Vol. 87 No. 2 2002 Justice Ginsburg to be Honored at NAWL Annual Meeting

Details inside L-R] NAWL President-Elect Ellen Pansky and President Liz Bransdorfer flank the midyear meeting honorees: NAWL member Stephanie Scharf Judge Margerie O. Rendell, 3rd Circuit Court

Inside:

CRLP v. Bush and the Global Gag Rule

A View from the Bench - How tough women lawyers

lose a “natural” advantage Justice Sandra Day O’Connor (right) and Planning Committee member Selma Moidel Smith Justice Ruth Bader Ginsburg to Receive Mansfield Award at NAWL’s Annual Meeting August 10, 2002

Plan now to join us for a very special occasion. NAWL will present Supreme Court Justice Ruth Bader Ginsburg with the Arabella Babb Mansfield Award at the Annual Meeting Luncheon in Washington, D.C. The law firms of Dickstein Shapiro Morin & Oshinsky and Jenner & Block will also be honored for their continued support to NAWL and their dedication to our mission of equity and advancement for women in the profes- sion.

Keeping Her in Her Place: New Challenges to the Integration of Women in the Profession

August 10 - 12, 2002

NAWL is cosponsoring what we hope will be a mile- Summit Organizing Committee: stone event and a serious assault on the glass ceiling. Former ABA Presidents Martha Barnett and The summit’s organizers are inviting many of the Roberta Ramo; United States District Judges, The most influential men and women in the profession to Honorable Nancy Atlas, The Honorable Ellen Segal find ways to revamp the practices that underlying Huvelle, and The Honorable Barbara Lynn; Margaret keep women from reaching the top echelons of the Brent Award Winner Laurel Bellows; and Carolyn Lamm, law. Roberta Liebenberg, Charisse R. Lillie, Sara D. Lipscomb, Barbara Mayden, Studies show that despite women’s equal presence Charna E. Sherman, Lee Stapleton Milford, Christina in law schools, only 15.6% of women become partners Tchen, D. Jean Veta, and Andrea Zopp in law firms nationwide, and only 13.7% become counsels of Fortune 500 companies. ABA Co-SSponsors: There is also evidence for a strong economic The Section of Litigation, The Section of Business motive to overhaul current systems. Current practices Law, The Commission on Women in the Profession, and foster a high rate of dissatisfaction among women The Commission on Racial and Ethnic Diversity in the lawyers and an expensive early exodus from the pro- Profession fession. Non-AABA Co-SSponsors: Join Senator Hillary Rodham Clinton and top lead- The National Association of Women Lawyers, The ership to formulate just how to make good in this cen- National Conference of Women’s Bar Associations, and tury on the real promise the profession made when it the National Association of Law Placements opened its doors to women in the last century.

WOMEN LAWYERS JOURNAL — 2 NAWL Executive Board In this issue of President Women Lawyers Journal ELIZABETH K. BRANSDORFER Grand Rapids, MI Published by the National Association of Women Lawyers / Vol. 87, No. 3 President-EElect Pages ELLEN A. PANSKY South Pasadena, CA D.C. Annual Meeting Alert 2 Vice President Midyear Programs & Recognition 4 ZOE SANDERS NETTLES by Ellen Pansky Columbia, SC The Global Gag Rule 7 Treasurer by Julia L. Ernst NANCY J. NICOL Chicago, IL Men and Women of the Bench Honor California’s Legal Pioneer 13 Treasurer-EElect by Selma Moidel Smith MARGARET FOSTER Chicago, IL A View from the Bench 12 by Justice Anne Burke Recording Secretary LORRAINE K. KOC International Law Report: Philadelphia, PA Fresh Challenges for Afghan Women 16 by Eva Herzer Corresponding Secretary CARYN GOLDENBERG CARVO Balancing Act: Getting Clear 21 Ft. Lauderdale, FL by Susan Kroeger Members-aat-LLarge LESLIE AUERBACH LEWIS Winter Park, FL

