impetus for Change in Feminism and Law, THE OXFORD HANDBOOK OF FEMINISM AND LAW IN THE UNITED STATES (Deborah L. Brake, Martha Chamallas & Verna L. Williams, eds.).

Feminist legal scholars have found much in the field of masculinities to enrich the feminist analysis of law. In drawing on and incorporating masculinities theories into legal feminism, feminist scholars have added their own insight into the meaning of “masculinities.” As Nancy Dowd, Nancy Levit, and Ann McGinley explain: “Masculinities” has multiple meanings. First, it is a structure that gives men as a group power over women as a group. Second it is a set of practices, designed to maintain group power, that are considered “masculine.” Third, it is the engagement in or “doing” of these masculine practices by men or women. Finally, the term refers to a body of theory and scholarship by gender experts in various fields of social science.

Although masculinities originated in fields outside of law, legal scholars have adopted insights raised by masculinities scholars, combined with those of feminist theory, queer theory, and critical race theory, to develop a legal theory of masculinities that proposes new legal interpretations and policies that better correspond to the lived experiences of persons of different genders, races, and classes. This chapter explores how masculinities research has influenced legal feminism in the U.S.

April 12, 2021 in Books, Masculinities, Theory | Permalink | Comments (0)

Tuesday, April 6, 2021

Hemingway, Women, and Gender

I had always hated Hemingway.  He was, after all, the classic misogynist. 

It seemed I was forced to read Hemingway every year in school.  Farewell to Arms, The Sun Also Rises, For Whom the Bell Tolls, The Snows of Kilimanjaro, The Old Man and the Sea.  I read them all, against my will.  To me they were boring stories about men.  The words were short, cold, and devoid of beauty or lyricism.  The topics were harsh and violent -- masculine topics of war, bullfighting, and big game hunting.  Moreover, the works were filled with hateful depictions of women. Women were crazy harpies, tempting devils, or dead mothers.  In Hemingway’s semi-autobiographical accounts, women were merely the women objects of antipathy, perhaps like the many wives that he continually traded in like cars.

So when I heard that PBS was featuring a new documentary series on Hemingway, I rolled my eyes and thought, “how tone deaf.”  How misguided to hear yet again about a privileged white man, and one who had already received his acclaim.  In this time of intense public debate of race and gender, in this time when so many women and people of color have not yet been recovered, why return to the same old story.  For indeed, I had not encountered even famous writers like Zora Huston Neale or Daphne du Maurier until my own independent reading, long after school.  But, like so many things that one dismisses, I discovered more complexity and nuance in Hemingway’s story, particular in the realm of gender.

The film reveals Hemingway not as a model of masculinity, but as a man battling with his own masculinity.  Understanding this as toxic masculinity, changed the narrative for me.  We learn of Hemingway’s Freudian early years with a mother who wrote him a rejection letter, and dressed him like a twin to his sister.  We then understand his early attraction to two older woman, maternal figures, one of whom becomes his first wife.  We see the author constrained by family demands--fighting for the time to write and feed his creative muse, diverted by screaming babies, marital demands, and unpaid bills until he can get alone, on the road or with his thoughts.  This is all juxtaposed against the raucous pull of the popular writing crowd, with their carousing and attention-seeking affairs.

The film also shows us a broader range of topics that occupied Hemingway’s mind beyond bulls, bullets, and booze.  One of his earliest stories, Up in Michigan, was about date rape.  A shocking story that barely saw the publishing light, writer Edna O’Brien explains as actually told from the woman’s perspective, which is why it was so powerful.  He wrote about abortion, suicide, STDs, childbirth, Caesarean sections, and death in childbirth – grim accounts of women (and men’s) reality.  A later work, published posthumously, engages with transgender and same-sex attraction.

