Gender and the Law Prof Blog

Editor: Tracy A. Thomas
University of Akron School of Law

Tuesday, July 7, 2020

MeToo - What Next?

Deborah Rhode, #MeToo: Why Now? What Next?, Duke L. J. (2019)

This Essay explores the evolution, implications, and potential of #MeToo. It begins by reviewing the inadequacies of sexual harassment law and policies that have permitted continuing abuse and that prompted the outrage that erupted in 2017. Discussion then turns to the origins of the #MeToo movement and assesses the changes that it has propelled. Analysis centers on which changes are likely to last and the concerns of fairness and inclusion that they raise. A final section considers strategies for sustaining the positive momentum of the movement and directing its efforts toward fundamental reform.

July 7, 2020 in Equal Employment, Pop Culture, Workplace | Permalink | Comments (0)

Mount Rushmore will Temporarily Put Women on the Rocks

Wash Post, 19th Amendment Anniversary Celebration will Put Women on Mount Rushmore, Temporarily

In late August and early September, Korp’s project, “Look Up to Her,” will become one of a number of ways the Women’s Suffrage Centennial Commission will mark the anniversary, along with a commemorative coin and medal produced by the U.S. Mint and a virtual event at the Kennedy Center. She’ll project the images of 14 female leaders of the suffrage and civil rights movements on Mount Rushmore, including women who never themselves got the right to vote.

 
For two weeks, Abigail Adams, Sojourner Truth, Clara Barton, Harriet Tubman, Elizabeth Cady Stanton, Susan B. Anthony, Ida B. Wells, Alice Paul, Jeannette Rankin, Gladys Pyle, Mabel Ping-Hua Lee, Zitkala-Sa, Nellie Tayloe Ross and Rosa Parks will be projected in pairs flanking Mount Rushmore’s four presidents — George Washington, Thomas Jefferson, Abraham Lincoln and Theodore Roosevelt — in several-minute increments.

 

When the 19th Amendment was ratified on Aug. 18, 1920, it granted American women the right to vote after nearly a century of protest. But black women still faced significant barriers to casting ballots. Native American women were still not considered U.S. citizens. The Chinese Exclusion Act prevented Chinese immigrants from becoming U.S. citizens until 1943.

 

Korp says she intentionally chose to include women such as Truth, who was born a slave and died before she had the right to vote; Zitkala-Sa, a Native American who at the time was not a citizen under U.S. law; and Lee, a Chinese immigrant who fought for suffrage knowing it would not apply to her.

July 7, 2020 in Legal History, Pop Culture | Permalink | Comments (1)

Wednesday, May 27, 2020

The Strong Public Support for the ERA, Except for the Insurance Industry

Carrie Baker, Ms., Reports of the ERA's Death Have Been Greatly Exaggerated

This is the final installment in a six-part series examining the half-century fight to add women to the U.S. Constitution—and a game plan on where we go from here.

Get caught up:

But today, despite resistance from Republicans in Congress and from the Trump administration, public support for the ERA is currently sky-high: The American Bar Association’s (ABA) 2020 Survey of Civic Literacy showed that a wide majority of respondents—83 percent—believe the Equal Rights Amendment (ERA) should be ratified and incorporated into the U.S. Constitution. Only 8 percent opposed.

“That’s a powerful statement about what the public believes in,” said ABA president Judy Perry Martinez, for it “tells us is that Americans believe in equal rights for women and they know that until those words are in our Constitution, those equal rights will not in fact be believed and achieved by all.”

But, just like in the initial push for the ERA in the 1970s, opposition from business interests, especially the insurance industry, are ERA enemy number one.

“‘Women’s equality’ is not just words,” Smeal says. “It means real things, especially in the area of money. It means you have to stop discriminating against women in employment and in annuities, life insurance and health insurance. It involves billions and billions of dollars.”

Of course, earlier this year, under the leadership of Speaker Nancy Pelosi (D-Calif.), the House of Representatives voted to remove the arbitrary time line for the ERA with a bipartisan 232–183 vote.

“With this resolution, we take a giant step toward equality for women, progress for families and a stronger America—because we know when women succeed, America succeeds,” Pelosi said at a press conference ahead of the vote.

Meaning this fall, all eyes will be on the Senate.

May 27, 2020 in Constitutional, Legal History, Pop Culture | Permalink | Comments (0)

What I'm Watching Today at Law & Society on Gender & the Law

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

May 27 - 01:00 PM - 02:45 PM
Plenary Session

The purpose of the panel is to explore the contemporary cultural, political, social, and legal space that #MeToo occupies, including its limitations and possibilities. Participants will also compare the #MeToo movement to other popular social movements like #BlackLivesMatter, drawing parallels and convergences, and engaging with some of the controversies that have accompanied #MeToo.

Moderator(s)

Julie Suk, The Graduate Center, CUNY



Chair(s)

Penelope Andrews, New York Law School



Participant(s)

Brenda Cossman, University of Toronto

Farnush Ghadery, King's College

Teri McMurtry Chubb, Mercer University School of Law

Ruthann Robson, City University of New York (CUNY School of Law)

May 27, 2020 in Conferences, Pop Culture, Workplace | Permalink | Comments (0)

Friday, May 22, 2020

Why This Recession is a "She-cession"

NYT, Why Some Women Call This Recession a "Shecession"

The unemployment numbers released on Friday confirmed what we had all anticipated: The economic crisis brought on by the coronavirus pandemic is staggering, or as one research analyst at Bank of America put it to The Times, “literally off the charts.”

