Law Schools, Oy, Rudeness, Sexism, State Judges, State Judges Are Clowns, Women's Issues

A Law School Dean Turns A Judge's Sexist Snafu Into A Teachable Moment

A judge tells a woman lawyer that he thinks she would look good in leather. Oy.

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PACE LAW SCHOOL — EMAIL FROM DEAN DAVID YASSKY

From: Yassky, David
Sent: Friday, October 10, 2014 3:14 PM
To: Yassky, David
Subject: yesterday’s oral arguments

Students –

As you probably know, we hosted a panel of the Appellate Division, Second Department yesterday. The Court heard argument in seven cases. The attorneys were excellent – particularly, of course, a Pace Law graduate named Warren Roth, who argued compellingly in a disability benefits case – and the arguments were fascinating and instructive. There were dozens of takeaways. Professor Gershman observed that the questioning was intensely factual, which is often the case in oral argument. In class, we tend to talk more about principles of law, but in practice, judges, even appellate judges, are very interested in the facts of cases. When a lawyer can use those facts to persuade a judge that basic fairness favors the lawyer’s client, the judge’s analysis of the law is likely to follow. Overall it was a wonderful day. I am very grateful to our jurist-in-residence, Judge Daniel Angiolillo, and our Dean of Students, Angie D’Agostino, for arranging the visit.

At the same time, one unfortunate episode deserves comment. During one of the arguments, one of the judges remarked upon the appearance of the attorney arguing before him. The remark was plainly inappropriate, as the judge realized. After the session was over, the entire panel of judges called the attorney to apologize, and they apologized to me (on behalf of the Pace Law community) as well.

This, too, offers an opportunity for learning. We are not yet at a point where remarks like that never occur. It still happens that judges or other officials say things that can make women feel unwelcome in a courtroom or other professional settings. That is worth knowing. It is also worth knowing that such behavior is not acceptable, and indeed is generally not accepted – as the subsequent apologies demonstrate. These issues are important, and bear continued attention. I’ve asked Dean D’Agostino to organize a panel discussion on gender equality in the practice of law, and I hope you will make time to attend.

David

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