Thursday, May 12, 2022

What SNL Got Right About Alito's Leaked Opinion

Slate, What Saturday Night Live Got Right About Alito's Leaked Draft Opinion

Just days after Politico published the leaked draft of Justice Samuel Alito’s opinion in Dobbs v. Jackson Women’s Health OrganizationSaturday Night Live opened with its own comedic analysis of the Supreme Court decision purportedly overturning Roe v. Wade. “Justice Samuel Alito explains that no woman has a right to an abortion, and, in fact, abortion is a crime,” a narrator explains, before highlighting several excerpts from the draft citing 13th century common law on punishments for ending a pregnancy after the “quickening” of a “foetus.”

 

The opening sketch then takes viewers back in time to dramatize the “profound moment of moral clarity” that Alito seems to believe should be the basis of our abortion laws in 2022. British actor Benedict Cumberbatch, in a mock medieval pageboy haircut, comes to a “revelation” about the need to criminalize abortion in an age of constant plague, disastrous hygiene, witch obsession, and flat-earth maps. The sketch brilliantly demonstrates the absurdity of reading a 21st century Constitution in light of a legal and scientific history most Americans would not embrace today.

 

The SNL skit posed an obvious question: Why would it make sense to rely upon 13th century law to decide something so important to half the population of the United States? It’s a question best answered by constitutional law scholars like myself. We all know Alito’s interpretive move—it’s called originalism or textualism—and it is full of theoretical complexity. For the most part, this is legal inside baseball. So why this lesson on originalism on SNL? And why now?

 

Because Alito’s leaked opinion in Dobbs was a bombshell. It takes up some of the most extreme rhetoric of the anti-abortion movement while citing, as SNL points out, centuries-old and outdated legal ideas. And so when people sat down to read the opinion, even the comedy writers at SNL saw what ordinarily the public pays no attention to: the absurdity of a constitutional methodology called originalism at work. 

May 12, 2022 in Abortion, Constitutional, Pop Culture, Reproductive Rights, SCOTUS, Theory | Permalink | Comments (0)

Wednesday, April 13, 2022

Evaluating the Pink Tax and Other Tropes as Strategies for Law Reform and Policy Making

Bridget J. Crawford, Pink Tax and Other Tropes, Yale J. Law & Feminism (forthcoming)

Law reform advocates should be strategic in deploying tax tropes. Through an examination of five common tax phrases—the “nanny tax,” “death tax,” “soda tax,” “Black tax,” and “pink tax”—this Article demonstrates that tax rhetoric is more likely to influence law when used to describe specific economic injustices resulting from actual government duties, as opposed to figurative "taxes" in the form of other real-life burdens or differences. Slogans describing figurative taxes are less likely to influence law and human behavior, even if they have descriptive force in both popular and academic literature as a short-hand for group-based disparities. This Article catalogues and evaluates what makes for effective tax talk, in terms of impact on both the law and day-to-day actions on the ground. With this roadmap, lawyers, policy makers and others will be able make more forceful and precise tax-based arguments aimed at reforming the law and changing human behavior.

This Article makes three principal claims—one descriptive, one empirical, and one normative.

The Article first develops a taxonomy of tax phrases, based on the object of critique. The classification distinguishes between criticisms of compulsory formal levies, on the one hand, and burdens or oppressions that are akin to taxes, on the other. The taxonomy also notes some differences among tax tropes based on their linguistic form. Some phrases deploy a single word modifier for “tax” (like “nanny,” “death,” or “soda”) to signify a larger relationship, event, or transaction that is subject to taxation. Other phrases use a single-word modifier for “tax” (like “Black” or “pink”) that is strongly associated with the persons subject to taxation.

The Article next engages in a content analysis of multiple data sets of printed popular and scholarly literature to compare the relative “success” of the phrases “nanny tax,” “death tax,” “soda tax,” “Black tax,” and “pink tax” in terms of frequency of use, links to legal reform, and impacts on taxpayer behavior. The resulting preliminary hypothesis is that tax tropes that deploy suggestive modifiers to describe literal taxes are more effective than those that allude to identity axes associated with figurative taxes.

Given the particular variability of the “pink tax” trope, the Article turns to normative recommendations for how gender equality advocates might rethink use of that phrase in particular. The “pink tax” is useful as an overarching description of related manifestations of gender inequality: the gender wage gap, gender-based pricing differences in consumer goods or services, disproportionate expenses incurred by a large portion of the population for safe travel or to maintain stereotypically “feminine” appearances, and unequal time burdens experienced by those responsible for households or caregiving. But only one manifestation of the “pink tax,” as a description for the state sales tax on menstrual products, has been well served by a tax shorthand phrase. “Tampon tax” talk has fueled litigation and advocacy efforts; it has led to sales tax reform in least ten jurisdictions, with more states expected to follow. Indeed, “pink tax” rhetoric describing figurative taxes might not, on its own, lead directly to legal change. For that reason, at least when arguing for law reform, gender equality advocates should not over-rely on “pink tax” talk and figurative tax tropes.

