Women’s Issues

* For all you surprised by LeBron James, let me remind you: Cleveland is all about two non-consecutive stints. [Wikipedia]

* Speaking of basketball, Mitchell Epner takes his talents to CNBC to breakdown the 5 things he learned during the first week of the Donald Sterling trial. [CNBC]

* Who is the Litigator of the Week, per Litigation Daily? It’s Daniel Gitner of Lankler Siffert & Wohl because he became the first lawyer to beat the S.D.N.Y. U.S.A.O. in an insider trading case. Also because he’s awesome. Pardon me while I put on my LSW shirt. [The Litigation Daily (sub. req.)]

* Hey! Take a second to take our latest law firm survey. We really want your feedback on your perception. [Above the Law]

* “5 Reasons the Sleeping Yankees Fan’s Lawyer Should Be Disbarred.” Fair enough. [Internet on Trial]

* Will the EPA’s latest carbon rule survive judicial challenge? I would have said “no” but after Homer City… [Breaking Energy]

* Do blondes make more money? I guess that’s the trade-off with being the focus of revenge porn. [The Careerist / American Lawyer]

* Aereo is back. Sort of. [Comm Law Blog]

* A former Patton partner lost his new job at Pillsbury over the Chevron case. Could anybody have suffered more over this case? Oh, right, all the Ecuadorians. [Legal Times]

* While you weren’t looking, even fewer people took the LSAT. Obviously. [LSAC]

Judge Claudia Wilken

My father was appalled by the way in which school mascots were often feminized for the girls’ teams. My own high school mascot, the fearsome Blue Jay, became the Lady Jay when donned by someone with a uterus. It’s unclear whether he was spurred to such offense by an instinctual feminism or a deep pedantic streak. He had both.

I was reminded of my father while reading ESPN’s sister website, espnW. It’s sports news and infotainment packaged specifically for a woman’s sensibilities. I think it has something to do with pH balancing? At any rate, it’s an embarrassing ghetto maintained by ESPN and given prominent position at the bottom of their webpage, near other hot sections like “Ombudsman” and out of season X Games coverage.

Published in said ghetto this week was an article on why dumb women make the best decisions regarding multi-billion dollar sports enterprises. This is only a slight exaggeration…

double red triangle arrows Continue reading “Dumb Broad Judges Ruin Sports Best”

The Supreme Court released its opinion in Burwell v. Hobby Lobby on Monday, holding that the HHS contraception mandate violates an employer’s rights under the Religious Freedom Restoration Act, even when the employer is a for-profit corporation closely held by individuals who object to the mandate on religious grounds. Following the decision in McCullen v. Coakley, the abortion clinic buffer zone case, Hobby Lobby is the second case in a week where the Court told us how much each side of a fundamentally divided issue can ask of the other, under the law. They are hard cases to talk about without questioning the good faith or good sense of the other side. Nearly everyone thinks either Hobby Lobby or McCullen was a bad decision.

The only thing more frustrating than a bad high-profile Supreme Court decision may be the public’s response to any high-profile Supreme Court decision. For proof, one need only look as far as some of the tweets on SCOTUSblog’s Twitter feed….

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Last year at about this time, Justice Samuel Alito authored one of the most sneaky anti-woman decisions in recent memory. In Vance v. Ball State University, Justice Alito made it much more difficult for women to sue their employers for workplace harassment. At the time, I said it’s the kind of decision Chris Brown would be proud of, but on reflection, that may have been unfair to Chris Brown.

Today, Alito once again puts in the heavy lifting to make the world worse for working women. Apparently, in Alito’s world, it’s not only okay for employers to try to have sex with their female employees, they also get to regulate what medications they take…

double red triangle arrows Continue reading “Hobby Lobby And The True Gangsta Life Of Justice Alito”

Last week I wrote about the bar exam. This week I am hearkening back to happier times after first and/or second year of law school: fat paycheck, lunch out everyday, the life of a Biglaw summer associate. 

But maybe it isn’t quite the same experience for everyone….

