Monday, July 29, 2019
The Cleveland Plain Dealer has some recent articles highlighting Judge Florence Allen and calling for her recognition. Allen is colloquially known as "the first woman judge" as she was the first woman elected to a trial court of general jurisdiction (Cuyahoga County Court of Common Pleas, Cleveland), the first woman elected to a state supreme court (Ohio 1922), the first woman appointed to a federal appellate court (U.S. Court of Appeals for the Sixth Circuit, 1932), and the first woman shortlisted for the U.S. Supreme Court.
Andrea Simakis, Before RBG, A Cleveland Judge Made History
Allen is the subject of my current book project, "'A Manly Mind': Judge Florence Allen, The First Woman Judge." The book is an intellectual biography of this famous first, seeking to exploring her ideas, motivations, and jurisprudence. I've spent two years reviewing the historical and legal archives, and now am writing in earnest. A shorter journal article summarizing some of the findings from the research and on Allen's life will be forthcoming in the journal of the new Ohio Legal History Project, an initiative of the Ohio State Bar Foundation.
Florence Allen was an icon of the woman's suffrage movement as both an activist and an advocate. Her suffrage work led to her inclusion as one of the inaugural members of the Social Justice ParkSocial Justice Park, in Columbus, Ohio. Allen was a moderate, believing strongly in the nonpartisan nature of the judiciary, tempering her decisions with logic and reason, and searching within the system for a practical solution. She prided herself on hard work, logic and intellect, and rejected society's limited role for women.
Thursday, June 13, 2019
Why the ABA's New Rule Addressing Harassment and Discrimination is So Important for Women Working in the Legal Profession Today
Kristy D'Angelo-Corker, Don't Call me Sweetheart!:Why the ABA's New Rule Addressing Harassment and Discrimination is so Important for Women Working in the Legal Profession Today, 23 Hofstra L. Rev. 263 (2019)
Popular culture has recently shone a spotlight on the inequality and discrimination faced by women in many professions. With the “Me Too” and “Time’s Up” campaigns in full swing, it is clear that women are ready to fight to be respected and receive equal treatment. Although there are a plethora of news stories highlighting the issues that women are facing today, this Article will focus specifically on the effect of bias, prejudice, harassment, and discrimination against women in the legal profession. This discrimination and marginalization of women finds its way into law firms, courtrooms, and the corporate arena generally, and impacts not only the female attorneys and judges themselves, but also the clients and litigants that these women are serving. The American Bar Association (“ABA”), long committed to diversity and leading the professional legal community regarding “appropriate” conduct, has finally put an anti-discrimination, anti-harassment provision into effect to combat
discriminatory behavior on a national level.
This Article argues that although the ABA’s adoption of Resolution 109 to amend Rule 8.4 is a necessary first step to remedy the issues that women in the legal profession are currently facing, education and training initiatives must also be established. This training should take the form of Bias Training in law schools (as part of the Professional Responsibility requirements), in law firms, and as mandatory CLE requirements for practicing attorneys.
Tuesday, April 30, 2019
Registration Open: Second Annual Women’s Leadership in Academia Conference: July 18-19, 2019
Registration is open for the second annual conference on Women’s Leadership in Academia, to be held at UVA Law School on July 18-19, 2019. The conference is an event of the Women’s Leadership Initiative, which was developed with the goal of advancing women professors, librarians and clinicians in leadership positions in the legal academy. Conference programming is focused on building skills and providing tools and information that are directly applicable to women aspiring to be leaders in legal education. The conference will address the unique perspectives and challenges of women and provide programming that will be useful to developing leaders. Along with panels and workshops, the conference will feature CV review and advising with recruiters. Travel scholarships are available. Early bird registration is open through May 31, and regular registration continues until the conference reaches full capacity. More information is available here. For questions, please contact Leslie Kendrick at firstname.lastname@example.org.
