ISSUE
: “WHY I want to be a lawyer?!?!”
RULE: The purpose of this blog is to encourage discussion. I am totally aware that my opinions usually vacillate between the cynical and the idealistic, and this is my attempt, before I take the bar, to “come clean.” Thus I subject myself to you for debate. Don’t hold back.

HOLDINGS:

Sunday, December 1, 2013

Mindfulness meets Wall Street


Schumpeter

The mindfulness business

Western capitalism is looking for inspiration in eastern mysticism

IN HIS 1905 book, “The Protestant Ethic and the Spirit of Capitalism”, Max Weber credited the Protestant ethic with giving rise to capitalism. Now it sometimes seems as if it is the Buddhist ethic that is keeping capitalism going. The Protestants stressed rational calculation and self-restraint. The Buddhists stress the importance of “mindfulness”—taking time out from the hurly-burly of daily activities to relax and meditate. In today’s corporate world you are more likely to hear about mindfulness than self-restraint.
Google offers an internal course called “search inside yourself” that has proved so popular that the company has created entry-level versions such as “neural self-hacking” and “managing your energy”. The search giant has also built a labyrinth for walking meditation. EBay has meditation rooms equipped with pillows and flowers. Twitter and Facebook are doing all they can to stay ahead in the mindfulness race. Evan Williams, one of Twitter’s founders, has introduced regular meditation sessions in his new venture, the Obvious Corporation, a start-up incubator and investment vehicle.
The fashion is not confined to Silicon Valley: the mindfulness movement can be found in every corner of the corporate world. Rupert Murdoch has a well-developed bullshit detector. But earlier this year he tweeted about his interest in transcendental meditation (which he said “everyone recommends”). Ray Dalio of Bridgewater Associates and Bill Gross of PIMCO are two of the biggest names in the money-management business, and both are regular meditators. Mr Dalio says it has had more impact on his success than anything else.
What got the mindfulness wagon rolling was the 1960s counter-culture, which injected a shot of bohemianism into the bloodstream of capitalism: witness the rise of companies such as Virgin, Ben & Jerry’s and Apple, whose co-founder, Steve Jobs, had visited India on a meditation break as a young man, and who often talked about how Zen had influenced the design of his products. But three things are making the wheels roll ever faster.
The most obvious is omni-connectivity. The constant pinging of electronic devices is driving many people to the end of their tether. Electronic devices not only overload the senses and invade leisure time. They feed on themselves: the more people tweet the more they are rewarded with followers and retweets. Mindfulness provides a good excuse to unplug and chill out—or “disconnect to connect”, as mindfulness advocates put it. A second reason is the rat race. The single-minded pursuit of material success has produced an epidemic of corporate scandals and a widespread feeling of angst. Mindfulness emphasises that there is more to success than material prosperity. The third is that selling mindfulness has become a business in its own right.
The movement has a growing, and strikingly eclectic, cohort of gurus. Chade-Meng Tan of Google, who glories in the job title of “jolly good fellow”, is the inspiration behind “search inside yourself”. Soren Gordhamer, a yoga and meditation instructor, and an enthusiastic tweeter, founded Wisdom 2.0, a popular series of mindfulness conferences. Bill George, a former boss of Medtronic, a medical-equipment company, and a board member at Goldman Sachs, is introducing mindfulness at Harvard Business School in an attempt to develop leaders who are “self-aware and self-compassionate”.
Many other business schools are embracing mindfulness. Jeremy Hunter of the Drucker management school at Claremont university teaches it to his students, as does Ben Bryant at Switzerland’s IMD. Donde Plowman of the University of Nebraska-Lincoln’s business school has even tried to quantify the mindfulness of management schools themselves. The flow of wisdom is not one-way: Keisuke Matsumoto, a Japanese Buddhist monk, took an MBA at the Indian School of Business in Hyderabad and is now applying its lessons to revitalise temples back home.
As for its exploitation as a business, Arianna Huffington runs a mindfulness conference, a “GPS for the soul” app and a mindfulness corner of herHuffington Post. Chip Wilson, the boss of lululemon, a seller of yoga gear, has set up a website, whil.com, that urges people to turn off their brains for 60 seconds by visualising a dot. (“Power down, power up, and power forward.”)
A walk in the countryside
Does all this mindfulness do any good? There is a body of evidence that suggests that some of its techniques can provide significant psychological and physiological benefits. The Duke University School of Medicine has produced research that shows that, in America, an hour of yoga a week reduces stress levels in employees by a third and cuts health-care costs by an average of $2,000 a year. Cynics might point to the evidence that a walk in the countryside has similar benefits. They might also worry that Aetna, an insurer which wants to sell yoga and other mindfulness techniques as part of its health plans, is sponsoring some of the research that supports them. But it seems not unreasonable to suppose that, in a world of constant stress and distraction, simply sitting still and relaxing for a while might do you some good.
The biggest problem with mindfulness is that it is becoming part of the self-help movement—and hence part of the disease that it is supposed to cure. Gurus talk about “the competitive advantage of meditation”. Pupils come to see it as a way to get ahead in life. And the point of the whole exercise is lost. What has parading around in pricey lululemon outfits got to do with the Buddhist ethic of non-attachment to material goods? And what has staring at a computer-generated dot got to do with the ancient art of meditation? Western capitalism seems to be doing rather more to change eastern religion than eastern religion is doing to change Western capitalism.

