BLAW 391 CSUN Air Force Removes Height Requirement to Attract More Women Report

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Current Event Paper
Women & the Law
Prof. Golden
Air Force Removes Height Requirement to Attract More Women Pilots
Johnny Diaz, May/June 2020
https://tinyurl.com/y9rvrkdy
To Make Orchestras More Diverse, End Blind Auditions
Anthony Tommasini, NY Times, July 16, 2020
https://tinyurl.com/y5a3pb6k
1.
Identify and define the theoretical framework which best applies to the initial policy
discussed in each of the articles. Include an example or case discussed in class.
2.
Explain how the framework applied to the initial policies. Then explain how the policy
change in each article represented a change in the applicable theoretical framework.
(You do not have to discuss the second theoretical framework extensively in this
section.)
3.
Discuss the pros and cons of how the different theoretical frameworks impacted the
situations in each article and which approach you prefer and why.
California Just Became the First State to Require Women on Corporate Boards. Here’s
What You Need to Know
Abigail Hess, CNBC, October 18, 2018
https://tinyurl.com/yc3qsztn
California sued again for requiring women on corporate boards
AP, LA Times, November 13, 2019
https://tinyurl.com/y6aqeeku
A Push To Get More Women On Corporate Boards Gains Momentum
Lily Jamali, NPR, March 5, 2020
https://tinyurl.com/y7syms28
1.
Identify and define the theoretical framework which would describe the law to increase
the representation of women on corporate boards. Include an example or case
discussed in class.
2.
Explain how the framework applies to the law’s requirement.
3.
Explain the arguments for and against the law, why there are lawsuits objecting to it
(including what constitutional argument has been made against it), and if it has been
effective. Discuss whether or not you think the law was the best approach to reaching
gender parity on corporate boards.
A New Covid-19 Crisis: Domestic Abuse Rises Worldwide
Amanda Taub, NY Times, April 14, 2020
http://tinyurl.com/ubmnhmy
A Pandemic within a Pandemic – Intimate Partner Violence during Covid-19
Megan L. Evans, M.D., Margo Lindauer J.D., Maureen E. Farrell, M.D.
The New England Journal of Medicine, September 16, 2020
https://tinyurl.com/y6k82apy
1.
Identify and define the theoretical framework which best describes the topic discussed
in the article. Explain how it is relevant to the article. Include an example or case
discussed in class.
2.
Identify and define the theory/syndrome (separate from the theoretical framework)
which applies to the article, including examples from the first article.
3.
How has the pandemic impacted reports of intimate partner violence and resources
that would ordinarily be available to help people? What actions can be taken to help
victims? Include examples from the second article.
Format instructions (2 – 5 points will be deducted for each instruction not followed)
1.
The reports should be a minimum of six full pages, (the average is usually 6 – 8),
typewritten, double-spaced, 12-point font; (you may go over the page limit, but not by
more than a page or two)
2.
Write in paragraph form, answering the questions in order, but do not include the
questions or number your answers;
3.
Number the pages;
4.
Margins should be one inch on all sides; (many default settings are 1.25 inches);
5.
Do not leave extra room between paragraphs; (many default settings do so);
6.
Place your name, class and date single-spaced in the upper right corner of the page.
The purpose of this paper is for you to demonstrate mastery of the three theoretical
frameworks learned this semester. In order to receive maximum points, answer all questions
thoroughly, as if you were explaining the legal concepts and how they apply to the fact
patterns to an ignorant reader. The best answers will not only identify and define the correct
concepts, but will demonstrate an understanding of the concepts through the discussion and
analysis portions of your answers.
Due: on Canvas by Friday, December 4th at 11PM
https://nyti.ms/3eAwdbk
CRITIC’S NOTEBOOK
To Make Orchestras More Diverse, End Blind Auditions
If ensembles are to reflect the communities they serve, the audition process should take into account race, gender and other
factors.
By Anthony Tommasini
July 16, 2020
During the tumultuous summer of 1969, two Black musicians accused the New York Philharmonic of discrimination. Earl
Madison, a cellist, and J. Arthur Davis, a bassist, said they had been rejected for positions because of their race.