April 13, 2022 in Business, Gender, Legislation, Pop Culture | Permalink | Comments (0)

Wednesday, April 6, 2022

New Musical "Suffs" Captures History, Complexity, and Feminism of the Women's Suffrage Movement

With a Powerhouse All-Women Cast, "Suffs" Explores Activists Who Made Voting Rights Happen

Live theater has returned and among the blockbusters launching this season is Suffs, which opens on April 6 at the venerable Public Theater in New York City.

 

Full disclosure: As a writer of all things feminist policy and politics, I’m not a theater reviewer. But I have to report that after experiencing Suffs (still in previews), it is a modern marvel of a musical. With its impeccable period costumes and powerhouse all-female cast, Suffs explores the women who drove the 19th Amendment across the finish line a century ago—and whose tactics and strategies continue to shape the fight for social and political equality.

 

Unlike the limited lessons of women’s suffrage many learn—Seneca Falls and Susan B. Anthony—Suffs digs deep into the gamesmanship wielded by the movement’s early 20th century leaders. Among those are Carrie Chapman Catt, stalwart of the National American Woman Suffrage Association, who favored winning the vote state-by-state while wielding elite, inside influence to push for a federal amendment; Alice Paul and Lucy Burns, next-gen radicals of the day, whose National Women’s Party crafted the playbook for civil disobedience; and Chicago journalist Ida B. Wells and activist Mary Church Terrell whose call out of the unique plight of Black women framed the fight for universal suffrage.***

 

How little the general public has absorbed about this movement and its myriad players is not an accident, suggests Lucy Beard, director of the Alice Paul Institute, in a 2020 interview. Activists like Alice Paul and Inez Milholland, as well as many of the others portrayed in Suffs—Doris Stevens, Ruza Wenclawska, and Dudley Malone, hardly household names—“represented the radical part of the suffrage movement,” said Beard, “[and] history generally gets written by the moderates.”

 

Suffs may be just the medium to change that. And a bonus, it also manages to impart a dose of pragmatic wisdom for today’s activists: that radical and moderate strategies need not forever be locked in conflict but rather can be combined to force-multiply and win seismic change. 

See also NYT, Friendship, Betrayal, and the Fight: "Suffs" Tells the Suffragist Tale in Song

“Suffs” is opening in the same theater where “Hamilton” — and America’s runaway romance with the roguish “ten dollar founding father” — was born. Are audiences open to seeing Taub’s feminist founding mothers as similarly three-dimensional heroes, shaded by their flaws rather than simply damned by them?

“Suffs” may be about women. But their long fight for the vote, Taub said, can stand in for any of the great social movements in American history, all of which were also messy, fractious, imperfect — and unfinished.

suffs-review-womens-history-19th-amendment-suffrage

April 6, 2022 in Constitutional, Legal History, Media, Pop Culture | Permalink | Comments (0)

Thursday, March 17, 2022

Why March is National Women's History Month

Why March is National Women's History Month

Local Celebrations

As recently as the 1970s, women’s history was virtually an unknown topic in the K-12 curriculum or in general public consciousness. To address this situation, the Education Task Force of the Sonoma County (California) Commission on the Status of Women initiated a “Women’s History Week” celebration for 1978.

 

The week March 8th, International Women’s Day, was chosen as the focal point of the observance. The local Women’s History Week activities met with enthusiastic response, and dozens of schools planned special programs for Women’s History Week. Over one-hundred community women participated by doing special presentations in classrooms throughout the country and an annual “Real Woman” Essay Contest drew hundreds of entries. The finale for the week was a celebratory parade and program held in the center of downtown Santa Rosa, California.

 

Mobilizing a Movement

In 1979, Molly Murphy MacGregor, a member of our group, was invited to participate in The Women’s History Institute at Sarah Lawrence College, which was chaired by noted historian, Gerda Lerner and attended by the national leaders of organizations for women and girls. When the participants learned about the success of the Sonoma County’s Women’s History Week celebration, they decided to initiate similar celebrations within their own organizations, communities, and school districts. They also agreed to support an effort to secure a “National Women’s History Week.”

 

Presidential and Congressional Support

The first steps toward success came in February 1980 when President Carter issued the first Presidential Proclamation declaring the Week of March 8th 1980 as National Women’s History Week. In the same year, Representative Barbara Mikulski, who at the time was in the House of Representatives, and Senator Orrin Hatch co-sponsored a Congressional Resolution for National Women’s History Week 1981. This co-sponsorship demonstrated the wide-ranging political support for recognizing, honoring, and celebrating the achievements of American women.