About NAWL NANCY PETERSON Philadelphia, PA Founded in 1899, NAWL is a professional association of attorneys, judges, law students and nonlawyers serving the educational, legal and practical interests of the organized REBECCA A. SPEER bar and women worldwide. Women Lawyers Journal®, National Association of Women San Francisco, CA Lawyers®, NAWL®, and the NAWL seal are registered trademarks. ©2001 National ABA Delegate Association of Women Lawyers. All rights reserved. MARGARET DREW How to contact NAWL Norwood, MA

By mail: 750 N. Lake Shore Drive 12.4, Chicago, IL 60611-4497; by telephone: (312) 988- Immediate Past President 6186; by fax: (312) 988-6281; by e-mail: [email protected]. GAIL SASNETT Gainesville, FL About Women Lawyers Journal Past President EDITORIAL POLICY Women Lawyers Journal is published for NAWL members as a KATHERINE J. HENRY forum for the exchange of ideas and information. Views expressed in articles are those of Washington, D.C. the authors and do not necessarily reflect NAWL policies or official positions. Publication of an opinion is not an endorsement by NAWL. We reserve the right to edit all submis- Women Lawyers Journal sions. Editor ARTICLES Book reviews or articles about current legal issues of general interest to GAIL SASNETT women lawyers are accepted and may be edited based on the judgment of the editor. Editorial decisions are based upon potential interest to readers, timeliness, goals and Managing Editor objectives of the association and quality of writing. No material can be returned unless LISA L. SMITH accompanied by a self-addressed, stamped envelope. Chicago, IL

TO ADVERTISE Contact NAWL headquarters for rate information.

TO SUBSCRIBE Annual dues include a subscription to the Women Lawyers Journal. Women Lawyers Journal (ISSN 0043-7468) is Additional subscriptions or subscriptions by nonmembers are available for $16 in the published quarterly by the National U.S. and $20 international. Back issues are available for $5 each. Association of Women Lawyers (NAWL), 750 N. Lake Shore Drive, 12.4, Chicago, IL 60611-4497.

WOMEN LAWYERS JOURNAL — 3 GENDER & RACIAL

Panelist Professor Phoebe Haddon, BIAS Temple University and NAWL presi- dent-elect and program chair Ellen Pansky. NAWL and employment issues. Philadelphia Panelist Alan B. Epstein of Spector, Gadon & Rosen PC, chair of his firm’s employment Midyear pro- law group, specializes in litigat- ing employment rights, civil grams generate rights and constitutional torts in state and federal courts. Panelist Alice W. Ballard, a insight and practitioner who has been rep- resenting plaintiffs in employ- controversy on a ment rights litigation for over 25 years, also serves as a law continuing problem professor and author. The panelists focused on the presence of women in the legal profession, currently consisting of 275,000 out of 980,000 lawyers practicing in the United On February 1, 2001, NAWL Block, Schorr & Solis-Cohen. States. The research projects presented two interesting and Mr. Segal, counsels and con- published by numerous individ- thought-provoking programs sults with firms and clients in uals were discussed with the at its Mid-Year Meeting. The policy development addressing audience, including the writ- first, entitled “Gender Bias in sexual and other unlawful ings of Cynthia Fuchs Epstein the Law Firm: Where Are We harassment, discipline and ter- and Diane L. Bridge. The con- Now?,” was moderated by minations, drafting of employ- tinuing paucity of female part- Jonathan Segal of Wolf, ee handbooks and other labor ners and managers in the

