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Balkinization
Balkinization Symposiums: A Continuing List                                                                E-mail: Jack Balkin: jackbalkin at yahoo.com Bruce Ackerman bruce.ackerman at yale.edu Ian Ayres ian.ayres at yale.edu Corey Brettschneider corey_brettschneider at brown.edu Mary Dudziak mary.l.dudziak at emory.edu Joey Fishkin joey.fishkin at gmail.com Heather Gerken heather.gerken at yale.edu Abbe Gluck abbe.gluck at yale.edu Mark Graber mgraber at law.umaryland.edu Stephen Griffin sgriffin at tulane.edu Jonathan Hafetz jonathan.hafetz at shu.edu Jeremy Kessler jkessler at law.columbia.edu Andrew Koppelman akoppelman at law.northwestern.edu Marty Lederman msl46 at law.georgetown.edu Sanford Levinson slevinson at law.utexas.edu David Luban david.luban at gmail.com Gerard Magliocca gmaglioc at iupui.edu Jason Mazzone mazzonej at illinois.edu Linda McClain lmcclain at bu.edu John Mikhail mikhail at law.georgetown.edu Frank Pasquale pasquale.frank at gmail.com Nate Persily npersily at gmail.com Michael Stokes Paulsen michaelstokespaulsen at gmail.com Deborah Pearlstein dpearlst at yu.edu Rick Pildes rick.pildes at nyu.edu David Pozen dpozen at law.columbia.edu Richard Primus raprimus at umich.edu K. Sabeel Rahmansabeel.rahman at brooklaw.edu Alice Ristroph alice.ristroph at shu.edu Neil Siegel siegel at law.duke.edu David Super david.super at law.georgetown.edu Brian Tamanaha btamanaha at wulaw.wustl.edu Nelson Tebbe nelson.tebbe at brooklaw.edu Mark Tushnet mtushnet at law.harvard.edu Adam Winkler winkler at ucla.edu Compendium of posts on Hobby Lobby and related cases The Anti-Torture Memos: Balkinization Posts on Torture, Interrogation, Detention, War Powers, and OLC The Anti-Torture Memos (arranged by topic) Recent Posts Women and Blogging: what you can do right now
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Saturday, October 04, 2008
Women and Blogging: what you can do right now
Mary L. Dudziak
It was hard to know what to say when a law blogger asked "Do Women Blog?" a week before the women bloggers convention. I just kept blogging.
Comments:
I don't quite see that the problem is as acute as some say. Yes, so David Lat and Howard Bashman aren't women (nor lawprofs, for that matter), and no women blog at the VC. So what? As Mary notes, there are plenty of woman lawprofs out there blogging, and many of the very best blawgs are written wholly or in part by women. In addition to B'Zation (see, e.g., Mary and Heather Gerken), and Mary's legal history blog, and IntlawGrrls, please allow me to assert some institutional prerogative and send a shout out to two of the best blawgs around, written by colleagues of mine: Rebecca Tushnet's 43(B)log (http://tushnet.blogspot.com/), and Nan Hunter's Hunter of Justice (http://hunterforjustice.typepad.com/hunter_of_justice/). And although Lisa Heizerling doesn't blog frequently on the GULC blog (http://gulcfac.typepad.com/), when she does so it's among the best blogging around on environmental and administrative law issues.
I've previously touted Bernie Meyler's Find and Replace, too (http://findandreplace.blogspot.com/), although it appears to be temporarily on hiatus.
One of my absolute favorite writers - Dahlia Lithwick - now has two blogs that she contributes to. Both on Slate.com. She is a wonderfully engaging legal blogger!
http://www.slate.com/blogs/blogs/xxfactor/ Her latest article: http://www.slate.com/id/2201156/
I would venture to say I see more male law bloggers, but there are many women law bloggers whose work I follow and thoroughly enjoy. My fave is Susan Cartier Liebel of http://susancartierliebel.typepad.com and I also love Carolyn Elefant at http://myshingle.com or my newest find of http://21stcenturylaw.wordpress.com
Discrimination against law bloggers who are laypeople like myself is a much bigger problem than discrimination against female law bloggers who are legal professionals. My blog "I'm from Missouri" has hundreds of articles about legal topics, mostly concerning evolution education, the establishment clause, attorney fee awards, the fairness doctrine, Internet censorship, and copyright law (the topics are listed in the sidebar -- copyright law is under "Yoko Ono lawsuit"). Many of these articles are extensively researched. The Law X.0 blog (formerly named the "Law Blog Metrics" blog), which is affiliated with the Univ. of Cincinnati, a public university, routinely announces and lists law blogs. I asked the Law X.0 bloggers to announce and list my blog because of its extensive coverage of legal issues, and they refused. Meanwhile, the Law X.0 bloggers announced the "Cruiseship Law" blog which only posted news articles verbatim without comment. The Law X.0 bloggers even refused to post any of my comments about their articles. So don't expect me to shed many crocodile tears over the problems that female law bloggers are supposedly having. However, I do agree that female bloggers have a particular problem with cyberbullying in the form of extreme abuse and threats.