 

A National Lobbying Effort

As word spread rapidly across the nation, state departments of education encouraged celebrations of National Women’s History Week as an effective means to achieving equity goals within classrooms. Maryland, Pennsylvania, New York, Oregon, Alaska, and other states developed and distributed curriculum materials for all of their public schools. Organizations sponsored essay contests and other special programs in their local areas. Within a few years, thousands of schools and communities were celebrating National Women’s History Week, supported and encouraged by resolutions from governors, city councils, school boards, and the U.S. Congress.

 

Each year, the dates of National Women’s History Week, (the week of March 8th) changed and every year a new lobbying effort was needed. Yearly, a national effort that included thousands of individuals and hundreds of educational and women’s organizations was spearheaded by the National Women’s History Alliance.

 

National Women’s History Month

By 1986, 14 states had already declared March as Women’s History Month. This momentum and state-by-state action was used as the rational to lobby Congress to declare the entire month of March 1987 as National Women’s History Month. In 1987, Congress declared March as National Women’s History Month in perpetuity. A special Presidential Proclamation is issued every year which honors the extraordinary achievements of American women.

 

Presidential Message 1980

President Jimmy Carter’s Message to the nation designating March 2-8, 1980 as National Women’s History Week.

From the first settlers who came to our shores, from the first American Indian families who befriended them, men and women have worked together to build this nation. Too often the women were unsung and sometimes their contributions went unnoticed. But the achievements, leadership, courage, strength and love of the women who built America was as vital as that of the men whose names we know so well.

 

As Dr. Gerda Lerner has noted, “Women’s History is Women’s Right.” – It is an essential and indispensable heritage from which we can draw pride, comfort, courage, and long-range vision.”

 

I ask my fellow Americans to recognize this heritage with appropriate activities during National Women’s History Week, March 2-8, 1980.

 

I urge libraries, schools, and community organizations to focus their observances on the leaders who struggled for equality – – Susan B. Anthony, Sojourner Truth, Lucy Stone, Lucretia Mott, Elizabeth Cady Stanton, Harriet Tubman, and Alice Paul. Understanding the true history of our country will help us to comprehend the need for full equality under the law for all our people.

This goal can be achieved by ratifying the 27th Amendment to the United States Constitution, which states that “Equality of Rights under the Law shall not be denied or abridged by the United States or by any state on account of sex.”

Women's History Month: How It Started, Why we Celebrate

March 17, 2022 in Education, Pop Culture | Permalink | Comments (0)

Thursday, December 16, 2021

A Reassessment of the Use and Gender Politics of the Singular "They"

A Little Word That Means a Lot: A Reassessment of Singular "They" in a New Era of Gender Politics, Gender & Society (Nov. 20, 2021)

In 2019, Merriam-Webster named they its Word of the Year in recognition of the “surprising fact” that lookups had risen a remarkable 313% over the previous year. This surge of interest in singular they attests to the rising visibility of genderqueer, nonbinary, and trans activism in the United States. A 2018 survey found that a majority of Americans have heard about gender-neutral pronouns and that nearly twenty percent of Americans know someone who uses nonbinary personal pronouns. In recent years, gender-inclusive pronoun practices—including pronoun “go-rounds” and adding pronouns to email signatures—have been widely adopted on campuses and in workplaces, and new legal protections have been created to prevent misgendering with pronouns.

 

Skeptics dismiss these practices as a fad, but English speakers have been using the singular they in situations when a person’s gender was nonspecific or unknown for at least 600 years. Esteemed authors including William Shakespeare and Jane Austen used it unapologetically as an indefinite pronoun. Today, it likely would go unnoticed to hear someone exclaim, “That car just cut me off! They should learn to drive.”

 

In fact, the idea that singular they is ungrammatical was produced by a political campaign that began in the late eighteenth century. At that time, scholarly authorities insisted that singular he be used instead of singular they on the grounds that “the Masculine gender is more worthy than the Feminine, and the Feminine more worthy than the Neuter.” In promoting usage of he as a generic pronoun, grammarians sought to discredit competing options. They dismissed the paired binary term he or she as cumbersome and argued that singular they creates ambiguity about whether we are discussing one person or many. Of course, the generic he creates a parallel ambiguity with respect to gender, but they pushed this concern aside.***

 

Meanwhile, since the early 2010s, a new generation of language reformers, led by lesbian, gay, bisexual, transgender, queer/questioning and more (LGBTQ+) activists, has taken up the cause of singular they. These activists promote language practices that recognize people with nonbinary gender identities, incuding singular they used as a nonbinary personal pronoun. Using singular they as a nonbinary personal pronoun resists biological essentialism and affirms everyone’s right to determine their own gender identity.

 

Concomitantly, some people have advocated that singular they be used for everyone as a universal pronoun on the grounds that it is “inclusive and flexible” and protects people’s privacy, among other reasons. Yet, some transgender advocates  have objected to this proposal  arguing that denying gender recognition by avoiding gendering can be experienced as a form of violence. Finally, some people now use singular they as a default indefinite pronoun to refer to a person who is known but whose self-defined gender identity is not.