Call for Panel Proposals
We are currently accepting proposals for panels on issues relating to women in legal academia for the second annual Women’s Leadership in Academia Conference, to be held at UVA Law School on July 18-19, 2019. The conference will address the unique perspectives and challenges of women and provide programming that will be useful to developing leaders. Conference programming is focused on building skills and providing tools and information that are directly applicable to women aspiring to be leaders in legal education. Proposals should include a panel title, description, and proposed panelists. Selected panels will be notified by May 15, and panelists’ conference registration and travel costs will be covered. More information on the conference, including a link to provide panel proposals, is available here. Proposals are due by May 1, 2019. For questions, please contact Leslie Kendrick at email@example.com
Thursday, April 25, 2019
Jane Bambauer & Tauhidur Rahman, The Quiet Resignation: Why Do So Many Female Lawyers Abandon Their Careers?,
Thirty percent of female lawyers leave their careers. The same is true for female doctors. Over time, an increasing number of married professionals have recreated traditional gender roles, and society has lost a tremendous amount of training and well-honed talent as a result. Neither workplace discrimination nor family obligations can fully and satisfactorily explain the trend. Both of those theories assume that women take a more dependent and vulnerable position in the household because of constraints, but in one important respect, men are more constrained than women, and they are better off for it: to maintain social status, men have to work. Women do not.
This Article advances a theory and corroborating evidence that the cultural acceptance of female under-employment is a privilege in the abstract, but a curse in practice. Even under the best conditions, the early stages of professional careers involve mistakes, mismatches, and disappointments. An opportunity to escape the stress of the public sphere by focusing on the family may have great appeal in the short run even though the longrun consequences are severe. Asymmetric cultural acceptance creates an easy off-ramp for females, to nearly everybody’s detriment.
Wednesday, April 3, 2019
Shortlisting Women Creates the Appearance of Gender Diversity, But Maintains the Status Quo of Exclusion
Professor Renee Knake is on a mission to expose the increasing trend of women being shortlisted—i.e. qualified for a position but not selected from a list, a phenomenon that creates the appearance of diversity but preserves the status quo.
Speaking ahead of her keynote at The Legal Festival in Sydney in June, Prof. Knake says that leadership in the legal sector does not reflect the public it serves, even though women have entered law in numbers equal to men for decades.
“This phenomenon often happens with any pursuit of professional advancement, whether the judge in the courtroom, the partner in the corner office, or the coach on the playing field. Women, and especially female minorities, regularly find themselves equally or more capable than the other candidates on the shortlist, but far less likely to be chosen.”
The legal profession should reflect the diversity of the public it serves, argues Prof. Knake, who currently holds the Fulbright Distinguished Chair in Entrepreneurship and Innovation at RMIT University and is also the Doherty Chair in Legal Ethics at the University of Houston. “Having diverse representation is important for institutional legitimacy and the credibility of rule of law and access to justice.”
Tuesday, April 2, 2019
Ashley Badesch, Lady Justice: The Ethical Considerations and Impacts of Gender Bias and Sexual Harassment in the Legal Profession on Equal Access to Justice for Women, 31 Georgetown J. Law & Ethics 497 (2018) [Westlaw link only]
Over twenty-five years ago, the American Bar Association (ABA) adopted a recommendation resolving to take action on the problem of sexual harassment in the workplace and legal profession. The report, compiled by the ABA Commission on Women in the Profession, was released in the wake of Anita Hill's testimony during the Supreme Court confirmation hearings for Justice Clarence Thomas. These hearings sparked public debate about sexual harassment as a “matter of national concern” for the first time. Failed attempts to adopt an anti-bias amendment to the Model Rules of Professional Conduct punctuated the following two decades of limited progress in reducing issues of gender bias and sexual harassment. Then in August of 2016 advocates for efforts to increase inclusivity and prevent bias and discrimination in the practice of law toward women, minorities, and other groups garnered long-awaited progress