Professor Dudziak,
When someone asks a question like "Do women blog" I think we can agree it is not the denotative value that counts. What counts is the connotation that any blogging which does come from women is illegitimate or insufficient or in some other way inadequate. The danger is in taking the denotative bait and leaving the connoted assumptions in place. One would reasonably expect that gender plays the same role in blog content creation as in any other content creation. Disingenuous questions with buried, specious assumptions, should be treated as such. This might be a good time to point out that people of all stripes too often forget that women have had the vote less than a century, and still do not have Constitutionally established equal rights. Things are better, but they aren't even close to good enough. Thanks for the leads to some good blogs. Your challenge worried me at first, until I checked my meager blogroll. Three of the eight distinct sources I track are women. Another four are group blogs like Balkinization and boingboing, which may not have equal representation, but certainly aren't chapters of the "He-Man Woman-Hater's Club". Peace, and thanks for the post.
The brightest and most balanced voices, to me, are the ones at blogs in which substance is of the essence, rather than self conscious genderism. Women are contributing plenty in the law blogs, and women are adding their own wonderful insight and energy to the colloquies, just as women are supplying some of the most intriguing research and law history thought.
Is what Marci Hamilton does at FindLaw not blogging? (Likewise as to other women who post columns there.) Marci's area of expertise is most welcome.
To me, what counts in the law is the message and not the messenger.
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The law profession has the most elitism and snobbery of any profession, by far. For example, the Supreme Court now has 5 Harvard Law School grads, 2 Yale LS grads, one Columbia LS grad, and only one non-Ivy League LS grad. The last two justices to leave the court, Rehnquist and O'Connor, are both Stanford LS grads. Ivy League law journals -- Harvard, Yale, and Columbia Law Reviews -- have been cited far more times in court opinions than the law reviews of other law schools -- the numbers of citations in federal court opinions for the most-cited law journals in the period 1970-1979 are as follows: Harvard Law Review, 4410; Yale Law Review, 1800; Columbia Law Review, 1062 (increased to 1497 in 1980-89); NYU Law Review, 506; and Cal.-Berkeley Law Review, 497. Law students' articles in law journals are called "notes," regardless of length (however, in a bizarre twist, most law journals are not peer-reviewed or even faculty-reviewed but are just student-reviewed!). These levels of elitism and snobbery in the law are unapproached in other fields, e.g., science, engineering, and medicine. The irony here is that law is rare among the professions in that laypeople can make significant contributions. The opening post says, >>>>>> Rather than speculating about women and blogging, below the fold are some very practical and easy things to do that can highlight the role of women bloggers, and make it easier for newer voices to be heard.<<<<<<< IMO that is wishful thinking. I have been accused of "advertising" and "peddling" my blog even when I make on-topic links to my blog when commenting on other websites. Wikipedia has a general rule against using personal blogs as sources but allows links to others' personal blogs while censoring links to my blog. The reason given: the other personal blogs are "notable" or "reputable" whereas my personal blog is "crappy." And as I said, I tried to get the Law X.0 bloggers to announce and list my blog because it has hundreds of articles on the law, but they refused. In short, any problems that female law bloggers are having are merely symptoms of a sick law profession and a sick Internet culture. The sick Internet culture is the source of one of the biggest problems female bloggers have: extreme -- sometimes criminal -- cyberbullying. As Henry David Thoreau said, "there are a thousand hacking at the branches of evil to one who is striking at the root." Also, it is important to recognize that blogging has become a zero-sum game. The blogosphere has become saturated with millions of blogs and time that is spent on another blog is time that is not spent on your blog. Most of the biggest blogs today got off to an early start in blogging. IMO it helps to specialize in just one area of the law or just a few areas of the law. When you become recognized as an expert in a particular area of the law, people seeking information on that area of the law are more likely to consult your blog.