Volume 87 No. 2 WOMEN LAWYERS JOURNAL — private firm setting and possi- of Southern California Law implicating both racism and ble reasons for this phenome- School and Professor Phoebe sexism in the legal profession. non were discussed and the Haddon of Temple University One of her topics, addressing a panelists agreed that the “glass School of Law. Professors child’s question of why boys ceiling” is yet to be shattered. Armour and Haddon presented walk on the outside and girls the results of numerous walk on the inside of the side- research projects, which have walk, compared the concepts of established the overriding enforcing female stereotypes of influence of stereotyping in our vulnerability against a recogni- culture, including racial tion of the social reality of gen- stereotyping present in der differences. She also preschool children, of all races. recounted an experience in Additionally, which she, despite wearing a prominent red dress in a sea of Professor Armour explored dark suits, was treated as if she the subtle and sometimes sub- was invisible. conscious types of stereotyping which we all experience, There was a great deal of including the ingrained belief audience participation in both that blacks are more “violent,” the panels and the audience and more athletically accom- evaluation of the presentations plished, while women are seen was high. For those who were NAWL’s immediate past presi- unable to attend, copies of dent Gail Sasnett and as less competent and artistic, Stephanie Scharf, in animated even when judged by members written materials disseminated discussion after Gender & of their own group. at these programs may be Racial Bias CLE. obtained by contacting NAWL’s Professor Haddon shared executive offices. some personal experiences, In addition to discussing the advancements and limitations on women in the legal profes- sion, the panelists also explored more controversial topics, including the extent to which gender stereotypes serve to influence women to perpet- uate traditional roles. The audience was challenged to rethink their perceptions and preconceptions. The afternoon panel was entitled “Gender and Racial Stereotyping and Its Effect on Legal Performance.” The panel was moderated by NAWL board member Ellen A. Pansky and featured Professor Jody David Armour of the University (L-R) Los Angeles attorney Ernestine Forrest, NAWL vice pres- ident Zoe Sanders Nettles, president Liz Bransdorfer and Prof. Jody David Armour, U.S.C. School of Law.

Volume 87 No. 2 WOMEN LAWYERS JOURNAL — Judge Marjorie O. Rendell and Stephanie Scharf Honored at Midyear Meeting

NAWL President Elizabeth friend Jane Dalton, who described surround themselves with people Bransdorfer awarded the NAWL Rendell’s dedication to her profes- who will “will you to succeed.” President’s Award for Excellence sion and to the larger community. She recalled with appreciation to Third U.S. Circuit Court of Judge Rendell has worked tirelessly the assistance she provided David Appeals Judge Marjorie O. on the Avenue of the Arts project, Sykes, by her former supervising Rendell. Rendell accept- attorney, who took the ed the at a luncheon at time to critique her work Davio’s Restaurant even after it had been filed February 1, 2002, the high with a court, to help her to point of NAWL’s Midyear progress and improve. She Meeting events in pointed out that mentors Philadelphia, such as Dave Sykes and Pennsylvania. Jane Dalton assisted her in Judge Rendell, who was rising to her current posi- appointed to the Eastern tion. District of Pennsylvania NAWL also presented its bench in 1994 before Outstanding Member being elevated to the Award to Stephanie Court of Appeals in 1997, Scharf of Jenner & Block. rose to a partnership at The award was presented Duane Morris before by Past President and becoming a bench officer. Illinois Circuit Court Judge (L-R) NAWL Member Stephanie Scharf seen with Judge Rendell became past NAWL president and Illinois Circuit Judge Susan Fox Gillis, who Duane Morris’s second Susan Fox Gillis and Judge Marjorie O. Rendell. worked with Ms. Scharf at woman partner while spe- Jenner & Block. cializing in bankruptcy law and as well as on behalf of the Scharf, who serves as chair of commercial litigation. Philadelphia Bar Association’s Jenner & Block’s Products Liability She is a member of the Federal Committee on Women in the and Mass Tort Defense Group and is Judges Association, National Profession. a member of its Management Association of Women Judges, a Judge Rendell emphasized the Committee, has long been active in Fellow of the American College of support she has been provided by ABA programs and committees. Bankruptcy and an inaugural her school teachers; her former Scharf provided invaluable assis- member and Master of the partners; her parents; and her hus- tance in planning NAWL’s 2001 Villanova University School of Law band, former Philadelphia Mayor Annual Meeting in Chicago, and is J. Willard O’Brien Inn of Court. and Immediate Past Chair of the serving on NAWL’s Program Judge Rendell was honored by Democratic National Committee, Committee for the 2002 Annual her former partner and longtime Ed Rendell. She urged women to Meeting in Washington, D.C.