with the American Bar Association's August 2016 adoption of Model Rule 8.4(g).Model Rule 8.4(g) makes it professional misconduct for a lawyer to “engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status in conduct related to the practice of law.” Comment  expounds upon *498 the meaning of discrimination and harassment within the rule, indicating that “discrimination includes harmful verbal or physical conduct that manifests bias or prejudice towards others,” while “harassment includes sexual harassment and derogatory or demeaning verbal or physical conduct ... [such as] unwelcome sexual advances, requests for sexual favors, and other unwelcome verbal or physical conduct of a sexual nature.” The rule's comments point to substantive discrimination and harassment law as a guide for applying Rule 8.4(g) in the disciplinary context.States are currently considering whether to adopt 8.4(g) against a backdrop of unprecedented national media attention on sexual harassment in the workplace. In October of 2017, the New York Times broke an explosive story detailing decades of allegations of sexual harassment and assault against the powerful Hollywood producer Harvey Weinstein,igniting the viral “#MeToo” hashtag that took social media by storm. The ensuing flood of accusations against famous and powerful men across industries has brought the issue of sexual harassment under greater national scrutiny than ever before. Initial skepticism as to the significance and staying power of the “#MeToo moment” has been answered with a daily news cycle in which prominent figures are losing their careers and credibility within the media, entertainment industry, and political world as a result of allegations of misconduct. Whether this becomes a true watershed moment in our culture depends upon how the shifting understanding of what constitutes sexual harassment and how it should be addressed becomes codified into workplace codes of conduct, corporate governance, and the law.
Tuesday, March 5, 2019
By Women. For Women.
This conference provides career guidance and professional development growth to women attorneys and other professionals at all stages of their careers and brings together powerful decisionmakers from Massachusetts, Alaska, Canada, California, Illinois, New York, Washington, DC, and beyond.
We emphasize practical, useful information to take away from the full day's programming to further develop your career.
- Top-notch panels, breakout sessions and speed mentoring with high level practitioners.
- Learn how to position yourself to take the leap into a power role and be inspired by our expert panelists as they touch on topics such as civil rights, pay equity, economic and social justice, and best practices for advocacy.
- Network, network, network – whether you want to advance where you are or move to a new opportunity, this is a great space to network for that next step
CEO, Champion Women
Advocacy for Girls and Women in Sports
Nancy Hogshead-Makar is an Olympic champion, a civil rights lawyer, and CEO of Champion Women, a non-profit providing legal advocacy for girls and women in sports. Focus areas include equal play, such as traditional Title IX compliance in athletic departments, sexual harassment, abuse and assault, as well as employment, pregnancy and LGBT discrimination within sport.
In December, the American Bar Association (ABA) included Nancy Hogshead-Makar in its ABA Lawyers Who Inspired Us in 2018 list.
FEATURED GUESTS INCLUDE:
Debra S. Katz
Partner, Katz, Marshall & Banks
Kristen M. Gibbons Feden
Associate, Stradley Ronon Stevens & Young
Kristen Gibbons Feden is an associate in the Philadelphia office of Stradley Ronon Stevens & Young, where she concentrates her practice on general and complex commercial litigation, employment discrimination, SEC enforcement, internal investigations, Title IX compliance and corporate compliance. Prior to joining Stradley Ronon, Kristen was Assistant District Attorney in the Trials Division of the Montgomery County District Attorney’s Office. Her most notable case was Commonwealth v. William H. Cosby, where she played a critical role in the first trial, which resulted in a hung jury, and the second trial where a conviction was attained. In September 2018, Kristen was honored with a Leadership Award by the Victim Rights Law Center (VRLC). Past VRLC Leadership Awardees include: Gloria Steinem, Professor Anita Hill, Congresswoman-elect Ayanna Pressley, MA Attorney General Martha Coakley and actress and activist Ashley Judd.
Thursday, February 14, 2019
From the archives of Judge Florence Allen. Allen was the first woman judge elected to a state supreme court (Ohio in 1922), appointed to a US Court of Appeals (6th Circuit), and shortlisted for the US Supreme Court. She saved this card sent to her from friends.