 

Our Gender & Society article, “A Little Word That Means A Lot: A Reassessment of Singular They in a New Era of Gender Politics,” considers how singular they can be used to resist and redo aspects of the prevailing gender structure. We identify three distinct usages of singular they: 1) as a nonbinary personal pronoun; 2) as a universal gender-neutral pronoun; and 3) as an indefinite pronoun when a person’s self-identified gender is unknown. While previous research has focused primarily on singular they as a nonbinary personal pronoun, our paper points to the importance of all three usages. We offer new insight into how nonbinary they challenges dominant gender norms and practices beyond incorporating additional gender categories. We propose further investigation of how using gender-neutral pronouns for everyone in specific contexts can advance progressive activists’ goals. Finally, we argue that the longstanding usage of singular they as an indefinite pronoun has new importance today in affirming gender as a self-determined identity.

 

Our analysis demonstrates that using singular they advances gender justice. Buying into the depoliticized grammar argument is not merely ahistorical but politically costly in the struggle for gender justice.

December 16, 2021 in Gender, Law schools, LGBT, Pop Culture | Permalink | Comments (0)

Wednesday, November 10, 2021

Book "Why Don't Women Rule the World?"

Book, Why Don't Women Rule the World?

Why Don't Women Rule the World?

Why Don't Women Rule the World?: Understanding Women's Civic and Political Choices

FIRST EDITION

 “[Why Don’t Women Rule the World?] is unlike other texts in its comparative approach and strong theoretical underpinnings. It has interesting pedagogical features that will resonate with comparative scholars, Americanists and those who integrate public policy analysis into the course.”
—Rebecca E. Deen, University of Texas at Arlington  

Why don’t women have more influence over the way the world is structured?  

Written by four leaders within the national and international academic caucuses on women and politics, Why Don't Women Rule the World? helps students to understand how the underrepresentation of women manifests within politics, and the impact this has on policy. Grounded in theory with practical, job-related activities, the book offers a thorough introduction to the study of women and politics, and will bolster students’ political interests, ambitions, and efficacy.  

Key Features: 

  • A comparative perspective expands students’ awareness of their own intersectional identities and the varying effects of patriarchy on women worldwide.  
  • A variety of policy areas highlighted throughout the book illustrates how different theories are applied to real-world situations.            
  • Multiple political engagement activities keep students engaged with the content.

November 10, 2021 in Books, Education, Legislation, Pop Culture | Permalink | Comments (0)

Wednesday, October 20, 2021

Gallup Poll Shows US Women are Largely Dissatisfied with How They're Treated

Gallup Poll:  U.S. Women are Largely Dissatisfied with How they’re Treated. Most Men don’t See a Problem

Women’s satisfaction with the treatment of their gender in the United States is at a record low, according to a Gallup poll. A majority of men, however, don’t see a problem.

 

The study, released last week, found that 53 percent of Americans are very or somewhat satisfied with the treatment of women in society — tying a record low that first hit when the #MeToo movement gained national attention in 2017. Since 2016, women’s satisfaction has dropped 17 points to 44 percent, while men’s fell by five points to 61 percent, according to Gallup’s findings.

 

The poll also found that 61 percent of men think men and women have equal job opportunities, while 33 percent of women agree. However, majorities of both genders, 72 percent of women and 61 percent of men — favored affirmative action programs for women.

 

Gallup’s findings underscore how men and women view gender equity issues differently in the United States, said Radhika Balakrishnan, a professor of women’s gender and sexuality studies at Rutgers University, adding that male privilege can often distort men’s perception of gender disparities.***

 

Gallup’s findings underscore how men and women view gender equity issues differently in the United States, said Radhika Balakrishnan, a professor of women’s gender and sexuality studies at Rutgers University, adding that male privilege can often distort men’s perception of gender disparities.

 

October 20, 2021 in Gender, Pop Culture | Permalink | Comments (0)

Wednesday, October 13, 2021

Uncovering the Misogyny of Attacks on the Press

Lili Levi, Racialized, Judaized, Feminized: Identity-based Attacks on the Press  

The press is under a growing and dangerous form of attack through identity-based online harassment of journalists. Armies of online abusers are strategically targeting non-white and non-male journalists to intimidate and silence their voices using a variety of rhetorical tools (including references to lynching, the Holocaust, rape and dismemberment). Such expressive violence is matched by the mounting physical dangers faced by reporters, both in the United States, as evidenced during Black Lives Matter protests in summer 2020, and around the world. Unsurprisingly, identity-based online harassment of reporters has increased at the very moment that news organizations attempt to enhance the diversity of the professional press.

The ‘double whammy’ of online harassment and physical danger goes far beyond harming individual journalists, although those damages ought not be understated. The scale and intensity of these online identity-based attacks collectively undermine all journalists and the press as a whole. While prior accounts, especially by media studies scholars, have recognized the threat to the press writ large, this Article is the first to identify these attacks as one of three reinforcing tactics designed to hobble journalism at critical inflection points in its lifecycle. The refrain of ‘fake news’ is designed to undermine public faith in press output, critiques of libel law seek to roll back press-protective judicial outcomes, and identity-based verbal violence works to undercut and paralyze the journalistic process. Thus, racial and misogynistic vitriol, while generated ‘bottom up’ by members of the audience, is also an element of elite press-delegitimating strategies that presidential change has not derailed.