The city’s Commission on Human Rights decided against the musicians, but found that aspects of the orchestra’s hiring system,
especially regarding substitute and extra players, functioned as an old boys’ network and were discriminatory. The ruling helped
prod American orchestras, finally, to try and deal with the biases that had kept them overwhelmingly white and male. The
Philharmonic, and many other ensembles, began to hold auditions behind a screen, so that factors like race and gender wouldn’t
influence strictly musical appraisals.
Blind auditions, as they became known, proved transformative. The percentage of women in orchestras, which hovered under 6
percent in 1970, grew. Today, women make up a third of the Boston Symphony Orchestra, and they are half the New York
Philharmonic. Blind auditions changed the face of American orchestras.
But not enough.
American orchestras remain among the nation’s least racially diverse institutions, especially in regard to Black and Latino
artists. In a 2014 study, only 1.8 percent of the players in top ensembles were Black; just 2.5 percent were Latino. At the time of
the Philharmonic’s 1969 discrimination case, it had one Black player, the first it ever hired: Sanford Allen, a violinist. Today, in a
city that is a quarter Black, just one out of 106 full-time players is Black: Anthony McGill, the principal clarinet.
Mr. McGill playing with the Philharmonic in February. Hiroyuki Ito for The New York
Times
The status quo is not working. If things are to change, ensembles must be able to take proactive steps to address the appalling
racial imbalance that remains in their ranks. Blind auditions are no longer tenable.
This well-intentioned but restrictive practice has prevented substantive action when it comes to the most essential element of
maintaining an orchestra: hiring musicians. Musicians’ unions, which have in many ways valiantly worked to protect their
members in an economically tenuous industry, have long been tenacious defenders of blind auditions, asserting that they are the
best way to ensure fairness.
But in sticking so stubbornly to the practice, unions may be hurting themselves, their orchestras and their art form. Hanging on
to a system that has impeded diversity is particularly conspicuous at a moment when the country has been galvanized by
revulsion to police brutality against Black Americans — and when orchestras, largely shuttered by the coronavirus pandemic,
are brainstorming both how to be more relevant to their communities and how to redress racial inequities among their personnel
when they re-emerge.
If the musicians onstage are going to better reflect the diversity of the communities they serve, the audition process has to be
altered to take into fuller account artists’ backgrounds and experiences. Removing the screen is a crucial step.
Blind auditions are based on an appealing premise of pure meritocracy: An orchestra should be built from the very best players,
period. But ask anyone in the field, and you’ll learn that over the past century of increasingly professionalized training, there has
come to be remarkably little difference between players at the top tier. There is an athletic component to playing an instrument,
and as with sprinters, gymnasts and tennis pros, the basic level of technical skill among American instrumentalists has steadily
risen. A typical orchestral audition might end up attracting dozens of people who are essentially indistinguishable in their
musicianship and technique.
It’s like an elite college facing a sea of applicants with straight A’s and perfect test scores. Such a school can move past those
marks, embrace diversity as a social virtue and assemble a freshman class that advances other values along with academic
achievement. For orchestras, the qualities of an ideal player might well include talent as an educator, interest in unusual
repertoire or willingness to program innovative chamber events as well as pure musicianship. American orchestras should be
able to foster these values, and a diverse complement of musicians, rather than passively waiting for representation to emerge
from behind the audition screen.
Some leaders in the field I’ve spoken with over the years have argued that the problem starts earlier than auditions. They say
racial diversity is missing in the so-called pipeline that leads from learning an instrument to summer programs to conservatories
to graduate education to elite jobs. In this view, even that strong pool of equally talented hypothetical auditioners might have few,
if any, Black or Latino players in it.
A deep and provocative exploration of race, identity
and society with New York Times journalists.
RACE/RELATED:
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Yet Afa S. Dworkin, the president of the Sphinx Organization, which is dedicated to encouraging diversity in classical music by
fostering young artists, argues that the pipeline is not the problem, and that talented musicians of color are out there and ready.
Afa S. Dworkin, the president of the Sphinx Organization (top left), participating in an
online panel discussion among leading Black musicians.
“As we speak,” she said in a recent online roundtable discussion among leading Black musicians, “about 96 Black and brown
students who were competitively selected from hundreds who auditioned for Sphinx’s summer programs are going to go through
intensive solo and chamber music training.”
