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	<title>Concurring Opinions &#187; gender</title>
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		<title>On Female Privilege</title>
		<link>http://www.concurringopinions.com/archives/2011/11/on-female-privilege.html</link>
		<comments>http://www.concurringopinions.com/archives/2011/11/on-female-privilege.html#comments</comments>
		<pubDate>Thu, 10 Nov 2011 02:01:11 +0000</pubDate>
		<dc:creator>Kaimipono D. Wenger</dc:creator>
				<category><![CDATA[Feminism and Gender]]></category>
		<category><![CDATA[female privilege]]></category>
		<category><![CDATA[feminism]]></category>
		<category><![CDATA[gender]]></category>
		<category><![CDATA[male privilege]]></category>

		<guid isPermaLink="false">http://www.concurringopinions.com/?p=52668</guid>
		<description><![CDATA[<p>You mention male privilege in a blog post, and it&#8217;s inevitable:  Someone else (usually male) will start asking about female privilege.  If men have privilege, don&#8217;t women have privilege too?  And does that undercut the idea of male privilege as a type of gender subordination which is built into society?  (Because, the implication goes, we all have privilege &#8212; and so feminists should stop complaining about male privilege.)   </p>
<p>And, so, predictably, some critics of feminism, &#8220;men&#8217;s rights&#8221; blogs, and the like have assembled lengthy lists of female privilege.  (Women get their dates paid for &#8212; it isn&#8217;t fair!)  And it&#8217;s true that there are areas where, taken on a stand-alone basis, male and female treatment appears to [...]]]></description>
			<content:encoded><![CDATA[<p>You mention male privilege in a blog post, and it&#8217;s inevitable:  Someone else (usually male) will start asking about female privilege.  If men have privilege, don&#8217;t women have privilege too?  And does that undercut the idea of male privilege as a type of gender subordination which is built into society?  (Because, the implication goes, we all have privilege &#8212; and so feminists should stop complaining about male privilege.)   </p>
<p>And, so, predictably, some critics of feminism, &#8220;men&#8217;s rights&#8221; blogs, and the like have assembled <a href="https://www.google.com/search?q=female+privilege">lengthy lists of female privilege</a>.  (Women get their dates paid for &#8212; it isn&#8217;t fair!)  And it&#8217;s true that there are areas where, taken on a stand-alone basis, male and female treatment appears to favor women.  As we&#8217;ll see, I don&#8217;t think these areas really provide an analogue to male privilege.  </p>
<p>We&#8217;ll start with the obvious, descriptive matter:  Some areas exist in which women have some advantages.  For one obvious example, some bars offer free drinks to women on some evenings. (Ladies night.) Looked at in isolation, these could be viewed as areas of female privilege.  However, in context, it seems evident that this apparent female privilege fills one of two roles.<span id="more-52668"></span></p>
<p>First, in many cases, the alleged privilege is actually a thinly disguised direct benefit to men.  <em>Why</em> do women get free drinks on Thursday nights? Because many men see women as sexual objects. And so the apparent female privilege there is actually a smoke screen, to conceal the fact that women are being objectified and held out as bait to attract men to the bar, a script which is built on assumptions about male earning power, and norms of sexual interaction which cast men as subjects and women as objects.  <a href="http://www.salon.com/life/broadsheet/2010/09/03/ladies_night">Tracy Clark-Flory at Salon notes how this plays out</a>: </p>
<blockquote><p>The women of New York get to continue to enjoy “Ladies Night” specials, thanks to a judge who earlier this week struck down a lawsuit alleging that attempts to attract chicks with discounted drinks are unconstitutional. It’s a decision plenty will no doubt be toasting tonight — but I fail to see this as a victory for femalekind.</p>
<p>In the past, judges have ruled in similar cases across the country that “Ladies Nights” are A-OK. The legal argument is one thing — and a very complicated thing at that — but just how okay is it politically and philosophically?</p>
<p>Clubs promote drink discounts to attract more women — because that means more men will show up. I believe the technical term for this is: Sex sells.</p></blockquote>
<p>Commenter allgoodtees <a href="http://www.concurringopinions.com/archives/2011/11/harassment-male-privilege-and-jokes-that-women-just-dont-get.html">makes a similar point in an excellent comment</a>: </p>
<blockquote><p>Just about anything that can be put forth as so-called female privilege has roots in misogyny.</p>
<p>Commonly Cited Female Privilege: When custody arrangements are made during a divorce, rarely does a woman have to fight for the right to be with her children.</p>
<p>Misogynist Roots: Women have always been considered the primary caretakers of children, and are pressured from every side to do so to the point where men who are observed publicly tending to their own children are often asked if they’re “babysitting” them until their wife gets home. If men and women were equally considered to be caretakers, custody arrangements would more than likely be equally considered.</p>
<p>***</p>
<p>Commonly Cited Female Privilege: Women can be around large groups of young children and not be suspected of being a sexual predator.</p>