The Article analyzes the factors that most contribute to growing peril for our democracy, including the professional self-monitoring and self-censorship inevitable in conditions of harassment; the likely effects of reporter intimidation on news organization diversity; and the particularly ‘sticky’ character of identity-based vitriol for the audiences exposed to it.

Finding realistic ways to stem and counteract online identity-based abuse is an imperative next step if the press is to perform its constitutionally-recognized role under current conditions of existential threat. Traditional legal responses are insufficient for such non-traditional devices. The Article develops and advocates a variety of ameliorative moves directed to a spectrum of actors: news organizations, journalism schools, press-protective organizations, social media platforms, and social science researchers. Collective, rather than individual, solutions across a range of constituencies offer the only realistic hope of stemming this tide.

October 13, 2021 in Gender, Media, Pop Culture | Permalink | Comments (0)

Wednesday, September 22, 2021

Book Review Biography of Iconic Civil Rights Feminist Dorothy Pittman Hughes

Carrie Baker, The Story of Iconic Feminist Dorothy Pittman Hughes: "With Her Fist Raised." 

dorothy-pitman-hughes-feminist-gloria-steinem-who-founded-ms-magazine

Many of us have seen the iconic photo of interracial sisterhood with Gloria Steinem and Dorothy Pitman Hughes from 1971, now part of the Smithsonian Institution’s National Portrait Gallery in Washington, D.C. While we know a lot about Steinem from popular media, history books, autobiographies and even a Broadway play, most of us know very little about Pitman Hughes. But we should.

 

The recent publication of Pitman Hughes’s biography—With Her First Raised: Dorothy Pitman Hughes and the Transformative Power of Black Community Activism—by University of Massachusetts historian Laura Lovett shares this forgotten history. According to Lovett, her book offers “a history of the women’s movement with children, race and welfare rights at its core, a history of women’s politics grounded in community organizing and African American economic development.”...

 

Throughout her life, Pitman Hughes sought to make the lives of ordinary women better by working to empower communities to meet their needs—whether that was child care, recognition of Black women’s inherent beauty or access to economic resources or local healthy food. The book recounts her early experiences of racism, including “routine extralegal violence from the Ku Klux Klan and the White Citizens’ Councils,” her work with the Congress on Racial Equality (CORE), the Black Panthers and Malcolm X, and her friendships with people like Flo Kennedy and Ti-Grace Atkinson, as well as Steinem....

 

“Dorothy’s style was to call out the racism she saw in the white women’s movement. She frequently took to the stage to articulate the way in which white women’s privilege oppressed Black women but also offered her friendship with Gloria as proof this obstacle could be overcome,” said Lovett.

 

Pitman Hughes also organized the first shelter for battered women in New York City, co-founded the New York City Agency for Child Development working to expand child care services in the city and was a co-founder of the National Black Feminist Organization.

September 22, 2021 in Books, Legal History, Pop Culture, Race | Permalink | Comments (0)

Thursday, September 16, 2021

An Argument for Using "They" as Pronouns

Until I'm Told Otherwise, I Prefer to Call You "They"

Ian Ayres is a professor and deputy dean at Yale Law School. Their preferred pronoun is “they.”

With the start of a new school year this fall, I am adopting a new practice. It is already common for my university colleagues and me to ask our students for their preferred pronouns at the beginning of the semester. In these efforts to thoughtfully ascertain how people choose to be described, not enough attention is paid to circumstances when it is most appropriate not to specify gender at all. I would never intentionally misidentify someone else’s gender — but I unfortunately risk doing so until I learn that person’s pronouns. That’s why, as I begin a new school year, I am trying to initially refer to everyone as “they.”
 
In so doing, I am employing a “default rule” — a concept whose importance I have studied during my career as a law professor. A default rule fills in the gaps in a legal relationship, setting a condition that holds generally until a specific value is agreed on.... 
 

In the case of personal identity, I am drawn to default pronouns that don’t assume others’ gender. Instead of assuming someone’s gender identity based on how they look or dress or act, it is more appropriate to refer to them as “they” until I know better. And whenever possible, it is important to create early opportunities to learn their chosen pronouns, which has become standard practice in academic and other settings.

 

Starting with the inclusive default “they” is less likely to cause offense than using harmful stereotypes to guess at someone’s pronouns. In grade school, one of my children was advised to adopt a similar strategy to address female teachers as “Ms.” until the teacher said that they prefer “Miss” or “Mrs.” Non-identification is a much less costly default than misidentification.