She added that any of those young artists would soon be worthy of entrance to an elite conservatory and, in just a few years,
ready for top-tier auditions.
Sphinx has been attempting to change the auditions landscape. Two years ago, alongside the New World Symphony, a
prestigious — and notably diverse — training orchestra for post-college musicians, and the League of American Orchestras, a
trade group, Sphinx began a program to train musicians for auditions by pairing them with mentors, giving them performance
opportunities and awarding them stipends to travel to auditions. (The heavy costs associated with auditions disproportionately
affect younger musicians of color; if you can’t afford to buy many flights and hotel rooms each year, it doesn’t matter how well
you play.)
But orchestras must be a part of changing the landscape, too, by getting rid of blind auditions.
Change can be unnerving. Might the gains female players have made be reversed if the screen comes down? Might old habits of
favoring the students of veteran players return? Orchestras will need to be transparent about their goals and procedures if they
are to move forward with a new approach to auditions — one that takes race and gender into account, along with the full
spectrum of a musician’s experience.
Mr. McGill performing as a soloist with the Philharmonic in 2018. Hiroyuki Ito for The
New York Times
I put the question to Mr. McGill, the Philharmonic’s principal clarinet since 2014, who was more ambivalent about blind auditions
than I am.
“I don’t know what the right answers are,” he said, adding that the screen has proved effective at eliminating the coziness that
can creep into the auditions process when members of the jury have worked with the person playing.
Yet, he added, “representation matters more than people know.” He recalled how crucial it was to his early development as a
clarinetist, growing up on the South Side of Chicago, to be part of the Chicago Teen Ensemble, a small group of young Black
musicians who worked with a coach, made their own musical arrangements and toured the city giving concerts. It gave Mr.
McGill, he said, a sense that classical music “is very normal,” the same sense his presence could give to a young Black person
watching the Philharmonic.
“Is slow and steady change fast enough?” he asked. “The world has changed around us.”
When the Philharmonic plays, Mr. McGill stands out, not just for his magnificent playing but also as the kind of role model he
looked to as a young artist. Yet, now more than ever, the spectacle of a lone Black musician on a huge, packed stage at Lincoln
Center is unbearably depressing. Slow and steady change is no longer fast enough.
https://nyti.ms/39NrcKi
THE INTERPRETER
A New Covid-19 Crisis: Domestic Abuse Rises Worldwide
Movement restrictions aimed to stop the spread of the coronavirus may be making violence in homes more frequent, more
severe and more dangerous.
By Amanda Taub
Published April 6, 2020 Updated April 14, 2020
Add another public health crisis to the toll of the new coronavirus: Mounting data suggests that domestic abuse is acting like an
opportunistic infection, flourishing in the conditions created by the pandemic.
There was every reason to believe that the restrictions imposed to keep the virus from spreading would have such an effect, said
Marianne Hester, a Bristol University sociologist who studies abusive relationships. Domestic violence goes up whenever
families spend more time together, such as the Christmas and summer vacations, she said.
Now, with families in lockdown worldwide, hotlines are lighting up with abuse reports, leaving governments trying to address a
crisis that experts say they should have seen coming.
[Read: As coronavirus grips Russia, an age-old bane returns: drinking]
The United Nations called on Sunday for urgent action to combat the worldwide surge in domestic violence. “I urge all
governments to put women’s safety first as they respond to the pandemic,” Secretary General António Guterres wrote on Twitter.
But governments largely failed to prepare for the way the new public health measures would create opportunities for abusers to
terrorize their victims. Now, many are scrambling to offer services to those at risk.
But, as with the response to the virus itself, the delays mean that irreparable harm may already have occurred.
Lockdown and ‘Intimate Terrorism’
As cities and towns across China locked down, a 26-year-old woman named Lele found herself entangled in more and more
arguments with her husband, with whom she now had to spend every hour in their home in Anhui Province, in eastern China.
On March 1, while Lele was holding her 11-month-old daughter, her husband began to beat her with a high chair. She is not sure
how many times he hit her. Eventually, she says, one of her legs lost feeling and she fell to the ground, still holding the baby in her
arms.