The short words took on new meaning for me as well.  Rather than just a mimic of his journalism years, the short words were explained as a revolution in writing that left behind conventional indicators of writing prowess.  I discovered the beauty of the short form, in the repetition of the same words that function as the action itself, as when repeating words form the march of the soldiers.  Right, left, right, left, right, left.  Like lawyers learning the impact of plain, unaffected writing, I could now appreciate the power of the staccato, and what the film describes as musical. The film reveals these words slowly on the screen, literally showing us the beauty of the typed word as Jeff Daniels' voice-over reads aloud.

This all came together for me in the discussion of the short story, Hills Like White Elephants In this story, a man pressures his lover, “the girl,” to get an abortion.  Most of the story is the man controlling the conversation, working through various points to win the argument, eventually gaslighting his partner, claiming, “I only want what you want.” He is dismissive of the way in which the young woman sees the world, whether its her vision of the looming white elephants overshadowing their lives or the personal and relational consequences of the abortion.  Eventually, the young woman demands: "Would you please please please please please please please stop talking?" 

See also:

PBS, Video, Hemingway, Gender and Identity

NYT, They Are Giving Hemingway Another Look. So You Can Too.

Esquire, Ken Burns and Lynn Novick Reveal Ernest Hemingway's Private Fascination with Gender Fluidity

April 6, 2021 in Abortion, Books, Gender, Masculinities, Media, Pop Culture | Permalink | Comments (0)

Wednesday, October 7, 2020

Including Feminist Ethics in the Model Rules of Professional Conduct

Anietie Akpan, Examining the Model Rules of Professional Conduct to Include Women's Moral Experience and Feminist Ethics, 28 American J. Gender, Social Policy & Law 29 (2019)

[F]eminism is often dismissed, its core values minimized, and its unique interconnectedness to matters such as socioeconomics, education, and health policy fall on deaf ears.

 

The relationship between the female experience and the law is perhaps even more complex: for decades, men have comprised the majority of state and federal lawmakers, resulting in past legislation being completely uninformed of the complex and intersectional social, political, and economic needs of women.

 

Feminist jurisprudence, the nexus of feminism and the law, is a philosophy of law based on the equality of the sexes, beginning as a field of legal scholarship in the 1960s. The premise of this legal theory is that patriarchy infuses the legal system and all its workings, making the legal system inadequate in identifying gendered components of seemingly neutral laws and practices. Such practices affect for example, employment, reproductive rights, domestic violence, and sexual harassment.

 

This article purports that existing jurisprudence is "masculine" because it reflects the connection between  patriarchal laws and humanity. Masculine jurisprudence not only perpetuates the methods of lawmaking, but it infiltrates the mode of construction for the codes of professional conduct. Feminist jurisprudence seeks to remedy this matter by recognizing male power, calling for substantive changes necessary to bring gender equality, and encouraging consciousness-raising in the practice of law.

 

As with most "doctrines" governing behavior, the Model Rules of Professional Conduct are constructed with a male-oriented convention, rooted in "traditional" ethics completely uninformed of women's moral experience. The construction of traditional ethics is based on our social system being male-centered and therefore, not only have men devised all philosophical and moral thought,' but such thought is universally codified. Feminist
critique on traditional ethics examines components of moral conduct that male philosophers praise (i.e., rationality, partiality, universality) with components of moral conduct that are disparaged (i.e., community,
relationality, individuality).

 

October 7, 2020 in Masculinities, Theory, Women lawyers | Permalink | Comments (0)

Tuesday, September 8, 2020

Rape Without Women - The Legal History of Public Rape Narratives and the Reinforcement of Masculinity

Sharon Block, Rape Without Women: Print Culture and the Politicization of Rape, 1765-1815, 89 J. American History 849 (2002) [also available on JStor]

The first section of this article shows how Americans made the very personal sexual interaction of rape publicly palatable by removing women from its retelling. Stories of rape, then, could accomplish what the newly popularized stories of seduction could not: by emphasizing men's interactions with one another, rape stories could provide an unequivocal assignment of right and wrong, unencumbered by concern over women's sexual desires and acts. Focusing attention on men's protection of women's virtue allowed authors to minimize the thorny issue of women's role in promoting their own morality. The absence of women allowed narratives of rape to categorize competing visions of masculinity. Through this masculinized transformation, rape could be deployed in political battles.