 

Some people harp on how difficult it is to make this kind of linguistic change. But broadly adopting the singular “they” can actually reduce a speaker’s cognitive load. Years ago, my parents told me they liked “Ms.” because they no longer had to presume whether a woman was married or not. Calling people “they” by default similarly relieves the speaker of having to guess at someone’s gender. More importantly, it has the advantage of reducing gender-related assumptions that listeners might make. And it has the crucial benefit of more respectfully addressing people with nonbinary identities. Just as all-gender bathrooms make life easier for transgender people, using the singular “they” default, until told otherwise, affirms linguistic space in the classroom for people who do not exclusively identify as men or women.

September 16, 2021 in Education, Guest Bloggers, LGBT, Pop Culture | Permalink | Comments (0)

Tuesday, September 14, 2021

As Seen through the Eye of the Camera: A Portrayal of How Cultural Changes, Societal Shifts, and the Fight for Gender Equality Transformed the Law of Divorce

As Seen through the Eye of the Camera: A Portrayal of How Cultural Changes, Societal Shifts, and the Fight for Gender Equality Transformed the Law of Divorce

By: Taylor Simpson-Wood

Published in: 42 Women's Rts. L. Rep. 1 (2020).

This article explores how changing societal forces and cultural mores have configured to mold the law of divorce from the turn of the Twentieth Century though the rise of no-fault divorce in 1970. It highlights that, irrespective of the varying, contemporaneous views of divorce of different eras, there is one common theme which runs beneath and unites the six decades, gender inequality. To illustrate this premise, it employs representative films for each covered time period to paint a picture of the cultural influences and forces that gave rise to that era’s perspective about divorce as it strove to make a better society.

Specifically, the essay traces the key components of film censorship implemented via the Hays Code in the 1930s and explores how divorce was transformed post-Code from being an anathema to an accepted, if not expected, part of mainstream American life. It also confronts the continuing myth that the 1950s constituted the golden age of the American family. The “ideal” family portrayed each evening on the television was not a documentary and, despite cinematic representations of life during the 1950s, the era was a time of great stress for both spouses. Husbands faced the specter of becoming an “organization man,” while many homemakers were suffering from “the problem that has no name.” The rise of new social mores is often a counter-reaction to those of the immediately preceding time period. This was certainly the case in the 1960s, when the rejection of the values of the 1950s led to a psychological shift resulting in the birth of a new “divorce culture” premised on the idea that when a spouse is unfulfilled due to an unsatisfying the marital relationship, divorce is not only justified, but paves the road to self-realization.

September 14, 2021 in Courts, Family, Gender, Pop Culture | Permalink | Comments (0)

Wednesday, August 4, 2021

Investigating the Pink Tax: Evidence Against a Systematic Price Premium for Women

Natasha Bhatia, Sarah Moshary & Anna Tuchman, Investigating the Pink Tax: Evidence Against a Systematic Price Premium for Women in CPG 

The pink tax refers to an alleged empirical regularity: that products targeted toward women are more expensive than similar products targeted toward men. This paper leverages a national dataset of grocery, convenience, and mass merchandiser sales, in combination with novel sources on product gender targeting, to provide systematic evidence on price disparities for personal care products targeted at different genders. The results are mixed: while women’s deodorant products are indeed more expensive, on the order of 6%, women’s disposable razors are about 8% less expensive. We then investigate potential drivers of differential pricing with a focus on deodorants. Analysis of wholesale prices indicates that differences in costs cannot fully explain the differences in deodorant retail prices that we document. Rather, our findings suggest that demand for women’s deodorant products is relatively inelastic. We also find a higher share of category TV advertising features women’s products. Finally, we consider the potential welfare effects of price parity regulations.

August 4, 2021 in Business, Pop Culture | Permalink | Comments (0)

Legal Report Finds Systemic Gender Inequity at NCAA Against Women's Basketball and Recommends Organizational Reforms

NPR, A Report Found the NCAA Undervalues Women's Basketball, Prioritizes Men's Team

A highly anticipated external review has found that the NCAA has treated women's games unfairly, both undervaluing and underfunding them for years.

 

Led by New York law firm Kaplan Hecker & Fink LLP, the report recommends reforms to the NCAA's basketball programs. It calls for a combined Final Four tournament and changes to the organization's leadership structure, media contracts, and revenue calculations.

 

The review was prompted in March, when the NCAA came under fire after a video of the minimal equipment in the women's weight room at the organization's championships was posted by University of Oregon basketball player Sedona Prince. The video, which immediately gained traction on TikTok, showed that the NCAA did not provide the women's Division I basketball teams the lavish amenities that it did for the men's tournaments. The NCAA commissioned the review shortly afterward.

 

"With respect to women's basketball, the NCAA has not lived up to its stated commitment to 'diversity, inclusion and gender equity among its student-athletes, coaches and administrators,' " the report states.

 

The report describes the undervaluing of women's teams as "perpetuating a mistaken narrative that women's basketball is destined to be a 'money loser' year after year. Nothing could be further from the truth."