A photograph she took after the incident shows the high chair lying on the floor in pieces, two of its metal legs snapped off —
evidence of the force with which her husband wielded it against her. Another image documents Lele’s injuries: Nearly every inch
of her lower legs was covered in bruises, a huge hematoma blooming on her left calf.
Lele — her full name is not being used for her safety — said that her husband had abused her throughout their six-year
relationship, but that the Covid-19 outbreak made things far worse.
“During the epidemic, we were unable to go outside, and our conflicts just grew bigger and bigger and more and more frequent,”
she said. “Everything was exposed.”
Mounting data suggest that domestic abuse is flourishing in the conditions created by the
pandemic. Yuyang Liu for The New York Times
As quarantines take effect around the world, that kind of “intimate terrorism” — a term many experts prefer for domestic
violence — is flourishing.
In China, a Beijing-based NGO dedicated to combating violence against women, Equality, has seen a surge in calls to its help line
since early February, when the government locked down cities in Hubei Province, then the outbreak’s epicenter.
Make sense of the day’s news and ideas. David
Leonhardt and Times journalists guide you through what’s
happening — and why it matters.
THE MORNING:
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In Spain, the emergency number for domestic violence received 18 percent more calls in the first two weeks of lockdown than in
the same period a month earlier.
“We’ve been getting some very distressing calls, showing us clearly just how intense psychological as well as physical
mistreatment can get when people are kept 24 hours a day together within a reduced space,” said Ana Bella, who set up a
foundation to help other women after surviving domestic violence herself.
On Thursday, the French police reported a nationwide spike of about 30 percent in domestic violence. Christophe Castaner, the
French interior minister, said he had asked officers to be on the lookout for abuse.
“The risk increases due to confinement,” he said in an interview on French television.
No Escape
In Spain, with the help of women’s associations, The New York Times contacted women stuck at home with an abusive husband
or partner and conducted interviews over WhatsApp.
One of them, Ana — who asked that her full name be withheld — shares an apartment with her partner, and says he has been
regularly abusing her. He insists on total surveillance at all times. If she tries to lock herself in a room, he kicks the door until she
opens it.
“I can’t even have privacy in the bathroom — and now I have to endure this in a lockdown,” she wrote in a message sent late at
night, to hide the communication from her husband.
Judith Lewis Herman, a renowned trauma expert at Harvard University Medical School, has found that the coercive methods
domestic abusers use to control their partners and children “bear an uncanny resemblance” to those kidnappers use to control
hostages and repressive regimes use to break the will of political prisoners.
“We can come to your place after the crisis,” the authorities are said to have told one abuse victim in
China. Yuyang Liu for The New York Times
“The methods which enable one human being to control another are remarkably consistent,” she wrote in a widely cited 1992
journal article. “While perpetrators of organized political or sexual exploitation may instruct each other in coercive methods,
perpetrators of domestic abuse appear to reinvent them.”
In addition to physical violence, which is not present in every abusive relationship, common tools of abuse include isolation from
friends, family and employment; constant surveillance; strict, detailed rules for behavior; and restrictions on access to such
basic necessities as food, clothing and sanitary facilities.
Home isolation, however vital to the fight against the pandemic, is giving still more power to the abuser, Dr. Hester said. “If
suddenly people have got to be at home,” she said, “that gives him an opportunity, suddenly, to call the shots around that. To say
what she should be doing or shouldn’t.”
The isolation has also shattered support networks, making it far more difficult for victims to get help or escape.
Fragile resources, overwhelmed
After her husband attacked her with the high chair, Lele limped to the next room and called the police. When they arrived,
however, they only documented the attack, then took no further action.
Next, she hired a lawyer and filed for divorce — only to find that the epidemic had cut off that avenue of escape, too. Her divorce
proceeding was postponed until April. She is still waiting for the court’s decision.
And finding a new home amid the outbreak proved difficult, forcing Lele and her daughter to continue to live with their abuser
for weeks.
It is a pattern playing out around the world.
Institutions that are supposed to protect women from domestic violence, many weak and underfunded to begin with, are now
straining to respond to the increased demand.