 

The scale of the crisis is unlike anything since the Great Depression. And for the first time in decades, this crisis has a predominantly nonwhite, female face.

 

“I think we should go ahead and call this a ‘shecession,’” said C. Nicole Mason, president and chief executive of the Institute for Women’s Policy Research, in a nod to the 2008 recession that came to be known as the “mancession” because more men were affected.

 

Women accounted for 55 percent of the 20.5 million jobs lost in April, according to the Bureau of Labor Statistics, raising the unemployment rate for adult women to about 15 percent from 3.1 percent in February. In comparison, the unemployment rate for adult men was 13 percent.

 
Women of color fared worse, with unemployment rates for black women at 16.4 percent and Hispanic women at 20.2 percent.
 
 
According to an analysis by the National Women’s Law Center, this is the first time since 1948 that the female
unemployment rate has reached double digits.
 

The April jobs represent an abrupt, disappointing reversal from a major milestone in December, when women held more payroll jobs than men for the first time in about a decade.

 

The biggest reason for these losses is that the industries hardest hit by the pandemic — leisure, hospitality, education and even some parts of health care — are “disproportionately nonwhite and female,” said Diane Lim, senior adviser for the Penn Wharton Budget Model, a nonpartisan research initiative.

May 22, 2020 in Business, Equal Employment, Pop Culture | Permalink | Comments (0)

"Jane Roe" from Roe v. Wade Retracts Anti-Abortion Conversion in Posthumous Documentary, "AKA Jane Roe"

Michelle Goldberg, Jane Roe's Pro-Life Conversion Was a Con

It was a cultural coup for the right when McCorvey publicly turned against legal abortion. Jane Roe rejecting Roe v. Wade was something abortion opponents could throw in the faces of pro-choice activists. So it is a bombshell that McCorvey has revealed, in the posthumous new documentary “AKA Jane Roe,” that it was, at least in some sense, an act. “I am a good actress,” she said.

 

The movie, which debuts on Friday on FX, also makes clear that anti-abortion leaders understood this. They’ve been perpetrating a scam on us all for 25 years.

 
In the documentary’s final 20 minutes, McCorvey, who died of heart failure in 2017, gives what she calls her “deathbed confession.” She and the pro-life movement, she said, were using each other: “I took their money, and they put me out in front of the cameras and told me what to say, and that’s what I’d say.”
 

In her career as a pro-life icon, she collected nearly half a million dollars. But at the end of her life, she once again affirmed a belief in the right to abortion, and evinced pride in Roe v. Wade. “Roe isn’t going anywhere,” she said early on election night in 2016, when she thought Hillary Clinton was going to win. “They can try, but it’s not happening, baby.”***

 

Given the political damage done by her cynical about-face, it’s surprising how sympathetic McCorvey — campy, foul-mouthed and irreverent — comes off. She was a lost soul from a traumatic background. Her father was absent and her mother beat her, and she ended up in reform school after running away from home at 10. She entered an abusive marriage at 16, became addicted to drugs and alcohol, and lost custody of her first child.

 
As she’s told the story, she signed up as the plaintiff in Roe v. Wade not because she wanted to make history but because she was desperate for an abortion. She never got one: By the time the case was decided, she’d given birth and put the baby up for adoption.

 

Later, McCorvey resented not being given a more prominent role as a pro-choice activist. The movement found her embarrassing, especially when, in 1987, she admitted that she’d lied when she’d said the pregnancy at the heart of Roe was a result of rape.***

 

“She was not the poster girl that would have been helpful to the pro-choice movement,” Charlotte Taft, a former director of the Abortion Care Network, says in the film. “However, an articulate, educated person could not have been the plaintiff in Roe v. Wade.” It was women like McCorvey — those without the resources to travel to pro-choice states — who endured forced childbirth in the years before Roe was decided. “People who are plaintiffs in cases are usually messy people,” said Kissling.

 

Many of the headlines about “AKA Jane Roe” have emphasized that McCorvey was paid to renounce abortion rights, but after watching it I don’t think it was all about money. McCorvey wanted respect and attention, to be honored and cherished. At times, people in the pro-choice movement tried to help her; for a while she was represented by the feminist superlawyer Gloria Allred. She made money giving speeches and selling the rights to her story, including for an Emmy-winning made-for-TV movie.

May 22, 2020 in Abortion, Constitutional, Pop Culture, Reproductive Rights | Permalink | Comments (0)

Monday, April 27, 2020

No Room of One's Own: Data Suggest Covid-19 is Negatively Impacting Women's, but not Men's, Research Productivity

Early Journal Submission Data Suggest COVID-19 is Tanking Women's Research Productivity

It was easy to foresee: within academe, female professors would bear the professional brunt of social distancing during COVID-19, in the form of decreased research productivity.

 

Now the evidence is starting to emerge. Editors of two journals say that they’re observing unusual, gendered patterns in submissions. In each case, women are losing out.

 

Editors of a third journal have said that overall submissions by women are up right now, but that solo-authored articles by women are down substantially.