Friday, February 1, 2019
Taja-Nia Y. Henderson, "I Shall Talk to My Own People": The Intersectional Life and Times of Lutie A. Lytle, 102 Iowa L. Rev. 1983 (2017).
In the fall of 1898, the Chicago Tribune hailed Lutie A. Lytle of Topeka as the “only female law instructor in the world.” Notwithstanding this purported shattering of the legal academy’s glass ceiling, Lytle’s accomplishments—her path to the professoriate, and her career in the years following her appointment to the faculty of a Nashville law school—have been largely lost to historians of legal education. She is not among those honored or commemorated by our profession, and her name is largely unknown beyond a small circle of interest. The biographical sketch that follows fills this scholarly gap through an examination of Lytle as a historical figure, using contemporary newspaper accounts and other primary source material to provide context for her achievements and linking her life to previously understudied legal, political and social movements.
As a genre, biography seeks to use the life of the individual to tell a larger story about the collective. Feminist biography—probably best understood as both subgenre and method—has the same goals, but moves gender “to the center of the analysis.” This methodology asks not only how gender as a social category has impacted the lives of historical actors, but also how the unequal distribution of power resulting from existing gender hierarchies has influenced epistemologies of scholarly inquiry.
A biographical sketch of Lutie A. Lytle, a woman coming of age in the second half of the nineteenth century, warrants such treatment. Lytle’s career in the law was certainly impacted by gender as she was among the earliest cadre of women lawyers in the nation. As a student, she was the only woman enrolled in the Law Department of Central Tennessee College. When she was appointed as an instructor at the College, moreover, she was the only woman among the law school’s faculty. As a woman of African descent born during Reconstruction, however, Lytle (and her story) “cannot be captured wholly by” a methodology that moves only gender to the center. The intersection (or overlap) of Lytle’s identities as a woman of color and the daughter of former slaves requires that gender and race (and arguably, status and class) move to the center. In other words, a biographical sketch of Lytle’s life cannot privilege gender in isolation; it must also grapple with the persistence of race, racism, and the myriad legacies of chattel slavery in the subject’s world.
J. Clay Smith, Jr., Rebels in Law: Voices in History of Black Women Lawyers
Black women lawyers are not new to the practice of law or to leadership in the fight for justice and quality. Black women formally entered the practice of American law in 1872, the year that Charlotte E. Ray became the first black woman to graduate from an American law school. Rebels in Lawintroduces some of these women and through their own writing tells a compelling story about the little-known involvement of black women in law and politics. Beginning with a short essay written in 1897, the writing collected by J. Clay Smith, Jr., tells us how black women came to the practice of law, the challenges they faced as women and as blacks in making a place for themselves in the legal profession, their fight to become legal educators, and their efforts to encourage other black women and black men to come to the practice of law.The essays demonstrate the involvement of black women lawyers in important public issues of our time and show them addressing the sensitive subjects of race, equality, justice and freedom. Drawing together many writings that have never been published or have been published in obscure journals or newspapers, Rebels in Law is a groundbreaking study. In addition, it offers historical background information on each writer and on the history of black women lawyers. Providing an opportunity to study the origins of black women as professionals, community leaders, wives, mothers, and feminists, it will be of interest to scholars in the fields of law, history, political science, sociology, black studies and women's studies.
Thursday, January 17, 2019
The Ginsburg Tapes is a podcast about Ruth Bader Ginsburg’s oral arguments in the Supreme Court—before she became #NotoriousRBG.
Specifically, from 1972-1978, Ginsburg argued six cases in the Supreme Court. In each case, she and the ACLU Women’s Rights Project brought constitutional challenges to laws treating men and women differently. Ginsburg’s goal was to show the ways in which laws which seemed on their face to benefit women actually perpetuated stereotypes and held women back from full participation in American life.
