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THIS BLOG IS NOT GIVING LEGAL ADVICE, JUST COMMENTARY AND OPINION, COUNSEL SHOULD ALWAYS BE CONSULTED FOR ADVICE FOR A SPECIFIC LEGAL PROBLEM



Sunday, May 15, 2011

SEX IS AN ISSUE

SEX IS AN ISSUE
Judge Sonia Maria Sotomayor’s confirmation hearing was conducted while I was drafting this manuscript. ( My second book) There were questions surrounding her comments regarding the knowledge of a Latino woman having more knowledge that a white educated male. Those opposed to her confirmation asked, “What did she mean by that statement? Was she not going to follow the letter of the law or was she going to use her own personal judgment.” No male candidate would have been question like that. Her nomination was confirmed by the United States Senate in August, 2009 by a vote of 68-31. She became the third woman to set on the United States Supreme Court. Clearly, the topic of sex continues to be relevant.
While this book has been written (the second book written while blogging), a second female Supreme Court Judge had been sworn in, which means there are three woman on the Supreme Court bench. Justice Kagan was the Dean of the Harvard Law School prior to being sworn in. Lady Justice is blind, however, she can hear.
Look at Bill Clinton’s punishment for misstating the true. He received a five year suspension from the practice of law; for saying he didn’t have sex with that woman, and all the after math of his actions. Did he receive five years because he was male or because he was President? There were no criminal charges against President Clinton.
Michael Vick was one of the best quarterbacks in the history of the NFL. In 2007 he was implicated in an illegal interstate dog fighting ring. He plead guilty on state and federal charges. He spent 21 months in prison and 2 months on house arrest. After he was released from prison, he was given permission to return to the NFL and returned to play football with the Eagles. Vick appeared to be sincerely sorry and had forgiven himself. At the end of the season his team awarded him the Ed Block Courage Award for 2009.
Eliot Spitzer was the Attorney General for the State of New York. He was nationally known as the “Sheriff of Wall Street”. As he ran for governor, he promised to change state politics. He took office as New York’s governor in 2007. He resigned on March 12, 2008 in the middle of a sex scandal. Mr. Spitzer spent more than $100,000 on prostitutes. He resigned in an attempt to save himself from having criminal charges filed. No charges were filed. Spitzer is a television commentator for CNN, teaches undergraduates at the City College of New York and is a guest speaker at Harvard on ethics.
Would a woman have been treated in the same manner as Clinton, Vick or Spitzer? Would a woman have been at their level to begin with? Do woman recover as men do after a fall from grace?
Family issues were and are different for men and women. The way men and women are perceived is different. It is difficult to be an aggressive, powerful, woman and not be considered a bitch.
In The Mitgator: A new way of looking at the death penalty by Jeffery Toobin, Toobin writes about Danalynn Recer and her death-row defense strategies. His description of her could be said about many female lawyers, “Danalynn is difficult. Her peremptory manner and abundant self-confidence are familiar traits among entrepreneurs, and they are generally more often forgiven in men than in women.” Toobin states it correctly, “traits more often forgiven in men than in woman.” The issue is- how can women be successful, without losing their female traits or viewed as “******”.
In an interview with Missouri Lawyers Media legal secretaries said, they preferred to work for male associates and male partners. The secretaries said female attorneys were emotional, demanding with “more to prove” and “put on airs”. Working for a woman exposes some very complex class dynamics. This interview questions additional issues; the superwoman complex, save the world, supermom , super attorney and the need to prove more and to put on airs. What are your thoughts on the male/female issues?