The male professoriate in law

A male law professor mentioned to me recently that in his experience, if you just do your work, and do it well, then your career will progress – rewards will flow. I was somewhat taken aback by this statement and pointed out that this certainly was not my own experience, and was unlikely to be the experience of many women in academia. Indeed, I suspect this is not the case in any profession.

It got me thinking about the makeup of Australian law schools. We currently have many women law deans around the country – though I do note that some are punching above their weight, holding the role of dean at a substantive position lower than professor. The law school is a feminised work force in many respects – women are highly visible in so many law schools. However I suspect that this is because women form the bulk of our casualised workforce, teaching sessionally.

I wondered though about the makeup of the professoriate. With so many women – and so many capable women – one might expect that there would be equality in the upper ranks of the law school. Let’s see if the numbers bear this out.

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Say no to sexist language in public discourse

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In the week that brought to light television personality Eddie McGuire’s ‘banter’ about sports journalist Caroline Wilson, the voters of Leichhardt, have been treated to campaign signs depicting a witch. The signs have been placed adjacent to campaign signs of the only woman candidate in Leichhardt, ALP candidate Sharryn Howes.

The signs themselves entreat the voter to ‘put Labor last’ because winding back negative gearing is a ‘wicked thing to do’.

The incumbent MP Warren Entsch, who authorised the signs, has ‘angrily denied’ any comparison between his signs and the notorious ‘Ditch the Witch’ signs used in rallies in 2011, attended by former Prime Minister Abbott.  According to reports, Mr Entsch has said

“It has nothing to do with anything else. We think its a wicked and awful thing to do for small time investors.”

“I didn’t select the image and it has nothing to do with anything else. Anyone who knows me knows those claims are absolute bullshit.”

With respect, whatever Mr Entsch’s views, the LNP’s views, or the voter views of negative gearing and small time investors, it is not OK to use the language and imagery of witches about women. The implication of the image of the witch, deliberately positioned adjacent to Ms Howes’ campaign corflutes, is to invoke the comparison.

Today is not the first time I have written about witches. In fact, early this year I offered some advice for parliamentarians that warrants repeating:

‘Witch’ is a term used to denigrate women. It represents a woman who has outgrown her sexual utility, often imagined as a toothless old crone. It might also represent the threat women pose to patriarchy – through the magicke of their sexual wiles and fertility, the witch stands ready to trap unwary men. The vast majority of those burned as witches were women. That is no accident. It was an effective means of keeping women in their place.

Today, ‘witch’ carries its anti-women history even though many who use the term may not be conscious of it. As a word not used against men, and in light of the negative connotations it carries, use of ‘witch’ is sexist.

Advice to parliamentarians: find a different word without the sexist baggage.

The signs themselves go so far as to say ‘unfortunately , unlike the movies we can’t get rid of them by pouring water on them’. They express disappointment at a general inability to keep witches – women – in their place.

I accept that there may be an intent to express a desire to keep the ALP in ‘its place’ ie out of government. Sadly however, the clumsiness of the analogy and the language used instead conveys the time-worn expression of antipathy towards women. Women should not have to face sexist language. Women candidates for political office should not face sexist harassment in the course of doing so. We can be better than this.

Many will reject this interpretation. The metaphor is so deeply ingrained in our sexist culture that we have become immune to it. But let’s aspire to a higher level of discourse, that seeks actively, consciously, to deal with the issues without resorting to historical gendered slurs.

Even if Mr Entsch does not himself see the connection between the sign he authorised and the sexist implications for his opponent, he is now on notice that the posters sexist, and that many perceive them to be sexist. He is therefore in a position to step up, and to have the posters removed. That would be a fine contribution to public discourse.

Court orders sperm removal from deceased

In what is an increasingly common circumstance, in April 2015 Burns J of the Supreme Court of Queensland granted an application by a Ms Patteson for the removal of her deceased fiance’s testes and sperm. The judgment was made ex tempore – on the spot – in light of the urgent nature of the case. The applicant’s fiance had, sadly, died the night before the judgment. For sperm of a deceased man to remain viable, they must be harvested and properly stored within 24 hours of death. The judge had to decide the matter immediately.

In such urgent applications, it is not the court’s role to approve the use of the sperm for fertilisation. The applicant must make a further application to use the sperm. Burns J made it clear that the court’s jurisdiction in this case extended only to approval of the removal of the testes and sperm. Ms Patteson, he said, could return to the court ‘after mature reflection’ to make an application for the use of the sperm for the purpose of fertilisation.

While far from the first such judgment, there is one aspect that has arisen before and that prompts some thinking about the basis on which such judgments are made. In doing so, no judgment is made of the applicant or her circumstances, which should at all times be respected. On the contrary, the issues underlying such judgments speak to the system and how the law should consider the body of a deceased.

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‘(Part) time for all’: Nedelsky’s radical vision

Screen Shot 2016-04-23 at 11.51.22 amOn Friday I attended a seminar at Melbourne Law School to meet Jennifer Nedelsky and discuss her work on creating new social norms around work and care. Her proposal – in a nutshell – is that all of us in Western societies should work a maximum of 30 hours/week and minimum of 12 in paid employment, and do a minimum of 12, maximum of 30 hours unpaid care work.

The goal of such a radical transformation of our time-poor lives is that currently care relies on and reinforces inequality. According to Nedelsky’s model, if we equalise our responsibility for caring then the hierarchies implicit in our current model of working life will be evened out. Care will become explicitly valued, policy-makers will have experienced caring to understand the issues at stake (and therefore develop better and more responsive policy), and our relationships will be enhanced.