Wednesday, October 16, 2013

The Day I Washed Mom's Car with a Brillo Pad.... or.... Reflections on the Godfather and Conditional Love in Italian Familes











I just finished watching the part where Michael has Fredo killed. Which got me thinking....

It was the same sort of incident where I enlisted Jen to bang up the wooden kitchen table with spoons -I needed attention and was out of ways to get it.

I remember lining up cicadid exoskeletons along grandma's driveway. I think everyone had sent us outside to wash the car. C was there. They were discussing the will. It took a long time. I was distressed -sensed distress. My mom was not living at home. Everyone was coming out of the woodwork to stake their claim over grandma's turf. Soon we would all be divided, grandma would be in the nursing home, we'd be looking at that mud lot on my cross country route with stars in our eyes. What happened at grandma's funeral other than AJ throwing punches and daddy coming in with his long coat floating behind him?

So, with options run out but time still lagging on, I once again convinced Jen and we took a brillo pad to mommy's car. I remember blue -the blue station wagon? It was 1998 -I was 15. Am I mixing memories again?

Tuesday, October 8, 2013

U.S. Priorities

Read this in the Economist this morning...about the government shutdown, but look where the most of our human resources are concentrated.

Armed forces: 1,386,000 (none of which get to drink extra beers during the shutdown)
Defence: 800,000
Homeland security: 231,117

Well, at least we're still good with Veteran Affairs.

Sunday, October 6, 2013

Lessons from Critical Race Theory 101

Here's some good stuff I pulled out of Critical Race Theory, an Introduction, by Richard Delgado and Jean Stefancic. Good read, highly recommend everyone should read it.

"In California, minorities of color together exceed the white population in size."

"The gap in income and family wealth between the richest few and the rest of society stands at one of the highest levels ever."

"Microaggression...one of those many sudden, stunning, or dispiriting transactions that mar the days of women and folks of color."

"Critical race theory [CRT] questions the very foundations of the liberal order, including equality theory, legal reasoning, Enlightenment rationalism, and neutral principles of constitutional law."

"Legal indeterminacy -the idea that not every legal case has one outcome."

"Poverty, however, has a black or brown face: black families command, on the average, about one-tenth of the assets of their white counterparts. They pay more or many products and services, including cars. People of color lead shorter lives, receive worse medical care, complete fewer years of school, and occupy more menial jobs than do whites. A recent United Nations report showed that African Americans in the United States would make up the twenty-seventh-ranked nation in the world on a combined index of social well-being; Latinos would rank thirty-third."

"In our system, rights are almost always procedural (for example, to a fair process) rather than substantive (for example, to food, housing, or education...[they are also] alienating. They separate people from each other...rather than encouraging them to form close, respectful communities."

The word for racism is the opposite of Eskimo's many different words for snow. Types of racism: biological racism, intentional racism, unconscious racism, microaggressions, nativism, institutional racism, racism tinged with homophobia or sexism, racism that takes the form of indifference or coldness, and white privilege -reserving favors, smiles, kindness, the best stories, one's charming side, and invitations to real intimacy for one's own kind or class.

"Today more African Americans attend segregated schools than they did when Brown v. Board of Education was decided."

"Multiple consciousness -[the idea that] most of us experience the world in different ways on different occasions, because of who we are. The hope is that if we pay attention to the multiplicity of social life, perhaps out institutions and arrangements will better address the problems that plague us."