 

In the second section, I examine the politicization of rape in revolutionary rhetoric. Rather than invoking rape as a symbol of general savagery or as simply the marker dividing honorable from dishonorable masculinities, revolutionary-era narratives increasingly presented rape as an explicitly political trope. By replacing women's experiences of their own bodies with men's experiences of witnessing the victimization of women, rape-related stories opposed upstanding American male citizenry to corrupt British rule. ***

 

In stories such as this, rape reiterated a transhistoric aspect of patriarchy that attached importance to rape as an assault against men. Feminists have often argued that women have been denied subjectivity in many historical discourses. And we might not be surprised by the elision of women in print; after all, women were rarely a common feature in public life, and scholars have begun to trace the specific problematics of women's public speech. By the second quarter of the eighteenth century, women had seen their often vocal roles in public court sessions decrease with the increasing formalization of the legal system. But unlike most topics, rape necessarily involved women, its very existence hinging on what the historian Cornelia Hughes Dayton has rightly called "woman's word"-her ability to put forward a believable accusation.

 

Yet even though women were necessarily present in the act of rape, printed stories eclipsed women's retellings of sexual attacks by suggesting that the ultimate victims were men. Instead of making men the physical victims (which might risk an unacceptable feminization of their bodies), stories of rape made men the emotional, economic, and social victims of the rape of their female dependents. Thus, the offense of rape was more than an attack on a man's property, as it had been conceptualized in early modern prosecutions for forcible marriage or heiress stealing. For eighteenth-and nineteenth-century Americans, the offense of rape was an attack on a man's patriarchal identity as the protector of his dependent women.

Sharon Block is the author of Colonial Complexions: Race and Bodies in Eighteenth-Century America (University of Pennsylvania Press, 2018) and Rape and Sexual Power in Early America (University of North Carolina Press, 2006). Her latest essay "Erasure, Misrepresentation and Confusion: Investigating JSTOR Topics on Women’s and Race Histories," Digital Humanities Quarterly (2020) exposes racism and sexism in a popular academic scholarly database.

h/t from Kimberly Hamlin's (Miami U) #MeToo Course

September 8, 2020 in Legal History, Masculinities, Media | Permalink | Comments (0)

Local Gender Norms by Geography as Significant Influences in Gender Equality

Local Gender Norms Across the US, Gender & Society blog

We wanted to learn more about whether gender norms varied across cities in the U.S. and if so, and what this means for gender equality. Although we often revel and delight at places’ unique cultural flair, does this local culture also contain  elements that convey different expectations for women and men? Our analysis and results are published in a recent Gender & Society article. We highlight our key findings below.

MAPPING LOCAL GENDER NORMS ACROSS THE U.S.

We measured local gender norms by focusing on the way they’re reflected in personal attitudes about gender (e.g. beliefs that women are better caregivers than men and beliefs about women’s suitability for politics) as well as revealed preferences behavior (e.g. age of mothers’ first birth and the segregation of college majors). Focusing on differences in these indicators across commuting zones, we found that cities and their surrounding areas (commuting zones)  fall into four general categories of gender norms:

  • Liberal-egalitarian areas have norms that convey values of gender equality. In these locations, women and men are expected to contribute equally to caregiving and are viewed as having similar skills and leadership qualities. Places with these norms include Burlington, VT, Honolulu, HI, San Francisco, CA, and Washington, DC.
  • Egalitarian-essentialist places have local norms that support women’s labor force participation and leadership, but where people hold  gender essentialist beliefs that women and men are inherently suited for different types of work. Areas with egalitarian-essentialist norms include Charlotte, NC, Milwaukee, WI, and Orlando, FL.
  • Traditional-breadwinner norms exist in places where people hold  beliefs that the ideal family is one where men work and women tend the home. In these areas, women and men are not viewed as essentially different, but instead expected to hold different responsibilities. Places with these norms include Knoxville, TN and Tulsa, OK.
  • Traditional-essentialist locations are places where people believe in the essential difference between women and men with norms that women should focus primarily on family responsibilities. Places with these norms include Little Rock, AR, Charleston, WV, and Midland, TX.