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Books by Balkinization Bloggers Linda C. McClain and Aziza Ahmed, The Routledge Companion to Gender and COVID-19 (Routledge, 2024) David Pozen, The Constitution of the War on Drugs (Oxford University Press, 2024) Jack M. Balkin, Memory and Authority: The Uses of History in Constitutional Interpretation (Yale University Press, 2024) Mark A. Graber, Punish Treason, Reward Loyalty: The Forgotten Goals of Constitutional Reform after the Civil War (University of Kansas Press, 2023) Jack M. Balkin, What Roe v. Wade Should Have Said: The Nation's Top Legal Experts Rewrite America's Most Controversial Decision - Revised Edition (NYU Press, 2023) Andrew Koppelman, Burning Down the House: How Libertarian Philosophy Was Corrupted by Delusion and Greed (St. Martin’s Press, 2022) Gerard N. Magliocca, Washington's Heir: The Life of Justice Bushrod Washington (Oxford University Press, 2022) Joseph Fishkin and William E. Forbath, The Anti-Oligarchy Constitution: Reconstructing the Economic Foundations of American Democracy (Harvard University Press, 2022) Mark Tushnet and Bojan Bugaric, Power to the People: Constitutionalism in the Age of Populism (Oxford University Press 2021). Mark Philip Bradley and Mary L. Dudziak, eds., Making the Forever War: Marilyn B. Young on the Culture and Politics of American Militarism Culture and Politics in the Cold War and Beyond (University of Massachusetts Press, 2021). Jack M. Balkin, What Obergefell v. Hodges Should Have Said: The Nation's Top Legal Experts Rewrite America's Same-Sex Marriage Decision (Yale University Press, 2020) Frank Pasquale, New Laws of Robotics: Defending Human Expertise in the Age of AI (Belknap Press, 2020) Jack M. Balkin, The Cycles of Constitutional Time (Oxford University Press, 2020) Mark Tushnet, Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press 2020). Andrew Koppelman, Gay Rights vs. Religious Liberty?: The Unnecessary Conflict (Oxford University Press, 2020) Ezekiel J Emanuel and Abbe R. Gluck, The Trillion Dollar Revolution: How the Affordable Care Act Transformed Politics, Law, and Health Care in America (PublicAffairs, 2020) Linda C. McClain, Who's the Bigot?: Learning from Conflicts over Marriage and Civil Rights Law (Oxford University Press, 2020) Sanford Levinson and Jack M. Balkin, Democracy and Dysfunction (University of Chicago Press, 2019) Sanford Levinson, Written in Stone: Public Monuments in Changing Societies (Duke University Press 2018) Mark A. Graber, Sanford Levinson, and Mark Tushnet, eds., Constitutional Democracy in Crisis? (Oxford University Press 2018) Gerard Magliocca, The Heart of the Constitution: How the Bill of Rights became the Bill of Rights (Oxford University Press, 2018) Cynthia Levinson and Sanford Levinson, Fault Lines in the Constitution: The Framers, Their Fights, and the Flaws that Affect Us Today (Peachtree Publishers, 2017) Brian Z. Tamanaha, A Realistic Theory of Law (Cambridge University Press 2017) Sanford Levinson, Nullification and Secession in Modern Constitutional Thought (University Press of Kansas 2016) Sanford Levinson, An Argument Open to All: Reading The Federalist in the 21st Century (Yale University Press 2015) Stephen M. Griffin, Broken Trust: Dysfunctional Government and Constitutional Reform (University Press of Kansas, 2015) Frank Pasquale, The Black Box Society: The Secret Algorithms That Control Money and Information (Harvard University Press, 2015) Bruce Ackerman, We the People, Volume 3: The Civil Rights Revolution (Harvard University Press, 2014) Balkinization Symposium on We the People, Volume 3: The Civil Rights Revolution Joseph Fishkin, Bottlenecks: A New Theory of Equal Opportunity (Oxford University Press, 2014) Mark A. Graber, A New Introduction to American Constitutionalism (Oxford University Press, 2013) John Mikhail, Elements of Moral Cognition: Rawls' Linguistic Analogy and the Cognitive Science of Moral and Legal Judgment (Cambridge University Press, 2013) Gerard N. Magliocca, American