Nedelsky’s utopian model is exactly what we need to shift the debate about work-life balance from hand-wringing to the genuine social reform we need – although there are inevitably some issues to be ironed out. This post distills my understanding of Nedelsky’s proposal, and draws on comments and discussion offered by participants in the Melbourne seminar. Inevitably I have not canvassed the full extent of her model – there is so much to think about.

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Time for women lawyers to claim their power

Screen Shot 2016-04-03 at 7.05.25 amI graduated in one of the first cohorts in law at the University of Queensland to comprise 50% women. Despite experiencing overt sexism in some of my job interviews and tacit sexism during my working life, it still did not occur to me for a long time that I would be treated any differently from my male counterparts. I thought sexism to be exceptional. As a young woman, I believed all in the profession would be treated on merit.

The intervening 26 years in the workforce has shown that the idea of merit excludes many people of merit. Hard work and talent are not enough – if it were, the upper ranks of the legal profession in particular, would look a lot more diverse.

We know this – study after study has confirmed it. We even know why there is a lack of diversity – that the culture of the legal profession operates in a deeply exclusionary way. What we don’t seem to know is how to dismantle this culture. This post forms the basis of some ideas I will be sharing at the 2016 conference of the Australian Women Lawyers (‘AWL’). In it, I offer some ideas on cultural change in the legal profession, focusing on changing entrenched gender bias.

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Fertility tracking: women’s lib?

Screen Shot 2016-03-25 at 10.34.49 amA recent article in The Guardian profiled the rise of fertility tracking software and devices. It left me uncomfortably attempting to reconcile the obvious benefits with what are likely to be the costs of such technologies.

For some time, apps have been available as a means to record your menstrual cycle. The one I use, Period Tracker, allows you not only to input the date of your period, but to record a variety of symptoms (bloating, headache, night sweats) and moods (‘flirty’, anxious, sad), and even when a woman is sexually active. The app calculates your likely cycle, which for those who menstruate other than on a 28 day cycle, is very handy. The deluxe version, I believe, can be shared with your partner to identify your window of fertility.

Fertility trackers are an updated version of this. Like Fitbit, they can be tuned into your body’s physiology and work with that data to alert you to your fertility. Some suggest that this data might also be able to predict underlying medical conditions. This has implications both personally and population wide – implications that are both potentially liberating and chilling.

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Enough pledges. Act!

The Australian reported today that the New South Wales Law Society would urge law firms to sign up to a charter for advancing women in the legal profession, including a pledge to achieve equal pay for male and female graduates, within 12 months.

On the basis that differentiating pay based on gender (or race, or age etc) is unlawful, why is such a pledge needed? Why doesn’t the law society say: if a law firm is not currently paying staff equally for equal work, it will be prosecuted. I guess pledges and charters seem so much less in your face. But that is why I suspect that they will not work.

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On witches

Screen Shot 2016-01-04 at 9.18.30 amPeter Dutton, a minister of the Crown, accidentally sent a text message to senior Australian journalist Samantha Maiden. The text message referred to Ms Maiden as a ‘mad fucking witch’ for having written an article critical of the behaviour of former minister Jamie Briggs. Mr Dutton publicly owned up to the text. Ms Maiden, while recognising that some would take offence, has graciously indicated that she herself is not offended by the remark. She has accepted Mr Dutton’s apology.

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Others maintain that the slur is deeply sexist. So. Is the comment sexist? Or not? At the risk of fence-sitting, I think it’s both. More importantly however, it reveals the hypermasculine, combative mode of parliamentary conduct that is now well past its use-by date.

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Boundaries

On the first business day after Christmas, the Minister for Cities and the Built Environment, Jamie Briggs MP, resigned from his ministry citing a lapse in ministerial standards. It has been reported that while at a function in Hong Kong, Mr Briggs said to a junior public servant that she had ‘piercing eyes’, that he later put his arm around her, and when she left the function he kissed her on the cheek. A cabinet investigation found that the events were a breach of ministerial standards, prompting Mr Briggs’ resignation.

Discussion online (see eg Jennifer Wilson, and Andrew Elder) and in the mainstream media (see eg Daily Mail and The Australian) vacillates between defence of Mr Briggs’ behaviour and dismay that such behaviour might exist still, in 2015.

As there is no suggestion that Mr Briggs was not afforded due process in cabinet’s investigation of the matter, the difference in opinion between those who think that Mr Briggs’ actions are acceptable and those who do not is a question of the boundaries of sexual behaviour. Indeed the boundaries issue might be one of when behaviour is sexual at all.

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Abyan, reproductive justice and human rights

I have rarely seen such a retweeted story in my timeline as Guardian Australia’s story about the secret repatriation to Nauru of the asylum seeker known as ‘Abyan’. This Somali refugee is pregnant, allegedly as a consequence of rape on Nauru. She begged to be brought to Australia for a termination and in the face of a widespread campaign, the Australian government did bring her here.

According to her lawyer, George Newhouse, she sought counselling before consenting to any medical treatment. Guardian Australia reports that in doing so, the Australian government took her failure to consent immediately as a refusal of treatment. While her lawyers were bringing an application for an injunction before the Federal Court, the Australian government chartered a flight and flew Abyan back to Nauru.

Abortion is illegal in Nauru.

This is not a story of the Australian government’s victory against deaths at sea. Nor is it a story about a ‘“racket” among refugees and asylum seekers on Nauru seeking to come to Australia for medical care’. This is a story about institutionalised violence against women and the responsibility of all citizens to act to stop it. It is a story about the hollow ring of ‘gender equality’ where violence against women is left to flourish.

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