***We found greater evidence that people are influenced by the gender norms where they reside rather than their personal characteristics, particularly if they live a city with traditional-breadwinner or traditional-essentialist norms. In those traditional places, even residents with a college degree, who tend to show more support for gender equality, were much more likely to oppose women’s leadership and feel that men should be earners and women caregivers than college graduates who lived in more egalitarian environments. Residing in a place with traditional norms appears to cause those who would otherwise support gender equality to, instead, endorse more conventional beliefs about women’s leadership and the gendered division of labor.

September 8, 2020 in Family, Gender, Masculinities, Theory | Permalink | Comments (0)

Monday, August 17, 2020

New Book: Entitled--How Male Privilege Hurts Women

 

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.

 

August 17, 2020 in Books, Manliness, Masculinities, Theory | Permalink | Comments (0)

Monday, July 20, 2020

Giving Gender Discrimination a Meaningful Remedy: Rewriting Justice Ginsburg's Opinion in Morales-Santana

I have just published: Tracy Thomas, Rewriting Sessions v. Morales-Santana, in Feminist Judgments: Family Law Opinions Rewritten (Rachel Rebouche ed., July 2020)

In Sessions v. Morales-Santana, 137 S. Ct. 1678 (2017), the Supreme Court in an opinion by Justice Ginsburg struck down a citizenship law that discriminated against children born abroad to US citizens based on whether the citizen was their father or their mother.  The opinion was widely held to be a model of equal protection analysis, documenting the legal history of the Court's gender equal protection law and recognizing the masculinity side of gender discrimination against men.  

However, the opinion was problematic for its refusal to order a meaningful remedy for the petitioner.  The Court did not grant the discrimination victim relief, but instead ordered the government to adopt formally equal rules going forward, and that those rules should be the more stringent rule for fathers. The Court was focused on restraining the government rather than redressing the individual's harm.

I have written about the remedial problem of so-called leveling down unequal treatment to deny the benefit.  Tracy Thomas, Leveling Down Gender Equality,  Harvard J. Law & Gender (2019).

In this book chapter, I apply these criticisms to rewrite the Court's opinion to properly award a meaningful remedy as required by due process.  This book is part of the US Feminist Judgments Project rewriting key court decisions as if they had been informed by feminist theory. 

 

 

 

July 20, 2020 in Books, Constitutional, Family, Masculinities, SCOTUS | Permalink | Comments (0)

Wednesday, June 10, 2020

Women's Triple Bind in Corporate Culture That Valorizes Alpha Male Culture

Naomi Cahn, June Carbone & Nancy Levit, Women, Rule-Breaking, and The Triple Bind, 87 Geo. Wash L. Rev. 1105 (2019).

Two growing literatures critique Hobbesian corporate cultures. Management analyses document the way high-stakes/zero-sum bonus systems undermine, rather than enhance, productivity as they subvert teamwork, valorize self-interested behavior, and weaken ethical standards. This literature treats negative effects of such systems, including lawless and unethical behavior, as the unintended consequences of efforts to shake up complacent institutions or replace an insular old guard with an ambitious and meritocratic new workforce. A second, darker literature terms such Hobbesian environments “masculinities contests” that select for those executives who best exemplify masculine traits such as a single-minded focus on professional success, physical strength, and the willingness to engage in no-holds-barred competition. This literature treats the rule-breaking environment that results as an incidental byproduct of the way that such cultures valorize masculine traits. Drawing on insights from criminology, psychology, and feminist theory, this Article suggests another possibility: that certain management cultures intentionally design the competitions to facilitate breaking the rules with impunity.