<p>Misogynist Roots: See above; if men and women were equally assumed to be caretakers of children, a man wanting to be involved with childrens’ activities (as anything other than “coach”) more than likely wouldn’t be viewed with suspicion.</p>
<p>***</p>
<p>This hurts men too, in very detrimental ways.</p>
<p>Commonly Cited Male Issue: Men are far more likely to commit suicide than women.</p>
<p>Misogynist Roots: “Big boys don’t cry”, “Man up” – Expressing emotions is something routinely coded as female (less than), so men are more likely to bottle them up and less likely to seek therapeutic help if bottling them up fails to work. If being emotional were a human thing instead of a woman thing, I’m willing to be those statistics would level out in time.</p>
<p>***</p>
<p>Commonly Cited Male Issue: Men are sexually assaulted, but there is far less attention paid because they are even less likely to report it than women.</p>
<p>Misogynist Roots: Because sexual assault is overwhelmingly a crime that happens to women at the hands of men, men who are raped have been “made the woman” (less than). Because of this, not only are they less likely to report it, but because of this attitude, they are less likely to be taken seriously by the police.</p>
<p>If men were truly concerned with raising awareness of this issue, the best way to do it would be to form their own organizations and fight for the recognition of this crime. They would seek out funding to form shelters for men who have been victims of sexual assault or domestic violence instead of routinely coming into discussions of the victimization of women and, politely or otherwise, ask that they be given equal consideration.</p>
<p>***</p>
<p>I think that covers a few of the bases.</p></blockquote>
<p>It&#8217;s a point that has been made before on feminist blogs, and I agree entirely.  It’s often the case that alleged female privilege merely repackages male privilege; the alleged benefits to women are extremely limited and subject to caveats, and don&#8217;t really help women very much.  </p>
<p>I&#8217;ll go further, though, because I don&#8217;t think that all instances of female privilege are so directly linked to patriarchy.  I think it&#8217;s possible that some instances of female privilege actually do award some benefits to women, without a direct and immediate tie to male privilege.  That is, I think that in some cases, we could say that female privilege is &#8220;real.&#8221;  But, as I&#8217;ll explain, I think those cases are probably even more pernicious.  </p>
<p>Let&#8217;s take an asserted case of female privilege &#8212; for instance, draft immunity &#8212; and assume arguendo that it is a real instance of privilege.  (I realize there are arguments that this is not a real privilege, but let&#8217;s assume it is for the moment.)  Why would a real female privilege exist in society, and what might it mean?  </p>
<p>First, an instance of female privilege would have significant potential masking effects on male privilege.  There are hundreds of examples of minor societal norms — men paying for the date, men taking the combat roles in the military — which potentially give a small tangible benefit to women.  These little trifles may create a perception that privilege is available to everyone:  &#8220;Men get some privileges, and women get others.  Hey, I guess it’s all just a wash!&#8221;</p>
<p>So the first negative consequence of a &#8220;real&#8221; female privilege would be to muddy or blunt arguments about male privilege.  (And we&#8217;ve seen it happen, on the recent male privilege post.)  This would be an incredibly misleading perception, because male privilege is the real prize, and any female privilege (such as it is) is a ragtag collection of shitty consolation prizes.  Women don’t get to be CEO or President or Senator or general — but hey, they get their dinner paid for on that date.  Go, female privilege!  And yet the existence of any potential privilege can be a distraction from the reality that every important real privilege is reserved for men. </p>
<p>So in fact, a &#8220;real&#8221; female privilege could be even more pernicious than an obvious false female privilege (like Ladies Night), because it could have this masking effect.  </p>
<p>It doesn&#8217;t stop there, though.  I think there&#8217;s an even worse effect, which is the real dark side of female privilege:  Female privilege (or the perception of it) is the primary reason used to convince women to buy in to and support the patriarchal system.  </p>
<p>If women as a group truly felt like they got nothing from the patriarchy, there would be revolution in the streets.  Women would not stand for a system that was stacked 100 to 0.  But when it&#8217;s stacked 90 to 10, suddenly there&#8217;s the possibility that women will start to feel _ownership_ of their small plot of land.  (Commenter PrometheeFeu compared it to a caste system, and that&#8217;s a great comparison.  If society can convince the subordinated group that they&#8217;re <em>lucky </em>and <em>blessed </em>to have the special caste privileges of the lower caste, they&#8217;re much less likely to fight the system.)  </p>
<p>Does it work?  Frighteningly well.  Because it turns out that many women don&#8217;t support feminism or gender equality.  In fact, they&#8217;re often the most active voices against equality.  Who opposed the ERA? Phyllis Schlafly, that&#8217;s who &#8212; a woman, and tens of thousands of other women who she mobilized.  Fast forward thirty years, and the same struggle plays out, as a surprisingly large number of women today decide that they would rather not be feminists.   </p>