Volume 87 No. 2 WOMEN LAWYERS JOURNAL — 6 Conducting public information campaigns regarding abortions. These organizations must either give up The Global greatly needed funds for family planning and other reproductive health services or give up their right to free speech, to participate in the Gag Rule: democratic process in their countries and to provide legal medical services. The U.S. government is forcing them into a Primer making an unconscionable choice – stop pro- viding abortion services and talking publicly Endangering Women’s Health, about the need for abortion law reform or the Free Speech and Democracy U.S. will cut off their funding. January 22, 2002 marked the one-year anniversary of this violation of women’s repro- by Julia L. Ernst ductive rights and the rights to freedom of CRLP International Legislative Counsel, and speech and democratic participation. Molly Diachok, CRLP Program Assistant The Global Gag Rule Endangers Women’s Health and Lives Annually, 20 million unsafe abortions are What is the Global Gag Rule? performed around the world. Over 500,000 On his first day in office (and the 28th women die each year due to pregnancy-related anniversary of Roe v. Wade), President George causes, 80,000 of them from unsafe abortion. W. Bush re-imposed the Global Gag Rule on the About 7 million women suffer serious health U.S. Agency for International Development problems due to childbirth and 50 million (USAID) population program. This policy women endure adverse health consequences. restricts foreign non-governmental organiza- Most of these tragedies occur in developing tions that receive USAID family planning and countries. They could be virtually eliminated reproductive health assistance from using their by the provision of appropriate health informa- own, non-U.S. fundsi for: tion and services and through law reform efforts Providing legal abortions, even when a to allow such information and services to reach woman’s physical or mental health is endan- the women who need them. gered by the pregnancy (the only exceptions are U.S. reproductive health assistance is gener- in cases of rape, incest or where the woman’s ally directed to the largest, most sophisticated life would be endangered if the fetus were car- and most effective organizations engaged in ried to term); women’s reproductive health services and Providing advice and information regarding research within a particular country. the potential benefits and availability of abor- These organizations are best-suited to pro- tion and from providing referrals to other vide comprehensive reproductive health care, health clinics; including safe abortion services in countries Lobbying to legalize abortion, to liberalize where they are legal. restrictive abortion laws, to maintain current They are also best-suited to offer expert law and oppose new restrictions or to decrimi- advice to their governments on the severe pub- nalize abortion; and lic health concerns surrounding unsafe abor-