Feng Yuan, a co-founder of Equality, the Chinese advocacy group, said she had one client who called an emergency line only to be
told the police were too overstretched to help her. “We can come to your place after the crisis,” she recounted the operator saying.
In Europe, one country after another seems to have followed the same grim path: First, governments impose lockdowns without
making sufficient provisions for domestic abuse victims. About 10 days later, distress calls spike, setting off a public outcry. Only
then do the governments scramble to improvise solutions.
Italy was first.
Its lockdown began in early March. Soon after that, domestic violence reports began to rise, but there was nowhere for newly
desperate women to go. Shelters could not take them because the risk of infection was too great.
So the government said local authorities could requisition hotel rooms to serve as makeshift shelters where victims could
quarantine safely.
Soon after Italy went on lockdown, domestic violence shelters began to fill up. Alessandro Grassani for The
New York Times
Spain announced its lockdown on March 14; France’s began three days later. About two weeks later, with abuse reports soaring,
officials there announced that they, too, planned to turn vacant hotel rooms into shelters, among other emergency efforts.
In Britain, the authorities waited longer before imposing a lockdown.
Ten days before it began on March 23, The New York Times contacted the Home Office about what it planned to do about
domestic violence. The response: Only “existing sources of advice and support” would be available. The government later
published a list of hotlines and apps that victims could use to call for help, but only one was specifically tailored for the Covid-19
crisis.
By a week into lockdown, Avon and Somerset, in the southwest of the country, said domestic abuse reports were already up by 20
percent, and local forces elsewhere were bracing for the same.
Last week, after dozens of civic groups signed an open letter to the government calling for action, officials pledged to respond,
without offering specifics.
“Supporting victims of domestic abuse is a priority for the home secretary, and she is fully aware of the distress and anxiety this
period may cause to those suffering or at risk of domestic abuse,” the Home Office said in a statement. “We are working with the
police, domestic abuse charities, help lines and front-line workers to support and protect people,.”
It also said victims could “disregard orders to stay at home if they need to seek immediate refuge.”
Eventually, the lockdowns will end. But as the confinement drags on, the danger seems likely to intensify. Studies show that
abusers are more likely to murder their partners and others in the wake of personal crises, including lost jobs or major financial
setbacks.
With Covid-19 ravaging the economy, such crises are set to become much more frequent.
Reporting was contributed by Raphael Minder from Spain, Vivian Wang from Hong Kong, Constant Méheut from France and Elisabetta Povoledo from Italy.
Los Angeles Times
California sued again for requiring women on corporate boards
Associated Press, Nov. 13, 2019
California’s first-in-the-nation law requiring publicly held companies to put
women on their boards of directors is facing a second legal challenge.
The law requires publicly traded companies to have at least one woman on
their boards by the end of this year. By 2021, boards with five members
must have two women, while those with six directors must have three.
The Pacific Legal Foundation provided the Associated Press with the
lawsuit it filed in federal court Wednesday, arguing that the law violates the
equal protection clause of the U.S. Constitution.
The libertarian group wants to block such laws in California and other
states. Similar proposals have been introduced in Illinois, Massachusetts,
New Jersey and Washington state, the group said.
Illinois ultimately enacted a pared-down law this year requiring publicly
traded companies to report the demographics of their boards and plans for
promoting diversity to the state each year.
Some European countries, including Norway and France, already require
corporate boards to include women.
“The law mandates exactly what the equal protection clause forbids —
taking into account things like sex or race,” foundation attorney Anastasia
Boden said. “The Constitution is meant to ensure that people are free to be
individuals. Here, the law assumes that people of the same sex are
essentially interchangeable.”
Another conservative group, Judicial Watch, sued in August, arguing that
spending taxpayer money to enforce the law would violate the California
Constitution.
Secretary of State Alex Padilla is named in both lawsuits. He’s asking a
judge to throw out the Judicial Watch lawsuit, saying taxpayers have not
been harmed and thus have no standing to sue.
Companies face $100,000 fines if they fail to report their board
compositions to Padilla’s office. Those who fail to include the required
number of female board members can be fined $100,000 for a first
violation and $300,000 for subsequent violations.