In a Hobbesian world, where some profit handsomely from defying convention, zero-sum competitions play a role that extends beyond valorizing alpha males. They select for leaders who will lie, shortchange their families, and break the law to get results—and do so without explicit orders that might subject upper management to accountability for the practices. In such a world, women fall behind not necessarily because of misogyny, though such environments often breed it. Instead, they lose because of a triple bind. First, women cannot prevail in such competitions unless they can outmaneuver men, credibly display greater devotion to the job, or more brazenly flout the laws. Second, they are disproportionately disliked and punished for displaying the self-centered, rule-breaking behavior of men. Third, women become less likely to seek positions because they correctly perceive that they could not thrive and are more likely than men to decide they do not wish to do so on such terms, reinforcing the male-identified character of such environments. Where these companies’ business models depend not just on the ability to upend traditional practices, but to break the law, the companies cannot address gender disparities without addressing the business model itself. The Article concludes that gender inequality is intrinsically intertwined with the evisceration of the rule of law in corporate America.

June 10, 2020 in Business, Masculinities, Workplace | Permalink | Comments (0)

Wednesday, May 20, 2020

Papers from the Feminist Legal Theory Research Network at Next Week's Law & Society Association Virtual Meeting

I am probably one of the few people in the world who is thrilled that the Law & Society Annual Conference is virtual -- since I will now be able to attend.  In general virtual conferences open up access to some barriers to participation due to finances,  travel, family, disability, and health issues.

You can register for the virtual conference here at the Law & Society Association website.  

Scheduled papers to be presented from the Feminist Legal Theory Research Network:

 

Time

Title

Type

Wed, 5/27
1:00 PM - 2:45 PM

#MeToo: The Narrative of Resistance Meets the Rule of Law

Plenary Session 

Thu, 5/28
11:00 AM - 12:45 PM

Moving Rules: Struggles for Reproductive Justice on Uneven Terrain

Paper Session 

Thu, 5/28
11:00 AM - 12:45 PM

Sexual Harassment: Victims and Survivors

Paper Session 

Thu, 5/28
1:00 PM - 2:00 PM

CRN07: Feminist Legal Theory Business Meeting

Business Meeting 

Thu, 5/28
2:15 PM - 4:00 PM

Families, Laws, and Institutions

Paper Session 

Thu, 5/28
2:15 PM - 4:00 PM

The State and Violence: New Proposals for Stopping the Cycle

Paper Session 

Fri, 5/29
11:00 AM - 12:45 PM

Normativity in Men, Women, and Bodies

Paper Session 

Fri, 5/29
11:00 AM - 12:45 PM

The Politicization of Safety: Critical Perspectives on Domestic Violence Responses

Roundtable Session 

Fri, 5/29
1:00 PM - 2:15 PM

Sexual Harassers, Sex Crimes, and Accountability

Paper Session 

Fri, 5/29
4:00 PM - 5:45 PM

Women's Rights in the Shadow of the Constitution

Paper Session 

Sat, 5/30
11:00 AM - 12:45 PM

Perspectives on Sex, Work and New Legal Orders

Paper Session 

Sat, 5/30
1:00 PM - 2:45 PM

Trans and Queer Life in Private and Public

Paper Session 

Sat, 5/30
4:00 PM - 5:45 PM

Human Rights in an Unequal World: Autonomy, Status, and Other Stories

Paper Session 

Sun, 5/31
11:00 AM - 12:45 PM

Feminist Legal Theory in a Public/Private World

Paper Session 

Sun, 5/31
11:00 AM - 12:45 PM

Laws of Social Reproduction

Paper Session 

Sun, 5/31
1:00 PM - 2:00 PM

Intimate Lies and the Law

Author Meets Reader (AMR) Session 

Sun, 5/31
2:15 PM - 4:00 PM

Feminist Judgments on Reproductive Justice and Family Law

Roundtable Session 

Sun, 5/31
2:15 PM - 4:00 PM

Women and Gender in Private, Public, and Places in Between: Old Doctrines Meet New Realities in the Twenty-First Century

Paper Session 

May 20, 2020 in Conferences, Constitutional, Equal Employment, Family, Masculinities, Reproductive Rights, Theory, Violence Against Women | Permalink | Comments (0)