"Early in our history, Irish, Jews, and Italians were considered nonwhite."

"White people benefit from a system of favors, exchanges, and courtesies from which outsiders of color are frequently excluded, including hiring one's neighbors' kids for summer jobs, a teacher's agreement to give a favored student an extra-credit assignment that will enable him or her to raise a grade of B+ to A-, or the kind of quiet networking that lands a borderline candidate a coveted position."

"The 'reasonable man' standard that operates in many areas of the law incorporates a white male bias."

"For the critical race theorist, objective truth, like merit, does not exist."

State of affirmative action: "Grutter v. Bollinger, reaffirmed Bakke's essential lesson. Public universities, if they see fit, may operate narrow affirmative action programs aimed at creating a diverse intellectual climate."

"The number of poor whites greatly exceeds the number of poor minorities."

"Real estate steering, redlining, and denial of loans and mortgages, especially after the end of World War II, prevented blacks from owning homes, particularly in desirable neighborhoods. IT also excluded them from sharing in the appreciation in real estate property values that some eras have witnessed. Confinement to certain neighborhoods, in turn, limits where black and Latino parents may send their children to school and so perpetuates the cycle of exclusion from opportunities for upward mobility that have enabled many poor whites to rise."

"More whites receive welfare than people of color."

"White poverty usually lasts for only a generation or two, not so for the black or brown variety -it is apt to last forever. By the same token, middle-class or professional status for blacks, browns, or American Indians is less secure than for others. Their children can fall from grace with breathtaking speed; sometimes all it takes is one arrest or a few very low grades in school."

"On any given day, over 60 percent of the black men in [D.C.] are enmeshed in the criminal justice system -in jail or in prison, on probation or parole, or wanted on a warrant. In East Los Angeles, 50 percent of young Mexican American men suffer the same fate. Black men who murder whites are executed at a rate of neatly ten times that of whites who murder blacks. And as most readers of this book will know, the number of young black men in prison or jail is larger than the number attending college."

"Crack cocaine offenses receive harsher penalties than those that apply to powder cocaine. Figures show that white-collar crime, including embezzlement, consumer fraud, bribery, insider trading, and price fixing, causes more deaths and property loss, even on a per capita basis, than does all street crime combined."

"On the premise that 'legal realism' will soon reach First Amendment jurisprudence, sweeping aside mechanical rules and barriers in favor of a broader, more policy-sensitive approach, critical race theorists have been tackling some of the most common policy objections to hate-speech regulation, including that more speech is the best remedy for bad speech, that hate speech serves as a pressure valve relieving tension that might explode in an even more harmful manner later, and that a focus on speech fails to get at the 'real problem'."

Most corporations favor affirmative action??

Saturday, October 5, 2013

Sunday, September 29, 2013

Evidence of Crazy Love Series I

Sam just went to a friend's engagement party. She's known this friend since she was 15 -known her to make good decisions. Guy knew her for 3 weeks and proposed. I think she flew back here and will be here for a few months, then he's doing something. Basically they have been apart for a bunch of months post-engagement, post knowing each other for 3 weeks, and now they're coming back together.








Sue's bf flew across the world (from the U.S. to Indonesia) for 30 hours to surprise her on her 30th birthday.

Friday, September 27, 2013

Critical legal studies

Just began reading an intro to Critical Race Theory.

Who knew critical legal studies was a whole movement? Will have to investigate further but so far I like it.

From Wikipedia:

Critical legal studies was a movement in legal thought in the 1970s and 80s committed to shaping society based on a vision of human personality devoid of the hidden interests and class domination that was perceived to be behind existing legal institutions. Adherents of the movement sought to destabilize traditional conceptions of law, and to unravel and challenge existing legal institutions. The more constructive members, such as Roberto Mangabeira Unger, sought to rebuild these institutions as an expression of human coexistence and not just a provisional truce in a brutal struggle, and were seen as the most powerful voices and the only way forward for the movement. Unger is one of the last standing members of the movement to continue to try to develop it in new directions—namely, to make legal analysis the basis of developing institutional alternatives.