For all six cases, Lauren breaks down the real recordings of the oral arguments. The tapes allow listeners to be a fly on the wall, to teleport to that moment in history. Listeners can hear Ginsburg make her case, and listen to reactions from the all-male Supreme Court. You’ll hear from liberal icons like Justice Thurgood Marshall and Justice William Brennan, and conservative icons like Chief Justice Warren Burger and then-Justice William Rehnquist, as they grapple out loud with what the Constitution means. In each episode, Lauren talks about history, effective advocacy, constitutional change, the power of the Supreme Court, and gender equality.
Laura Oren, No-Fault Divorce Reform in the 1950s: The Lost History of the "Greatest Project" of the National Association of Women Lawyers, 36 Law & History Review 847 (2018)
This Article is about the lost history of a campaign by the National Association of Women Lawyers (NAWL) to achieve uniform no-fault divorce law reform in the United States. In one form or another, NAWL has existed continuously since before 1911, when it began to publish the Women Lawyers Journal. From its Progressive era origins until today, NAWL has pursued a women's rights agenda within a professional framework.Although prior to ratification of the Nineteenth Amendment in 1920 women's suffrage was a key issue for the women lawyers, even then it was far from the only one. Both before and also after suffrage, the Journal reflected the wide-ranging interests of NAWL members, such as legal doctrines in many areas of practice (including divorce), the education of female lawyers, the advancement of women in the profession and in society, and the protection of women and children. From the 1930s through the 1950s, NAWL also played an active role in two postsuffrage women's rights struggles, the campaigns for female jury service and for the Equal Rights Amendment (ERA).This history makes it particularly interesting that when the organization undertook what its own chronicler described as “the greatest project NAWL has ever undertaken,” it was about divorce law. In 1947, *849 NAWL voted “to draft and promote a bill that would embody the ideal of no-fault divorce.” Instead of the contortions and invitation to perjury in the existing patchwork of fault-based divorce statutes, NAWL sought a uniform model act that would check the evils of migratory divorce and promote national uniformity. It would reflect a more contemporary understanding of the complex causes of marital breakdown, it would operate in the modern spirit of conciliation, and it would be “therapeutic” in its procedure. Despite their belief in its innovative nature, the women lawyers later insisted that the bill that they had designed was “not as revolutionary as appears at first glance.” In their view, it was “new chiefly in its attitude and treatment of divorce and in the ‘therapeutic approach’ which has been adopted.” “Otherwise,” they said, “the Bill represents a restatement of the best case law and statutory law to be found throughout the forty-eight states.”After NAWL formally approved its model bill in 1952, the women lawyers sought consideration for their proposed Uniform Divorce Act by the National Conference of Commissioners on Uniform State Laws (NCCUSL). The conference, an influential private body of distinguished members of the legal profession devoted to developing and promoting uniform model acts for the states to adopt, refused to consider the NAWL proposal unless it was submitted by a section of the American Bar Association (ABA). It took years for NAWL to overcome that hurdle by successfully leading the way to the establishment of the Family Law Section of the ABA. Even when NAWL finally was able to submit its proposal, however, NCCUSL continued to bypass the women lawyers and their bill.The lost history of NAWL's greatest project intersects with three historical inquiries about the 1950s. It interrogates narratives about (1) the history and state of divorce law at that time, (2) the alleged culture of “domesticity” in the decade, and (3) the continuity of women's movement activism in the so-called “doldrums” years. Although there are extensive historical literatures in each of these three areas, to date there has been *850 no scholarly study of NAWL's “no-fault” divorce reform proposal or of NAWL's role as an activist professional and women's rights organization. This article recovers NAWL's lost history and explores how it fits into the gaps.
Wednesday, November 28, 2018
Stanford Law School Launches the American Bar Association’s Women Trailblazers in the Law Website
Stanford Law School’s Robert Crown Law Library has launched a new site for the American Bar Association’s (ABA) oral history project entitled “Women Trailblazers in the Law” (WTP). The website offers open access to the oral histories of close to 100 senior women who have made important contributions to the law and have opened opportunities for other women in the profession.