<p>Why do women fight against gender equality?  There are a variety of reasons; but if you spend any time reading Phyllis Schlafly or Helen Andelin or their blog successors today, it seems clear that many women believe that feminism or gender equality will undermine their special role as women.  That is, they are attached to the benefits that their patriarchy-provided role provides &#8212; a type of cultural validation for some women who accept existing gender norms &#8212; and they don’t want feminists to take that away. </p>
<p>This desperate attempt to retain the perceived benefits of female privilege drives much of the (shockingly common) anti-feminist women’s writing.  (And given the overall power structure, it&#8217;s easy to understand the desperation that drives that kind of writing.  Members of subordinated groups may be understandably desperate to hang on to the few benefits that they do have &#8212; the things that they see as privilege.)</p>
<p>I have to think it would be different if we were selecting rights from behind a Rawlsian veil of ignorance.  Door number one is membership in a group with a 90%+ chance of being on the Supreme Court, a 100% chance of being President, a 90% chance of being CEO or major business leader, an overwhelming majority in generals and scientists and the wealthy and powerful.  Door number two is membership in a group that gets free drinks on Thursday, draft immunity, occasional compliments about being pretty, and affirmation and validation about the importance of the feminine role.  No one in their right mind would choose Door Number Two.</p>
<p>But that’s not how it goes. Instead, women are given a bundle of disadvantage at birth, with a few shiny trinkets thrown in, and then patriarchal institutions tell those women, “your feminine role as women is so special.” And many women &#8212; especially women who don&#8217;t work or go to school, and so may lack some other common avenues of validation &#8212; buy into that idea. And like the prisoners in Plato’s cave, they will then fight to the death against their own liberation.</p>
<p>Female privilege, if it exists, is a ragtag combination of consolation prizes to keep the women quiet and content in a system which subordinates them.  Real power remains in the patriarchal power structure. The existence of possible female privilege in areas like the draft doesn’t disprove this; the pitifulness of female privilege simply reinforces the original point.</p>
<p>Meanwhile, female &#8220;privilege&#8221; is employed as a tool to keep women from challenging their own subordination. And it&#8217;s frighteningly effective.</p>
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		<title>Harassment, male privilege, and jokes that women just don&#8217;t get</title>
		<link>http://www.concurringopinions.com/archives/2011/11/harassment-male-privilege-and-jokes-that-women-just-dont-get.html</link>
		<comments>http://www.concurringopinions.com/archives/2011/11/harassment-male-privilege-and-jokes-that-women-just-dont-get.html#comments</comments>
		<pubDate>Tue, 08 Nov 2011 22:14:12 +0000</pubDate>
		<dc:creator>Kaimipono D. Wenger</dc:creator>
				<category><![CDATA[Blogging]]></category>
		<category><![CDATA[Feminism and Gender]]></category>
		<category><![CDATA[Civil Rights]]></category>
		<category><![CDATA[feminism]]></category>
		<category><![CDATA[gender]]></category>
		<category><![CDATA[harassment]]></category>
		<category><![CDATA[male privilege]]></category>
		<category><![CDATA[online discussion]]></category>

		<guid isPermaLink="false">http://www.concurringopinions.com/?p=52624</guid>
		<description><![CDATA[<p>A familiar theme comes up frequently in internet discussions:  Women who complain about online harassment are just missing the joke.  </p>
<p>As an initial descriptive matter, it&#8217;s pretty clear that women and men are often treated differently in online discussion.  (Quick, name a case in which someone was harassed online.  Was the person you thought about a woman?  I thought so.)  </p>
<p>A few months ago, John Scalzi noted that:</p>
<p>In my experience, talking to women bloggers and writers, they are quite likely to get abusive comments and e-mail, and receive more of it not only than what I get personally (which isn&#8217;t difficult) but more than what men bloggers and writers typically get. I think bloggers who focus on certain subjects [...]]]></description>
			<content:encoded><![CDATA[<p>A familiar theme comes up frequently in internet discussions:  Women who complain about online harassment are just missing the joke.  </p>
<p>As an initial descriptive matter, it&#8217;s pretty clear that women and men are often treated differently in online discussion.  (Quick, name a case in which someone was <a href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1271900">harassed</a> <a href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1352442">online</a>.  Was the person you thought about a woman?  I thought so.)  </p>
<p>A few months ago, <a href="http://whatever.scalzi.com/2011/08/31/the-sort-of-crap-i-dont-get/">John Scalzi noted that</a>:</p>