Sisters & How to Paint

I love looking at this photo. there is so much similarity but i cant tell where it is. i think our eyes might tell the same story -slightly sad, slightly confused, slightly begging you to like us, also slightly happy and i think we're pretty determined to survive. Our face shape is kind of the same, except I have a wider chin. Our skin color differences are hilarious. All the spacing on our face is the same (i.e. eyebrows same distance apart, relationship between eyes and nose and mouth is the same) (this is the biggest problem with trying to paint faces, as its hard to tell and we're not used to looking at it. we usually just paint eyes, nose and mouth but how far apart they are from each other is crucial). Our mouths would be almost the same if I didn't have an almost-cleft lip. : ) I feel like whoever did this photo edited our teeth because they both look great and straight and I know for one that I have one snaggle tooth that doesn't show here. Our hairline would be the same if mine wasn't acting unruly. See, anyone who thinks they can't do art, its not that you can't, its just that your not as OCD about analyzing faces as I am. And therefore probably lots less awkward in interactions...: )

Your eyes are bigger of course but mine are shockingly not doing bad in this photo.

Thursday, September 26, 2013

Charles Taylor conviction affirmed -50 years. Don't f* with justice, world.



Thursday 26 September 2013

Charles Taylor to spend rest of life in British jail for Sierra Leone war crimes

Charles Taylor, the warlord turned president of Liberia, is expected to spend the rest of his life in a British prison after failing to overturn a 50-year sentence for war crimes against the people of neighbouring Sierra Leone.

Charles Taylor appeals war crimes sentence
The sentence was the first handed down against a former head of state in an international court since the Nazi trials at Nuremberg in 1946 Photo: AP

Taylor, impassive in a dark suit and gold-rimmed sunglasses, listened as his sentence was confirmed by Mr Justice George Gelaga King, the president of the United Nations appeals chamber.
Taylor, 65, was found guilty last year of 11 counts of war crimes, including murder, rape, torture and the enslavement of child soldiers. These offences were carried out in Sierra Leone by a brutal guerrilla army, styling itself the Revolutionary United Front (RUF). Taylor gave the RUF guns, training and recruits in return for diamonds - which made him responsible for “aiding and abetting” their atrocities, ruled the UN Special Court.
Under a current agreement, Taylor, 65, will be jailed in Britain for 50 years, for arming and supporting rebels in Liberia's neighbour Sierra Leone during the brutal 1990s civil war after United Nations judges threw out his legal challenge.
Justice Gelaga King, a Sierra Leone judge and president of the appeals chamber of the special UN tribunal set up to investigate crimes in his country, delivered a judgment summary that took one hour and 15 minutes to read out.
"The sentence is fair in the light of the totality of the crimes committed," said the judge. "The defence failed to demonstrate any discernable errors in the trial chamber's sentencing."