In the last half-century or more, women in law have made huge strides, many of them making history by attending law school, sometimes as the only female in their class, and succeeding in the profession against the odds. Brooksley Born, JD ’64 (BA ’61), and Linda Ferren, WTP Director and Executive Director of the Historical Society of the District of Columbia Circuit, set out to capture the stories of these remarkable women when they initiated the Women Trailblazers in the Law Project, a collaborative research project of the ABA and the American Bar Foundation, an independent, non-partisan, non-profit research institute for the study of law."
“By opening opportunities for women in the legal profession and in many cases using their skills to further women’s legal rights, these women made significant contributions to the equality of all women that must not be forgotten,” said Born, chair of the ABA Senior Lawyers Division WTP Committee, whose own story is included in the collection. Born was the first woman president of the Stanford Law Review and went on to have a successful legal career including serving as chairperson of the Commodity Futures Trading Commission from 1996 to 1999.
According to Linda Ferren, “Our goal from the start was to turn a spotlight on women who, because of their gender, had to struggle to secure a foothold in the legal community just a few decades ago.” * * *
WTP captures the full-life oral histories of women pioneers in the legal profession nationwide, memorializing their stories in their own voices and preserving their experiences and observations for future generations. . . . A book based on the collection, Lives in the Law: Stories from Trailblazing Women Lawyers, by Jill Norgren, was published last May by New York University Press.
The WTP collection is now housed at the Robert Crown Law Library at Stanford; two other WTP repositories are the Library of Congress and the Schlesinger Library at Harvard. The new WTP website allows easy online access to the collection and resources and will focus on long-term preservation of print and digitized WTP content. In addition, the oral histories have been added to the Stanford Digital Repository.
“The goal of the Stanford Law Library with this project has been to enhance public access to and discoverability of these important oral histories, not just for the benefit of law students and legal scholars, but also for anyone interested in the rich history of these trailblazing women,” said Beth Williams, senior director of the Robert Crown Law Library.
Click here for access to the WTP website: https://abawtp.law.stanford.edu.
Wednesday, October 17, 2018
On the website Etsy, which sells crafts and vintage items, typing “Ruth Bader Ginsburg” into the search bar yields more than 1,000 results.
You can buy a birthday card with the associate justice’s image and the phrase “small and mighty” written in pink. There’s also a tank top bearing her stern visage and “I dissent” written underneath. There are posters of her as Rosie the Riveter, peg dolls of her in full judicial regalia and even prayer candles portraying her as “the Patron Saint of the Supreme Court.”
If Etsy isn’t your thing, you can find a Ginsburg action figure on Kickstarter, complete with gavel, pointing finger and her “iconic jabot,” a frilly, fancy-looking collar perfect for making “fashion and judicial statements.” The initial funding goal was $15,000. As of September, it had raised well over $600,000. “She is a rock star. She is an inspiration. She is constantly fighting. She is brilliant and fearless,” the introductory video to the Kickstarter page states. “She is an icon.”
The items aren’t all kitschy. There are plenty of posters, coffee mugs and shirts featuring inspirational and even strident quotes from her speeches and opinions. One oft-used line came from an interview she gave shortly after Sonia Sotomayor was nominated to the Supreme Court in 2009: “Women belong in all places where decisions are being made.” Another popular one for product designers is: “Fight for the things you care about.”
That latter quote was from a 2015 luncheon at the Radcliffe Institute for Advanced Study at Harvard University in Justice Ginsburg’s honor. Oftentimes, these products will leave off the last part of Ginsburg’s sentence, which was “but do it in a way that will lead others to join you.” That outlook may explain why Ginsburg has become a cottage industry, generating countless products—none of which she has likely endorsed but has often been a good sport about.
And that’s just the tip of the iceberg. There is a music album inspired by her life story. There are websites and memes that celebrate her jurisprudence, her fiery dissents and her dedication to civil rights, gender equality and social justice. There’s even a recent documentary and an upcoming Hollywood film chronicling her long and storied career as a litigator fighting on behalf of gender equality.