 

In the most obvious example of the effects of social distancing carving into women's research time, Elizabeth Hannon, deputy editor of the British Journal for the Philosophy of Sciencewrote on Twitter that she’d received “negligible” submissions from women within the last month. “Never seen anything like it,” she added***

 

This doesn’t mean that COVID-19 "hasn’t taken a toll on female authors, though," Dolan and Lawless wrote, as women submitted just eight of the 46 solo-authored papers during this time. That’s 17 percent, compared to 22 percent of solo-authored papers in the larger data set.

 

"As a percentage change, that’s substantial," the editors said. "Even if women’s overall submission rates are up, they seem to have less time to submit their own work than men do amid the crisis.”

 

The revelations generated much chatter, including from gender studies scholars and women in all fields who are desperately trying to balance teaching and otherwise working from home with increased caregiving responsibilities. Those responsibilities include all-day minding of children due to school and daycare closures, homeschooling, and the cooking and cleaning associated with having one’s family at home all day, every day. Women are also spending time checking in with friends, relatives and neighbors.***

 

 It’s not that men don’t help with all this, or that they’re not also individually overwhelmed by work and family life. But women already juggled more domestic and affective, or emotional, labor with their actual work prior to the pandemic.

 

Female academics, as a group, also struggled more with work-work balance, as well: numerous studies show they take on more service work than men and are less protective of their research time, to their detriment.

 

The coronavirus has simply exacerbated these inequities by stripping away what supports women had in place to walk this tightrope, including childcare.*** “My husband is working full-time at home, as am I, and what I’m finding is for men, there is more of an expectation that he can be working all the time than there is for me.”***

 

“Silence and concentration are pivotal for my thinking and teaching,” she wrote. “This means I have less time for writing scientific articles.”

 

While she and her colleagues know they’re lucky to be employed and healthy at this time, it still feels “as if I am my own subject” in some work-life balance study.

 

Minello also expressed concern about when the crisis is over, both parents and nonparents “will participate together in open competition for promotion and positions, parents and nonparents alike.”

 

Just like academic fathers, nonparents don’t have it easy right now -- no one does. But, again, there are well-documented challenges that academic mothers, in particular, face. Those challenges, together, have been dubbed the motherhood penalty. And they’re laid bare right now.

Women Academics Submitting Fewer Papers to Journals During Coronavirus

Six weeks into widespread self-quarantine, editors of academic journals have started noticing a trend: Women — who inevitably shoulder a greater share of family responsibilities — seem to be submitting fewer papers. This threatens to derail the careers of women in academia, says Leslie Gonzales, a professor of education administration at Michigan State University, who focuses on strategies for diversifying the academic field: When institutions are deciding who to grant tenure to, how will they evaluate a candidate’s accomplishments during coronavirus?

“We don’t want a committee to look at the outlier productivity of, say, a white hetero man with a spouse at home and say, ‘Well, this person managed it,’” says Gonzales. “We don’t want to make that our benchmark.”

April 27, 2020 in Family, Gender, Pop Culture, Scholarship, Workplace | Permalink | Comments (0)

Online Meetings Exacerbate Gender Inequities in the Workplace of Mansplaining and Interruptions

Mansplaining and Interruptions: Online Meetings Exacerbate Gender Inequities in the Workplace

Women across the nation are experiencing a unique side effect of coronavirus: their voices being drowned out.

 

Mita Mallick is the head of diversity and inclusion at Unilever, an international consumer goods company. In a recent interview with the New York Times, she said she was interrupted multiple times at a weekly virtual team meeting. 

 

“I’m interrupted, like, three times and then I try to speak again and then two other people are speaking at the same time interrupting each other,” said Mallick.

 

Mallick’s title of inclusion doesn’t mean anything if she can’t get a word in—and no, men are not facing similar problems. Studies show that, in meetings, men speak more often and dominate conversation. Their presence is seen as powerful and elite, while women are seen as incompetent.

 

Mallick’s experience is not unique—so much so that a popular term was coined to describe this phenomenon: mansplaining. “Mansplaining” describes a man oversimplifying common concepts to women in a degrading or condescending tone. Use it in a sentence? Women experience the act of mansplaining six times a week at work

 

Women and mansplaining have been together formally since Rebecca Solnit’s 2008 essay, “Men Who Explain Things,” when she coined the term (after a man tried to explain her own book to her)—but men’s condescending behavior towards women, specifically to feel more dominant in social settings, has been around for decades

 

Most recently, there was the slightest ounce of hope that the digital, remote workplace—forced by COVID-19 pandemic—would make the problem of mansplaining a little bit better. Perhaps the act of everyone behind a camera with buttons to push “mute” and “unmute” would civilize meetings and provide equal speaking time for all.

 

News flash: It didn’t. 

 

Deborah Tannen, a Georgetown University professor of linguistics and the author of eight books on women and men in the workplace, knew that Zoom conferencing and other forms of remote working wouldn’t change the problem and probably make mansplaining and male conversation domination worse.

 

In person, “women often feel that they don’t want to take up more space than necessary so they’ll often be more succinct,” said Tannen.

 

Online platforms allow men to mansplain, interrupt and dominate meetings more—and now more than ever before, women can’t get a word in.

 

While being succinct automatically makes our time on video shorter, men often take women’s ideas and run with it. It’s an ownership problem too.

In her research, Tannen found that many of the inequities in meetings can be boiled down to gender differences in conversation styles and conventions. That includes speaking time, the length of pauses between speakers, the frequency of questions and the amount of overlapping talk. More often than not, men and women differ on almost every one of those aspects, Tannen said, which leads to clashes and misunderstandings.