Taylor will serve his sentence in Britain where he is expected to be a “category A” inmate fit only for a maximum-security prison. If so, the cost to the British taxpayer will be up to £80,000 per year.
Asking Taylor to rise, Justice Gelaga King said: "The appeal chamber affirms the original 50 years of imprisonment imposed by the trial, and orders this judgement should be enforced immediately."
Wearing a black double breasted suit, gold coloured tie, gold cufflinks and gold-rimmed sunglasses, Taylor remained impassive.
UN judges found Taylor guilty of 11 counts of war crimes and crimes against humanity, including murder, rape, torture and the use of child soldiers and of "aiding and abetting" a campaign of terror by Sierra Leone rebels during a civil war that claimed 120,000 lives between 1991 and 2001.
"Charles Taylor is the first former head of state to be convicted of war crimes by an international criminal tribunal since Nuremburg in 1946," said Brenda Hollis, the UN prosecutor.
"This sentence makes it clear that those responsible for criminal conduct will be severely punished. No sentence less than 50 years would have been enough to achieve retribution and deterrence."
The former Liberian leader and warlord is expected to be moved to Belmarsh Prison over the coming days before being transferred to a maximum security jail later this autumn.
Morris Anyah, his defence lawyer, is planning an application to Justice Galega King that Taylor "might not serve his sentence in the UK, which has offered".
The defence wants Taylor to be imprisoned in Rwanda, where other people convicted by the UN court for Sierra Leone have been jailed, because he would be nearer his family and would not be "removed from traditions and culture".
"Mr Taylor has young children who might not be used to cold weather in Europe. There are issues with the food," said Mr Anyah. "He expressed his view that the next phase of life is to see how to preserve his contact with his family and ensure that his younger children are provided for."
The final decision on sending Taylor to the UK will be taken in the coming days with Finland or Sweden said to be other possibilities at the discretion of the UN judge.
The final decision on sending Taylor to the UK will be taken anytime between "the next couple of days or two weeks" with Finland or Sweden said to be other possibilities at the discretion of the UN judges.
"The president of the court decides on the basis of information and other considerations. The UK is an option and there is an agreement," a court official told The Telegraph.
The judgment is an historic one at a time of high-profile international court cases involving African leaders because Taylor's conviction is the first of a head of state for war crimes since the Nazi trials at Nuremburg 67 years ago.
During his trial, Naomi Campbell, the supermodel, and Mia Farrow, the film actress, gave important evidence about gifts of "dirty" diamonds given by Taylor at a celebrity charity dinner hosted by then South African president Nelson Mandela in 1997.
The UN appeal court found that war crimes carried out by Sierra Leone rebels, the RUF, were inextricably linked to their military aims, to instil "fear, by killing, enslaving and raping".
The appeal judge ruled that the "factual basis" for Taylor's support for the rebels "has been confirmed" and that he had traded diamonds with them in return for arms.
The appeal judge also upheld trial rulings that Taylor had helped provide the rebels with military personnel logistical support, including finances, arms, safe havens and other supplies. The UN court found that Taylor had told rebels to make the population "fearful" and to use "all means" during military operations.
His legal team used the acquittal in February of Momcilo Perisic, a Serb general, whose 27-year sentence for war crimes committed during the wars of the 1990s in the former Yugoslavia was overturned.
"The appeal chamber is not persuaded that there are cogent reasons to depart from the trial chamber findings," said the judge. "The appeal chamber concludes that specific direction is not needed."
In General Perisic's case, UN judges at a different tribunal for the former Yugoslavia found that it necessary for prosecutors to establish "specific direction" in the commissioning or committing of war crimes to establishing guilt and to uphold prison convictions.
In a major blow for Taylor, the UN appeal judges rejected defence arguments that the prosecution had relied on "uncorroborated hearsay" from witnesses, ruling that the balance of evidence was sufficient
"The defence bases its challenge on legally erroneous reasons or objections," said the judge.
"The trial chamber applied the rules of the evaluation beyond a reasonable doubt. The appeals chamber finds no merit in the evidential submissions."
Claims that by Taylor that the UN trial court was biased and unfair was rejected by the appeal judges as "unsupported, disingenuous and ludicrous".
The appeal judges rejected calls earlier this year from prosecutors for the special UN tribunal to find him guilty of additional charges of ordering and instigating war crimes, increasing his prison sentence to 80 years.
The UN prosecutors were concerned that a lesser jail sentence will fail to send a message to African leaders that involvement in atrocities or war crimes will be punished by whole life sentences in foreign prisons.
Judges rejected arguments from the prosecution that the trial court made a mistake by only convicting Taylor of aiding and abetting Sierra Leone's notorious Revolutionary United Front and other rebel groups.
"In this case, the trial chamber did not err in law," said judge Gelaga King.
The UN court ruled last year that Taylor helped rebels in Sierra Leone with the preparation and execution of crimes that "resulted directly from (his) plans" but that he did not command their execution or instigate them.
Taylor had pleaded not guilty to all counts, claiming in seven months of testimony in his own defence that he was a statesman and peacemaker in West Africa.
During Taylor's trial which began proper on June 4, 2007, some 94 witnesses took the stand for the prosecution and 21 for the defence. Taylor himself testified for 81 hours.
Judges heard gruesome testimony from victims of the Sierra Leone conflict, including a witness who said he pleaded with RUF rebels to cut off his remaining hand so they would spare his toddler son.
Others said Taylor's fighters strung human intestines across roads, removed foetuses from women's wombs and practised cannibalism, while children younger than 15 were enlisted to fight. One witness said he was present when the Liberian leader ate human liver.
Nigerian authorities arrested Taylor in March 2006 when he tried to flee from exile in Nigeria after stepping down as Liberian president three years earlier in a negotiated end to a civil war in his own country.
http://www.telegraph.co.uk/news/worldnews/africaandindianocean/liberia/10336000/Charles-Taylor-to-spend-rest-of-life-in-British-jail-for-Sierra-Leone-war-crimes.html

Comparing Constitutions in the World -great resource for intl law project




Monday, September 16, 2013

Legal Philosophy Lesson 1: Law & Economics

(will read and comment later) From admin reading: Sometimes, the common law system is thought to promote both liberty and economic efficiency (on the later point, see Richard Posner, Economic Analysis of the Law (6th ed. 2000), sometimes it is thought to do neither, and be undemocratic as well.