Wednesday, October 10, 2018
Work-life balance is often pegged as the reason women leave traditional law firms. But for the growing number of women establishing their own firms, their departure is often rooted more deeply in gender inequality in the profession than in raising children or having more free time.
“If women were feeling valued, were getting properly rewarded for their efforts, were getting their fair share and it wasn’t a constant struggle to get your origination credit, and feel you are part of the team—then you would stay,” said Nicole Galli, who in 2017 co-founded a trade association, Women Owned Law, which has already grown to 200 members.***
By founding their own firms, women are crafting new game rules that provide for fair compensation, equal promotions, full inclusion and better career development opportunities.
“There are women further along in their careers—partners in firms—who’ve done everything ‘right.’ They leaned in. They figured out the work-life balance, as it is. They made it to a measure of objective success. They have books of business. They have clients. It’s still death by a thousand paper cuts. It’s still a struggle,” said Galli, managing partner in the Law Offices of N.D. Galli in Philadelphia.
Data shows a mass exodus of female attorneys who leave traditional firms before they reach the upper echelon. The National Association of Women Lawyers found in a 2017 survey that women make up 46 percent of associates but just 30 percent of non-equity partners. Only 19 percent of equity partners are women, the American Bar Association’s Commission on Women in the Profession reported in January.
Wednesday, October 3, 2018
Jill Lepore, Ruth Bader Ginsburg's Unlikely Path to the Supreme Court, New Yorker
God bless Ruth Bader Ginsburg, goats, bobbleheads, and all. But trivialization—R.B.G.’s workout tips! her favorite lace collars!—is not tribute. Female heroes are in short supply not because women aren’t brave but because female bravery is demeaned, no kind more than intellectual courage. Isn’t she cute? Ginsburg was and remains a scholar, an advocate, and a judge of formidable sophistication, complexity, and, not least, contradiction and limitation. It is no kindness to flatten her into a paper doll and sell her as partisan merch.
Doing so also obscures a certain irony. Ginsburg often waxes nostalgic about her confirmation hearings, as she did this September, when, regretting the partisan furor over Brett Kavanaugh—even before Christine Blasey Ford came forward—she said, “The way it was was right; the way it is is wrong.” The second of those statements is undeniably and painfully true, but the first flattens the past. What Biden was getting at, in 1993, was what the President himself had said, dismissing the idea of nominating Ginsburg when it was first suggested to him. “The women,” Clinton said, “are against her.” ***
And so when Clinton, eager to please, entertained names proposed by women’s groups, he learned that some of them refused to support Ginsburg, because they were worried that she might be willing to overturn Roe (which is not what she had written, but one gathers that the Madison Lecture was more often invoked than read). At one point, Clinton asked Senator Daniel Patrick Moynihan to suggest a woman. “Ruth Bader Ginsburg,” Moynihan answered. “The women are against her” was the President’s reply. Moynihan called Martin Ginsburg and said, “You best take care of it.
Thursday, September 27, 2018
One of the world's top judges says female judges improve the quality of judicial decisions.
And she admits, in an exclusive New Zealand interview with the Herald, it may be viewed as a "controversial" comment.
I was one of only six [female] law school students," the 73-year-old said.
"At that stage the first woman High Court judge in England had only just been appointed."
However, she said courts still don't have enough women serving on the bench.
"This is the most controversial," she went on to say. "Do women make different decisions from men? To which the answer is, having women on the court improves the quality of decision making," she said.
"It improves the quality of debate, it makes certain things much more difficult to say and do, counters sub-conscious biases, we all have them ... and just from time to time, having a woman's voice on a decision makes a difference."
She explained a woman's life experience allowed for better decision-making.
Meg Penrose, The Way-Pavers: Eleven Supreme Court-worthy Women, Harvard J. Law & Gender (online) (July 2018)
Four women have served as associate justices on the United States Supreme Court. Since the Court’s inception in 1789, more than 160 individuals have been nominated to serve as Supreme Court justices. Five nominees, or roughly 3 percent, have been women. To help put this gender dearth in perspective, more men named “Samuel” have served as Supreme Court justices than women. Thirteen U.S. presidents have each nominated more people to the Supreme Court than the total number of women that have served on the Court. Finally, there are currently as many Catholics serving on the Supreme Court as the number of women confirmed in the Court’s entire history.