Men don’t just talk more—they talk louder. Not surprisingly, men who speak more and louder tend to be seen with more power and as such in dominant positions. Experts believe they enjoy the opportunity to explain things to women because they perceive it makes them seem smarter and in authority. 

 

“Whatever the motivation, women are less likely than men to have learned to blow their own horn,” according to Tannen, “and they are more likely than men to believe that if they do so, they won’t be liked.”

April 27, 2020 in Business, Pop Culture, Technology, Workplace | Permalink | Comments (1)

Friday, April 17, 2020

New Series "Mrs. America" Showcases Feminist Leaders and the 1970 Fight for the ERA, While Featuring Staunch Opponent, Phyllis Schlafly

NYT, "Mrs. America Review: The Voice of an ERA"

FX on Hulu’s breathtaking “Mrs. America,” from the “Mad Men” writer Dahvi Waller, picks up in 1971. . . . The story of the fight for and against the Equal Rights Amendment, it’s not a sequel, either literally or in format: It’s a nine-part series following real historical figures.***

 

Like “Mad Men,” “Mrs. America” finds a fresh angle on a much-observed age of revolution by focusing, first, on a counterrevolutionary: Phyllis Schlafly (Cate Blanchett), the cold warrior who, in Waller’s telling, seized on the culture war over women’s rights to raise her political profile and advance a broader conservative agenda.***

 

The insight of “Mrs. America,” in the punchy words of Representative Bella Abzug (Margo Martindale), is that Schlafly “is a goddamn feminist. She may be the most liberated woman in America.” She just chooses not to see herself that way.***

 

Parallel to Schlafly’s story is an ensemble series about the 1970s feminist movement. Its principals aren’t introduced until the end of the first episode: among them, Abzug, Gloria Steinem (Rose Byrne), Representative Shirley Chisholm (Uzo Aduba), Betty Friedan (Tracey Ullman) and some less-celebrated E.R.A. warriors, including the G.O.P. activist Jill Ruckelshaus (Elizabeth Banks).***

 

The decade-long fight that unfolds is epic and swaggering, bubbling with cultural ferment and bouncing along on a soul-laced soundtrack. There is an “Avengers Assemble” feeling here, both in the gathering of historical figures — a young Ruth Bader Ginsburg even appears, briefly — and the bumper crop of acting talent. Waller is producing feminism’s most ambitious crossover event, and she relishes it.***

 

While Schlafly is the driving force of the series — it is not, after all, called “Ms. America” — the show spotlights one character at a time. The third episode, about Chisholm’s 1972 run for the presidency, rings familiar not just in the story of an outsider fighting what she calls a “rigged” party machine, but in the intra-movement clashes over whether race and gender are equal priorities. (Chisholm, whom Aduba gives a fierce magnetism, gets this from black politicians, too, who see her more as a “women’s” candidate. “I don’t look black to you?” she asks.)

April 17, 2020 in Constitutional, Legal History, Pop Culture, Women lawyers | Permalink | Comments (0)

South Korean's New Women's Party Built on Feminist Ideals

The Guardian, South Korean's First Feminist Party Holds Out Hope of Election Miracle

Two years year after South Korea became the centre of Asia’s #MeToo movement, the country’s first feminist party is hoping to keep women’s issues on the political agenda by winning seats in Wednesday’s national assembly elections.

 

In a campaign dominated by the government’s response to the coronavirus epidemic, the newly formed Women’s party has warned that South Korea’s poor record on sexual discrimination and violence risked being overlooked.

 

Young women have shaken up the country’s political culture in recent years with high-profile campaigns targeting the country’s molka spy cam voyeurism epidemic, strict beauty standards and the decades-old ban on abortion.

 

Despite its economic power, technological prowess and the soaring global popularity of its pop music and cuisine, South Korea remains a deeply conservative, patriarchal society. It ranked 108th out of 153 on the World Economic Forum’s 2020 Global Gender Gap Index, while women comprise just 17% of MPs in the national assembly – well below the global average of about 25% - according to the Inter-Parliamentary Union.

 

Launched only last month to coincide with International Women’s Day, the Women’s party is expected to struggle to attract votes from the two main parties – President Moon Jae-in’s liberal Democratic party and the conservative United Future party – and their smaller allies, as it attempts to win four of the 47 seats being contested through proportional representation in the 300-seat assembly.

 

“The two biggest parties dominate the political scene, but many diverse voices need to be heard,” Kim Eun-joo, co-leader of the Women’s party, told the Guardian on the eve of the election. “We’re not a party for women to discuss a wide range of issues – we’re about improving the lives of women, and that’s why we only have a small number of campaign pledges.”

April 17, 2020 in International, Legislation, Pop Culture | Permalink | Comments (0)

Decoding MeToo Defenses

Charlotte Alexander, Sorry (Not Sorry): Decoding #MeToo Defenses, 99 Texas L. Rev. (forthcoming)  

This Article examines the text of over two hundred public statements issued by people accused of work-related sexual harassment and misconduct as a part of the #MeToo movement. Using both computational and manual text analytics approaches, the project constructs a typology of the statements' substantive content, including admissions, denials, defenses, and apologies; their emotional content, including anger, anxiety, and sadness; and their cognitive content, including authenticity and certainty. The project also tracks specific themes throughout the statements, including attacks on the accusers, references to changing workplace norms, addiction and mental health stories, and concerns about due process. Building on this descriptive picture, the Article uses the statements to assess the #MeToo movement's progress in holding individual perpetrators to account, and in achieving structural change.