Wednesday, September 4, 2013

A Way Forward? Nonconsensual International Lawmaking

I guess if I thought about it, I could have figured it out. But in my first three weeks of International Law class, which I almost didn't take because I thought it would be remedial, I am actually learning a lot about the foundations and philosophies behind international law (thus it is more, right, up my alley). And the first three weeks has been all about consent -what it means, how to get it, how to give it, what can be done with or without (almost nothing) it.

I also thought sovereign just meant independent, but I guess a more legalese definition is "an entity that no other entity can make laws over." (Yes, I made that up myself, surmised from my readings.) So the argument goes that sovereign states, by their very definition, can't have other laws over them that are binding. So any type of international law has to come from consent. And for the most part, every state has to consent to be bound by any international laws.

But, there is growing consideration that in areas such as the environment, terrorism, etc., perhaps a larger cooperative body has emerged in the modern era. And so perhaps we are ready for a cataclysmic change where the sovereign is the international community. Of course, this brings a plethora of complications, ambiguities, you know metaphysical kind of stuff which is just where I belong.

And so at some point, I should read and comment on this article. But in the meantime, enjoy.
Nonconsensual International Lawmaking, 2008 U. Ill. L. Rev. 71 (2008). I have it on file so email me if you want a copy.

San Vito to Seyne sur Mer and everything in between...


Create a gorgeous, high quality wedding photo album at Shutterfly.com.

Friday, July 12, 2013

I think I found what I want to do with my life

http://www.nuigalway.ie/human_rights/Programmes/peace_operations_llm.html

Absolutely awesome film on the ECCC and defense of Duch, head of S-21, and Francois Roux, now head of defense at the STL



The Khmer Rouge and the Man of Non-Violence
http://www.lesfilmsdici.fr/en/catalog/966-khmer-rouge-et-le-non-violent-le.html

Profile of Francois Roux, my new role model:
http://www.stl-tsl.org/en/about-the-stl/key-characters/head-of-defence-office-francois-roux

Some writing about the dramatic Duch closing arguments, with the defense divided, the court asking if they are pleading guilty or asking for an acquittal:

http://www.cambodiatribunal.org/taxonomy/term/50

Quotes from Francois Roux closing argument, incredibly moving and deeply philosophical, to come soon hopefully.

Wednesday, July 10, 2013

The Breaker is Broke....

This Professor almost singlehandedly broke me 1L year. This should be interesting....

http://www.denverpost.com/breakingnews/ci_23628967/du-professor-files-gender-based-lt-br-gt
LOCAL NEWS

DU professor files gender-based wage-bias case against law school

POSTED:   07/09/2013 05:31:39 PM MDT
UPDATED:   07/10/2013 12:16:55 AM MDT
By Colleen O'Connor
The Denver Post

University of Denver law professor Lucy Marsh has filed an EEOC charge alleging that Sturm College of Law violated federal law by paying her less than a man in a similar job.
University of Denver law professor Lucy Marsh has filed an EEOC charge alleging that Sturm College of Law violated federal law by paying her less than a man in a similar job. (Andy Cross, The Denver Post)