<blockquote><p>In my experience, talking to women bloggers and writers, they are quite likely to get abusive comments and e-mail, and receive more of it not only than what I get personally (which isn&#8217;t difficult) but more than what men bloggers and writers typically get. I think bloggers who focus on certain subjects (politics, sexuality, etc) will get more abusive responses than ones who write primarily on other topics, but even in those fields, women seem more of a target for abusive people than the men are. And even women writing on non-controversial topics get smacked with this crap. I know knitting bloggers who have some amazingly hateful comments directed at them. They’re blogging about knitting, for Christ&#8217;s sake. . . </p>
<p>I can contrast this with how people approach me on similar topics. When I post photos of processed cheese, I don&#8217;t get abused about how bad it is and how bad I am for posting about it. People don&#8217;t abuse me over my weight, even when I talk explicitly about it. I go away from my family for weeks at a time and never get crap about what a bad father that makes me, even though I have always been the stay-at-home parent. Now, it&#8217;s true in every case that if I did get crap, I would deal with it harshly, either by going after the commenter or by simply malleting their jackassery into oblivion. But the point is I don&#8217;t have to. I&#8217;m a man and I largely get a pass on weight, on parenting and (apparently) on exhibition and ingestion of processed cheese products. Or at the very least if someone thinks I&#8217;m a bad person for any of these, they keep it to themselves. They do the same for any number of other topics they might feel free to lecture or abuse women over.</p>
<p><em>It&#8217;s this sort of thing that reminds me that the Internet is not the same experience for me as it is for some of my women friends</em>.  (Emphasis added.)  </p></blockquote>
<p>That bears repeating:  The Internet is not the same experience for men as it is for women.  (No wonder women are <a href="http://www.nytimes.com/2011/01/31/business/media/31link.html?_r=1">numerically underrepresented in prominent internet discussion spaces</a>.)  </p>
<p>Why is the internet a different place for men than for women?  There are doubtless a number of contributing causes, but one of the major factors is that the internet is largely a male-constructed discursive space, and internet discussion norms often build on assumptions of male privilege.  <span id="more-52624"></span></p>
<p>Men build discursive spaces and discursive norms based on their own experience.  And for instance, in a male-built discursive space, a threat of sexual violence may be viewed by male participants as an obvious joke.  After all, the vast majority of men will never experience sexual violence in their lifetime.  (Fewer than 4% of men will be sexually assaulted.)  And so within the context of a male discussion on a World of Warcraft forum, for instance, it may seem entirely innocuous to use ideas of sexual violence to express one&#8217;s views on the game, or to use &#8220;rape&#8221; as a verb to describe one&#8217;s gameplay skills.  </p>
<p>Women as a group have a vastly different experience with the idea of sexual violence.  <a href="http://www.rainn.org/get-information/statistics/sexual-assault-victims">One in six women will be a victim of sexual assault during her lifetime</a>.  (Yes, some men are also sexual assault victims.  But the numbers are overwhelmingly female &#8212; about 90% of sexual assault victims are women.)  Rape is not an abstract idea or an obvious joke.  For thousands of women, it is an immediate and extremely painful reality.  </p>
<p>At one point during class I was talking about male privilege, and one student asked me to explain.  He noted that he is a man and he doesn&#8217;t feel particularly privileged.  In response, I noted my own privilege:  &#8220;When I leave the building late at night, I don&#8217;t give a second thought to my safety as I walk to my car.  If it&#8217;s ten at night, if it&#8217;s dark, I just assume that I&#8217;ll be fine.  But for many women, there is a constant thought process:  Do I find someone to walk me to my car?  Is it safe at this hour?  What are my options?&#8221;  And then I asked, &#8220;who has gone through that train of thought recently?,&#8221; and <em>every woman in the class raised her hand</em>.  And then they told stories:  About avoiding parts of town; about setting their schedule in certain ways; about making sure that they had someone to walk them out; about being on their guard, all the time.  The need to guard against the possibility of sexual assault is simply not part of most men&#8217;s everyday thought process, while it is a major part of many women&#8217;s everyday lived experience.  </p>
<p>And the fact that as a man I don&#8217;t have to spend mental energy thinking about protecting myself from sexual assault is itself part of male privilege.  One part of male privilege is that you never have to notice the ways in which you benefit from male privilege.  </p>
<p>The same goes for statements about violence in general.  In a male-dominated discursive space, it may be viewed as normal to make aggressive, threatening statements.  However, men&#8217;s and women&#8217;s experiences with violence are also vastly different.  <a href="http://www.dvrc-or.org/domestic/violence/resources/C61/">One in four women in the United States has been a victim of domestic violence</a>.  Suddenly, the joke about wanting to punch somebody else isn&#8217;t so funny.  </p>