April 17, 2020 in Equal Employment, Pop Culture | Permalink | Comments (0)

Monday, April 13, 2020

Study Shows Sexism had a Politically Consequential Effect in the 2016 Presidential Election

Ann Owen & Andrew Wei, Hostile Sexism and the 2016 Presidential Election 

We use Google Trends data over the 2004-2015 period to identify hostile sexism and examine its effect on support for Hillary Clinton in the 2016 general election. An area’s sexist search volume is a significant negative predictor of Clinton’s two-party vote share. Although we find no evidence that hostile sexism was more prevalent among conservative and less educated whites prior to the election, we do find evidence that it had a larger impact in areas with this demographic. We argue that demographic groups targeted by Trump may have been more receptive to his rhetoric. Our main contribution to the literature is showing that sexism had a politically consequential effect. We calculate that sexism cost Clinton 2.6 percentage points of her two-party vote share. In state-level simulations that are made possible by our use of Google Trends data, we show that Clinton would have won an additional 190 electoral college votes if every state had the same level of sexism as the least sexist state.

April 13, 2020 in Gender, Pop Culture | Permalink | Comments (0)

Thursday, April 2, 2020

CFP: Pandemics and the Constitution (Deadline 4/19)

Call for Papers

Pandemics and the Constitution

In response to the COVID-19 outbreak, governments have rapidly imposed restrictions on everyday life that would have seemed unthinkable only a few weeks ago. While as late as mid-March media was repeating the line that draconian measures to contain the virus like those taken in Wuhan, China, could not occur in the United States, Americans have very quickly adjusted to tight restrictions on daily life. Commentary about the constitutionality of coronavirus-related restrictions by legal scholars has just begun to appear in the popular media. Existing jurisprudence has been characterized as recognizing a “seemingly unlimited power to quarantine” on the parts of states.  Much of this legal precedent, however, is over a century old, predating many shifts in thinking in legal thinking and constitutional law on civil liberties, procedural due process, and the role of the federal government.

Because scholarship on this subject will be a vital guide to the public and legal community in the months ahead, ConLawNOW is seeking to publish, on an expedited timeline, a written symposium of short essays (preferably 5–10,000 words, about 10 published pages) on the constitutional boundaries of government response to pandemics.  Topics may include, but are not limited to, constitutional permissibility of restrictions on movement and travel, legitimacy of closing and limits on commerce, the proper scope of state power to act for the public health, constitutionality of the suspension of fundamental rights like abortion or gun rights, constitutional implications of delays in courts, trials, and juries, First Amendment parameters of restrictions on gatherings and religious services, permissibility of mandated medical testing, surveillance, and tracking, government ability to delay or cancel elections, and Eighth Amendment implications for inmates.

Submissions will be considered and published on a rolling basis.  Papers submitted prior to April 19 will receive priority consideration.  To submit, please email your manuscript to conlawjournal@uakron.edu.  Questions may be directed to conlawjournal@uakron.edu or editor David Belfiglio at dsb82@zips.uakron.edu.

 ConLawNOW is an online journal sponsored by the Congressionally-established Center for Constitutional Law and the Akron Law Review.   It is an open access journal, also indexed in Westlaw, Lexis, and Hein.

April 2, 2020 in Call for Papers, Constitutional, Healthcare, Pop Culture | Permalink | Comments (0)

Monday, March 30, 2020

During Coronavirus Shutdowns, Guns are Essential, Abortions are Not

Are Gun Stores "Essential" During Coronavirus Outbreak?

More than 200 million people in about half of the states are under orders to stay indoors to slow the transmission of the coronavirus.

 

Under those decrees, businesses have closed unless deemed "essential," which has sparked a nationwide debate among state and local leaders: Should gun stores be considered essential?

 

"A lot of people may find themselves in situations where they may need to be their own first responders," said Michael Cargill, who runs Central Texas Gun Works in Austin.

 

Gun owners, he said, "want to protect their family in case things go the other way." .  . . .

 

"Guns will not make Americans safer in the face of COVID-19," Feinblatt said. "Gun stores do not deserve special treatment. In fact, a surge in gun sales will put many communities at greater risk if guns aren't stored securely and if background checks aren't completed."

 

Increasing concerns for gun control advocates are reports of people using firearms out of fear created by the coronavirus crisis. In Alpharetta, Ga., for instance, a man was arrested for allegedly pulling out a gun on two women wearing medical masks at a post office because he worried they had the coronavirus.

 

Gun and ammo sales have rocketed since the outbreak surfaced. And some of the panic driving the purchases is also present because of what gun rights advocates see as preserving their constitutional right to bear arms. They argue short-term emergency restrictions on gun sales could erode their enshrined rights.

 

"Just because we're in a pandemic, American rights do not go away," Mark Oliva, a spokesman for the National Shooting Sports Foundation, told NPR. "There are disparate interpretations on how people want to view these orders, but the Second Amendment is unequivocal."

State Officials are Battling Over a Push to Suspend Abortions During Medical Supply Shortage

State officials in Kentucky and Oklahoma are among a growing number of Republican officials who say abortion is a nonessential procedure that should be put on hold during the coronavirus pandemic.