University of Denver professor Lucy Marsh on Tuesday filed a charge of discrimination with the Equal Employment Opportunity Commission alleging that Sturm College of Law violated federal law by paying her less than a man in a similar job and failed to correct the inequity when it had the chance.
DU spokeswoman Kim DeVigil declined to comment on the filing. "We do not discuss active complaints, nor do we discuss confidential personnel information."
The filing comes a month after the EEOC, the agency responsible for enforcing federal anti-discrimination laws, marked the50th anniversary of the Equal Pay Actby prioritizing pay discrimination as one of the six top issues of the next three years.
According to the EEOC, in 2012 women in general earned 77 percent of what men made, and at the current rate of progression, the gender wage gap will not close until 2057.
"What I hope comes out of this is not just fair compensation to professor Marsh and to fix the system, but hopefully there will be lessons learned that other universities, law schools and employers can look at and say, 'This is something that we can look at, to make sure the women are not paid less for equal work,' " said Jennifer Reisch, one of Marsh's lawyers and legal director ofEqual Rights Advocates, a national civil rights organization.
According to the Tuesday filing, the charge of discrimination arises from the "stark inequality between the salaries of male and female full professors" at Sturm College of Law. According to the filing, Marsh is the lowest paid professor, earning $109,000 per year, compared with the median full-professor salary of $149,000.
"Professor Marsh believes that she and other female professors at the law school were discriminated against with respect to compensation because of their gender and were paid less than men performing substantially equal work under similar conditions in the same establishment," the filing says.
Documents filed in the case include a December 2012 memo from Dean Martin Katz to the faculty about the allocation of funds for law-school pay raises.
He said the funds, received as part of the university-wide Faculty Salary Competitiveness Initiative designed to attract and retain top academic talent, would be given to the top 25 performers at the school, with the goal of getting them closer to their competitive target salaries.
In a section on gender-based salary equity, he said this round of raises "were applied 'without regard to trying to correct potential inequities.' "
The memo showed that the wage gap for full-time professors widened further after the recent raises. It said the median salary for female full-time professors was $7,532 a year less than for males before this round of raises and $11,282 a year less than that for men after this round of raises. The mean salary for female full-time professors was $14,870 a year less than that for men before this round of raises and $15,859 a year less than for males after this round of raises.
"I was absolutely shocked to see that discrepancy and that blatant admission of discrepancy and to see it is getting worse," Marsh said in a phone interview.
Marsh, who began teaching at DU in 1973 and became a full professor in 1982, had never asked for a raise. She hadn't even thought about pay parity until another female law professor —Ann Scales, a founder of the field of feminist legal theory— first raised the issue.
According to documents in the case, after Katz announced that the university had earmarked funds for law school faculty raises, Scales expressed concerns about gender inequity in faculty salaries and asked that the additional funds be used to remedy any inequities.
Scales' inquiries in spring of 2012 began mildly but escalated when Katz declined to respond to her request for reassurances there was no gender inequality at the law school, Marsh said.
She got "a bit more fiery," Marsh said, because pay equity "is not something done out of consideration. It's the law."
Scales died in June 2012 from massive brain trauma after falling down the stairs at her home.
"I thought that in her honor I would continue her crusade and make sure to get an answer," Marsh said.
Although Marsh had detailed her concerns and asked for specific data on faculty salaries in an e-mail to Katz before that meeting, documents filed with the EEOC say Katz "was unwilling to give Prof. Marsh much of the information she requested, did not know her starting salary or her DU target salary, and presented incorrect information regarding (her) start date and publications."
He did, however, tell her that she was the lowest paid professor on the faculty.
Marsh's current salary is $109,000. Katz said her competitive target salary is $181,000.
"I was very, very surprised," Marsh said. "At the end of the meeting, I asked what he was going to do about it, and he said, 'nothing.' "
She felt something had to be done.
"I decided I would be the best one to bring litigation or turn the spotlight on this because I have a very strong teaching record, and I'm not just starting my career," Marsh said.
Marsh, the daughter ofThompson Marsh, a respected DU law school professor, is a graduate of the University of Michigan Law School. Her professional experience includes working for Dale Tooley at the Denver District Attorney's office 1976-79 and serving on the Colorado Real Estate Commission from 1977-82, appointed by former Gov. Richard Lamm.
She has received professional honors from"The Colorado Lawyer"and the Denver Bar Association, and in 2010she won the "Excellence in Teaching" award at the school's annual Law Stars fundraiser.
At DU, she teaches classes in trusts and estates and civil procedure, and she recently startedthe Tribal Wills Project, supervising students drafting wills pro bono on the Southern Ute and Ute Mountain reservations in Colorado. This program is an extension of the Wills Lab, a clinical program she created nearly 30 years ago in which law students work with practicing attorneys to draft wills for low-income clients.
"Most people would be astonished that it would be possible for someone of her caliber and commitment to be the worst paid of the full-time professors at the school," Reisch said.
Baine Kerr, a Boulder lawyer who also represents Marsh, said that they tried to remedy the wage equity issue before filing the discrimination charge but received no response from DU.
"We are skeptical that there are actual justifications," he said, "both because of the apparently systemic ... character of the discrepancies and because if there were actual justifications, we would have heard about them."
As for Marsh, she's prepared for a tough road.
"You are taking a risk with something like this," she said. "They will try to point out everything I have ever done wrong. I think they will come up empty-handed. But I was a litigator once, and I know they try to tear people apart."
Colleen O'Connor: 303-954-1083, coconnor@denverpost.com or twitter.com/coconnordp


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