<p>Women face these kinds of <a href="http://microaggressions.com/">microaggressions</a> on a daily basis, in all sorts of environments ranging from the workplace to the public sphere.  And they seem to be especially prevalent (surprise) in discursive spaces built by and dominated by men.  (It&#8217;s true that not all women struggle to express themselves in male-built discursive spaces, and some women develop real facility for the kind of bullying that sometimes passes for dialogue on the internet.  But, as <a href="http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=463718">Danielle&#8217;s work makes clear,</a> many don&#8217;t.)  </p>
<p>And then when someone (almost always female) stands up against the male-constructed discursive norms in which threats of violence and sexual violence can be characterized as merely a joke, she is attacked for being oversensitive.  These attacks are another instance of denying of the reality of women&#8217;s experiences.  Male commenters discount women&#8217;s experiences as irrelevant if when those experiences don&#8217;t conform to male discussion norms.  Feminist blogs have a term for this:  <a href="http://shakespearessister.blogspot.com/2010/01/it-looks-like-were-going-to-have.html">Mansplaining</a>, where a male interlocutor explains to a female writer that she ought to ignore her own experience and bow before his superior wisdom.  </p>
<p>This discounting of women&#8217;s experience echoes equally problematic discussions that happen in the political arena, where male writers incredibly feel comfortable opining that<a href="http://www.slate.com/articles/news_and_politics/jurisprudence/2011/11/herman_cain_s_conservative_defenders_are_going_totally_overboard.html"> sexual harassment probably doesn&#8217;t even exist, it&#8217;s all just something made up by overreacting women</a>.  For instance, here&#8217;s a <a href="http://www.nationalreview.com/corner/282007/first-thing-we-do-john-derbyshire">direct quote from prominent male conservative writer John Derbyshire</a>:  &#8220;Is there anyone who thinks sexual harassment is a real thing? Is there anyone who doesn&#8217;t know it’s all a lawyers&#8217; ramp, like &#8216;racial discrimination&#8217;? You pay a girl a compliment nowadays, she runs off and gets lawyered up.&#8221;  Yes, Derbyshire is arguing that sexual harassment does not exist.  Of course, this is a topic about which he has a vanishingly small likelihood of having any personal experience, since sexual harassment is overwhelmingly targeted at women.  But I&#8217;ve never personally seen a zebra; therefore, they probably don&#8217;t exist.  </p>
<p>Male privilege on the internet &#8212; or <a href="http://www.concurringopinions.com/archives/2011/01/bright-ideas-chamallas-and-wriggins-on-the-measure-of-injury.html">in law</a>, or in society at large &#8212; isn&#8217;t going away any time soon.  But let&#8217;s call it out, and let&#8217;s label it for what it is.  When male interlocutors tell a female writer that she is overreacting and just isn&#8217;t getting the joke, they are speaking from a starting place of male privilege.  They are assuming that casual threats of violence are something which can easily be shrugged off, and are ignoring the vast difference between lived experiences of men and women in America.  And they are denying the reality of something which, in all likelihood, they don&#8217;t even understand.  </p>
<p><a href="http://whatever.scalzi.com/2011/09/06/shut-up-and-listen/">Which Scalzi explains well in a follow-up post</a>:  </p>
<blockquote><p>Underlying all of that is the basic set of advantages I get unearned by being what I am, i.e., a white male. I became aware of this fact only over time, by having this advantage set pointed out to me repeatedly by those who are not what I am. Which is a bad deal for those folks, to be sure — the highest life crisis of everyone else in the world is not, in fact, making the White Male understand what he gets unearned.</p>
<p>I suspect in my case it would have been even more work for the rest of the world if I hadn’t had the experience of growing up poor, which meant that every time I saw or read someone who’d never been poor expound obliviously on what was really going on with poor people, I had to fight back the urge to beat them to death with a hammer. The experience of having to deal with people wealthsplaining poverty, and then trying to get them to listen to someone who had spent actual time in poverty, made it possible for me to more easily conceptualize the idea there were lots of subjects about which I had great potential to show my ass simply by opening my mouth.</p></blockquote>
<p>There are more things in heaven and earth, Horatio, than are dreamt of in your philosophy.  So sit back.  Calm down.  Pay attention.  Take notes.  Learn.  And stop denying the reality of women&#8217;s experience.  </p>
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		<title>No Right to Retire?</title>
		<link>http://www.concurringopinions.com/archives/2009/11/no-right-to-retire.html</link>
		<comments>http://www.concurringopinions.com/archives/2009/11/no-right-to-retire.html#comments</comments>
		<pubDate>Wed, 11 Nov 2009 21:06:40 +0000</pubDate>
		<dc:creator>Rachel Godsil</dc:creator>
				<category><![CDATA[Family Law]]></category>
		<category><![CDATA[gender]]></category>

		<guid isPermaLink="false">http://www.concurringopinions.com/?p=22028</guid>
		<description><![CDATA[<p>Courts regularly grapple with the competing principles of autonomy and obligation in the context of family law.   How to reconcile these principles &#8211; when gender, money, relative status, jealousy, spite, avarice are involved &#8211; is a fascinating challenge for judges.  These issues are also fun to teach since they are often uncomfortably close to most people&#8217;s own experiences. </p>