 

Kentucky Attorney General Daniel Cameron and Oklahoma Gov. Kevin Stitt have joined the list of officials calling for a suspension of most abortions in their states as part of a larger effort to help free up protective equipment for healthcare workers caring for COVID-19 patients.

 

In a statement, Cameron said abortion providers "should join the thousands of other medical professionals across the state in ceasing elective procedures, unless the life of the mother is at risk."

 

Reproductive health groups say abortion is an essential, time-sensitive procedure that should not be delayed, and that doing so can jeopardize the health and well-being of pregnant women.

March 30, 2020 in Constitutional, Healthcare, Pop Culture | Permalink | Comments (0)

The Gendered Impact of the Coronavirus: Physical and Social Differences

Why the New Coronavirus May Kill More Men than Women

Men are more likely to die from new virus

New research from China has found that men, particularly middle-aged and older men, are having a harder time fighting off the virus than women. Chinese researchers found that while the infection rate among men and women is the same, the death rate among men is 2.8% compared with 1.7% for women.

According to Sabra Klein, a scientist at the Johns Hopkins Bloomberg School of Public Health, the pattern—men faring worse than women—is consistent with other viral respiratory infections. "Women fight them off better," she said.

Officials noticed this gender difference during the SARS and MERS outbreaks as well, according to Caryn Rabin. 

 

Why are men more likely to die from the new coronavirus?

According to researchers, there are a few reasons men are more likely to die from the new coronavirus.

Women have a heightened immune response

Research on previous outbreaks shows that women have stronger immune responses to coronaviruses.

Some researchers think the higher level of estrogen, which contributes to immunity, and the fact that women have two X chromosomes, which carry immune-related genes, could factor into women's heightened immune response ***

However, when the researchers blocked estrogen in the female mice and removed their ovaries, they were more likely to die from the virus

Men and women have different health behaviors, conditions

China has the largest population of smokers in the world at 316 million people, but while more than 50% of Chinese men smoke, only about 2% of Chinese women partake in the behavior.

Chinese men also have higher rates of high blood pressure, Type 2 diabetes, and chronic obstructive pulmonary disease than women

Akiko Iwasaki, a professor of immunology at Yale University, added that men may have a "false sense of security" about coronavirus and similar diseases. When the outbreak first started, for instance, officials recommended that people wash their hands thoroughly and often to prevent infection, but multiple studies have found that men are less likely to wash their hands and use soap than women, according to Klein.

"We make these broad sweeping assumptions that men and women are the same behaviorally, in terms of comorbidities, biology and our immune system, and we just are not," he said.

LA Times, Why is the Coronovirus so Much More Deadly for Men Than Women?

Men are faring worse than women in the coronavirus pandemic, according to statistics emerging from across the world.

On Friday, White House COVID-19 Task Force director Dr. Deborah Birx cited a report from Italy showing that men in nearly every age bracket were dying at higher rates than women. Birx called it a “concerning trend.”

The apparent gender gap in Italy echoes earlier statistics from other hard-hit countries. While preliminary, early accounts have suggested that boys and men are more likely to become seriously ill than are girls and women, and that men are more likely to die.***

The emerging picture of male vulnerability to coronavirus may be easily explained by a clear gender disparity with social and cultural roots: Across the world, men are much more likely to smoke cigarettes. That damages their lungs and primes them for inflammation and further damage when they are battling an infection.***

But that’s not the whole story, said Dr. Stanley Perlman, a pediatric infectious disease specialist at the University of Iowa who has studied coronavirus infection in mice.***

At the same time, the death rates of infected female mice shot up when their ovaries were removed, or when they got drugs that suppressed the activity of the hormone estrogen.

To Perlman, those dual findings strongly suggest that there’s something about estrogen that protects against the ravages of deadly coronaviruses — and he suspects it’s true for the new SARS-CoV-19 virus. ***

When it comes to fighting infection, he added, “we really need to study both sexes to understand susceptibility.”

The Atlantic, The Coronavirus is a Disaster for Feminism

Enough already. When people try to be cheerful about social distancing and working from home, noting that William Shakespeare and Isaac Newton did some of their best work while England was ravaged by the plague, there is an obvious response: Neither of them had child-care responsibilities.***

For those with caring responsibilities, an infectious-disease outbreak is unlikely to give them time to write King Lear or develop a theory of optics. A pandemic magnifies all existing inequalities (even as politicians insist this is not the time to talk about anything other than the immediate crisis). Working from home in a white-collar job is easier; employees with salaries and benefits will be better protected; self-isolation is less taxing in a spacious house than a cramped apartment. But one of the most striking effects of the coronavirus will be to send many couples back to the 1950s. Across the world, women’s independence will be a silent victim of the pandemic

Purely as a physical illness, the coronavirus appears to affect women less severely. But in the past few days, the conversation about the pandemic has broadened: We are not just living through a public-health crisis, but an economic one.

The evidence we do have from the Ebola and Zika outbreaks should inform the current response. In both rich and poor countries, campaigners expect domestic-violence rates to rise during lockdown periods. Stress, alcohol consumption, and financial difficulties are all considered triggers for violence in the home, and the quarantine measures being imposed around the world will increase all three. 

Researchers, including those I spoke with, are frustrated that findings like this have not made it through to policy makers, who still adopt a gender-neutral approach to pandemics. They also worry that opportunities to collect high-quality data which will be useful for the future are being missed.