 

It notes increasing television audiences and female players' "huge followings on social media," and says the NCAA could negotiate far higher fees for coverage of the women's games.

August 4, 2021 in Education, Media, Pop Culture, Sports | 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)

Monday, July 12, 2021

The Title IX Campus Sexual Harassment Movement and its Influence on Modern Feminist Action

Nancy Chi Cantalupo, The Title IX Movement Against Campus Sexual Harassment: How a Civil Rights Law and a Feminist Movement Inspired Each Other, Chapter 15 in Deborah Brake, Martha Chamalls & Verna Williams, eds., The Oxford Handbook of Feminism and Law in the United States, Forthcoming

If the inauguration of our first Black president made 2009 a “big” (if complicated) year for progress on racial equality, 2009 also witnessed a significant marker for gender equality, as hundreds of thousands of students and their allies began to mobilize against campus sexual assault, organizing around the groundbreaking civil rights statute, Title IX of the Educational Amendments of 1972. Moving from the Title IX movement’s genesis during the Obama administration to the movement’s direct-action protests and litigation challenging regulations issued in May 2020 by then-Secretary of Education Betsy DeVos, this chapter tells the story of how Title IX and the student movement interacted from 2009 to 2020. During these years, the movement not only weathered backlash against it but also influenced both later feminist movements such as #MeToo and non-feminists’ understandings of sexual harassment, demonstrating the continued power and promise of both feminist law and feminist organizing.

July 12, 2021 in Education, Pop Culture | Permalink | Comments (0)

Tuesday, June 8, 2021

New Book: "Unwell Women," Misdiagnosis and Myth in a Man-Made World

NYT, Book Review, Why "Unwell Women" Have Gone Misdiagnosed for Centuries

Reviewing: Elinor Cleghorn, UNWELL WOMEN: Misdiagnosis and Myth in a Man-Made World

In order to recognize illness, you have to know what health looks like — what’s normal, and what’s not. Until recently, medical research generally calibrated “normal” on a trim white male. Such a patient, arriving in an emergency room clutching his chest as they do in the movies — and in the textbooks — would be immediately evaluated for a heart attack. But heart disease in women, inconveniently, doesn’t always come with chest pain. A woman reporting dizziness, nausea and heart-pounding breathlessness in that same E.R. might be sent home with instructions to relax, her distress dismissed as emotional rather than cardiac.

Heart disease has clear markers and proven diagnostic tools. When a woman’s symptoms are less legible or quantifiable — fatigue, vertigo, chronic pain — the tendency to be dismissive grows. In “Unwell Women,” the British scholar Elinor Cleghorn makes the insidious impact of gender bias on women’s health starkly and appallingly explicit: “Medicine has insisted on pathologizing ‘femaleness,’ and by extension womanhood.”

A woman’s purpose was to procreate; if she wasn’t well, it was probably her womb that was to blame. One Roman writer described the uterus as “an animal within an animal,” with its own appetites and the capacity to wander through the body in search of satisfaction. Most female afflictions could be reduced to “hysteria,” from the Greek word for womb. “The theory that out-of-work wombs made women mad and sad was as old as medicine itself,” Cleghorn notes. The standard cure was marriage and motherhood. As Hippocratic medicine was refracted through the lens of Christianity, the female anatomy was additionally burdened with the weight of original sin.

Moving steadily through the centuries, Cleghorn lays out the vicious circles of women’s health. Taught that their anatomy was a source of shame, women remained in ignorance of their own bodies, unable to identify or articulate their symptoms and therefore powerless to contradict a male medical establishment that wasn’t listening anyway. Menstruation and menopause were — and often still are — understood as illness rather than aspects of health; a woman’s constitution, thus compromised, could hardly sustain the effort required for scholarship or professional life.

The intersection of class and race complicates things further. As early as 1847, the Scottish physician James Young Simpson argued in favor of anesthesia during labor and delivery, contradicting the age-old belief that the pain of birth was part of God’s judgment. (To this day, women who opt for an epidural instead of “natural childbirth” can feel a nagging sense of failure.) But even liberal-minded men like Simpson believed that what he called the “civilized female” needed his revolutionary innovation more than her less privileged sisters. Black women were thought to be less sensitive to pain and working-class women were considered hardier in general; certainly no one worried about whether these women could work while menstruating.

Each scientific advance came with its own shadow. Margaret Sanger may have campaigned for contraception “as a way for women to reclaim their bodies and lives from medical and social control” — but for women of color, birth control was presented more as a duty than a right, a weapon against overpopulation and poverty requiring the policing of women.