<p>On Monday, the Massachusetts Supreme Court considered a variant of the autonomy/obligation condundrum in Pierce v. Pierce  - in which the Court was basically asked to decide whether a higher earning spouse has a &#8220;right to retire&#8221; and be exempted from otherwise on-going alimony obligations.</p>
<p>Rudolph Pierce was a well-compensated attorney.  In the divorce agreement from Carniece, his wife of 32 years, he agreed to pay $110,000 year in alimony until either party died or she remarried.  When he decided to retire [...]]]></description>
			<content:encoded><![CDATA[<p>Courts regularly grapple with the competing principles of autonomy and obligation in the context of family law.   How to reconcile these principles &#8211; when gender, money, relative status, jealousy, spite, avarice are involved &#8211; is a fascinating challenge for judges.  These issues are also fun to teach since they are often uncomfortably close to most people&#8217;s own experiences. </p>
<p>On Monday, the Massachusetts Supreme Court considered a variant of the autonomy/obligation condundrum in <em>Pierce v. Pierce</em>  - in which the Court was basically asked to decide whether a higher earning spouse has a &#8220;right to retire&#8221; and be exempted from otherwise on-going alimony obligations.</p>
<p>Rudolph Pierce was a well-compensated attorney.  In the divorce agreement from Carniece, his wife of 32 years, he agreed to pay $110,000 year in alimony until either party died or she remarried.  When he decided to retire from his partnership at age 65, he argued that he should be relieved of any obligation to pay alimony and asked the court to adopt a rebuttable presumption that all alimony should be terminated when (1) the supporting spouse retires from employment at a customary retirement age and has no actual earned income, (2) the parties&#8217; marital assets, including their retirement assets, had been equally divided at the divorce, and (3) the parties have the same amount of liquid assets at the time of the provider spouse&#8217;s retirement.  </p>
<p> The trial court agreed to a significant modifcation of Rudolph&#8217;s obligation &#8211; to $42 k &#8211; but held that in light of Carniece&#8217;s recent loss of her job, the fact that she was not yet t entitled to Social Security, and that Rudolph continued to have significant earning capacity (in addition to his assets and his current wife&#8217;s salary), he wasn&#8217;t off the hook altogether.   The Supreme Court rejected Rudolph&#8217;s rebutabble presumption and affirmed the multi-factoral test generally applicable to modification requests.</p>
<p>My first thought (which the Court echoed) is why (at age 57), Rudolph agreed to such a high alimony award without a change upon his retirement.   A cynic would suggest that this might have been  intentional so that his wife would agree to a fairly equal division of property despite the parties&#8217; differential earning capacity (his wife had been the primary caretaker of the children and home though she worked outside of the home as well).</p>
<p>Cynicism aside &#8211; this is a difficult issue.  Rudolph&#8217;s arguement that declining to accept the presumption would grant the recipient spouse &#8220;effective veto power over the provider spouse&#8217;s retirement decision&#8221; was wildly exaggerated.   But the Court did impose limitations on when a &#8220;supporting spouse&#8221; will be able to retire &#8211; and for some, the idea of having to continue to work to support a former spouse will seem deeply problematic.</p>
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		<title>The Mommyprof Track</title>
		<link>http://www.concurringopinions.com/archives/2009/09/the-mommyprof-track.html</link>
		<comments>http://www.concurringopinions.com/archives/2009/09/the-mommyprof-track.html#comments</comments>
		<pubDate>Wed, 30 Sep 2009 23:03:24 +0000</pubDate>
		<dc:creator>Jaya Ramji-Nogales</dc:creator>
				<category><![CDATA[Feminism and Gender]]></category>
		<category><![CDATA[Law School (Teaching)]]></category>
		<category><![CDATA[gender]]></category>

		<guid isPermaLink="false">http://www.concurringopinions.com/?p=20862</guid>
		<description><![CDATA[<p>In many ways, law teaching is an ideal job for ambitious women who value a balance between work and family.  Many (though by no means all) law schools have generous maternity leaves &#8212; a semester paid, and if you can time your baby at the beginning of the calendar year or the end of the academic year, you can tack on a summer and win nine months at home with your newborn.  Once you&#8217;re back to teaching full time, the flexible schedule makes it possible to spend quality time with children during the hours they are available and to get your work done after the little ones have gone to bed.   And, at least in an ideal world, your colleagues view you as a lifetime [...]]]></description>