Former Gov. Jerry Brown signed the measure into law last year as
lawmakers reacted to the national #MeToo movement against sexual
misconduct. The Democratic governor said at the time that the legislation
had “potential flaws” that could block its implementation but that it was
important to send a message.
State Sen. Hannah-Beth Jackson said her bill is already having a positive
effect but respects the right of anyone to file a challenge.
“I strongly believe — and significant research has shown — that this is a
policy that improves a business’ performance and their bottom line,”
Jackson said in a statement, noting that many companies have already
voluntarily complied.
She said the last all-male board of the S&P 500 added a female director,
“showing that diversity is within our grasp, and there are women who are
highly qualified and eager to step up.”
The California Chamber of Commerce opposed the measure, saying it
would be difficult for companies to implement and violates constitutional
prohibitions against discrimination.
The Pacific Legal Foundation’s lawsuit likely comes too late to block this
year’s deadline, Boden said, but she’s hoping for a ruling before
corporations are required to include more women by the end of 2021.
Boden argued that corporations are putting more women on their boards
even without the law. She cited the Equilar Gender Diversity Index by the
executive data company, which shows that women filled more than 40% of
director posts so far this year.
“We are actually near boardroom parity,” Boden said. “We don’t need this
law, which will actually cast doubt on the reason behind future hires.”
The foundation said nearly two-thirds of its funding comes from
individuals, about a quarter from foundations and the rest from
associations, businesses and others, and that no donations — corporate or
otherwise — go to support any specific case.
https://nyti.ms/2Xwa1bQ
Air Force Removes Height Requirement to Attract More Women
Pilots
The Air Force said it was dispensing with a restriction that effectively eliminated about 44 percent of
American women between the ages of 20 and 29.
By Johnny Diaz
Published May 25, 2020 Updated June 9, 2020
The Air Force has removed its minimum height requirement for prospective pilots in a move that it said would
encourage a more diverse pool of applicants, particularly women.
Previously, the Air Force had required officer applicants who wished to fly to be between 5-foot-4 and 6-foot-5,
with a sitting height of 34 to 40 inches.
Under the adjusted policy, which went into effect on May 13, applicants who are shorter than 5-foot-4 or taller
than 6-foot-5 will no longer be required to submit a waiver.
Although most height waivers were approved, the restriction effectively eliminated about 44 percent of
American women between the ages of 20 and 29, the Air Force said.
“We’re really focused on identifying and eliminating barriers to serve in the Air Force,” Gwendolyn DeFilippi,
an assistant deputy chief of staff for manpower, personnel and services for the Air Force, said in a statement.
“This is a huge win, especially for women and minorities of smaller stature who previously may have assumed
they weren’t qualified to join our team.”
With the removal of the blanket height standard, the Air Force said it would use an anthropometric screening
process to place applicants in planes they can safely fly.
The policy will allow the Air Force “to accommodate a larger and more diverse rated applicant pool within
existing aircraft constraints,” said Lt. Col. Jessica Ruttenber, the Air Force mobility planner and programmer
who led the effort to adjust the height standards.
Historically, she added, aircraft were engineered around the height of the average man.
The average height of an American woman over age 20 is 63.6 inches, or a little over 5-foot-3, according to the
Centers for Disease Control and Prevention. The average height of a man over age 20 is 69 inches, or 5-foot-9.
“While most height waivers were approved under the old system, feedback indicated the entire waiver process
served as a barrier, which negatively impacted female rated accessions,” said Lt. Col. Christianne Opresko, an
aerospace physiologist and the branch chief of the Air Force’s Air Crew Task Force.
The Air Force said that of its 12,373 pilots, all of whom are officers, 93.4 percent are men and 6.6 percent are
women.
“It’s hard to determine how many women did not previously apply due to their perception of not being fully
qualified or having to pursue a waiver,” she said.
Correction: May 31, 2020
An earlier version of a picture caption with this article misidentified the plane. It is an AT-6 Texan, not an AT-6
Wolverine. It also misidentified the location where the photograph was taken. It was Sweetwater, Texas,
not Sheppard Air Force Base in Texas.
Johnny Diaz is a general assignment reporter covering breaking news. He previously worked for the South Florida Sun Sentinel and The Boston
Globe. @johnnydiaz__

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