Founding Son: John Bingham and the Invention of the Fourteenth Amendment (New York University Press, 2013) Stephen M. Griffin, Long Wars and the Constitution (Harvard University Press, 2013) Andrew Koppelman, The Tough Luck Constitution and the Assault on Health Care Reform (Oxford University Press, 2013) James E. Fleming and Linda C. McClain, Ordered Liberty: Rights, Responsibilities, and Virtues (Harvard University Press, 2013) Balkinization Symposium on Ordered Liberty: Rights, Responsibilities, and Virtues Andrew Koppelman, Defending American Religious Neutrality (Harvard University Press, 2013) Brian Z. Tamanaha, Failing Law Schools (University of Chicago Press, 2012) Sanford Levinson, Framed: America's 51 Constitutions and the Crisis of Governance (Oxford University Press, 2012) Linda C. McClain and Joanna L. Grossman, Gender Equality: Dimensions of Women's Equal Citizenship (Cambridge University Press, 2012) Mary Dudziak, War Time: An Idea, Its History, Its Consequences (Oxford University Press, 2012) Jack M. Balkin, Living Originalism (Harvard University Press, 2011) Jason Mazzone, Copyfraud and Other Abuses of Intellectual Property Law (Stanford University Press, 2011) Richard W. Garnett and Andrew Koppelman, First Amendment Stories, (Foundation Press 2011) Jack M. Balkin, Constitutional Redemption: Political Faith in an Unjust World (Harvard University Press, 2011) Gerard Magliocca, The Tragedy of William Jennings Bryan: Constitutional Law and the Politics of Backlash (Yale University Press, 2011) Bernard Harcourt, The Illusion of Free Markets: Punishment and the Myth of Natural Order (Harvard University Press, 2010) Bruce Ackerman, The Decline and Fall of the American Republic (Harvard University Press, 2010) Balkinization Symposium on The Decline and Fall of the American Republic Ian Ayres. Carrots and Sticks: Unlock the Power of Incentives to Get Things Done (Bantam Books, 2010) Mark Tushnet, Why the Constitution Matters (Yale University Press 2010) Ian Ayres and Barry Nalebuff: Lifecycle Investing: A New, Safe, and Audacious Way to Improve the Performance of Your Retirement Portfolio (Basic Books, 2010) Jack M. Balkin, The Laws of Change: I Ching and the Philosophy of Life (2d Edition, Sybil Creek Press 2009) Brian Z. Tamanaha, Beyond the Formalist-Realist Divide: The Role of Politics in Judging (Princeton University Press 2009) Andrew Koppelman and Tobias Barrington Wolff, A Right to Discriminate?: How the Case of Boy Scouts of America v. James Dale Warped the Law of Free Association (Yale University Press 2009) Jack M. Balkin and Reva B. Siegel, The Constitution in 2020 (Oxford University Press 2009) Heather K. Gerken, The Democracy Index: Why Our Election System Is Failing and How to Fix It (Princeton University Press 2009) Mary Dudziak, Exporting American Dreams: Thurgood Marshall's African Journey (Oxford University Press 2008) David Luban, Legal Ethics and Human Dignity (Cambridge Univ. Press 2007) Ian Ayres, Super Crunchers: Why Thinking-By-Numbers is the New Way to be Smart (Bantam 2007) Jack M. Balkin, James Grimmelmann, Eddan Katz, Nimrod Kozlovski, Shlomit Wagman and Tal Zarsky, eds., Cybercrime: Digital Cops in a Networked Environment (N.Y.U. Press 2007) Jack M. Balkin and Beth Simone Noveck, The State of Play: Law, Games, and Virtual Worlds (N.Y.U. Press 2006) Andrew Koppelman, Same Sex, Different States: When Same-Sex Marriages Cross State Lines (Yale University Press 2006) Brian Tamanaha, Law as a Means to an End (Cambridge University Press 2006) Sanford Levinson, Our Undemocratic Constitution (Oxford University Press 2006) Mark Graber, Dred Scott and the Problem of Constitutional Evil (Cambridge University Press 2006) Jack M. Balkin, ed., What Roe v. Wade Should Have Said (N.Y.U. Press 2005) Sanford Levinson, ed., Torture: A Collection (Oxford University Press 2004) Balkin.com homepage Bibliography Conlaw.net Cultural Software Writings Opeds The Information Society Project BrownvBoard.com Useful Links Syllabi and Exams |