 

 

June 8, 2021 in Books, Healthcare, Pop Culture, Race, Reproductive Rights | 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)

Friday, April 2, 2021

March Madness Could Spark at Title IX Reckoning on NCAA Exception

March Madness Could Spark a Title IX Reckoning, The Atlantic

The gender inequality in college sports runs far deeper than a few social-media posts can reveal. As Cheryl Cooky, a professor studying sport sociology at Purdue University, told me in a recent phone conversation: “The problem is not the weight room itself, but what kind of groundwork has been laid that produced this moment where the weight-room controversy occurred. Nobody looked at that space and said, ‘Something’s not right here.’ It took someone posting on social media to bring attention to the issue.”

 

Although the NCAA is a nonprofit that organizes athletic tournaments for college athletes, it acts more like a professional-sports organization. And the deeply entrenched sexism in intercollegiate sports means that male athletes are treated with red-carpet fanfare, and women are treated as second-class citizens. That swag-bag gear, forinstance? The women’s paraphernalia doesn’t say march madness, because the NCAA refuses to use the name of its highly marketable men’s tournament to refer to the parallel women’s tournament, which is held at the same time. If you download the NCAA March Madness Live app, you might be under the impression that the women’s tournament doesn’t exist at all—no women’s schedule, bracket, or game highlights are available. This is the first year in which the entirety of the women’s tournament will be shown on national television, whereas the men’s tournament has been taking over airwaves for decades. And still, Sunday’s women’s championship game will be available only on ESPN, while the men’s championship game will air on CBS, a national broadcast network, making their game more widely available.

 

Broadcast and advertising deals are private-market decisions. But these issues involve student athletes, who are playing for schools beholden to Title IX—the statute that prohibits gender inequality at any educational institution receiving federal financial assistance (basically every school in the NCAA, via student financial aid). So is it legal that the NCAA calls its women’s tournament by a different (and far less marketable) name? Or that the broadcast deals it strikes for the men’s tournament are so much larger than those for the women’s? According to the Supreme Court’s decision in NCAA v. Smith, it is.

 

In 1999, the Court ruled that, although the NCAA runs sports tournaments for schools—and collects money from those schools—the league itself does not receive direct funds from the federal government. But Neena Chaudhry, the general counsel and senior adviser for education at the National Women’s Law Center, says a legal argument could be made that the NCAA should be held to Title IX when it comes to these tournaments. Chaudhry, who worked on NCAA v. Smith, has successfully argued at the state level that high schools have essentially given sports leagues controlling authority over their federally funded athletic programs.  

. . . . 

April 2, 2021 in Education, Pop Culture, Sports | Permalink | Comments (0)

Friday, March 19, 2021

New Book on the Rise of the Feminist Movement in the 1990s, "They Didn't See Us Coming"

They Didn't See Us Coming: The Hidden History of Feminism in the Nineties by [Lisa Levenstein]

Lisa Levenstein, They Didn't See Us Coming: The Hidden History of Feminism in the Nineties (2020)

From the declaration of the "Year of the Woman" to the televising of Anita Hill's testimony, from Bitch magazine to SisterSong's demands for reproductive justice: the 90s saw the birth of some of the most lasting aspects of contemporary feminism. Historian Lisa Levenstein tracks this time of intense and international coalition building, one that centered on the growing influence of lesbians, women of color, and activists from the global South. Their work laid the foundation for the feminist energy seen in today's movements, including the 2017 Women's March and #MeToo campaigns.

A revisionist history of the origins of contemporary feminism, They Didn't See Us Coming shows how women on the margins built a movement at the dawn of the Digital Age.

Hat tip Lisa Tetrault

March 19, 2021 in Books, Gender, Legal History, LGBT, Pop Culture, Theory | Permalink | Comments (0)

Friday, March 5, 2021

Why March is National Women's History Month

Why March is National Women's History Month

the Education Task Force of the Sonoma County (California) Commission on the Status of Women initiated a “Women’s History Week” celebration for 1978.

The week March 8th, International Women’s Day, was chosen as the focal point of the observance....

In 1979, Molly Murphy MacGregor, a member of our group, was invited to participate in The Women’s History Institute at Sarah Lawrence College, which was chaired by noted historian, Gerda Lerner and attended by the national leaders of organizations for women and girls. When the participants learned about the success of the Sonoma County’s Women’s History Week celebration, they decided to initiate similar celebrations within their own organizations, communities, and school districts. They also agreed to support an effort to secure a “National Women’s History Week.

The first steps toward success came in February 1980 when President Carter issued the first Presidential Proclamation declaring the Week of March 8th 1980 as National Women’s History Week. In the same year, Representative Barbara Mikulski, who at the time was in the House of Representatives, and Senator Orrin Hatch co-sponsored a Congressional Resolution for National Women’s History Week 1981...

By 1986, 14 states had already declared March as Women’s History Month. This momentum and state-by-state action was used as the rational to lobby Congress to declare the entire month of March 1987 as National Women’s History Month. In 1987, Congress declared March as National Women’s History Month in perpetuity. A special Presidential Proclamation is issued every year which honors the extraordinary achievements of American women.

 

 

March 5, 2021 in Legal History, Pop Culture | Permalink | Comments (0)