			<content:encoded><![CDATA[<p>In many ways, law teaching is an ideal job for ambitious women who value a balance between work and family.  Many (though by no means all) law schools have generous maternity leaves &#8212; a semester paid, and if you can time your baby at the beginning of the calendar year or the end of the academic year, you can tack on a summer and win nine months at home with your newborn.  Once you&#8217;re back to teaching full time, the flexible schedule makes it possible to spend quality time with children during the hours they are available and to get your work done after the little ones have gone to bed.   And, at least in an ideal world, your colleagues view you as a lifetime investment rather than a disposable worker, so they will be flexible and supportive at this particularly challenging stage of your life.</p>
<p>That has been my experience and that of several of my friends, but I have heard significantly more negative stories from other women, ranging from law schools that refuse to provide more than six weeks paid leave to schools that expect female professors to wait until they have tenure to bear children.  I&#8217;ve heard of other schools that require women to &#8220;make up&#8221; the classes they miss while on leave; I can only imagine what a 2-2 or 2-3 teaching load while juggling a toddler (or nursing!) does to one&#8217;s research agenda.  And of course, for all of us, there&#8217;s no &#8220;part-time&#8221; option as a law professor; while working moms in many other fields can opt to work only two or three days a week for less pay, there&#8217;s no &#8220;mommy track&#8221; to tenure.  So while law prof moms often have the flexibility to work from home two or three days a week, those days must be productive and can&#8217;t be spent playing with little ones.  (To be sure, that&#8217;s just fine with many of us, including yours truly, but may not be ideal for all law prof moms.)<span id="more-20862"></span></p>
<p>Despite all of these variations in accommodating law professor moms, there&#8217;s not much discussion of the industry standards, for obvious reasons &#8212; law prof moms, particularly pre-tenure, don&#8217;t want to out their schools&#8217; unsupportive policies.  Enter technology!  I&#8217;m trying my hand at polls for the first time, and hope that readers who teach at law schools will provide information about their schools&#8217; cultures and policies.   Though admittedly highly unscientific, the results of the polls may still be of some interest and may also play a role bringing these issues to the fore.  I also hope that readers will provide additional comments about the relevant cultures and policies at their schools &#8212; don&#8217;t forget that you can do so anonymously.</p>
<p><strong>UPDATE:  My attempt to create a fancy poll within my post sadly (though not surprisingly!) failed; I&#8217;ve created a poll on SurveyMonkey <a href="http://www.surveymonkey.com/s.aspx?sm=1KVia22mUC_2bBmzn18QCePw_3d_3d">here </a> and will share results soon.  Thanks for voting!</p>
<p></strong></p>
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		<title>Misogynists at war?</title>
		<link>http://www.concurringopinions.com/archives/2009/06/misogynists-at-war.html</link>
		<comments>http://www.concurringopinions.com/archives/2009/06/misogynists-at-war.html#comments</comments>
		<pubDate>Tue, 16 Jun 2009 19:01:30 +0000</pubDate>
		<dc:creator>Kaimipono D. Wenger</dc:creator>
				<category><![CDATA[Current Events]]></category>
		<category><![CDATA[Feminism and Gender]]></category>
		<category><![CDATA[Culture]]></category>
		<category><![CDATA[feminism]]></category>
		<category><![CDATA[gender]]></category>
		<category><![CDATA[social science]]></category>
		<category><![CDATA[war]]></category>
		<category><![CDATA[women's rights]]></category>

		<guid isPermaLink="false">http://www.concurringopinions.com/?p=17255</guid>
		<description><![CDATA[<p>Which factors might predict a country&#8217;s likelihood of going to war?  Undemocratic government?  Widespread poverty?  Dare we ask &#8212; Islamic religious values?  </p>
<p>According to a provocative new study from Valerie Hudson and WomanStats, there is another factor more closely correlated with national belligerence than any of the above:  A country&#8217;s levels of violence against women.  As summarized in the Deseret News:</p>
<p>Look closely at the way women are treated, says Valerie Hudson. Look at the nonchalance with which a nation&#8217;s men beat their wives, or the dismissive way a country condones genital mutilation. These are clues, she says, about that nation&#8217;s likelihood of waging war. . . .</p>
<p>It has been widely assumed that other factors are more predictive of whether [...]]]></description>
			<content:encoded><![CDATA[<p>Which factors might predict a country&#8217;s likelihood of going to war?  Undemocratic government?  Widespread poverty?  Dare we ask &#8212; Islamic religious values?  </p>
<p>According to a <a href="http://www.womanstats.org/">provocative new study from Valerie Hudson and WomanStats</a>, there is another factor more closely correlated with national belligerence than any of the above:  A country&#8217;s levels of violence against women.  As <a href="http://www.deseretnews.com/article/705310587/Y-researcher-War-women-connected.html?pg=1">summarized in the Deseret News</a>:</p>
<blockquote><p>Look closely at the way women are treated, says Valerie Hudson. Look at the nonchalance with which a nation&#8217;s men beat their wives, or the dismissive way a country condones genital mutilation. These are clues, she says, about that nation&#8217;s likelihood of waging war. . . .</p>
<p>It has been widely assumed that other factors are more predictive of whether a nation might be unstable or aggressive. The three most likely candidates were poverty levels, lack of democracy, and the nation&#8217;s adherence to Islamic values.</p>