The Coronavirus Crisis May Hit Women Harder Than Men

But in other, perhaps less obvious ways, the virus appears to disproportionately affect women. As the fight against COVID-19 continues, an increasing number of women around the world are on the front lines. Many of them will be expected to work longer hours, while juggling domestic responsibilities such as childcare

March 30, 2020 in Gender, Healthcare, Pop Culture | Permalink | Comments (0)

Friday, March 20, 2020

Analyzing US Women Lawmakers' Political Participation Based on Diversity of Background and Party

Estefania Cruz Lera,.Women From the Establishment Versus the ‘Squad’: Feminine Political Representation Styles in the US Congress,  Norteamérica, 15:1, january-june (2020)

In 2019, a historical record number of women shaped the US Congress. In addition to the increase in female participation, there is also a wider ethnic, racial, cultural and class diversity among these congress members. In this political universe, two highly contrasting profiles stand out: on the one hand, the women of the establishment led by Nancy Pelosi; on the other, the challenging "Squad" headed by Alexandria Ocasio-Cortez. Based on an analysis of social networks, press coverage, and legislative performance, in this investigation both styles of political representation are contrasted. The main result of this research is that in relation to the patterns of proposing laws, voting and fundraising there are no differences between the Squad and the women of the establishment. The main divergences reside in their public discourse, in the ideological platform to which they ascribe and in the style of leadership they exercise.

March 20, 2020 in Legislation, Pop Culture | Permalink | Comments (0)

Wednesday, March 18, 2020

Explaining the "Simple" Idea of College Sexual Consent Policies

Aya Gruber, The Complexity of College Consent, Adjudicating Campus Sexual Misconduct and Assault, Cognella, 2020

Teachers, parents, and administrators tell students that consent is “simple.” To be sure, every day, millions of people follow the directive to have only consensual sex with great success and have mutually wanted, unproblematic intimate contact. Law and policy, however, rarely intervene in easy cases. Consent standards intervene in the hard cases. College sexual consent policies delineate when sex between two competent adults of equal status, without force or threat, is a punishable offense. They determine what should happen when the accuser feels harmed but the accused believes he or she has not committed harm. They weigh in on default views of sex — whether people generally desire, are ambivalent toward, or fear sex. They guide decision makers on whom to believe in “he-said-she-said” cases. In short, consent is far from simple. This chapter, written for the book Adjudicating Campus Sexual Misconduct and Assault, unpacks the complex concept of consent in college codes. Its aim is taxonomical and explanatory: to categorize various consent formulations and clarify how they regulate behavior and resolve disputes. The first part of the chapter is a brief history of “ordinary” and affirmative consent standards in criminal law. The second turns to the concept of consent itself. There, I explore what it means to say that a sexual transaction between two people is consensual and whether consent relates to a state of mind, communication, or both. The third part examines the various formulations of consent in college codes, placing them on a scale from most to least regulatory. Finally, I discuss the complicated costs and benefits of affirmative consent.

March 18, 2020 in Education, Pop Culture, Violence Against Women | Permalink | Comments (0)

Tuesday, March 17, 2020

The Coronavirus Gender Gap

The Coronavirus Gender Gap

A staggering majority of nurses, flight attendants, teachers, domestic workers and service industry workers are women, dealing with the front lines of the outbreak.

Additionally, in the majority of homes around the world, women bear the most care-taking responsibilities, creating for many a “second shift” of providing care for children, the elderly and other family members who may be sick or simply in need of additional attention.

“The challenge of the emergency really puts additional strain on existing inequalities,” said Laura Addati, a policy specialist in women and economic empowerment for the International Labor Organization. “If there’s not already an egalitarian sharing of child care or housework, it will be women who are responsible for remote school, for ensuring there’s food and supplies, for coping with this crisis.”

Women are Bearing the Brunt of the Coronavirus Disruption

The vast majority of nurses, flight attendants, teachers and service industry workers are female, and their jobs put them on the front lines of the outbreak. At home, women still do more caretaking, so when the virus closes schools, restricts travel, and puts aged relatives at risk, they have more to do. “The challenge of the emergency really puts additional strain on existing inequalities,” says Laura Addati, a policy specialist in women and economic empowerment for the International Labor Organization. “If there’s not already an egalitarian sharing of child care or housework, it will be women who are responsible for remote school, for ensuring there’s food and supplies, for coping with this crisis.”

March 17, 2020 in Equal Employment, Gender, Pop Culture | Permalink | Comments (0)

Friday, February 28, 2020

Legal Scholars Weigh in on the Harvey Weinstein Sexual Assault Verdict

Slate, The Weinstein Verdict is Both a Victory and a Disappointment

On Monday morning, a Manhattan jury found Harvey Weinstein guilty of two of the five charges prosecutors brought against him: criminal sexual act in the first degree and rape in the third degree. The jury also acquitted Weinstein of two counts of predatory sexual assault, the most serious charges prosecutors had brought against him, which would have required the jury to conclude that Weinstein had committed first-degree sex crimes against two or more victims. In other words, the verdict is a mixed bag: Harvey Weinstein has now been convicted of rape. The counts that he was acquitted on, however, seem at odds with the number of allegations that have publicly surfaced against him.