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It’s not much of a secret that women are routinely paid less than their male counterparts in the United States — to the tune of about 20 percent. It’s such a non-secret that even those who call the gap a “myth” don’t actually deny it as much as say “who cares?” Which makes the word “myth” more of a PR move to sell a license to be a prick. Usually literally.

More of a secret is the fact that even bastions of self-described enlightenment participate in this system. For example, academia. A new report by research site FindTheBest discovered that some of the top universities in the country — most boasting law schools — systematically underpaid female faculty.

And one law school clocked a $44,000/year pay gap between male and female faculty, making it the second-worst offender in the study….

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‘This one is about being successful and having breasts… at the same time!’ – an anonymous Biglaw chair-elect’s babysitter

You have to have good child care. A good marriage is nice; great child care is indispensable.

Jami Wintz McKeon, the first female chair-elect of Morgan Lewis & Bockius, explaining “how she does it” during a speech at the 8th Annual Women’s Leadership Luncheon. By “it,” McKeon meant being a mother of four and being in charge of a 1,400-lawyer Biglaw firm at the same time.

When women in law aren’t being told how to dress and act appropriately, they’re busy watching their firms brag about their dedication to advancing women in the profession, while at the same time being constantly passed over for partnership promotions and leadership positions in favor of their male colleagues. That doesn’t seem fair, does it?

We’ve said it once, and we’ll say it again: “Biglaw lives to serve men, and in most cases, they are the ones claiming all of the power, the prestige, and most importantly, the money, while women are left in the dust.” At some large law firms, it’s a different story. Some firms offer women the chance to rise through the ranks to become major power players and to receive startlingly booming compensation — and rank among the most family friendly.

Thanks to the Women in Law Empowerment Forum (WILEF), we have a way to find out exactly which firms are on top when it comes to offering women attorneys the chance to perform on par with their male colleagues in terms of prestige and pay. Let’s check out the list…

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Usually, the pursuit of “work/life balance” is just a fight between management and labor. Occasionally, it’s an internal conversation where an employee’s desire to succeed professionally is pitted against his or her desire to succeed domestically. Of course, there are always the people who believe they can “have it all,” as if work/life balance can be reduced to checking a number of accomplishment boxes in the most brutally efficient way possible.

But occasionally, work/life balance becomes a battle ground for people to justify a number of “life” choices that have nothing to do with work.

That’s what we have here today. A memo went around one of the top firms in Manhattan from a woman claiming she needed an “I’m having a baby day” so she could go to a Katy Perry concert. Before I post it and open up the comments, I’m going to make some popcorn — that’ll give everybody some time to ramp up their outrage meters to 11…

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A recent study conducted by Maya Sen, a political scientist at the University of Rochester, and Adam Glynn, a government professor at Harvard, shows that judges who have at least one female child may be more likely to rule in favor of women in certain types of cases. The report “Identifying Judicial Empathy: Does Having Daughters Cause Judges to Rule for Women’s Issues?” finds that having at least one daughter corresponds to a 7 percent increase in the proportion of cases in which a judge will vote in a feminist direction. The study further finds that having one daughter as opposed to one son is linked to a 16 percent increase in the proportion of “gender-related cases decided in a feminist direction.” The study found the “daughter effect” was more dramatic in judges appointed by Republican presidents than in those appointed by Democrats.

Sen told the New York Times in a recent interview, “By having at least one daughter, judges learn what it’s like to be a woman, perhaps a young woman, who might have to deal with issues like equity in terms of pay, university admissions or taking care of children.” Sen and Glynn consider other causal explanations for their findings, but conclude that learning is the mechanism at play. For example, they rule out the possibility that parents of daughters feel compelled to rule in ways that would protect their female children Sen and Glynn saw an effect only in gender-related civil cases, not a conservative shift among gender-related criminal cases like sexual assault.

The problem with the study is not that the data are wrong. The problem is that too often those who use data like these mean to either exempt the judgments from moral consequence altogether or to praise particular judicial motivations that they happen to like. In the first instance, they justify legal realism with data, omitting any reflection on whether the observed effects can or should be minimized. They gloss over too the overwhelming number of cases that are decided by mundane, less-subjective methods. In the second variation, they celebrate the phenomenon as “empathy” with some results, while condemning it as “bias” in others . . . .

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