<p>But the WomanStats project offers a fourth predictor of a nation&#8217;s instability. Violence against women (VAW, in the shorthand of WomanStats) trumps the other explanations, proving to be three times more predictive of a nation&#8217;s instability than whether a country is Islamic, and one-and-a-half times more predictive than whether a country is undemocratic, Hudson says.</p></blockquote>
<p><span id="more-17255"></span></p>
<p>I haven&#8217;t yet looked over the numbers; and I wonder how much this can show.  On first glance, this seems to be an area where causation and correlation would be awfully hard to disentangle.  Still, the underlying thesis &#8212; that violence is violence, and that cultures which condone violence against women are likely to be more aggressive on a large scale &#8212; makes some sense, intuitively.  And Hudson&#8217;s study is intriguing.  It&#8217;s on my list of things to look over in more detail once I&#8217;m done with summer school.  </p>
<p>p.s.  On a global misogyny scale of 1 to 5, Hudson&#8217;s team coded the United States as a 3.  </p>
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		<title>Indicating Gender &#8212; Status</title>
		<link>http://www.concurringopinions.com/archives/2009/05/indicating-gender-status.html</link>
		<comments>http://www.concurringopinions.com/archives/2009/05/indicating-gender-status.html#comments</comments>
		<pubDate>Sun, 24 May 2009 02:10:19 +0000</pubDate>
		<dc:creator>Naomi Cahn</dc:creator>
				<category><![CDATA[Feminism and Gender]]></category>
		<category><![CDATA[International & Comparative Law]]></category>
		<category><![CDATA[gender]]></category>
		<category><![CDATA[state fragility]]></category>

		<guid isPermaLink="false">http://www.concurringopinions.com/?p=16342</guid>
		<description><![CDATA[<p>This post is prompted by Jaya Ramji-Nogales&#8217;s discussion of the recent OECD Social Institutions and Gender Index. In her very thoughtful post &#8211; with which I entirely agree &#8212; she discusses the problems of &#8220;empirically measuring and ranking intangible phenomena such as social norms,&#8221; And she notes that the OECD publication was not entirely successful.But at least it tried.</p>
<p>In conjunction with a recent conference on state security in Norway, I examined six reports on state weakness to determine their approach to the use of gender equality as an indicator of state fragility or failure. These six reports were issued between 2005-2008 by highly influential U.S. foreign policy institutions, including private and public agencies, and one of them was co-authored by Susan Rice (before she became [...]]]></description>
			<content:encoded><![CDATA[<p>This post is prompted by <a href="//www.concurringopinions.com/archives/2009/05/measuring-gender-discrimination.html">Jaya Ramji-Nogales&#8217;s discussion</a> of the recent OECD Social Institutions and Gender Index. In her very thoughtful post &#8211; with which I entirely agree &#8212; she discusses the problems of &#8220;empirically measuring and ranking intangible phenomena such as social norms,&#8221; And she notes that the OECD publication was not entirely successful.But at least it tried.</p>
<p>In conjunction with a recent conference on state security in Norway, I examined six reports on state weakness to determine their approach to the use of gender equality as an indicator of state fragility or failure. These six reports were issued between 2005-2008 by highly influential U.S. foreign policy institutions, including private and public agencies, and one of them was co-authored by <a href="http://www.usunnewyork.usmission.gov/ambassadors/current/srice.html">Susan Rice </a>(before she became our Ambassador to the UN). While measures of gender equity are included in other assessments, such as the OECD&#8217;s index, the UNDP&#8217;s Human Development Report , or Freedom House&#8217;s evaluation of global freedom, this simply shows the integration of gender into development or civil liberties markers; these assessments are not self-conscious analyses of state security and fragility, unlike the 6 reports I examined. Apart from the USAID report, the other 5 reports did not use gender as an assessment tool.</p>
<p>Indicators and assessment tools can be important components in establishing state policies and practices towards developing countries. Consequently, the components that comprise each of these evaluative efforts are signs of what is considered critical to ensuring state stability. Donor agencies are increasingly using various indicators to help them evaluate country performance in order to ensure that their resources will be used most efficiently and effectively. While indicators are imperfect &#8211; they are subject to errors in measurement, and they take thin slices of complex issues &#8212; they are useful, within these limitations, for providing broad-brush pictures of a country&#8217;s status. But not if they don&#8217;t include gender at all. Gender equity provides a useful measurement of state security, as <a href="http://www.law.umn.edu/facultyprofiles/niaolainf.html">Fionnuala Ni Aolain</a>, <a href="http://www.nesl.edu/students/full_time.cfm?id=20">Dina Haynes</a>, and I argue in our forthcoming book. Nonetheless, its significance is virtually unrecognized in numerous evaluations of state fragility, thereby leading to the risk that gender will remain unrecognized in efforts to promote state stability.</p>
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