Women, once thought of as “one-at-a-time-curiosities” on the bench, now constitute nearly one-third of all state and federal judges. They occupy the highest posts on state supreme courts and can be found, in similar numbers, at the trial and appellate levels. If we limit our consideration to the current Supreme Court, women held one-third of the seats on our Supreme Court at the time of Justice Kennedy’s 2018 retirement. Yet, this number is deceptive since women on the highest court is a modern phenomenon.
Qualified women have been available for selection for many years—long before Justice Sandra Day O’Connor became the first woman on the Supreme Court, or FWOTSC, as she refers to herself. It was not until a 1980 campaign promise by then-Governor Ronald Reagan to appoint the first female justice to the Supreme Court that a woman broke one of our government’s last gender barriers. Presidents prior to that time were complicit in allowing male members of the Court, among other influences, to stave off appointments of well-qualified women. So, women waited. But now, women account for four of the last thirteen Supreme Court appointments and five of the past seventeen nominees. Clearly, the numbers are increasing.
This Essay presents the second scholarly ranking of female jurists deserving of a seat on the highest court in the land. The list celebrates eleven judicial way pavers: Ruth Bader Ginsburg, Sandra Day O’Connor, Sonia Sotomayor, Elena Kagan, Florence Allen, Constance Baker Motley, Shirley Huftstedler, Patricia Wald, Cornelia Kennedy, Harriet Miers and, Belva Lockwood. Each of these women is, or was, Supreme Court-worthy. Yet only four of them actually occupy or have occupied a place on the Court.
Thursday, September 20, 2018
Chao-Ju Chen, Catharine A. MacKinnon and Equality Theory in Robin West and Cynthia Bowman eds, Research Handbook on Feminist Jurisprudence (2018, Edward Elgar), Forthcoming
This chapter discusses Catharine A. MacKinnon’s theory of sex equality, its application as well as major strands of criticism. Beginning with a radical critique of liberal legalism, feminism and Marxism, MacKinnon conceived a hierarchy-centered theory of substantive equality, shifting the paradigm of equality thinking from questions of sameness and difference to the power structure of dominance and subordination. Drawing on feminist consciousness raising as method, her theory sees gender as an inequality and sexuality as the linchpin of gender inequality. It is also an engaged theory producing sex equality laws to address women’s sexual violations: sexual harassment as a legal injury and a form of sex discrimination; a harm-based civil-rights approach to pornography; an asymmetrical approach to the abolition of prostitution; and an inequality approach to rape as a gender-based crime. Against challenges from anti-essentialist and sex-positive critiques, MacKinnon’s theory embraces intersectionality as a method and pursues equality by resisting sexual oppression.
Monday, September 10, 2018
Justices Ginsburg, Sonia Sotomayor, Elena Kagan and their male colleagues saw fewer women arguing before them in the 2017-18 term, and the fewest to participate in oral argument in at least seven years.
During the recently completed term, there were 19 appearances at oral argument by women, or about 12 percent of the total 163 appearances, according to statistics kept by Kedar Bhatia for SCOTUSblog. (There were 113 different advocates who argued for parties or amici in the 63 argued cases, with several lawyers appearing more than once.)
The 12 percent figure was a steep drop from the previous term (2016-17), when 21 percent of appearances at oral argument were by women. In the previous five years to that term, the participation rate for women ranged from a low of 15 percent to a high of 19 percent.
“The thing that’s most disturbing to me is the consistency in the data,” says Jennifer Crystal Mika, an adjunct professor at American University’s Washington College of Law in the nation’s capital, who has studied the issue of female advocates before the high court. “There has never been much more than 20 percent female advocates over the last 20 years.”