 

This was just one trial, set up to evaluate a specific set of crimes and circumstances. But it has been impossible to think of it as anything other than a referendum on the entire contemporary #MeToo movement. Weinstein was the person whose long-ignored abuses and alleged assaults spurred thousands of women to reassess their own experiences. Donna Rotunno, Weinstein’s lead attorney, has spent her weeks in the spotlight accusing rape survivors of failing to take responsibility for their own mixed signals and explaining how the #MeToo movement has denied men their due process rights, even as her own client was enjoying his in the courtroom. Since the fall of 2017, when dozens of women first shared their stories about Weinstein, countless defenses and dismissals of the sexual misbehavior of other men have rested on the conviction that if sexual offenses don’t rise to the level of Weinstein’s misbehavior, they don’t merit consideration under the purview of #MeToo. Weinstein’s trial morphed into the ultimate #MeToo test: If a jury couldn’t convict Weinstein, the benchmark against which all other alleged abusers are now measured, what hope does any other survivor have of holding a rapist accountable in the criminal justice system?

The Weinstein Verdict is a Complicated Win for Survivors

On Monday, the system worked.

 

Jurors found Harvey Weinstein, a disgraced media mogul who has been accused of assault or harassment by at least 100 women, guilty of sexual assault and rape. His verdict, along with that of comedian Bill Cosby in 2018, sends a strong message that the jurors are capable of believing survivors over powerful men. A legal process in which less than 1% of sexual assault cases lead to convictions sided with survivors over a millionaire whose sexual misconduct has been an open secret for decades.

 

It was empowering. But while Weinstein’s guilty verdict is progress, it won’t fix a deeply broken system. 

 

Many experts and survivors told HuffPost they thought the conviction was important but ultimately, and unfortunately, symbolic. While high-profile cases help shift cultural attitudes toward sexual assault, that doesn’t always change how the legal system treats average victims whose cases may not get the widespread media attention, the high-profile legal representation or the support of multiple accusers that the Weinstein trial did. ***

 

“A high-profile conviction just says that, in this case, there was enough to convict this person,” said Leigh Goodmark, the director of the gender violence clinic at the University of Maryland Carey School of Law. “But it doesn’t make any grand pronouncements for me about the system’s friendliness to people who’ve been raped and sexually assaulted.”***

 

There is silent, everyday violence and suffering committed against women that just don’t meet the threshold of public interest,” said Aya Gruber, a law professor at the University of Colorado.

 

“And Harvey Weinstein going to jail isn’t going to do anything for them.”

Suzanne Goldberg, #MeToo is Just Beginning, Wash Post
In the swirl surrounding Harvey Weinstein’s mixed conviction and acquittal on rape and related charges, it can be easy to overlook what hasn’t changed in the wake of #MeToo. The movement has put a spotlight on the starkly divergent views that Americans hold about what kinds of behaviors cross the line into unwanted — and, at times, criminal — acts, and about what should happen when they do.***
 
 
But Weinstein’s trial and all the other changes #MeToo has brought won’t put an end to the roiling debates about what counts as consent and how we should judge long-ago assaults. We’ll continue to disagree, too, about what legal and social sanctions should apply to conduct that is “bad but not as bad” as Weinstein’s.

 

This is a good thing. As uncomfortable and frustrating as these conversations can be, we cannot afford to stop talking about what we expect from each other when it comes to sex and to workplace interactions.

February 28, 2020 in Courts, Equal Employment, Media, Pop Culture, Violence Against Women | Permalink | Comments (0)

Book Review: Hood Feminism and Seeking Intersectionality in the Women's Movement

Hood Feminism

NPR, "Hood Feminism" is a Call for Solidarity in a Less-Than-Inclusive Movement

If you're someone who claims the mantel of feminism, who believes in the innate equality of all genders, who thinks that solidarity among communities of women is a core component of the world you want to live in, I strongly encourage you to read Mikki Kendall's debut essay collection, Hood Feminism: Notes from the Women That a Movement Forgot. (Also, if you're not one of those someones, I really think you should read Hood Feminism.)

 

As the subtitle makes clear, Kendall's central thesis is that mainstream feminism in the United States has been anything but inclusive, despite being "a movement that draws much of its strength from the claim that it represents over half of the world's population." In prose that is clean, crisp, and cutting, Kendall reveals how feminism has both failed to take into account populations too often excluded from the banner of feminism and failed to consider the breadth of issues affecting the daily lives of millions of women.

 

Many of the book's essays focus on these overlooked issues, with chapters examining how gun violence, hunger, poverty, education, housing, reproductive justice, and more are all feminist issues.***

 

Securing that equality, Kendall argues, requires that women accept some inconvenient truths, specifically "the distinct likelihood that some women are oppressing others.... [W]hite women can oppress women of color, straight women can oppress lesbian women, cis women can oppress trans women, and so on." If feminism is to truly represent all women, it must resist the "tendency to assume that all women are experiencing the same struggles [which] has led us to a place where reproductive health imagery centers on cisgender able-bodied women to the exclusion of those who are trans, intersex, or otherwise inhabiting bodies that don't fit the narrow idea that genitalia dictates gender."

 

Those already familiar with Kendall as a leader in Black feminist thought won't be surprised that Hood Feminism is grounded in intersectionality, a term coined by Prof. Kimberlé Williams Crenshaw to reflect how race and gender combine to impact Black women in the criminal justice system. 

February 28, 2020 in Books, Pop Culture, Race, Theory | Permalink | Comments (0)