WOMEN LAWYERS JOURNAL — 7 Volume 87 No. 2 tion, particularly in countries where abortion is However, the Global Gag Rule disqualifies restricted or prohibited altogether. organizations – such as the one that performed the maternal mortality research – from partici- Health services organizations whose survival pating in this public awareness and lobbying relies on continued U.S. funding are forced, strategy if they continue to receive U.S. fund- under the Global Gag Rule, to give up their ing. abortion-related activities so they can maintain reproductive health services where they are Already, 17 organizations have made the dif- desperately needed. Organizations that contin- ficult decision to keep providing abortion ser- ue to offer these services to women and advice vices to women who need them and to keep to their own governments on public health pol- advocating for abortion law reform. Ironically, icy are now the U.S. is cut- unable to receive ting off funding U.S. assistance. to these organi- Cuts in family planning fund- zations that is The director of used largely for a research orga- ing mean higher rates of family planning nization in Nepal services – the traveled to the unintended pregnancy and very programs United States in that would the fall of 2000 higher rates of abortion. reduce unwant- to explain the ed pregnancies potential effects and abortions. of the Global Gag Rule on his organization. They had recently conducted research on By reducing funding to reproductive health maternal health and mortality in his country. care providers in under-served areas, the Global Gag Rule deceases women’s ability to Nepal has one of the highest maternal mor- access pregnancy-related care, family planning tality rates in South Asia: More than 500 women and services for HIV/AIDS and other sexually in 100,000 die from pregnancy-related compli- transmissible infections. Cuts in family plan- cations (as compared to 7 in 100,000 in the ning funding mean higher rates of unintended U.S.). This organization’s research determined pregnancy and higher rates of abortion. that half of these deaths are caused by unsafe abortion. Many other organizations are making the difficult decision to retain their reproductive One in five women in prison in Nepal has health programs funded by the United States been incarcerated for having an abortion, and are being forced to give up their right to where it is prohibited under all circumstances. discuss solutions to severe public health prob- Despite these legal restrictions, many women lems in their countries, to provide legal med- still make the difficult decision to have an abor- ical services to their patients or even to inform tion, usually from unskilled providers, risking their patients about their option to choose prison sentences, serious physical injury, steril- those services. ity, chronic disability or even death. The Global Gag Rule Violates Women’s Officials at the Nepalese Ministry of Health Reproductive Rights concluded that legalizing abortion should be the first step towards preventing the existing The Global Gag Rule violates fundamental high level of maternal mortality and morbidity principles of human rights law as recognized in in their country. numerous international instruments, including women’s reproductive rights. The Ministry’s advocacy plan to decriminal- ize abortion called for the formation of a net- For example, this restriction violates the work of non-governmental organizations to right to health, including reproductive health; define advocacy strategies for the government. the right to freely and responsibly determine

Volume 87 No. 2 WOMEN LAWYERS JOURNAL — 8 the number and spacing of one’s children; and States under the U.S. Constitution, as articulat- the right to reproductive self-determination. ed in the landmark case Roe v. Wade and reaf- firmed most recently in Stenberg v. Carhart. During the International Conference on Population and Development in Cairo in 1994, The Global Gag Rule Violates the Rights to governments – including the United States – Free Speech & Democratic Participation adopted by consensus a landmark agreement The Global Gag Rule runs counter to the U.S. that acknowledged repro- Constitution’s First ductive rights as integral to Amendment principles of free- human rights. This agree- dom of speech, freedom of ment provides that: association, freedom to peti- [R]eproductive rights … tion the government for rest on the recognition of redress of grievances and free- the basic right of all cou- dom of peaceable assembly.ii ples and individuals to It denies the right of foreign decide freely and responsi- organizations to advocate bly the number, spacing about abortion law reform and timing of their chil- and to participate in their dren and to have the infor- nations’ democratic process- mation and means to do so es. Freedom of speech is a and the right to attain the cherished right in this country highest standard of sexual and the Global Gag Rule and reproductive health. would be deemed unconstitu- (ICPD Programme for tional in the United States if Action, Paragraph 7.3) directly applied to U.S. orga- The five-year review of nizations. this conference resulted in an expanded recog- The Global Gag Rule also violates interna- nition of women’s reproductive rights to tionally recognized human rights protecting the include issues related to abortion. The result- right of individuals and groups to speak freely ing agreement states in relevant part: and to participate in their countries’ democra- All Governments and relevant intergovernmental cies. and non-governmental organizations are urged… With leadership by the United States, these to deal with the health impact of unsafe abortion rights have been enshrined in numerous and as a major public health concern… In circum- widely accepted international human rights stances where abortion is not against the law, instruments such as the International Covenant such abortion should be safe. [I]n circumstances on Civil and Political Rights (ICCPR), which the where abortion is not against the law, health sys- U.S. ratified in 1992. This treaty provides that: tems should train and equip health-service Everyone shall have the right to hold opinions providers and should take other measures to without interference…Everyone shall have the ensure that such abortion is safe and accessible. right to freedom of expression; this right shall (ICPD+5 Key Actions Document, Paragraph 63) include the freedom to seek, receive and impart The Global Gag Rule’s restrictions on access information and ideas of all kinds, regardless of to comprehensive reproductive health care, frontiers, either orally, in writing or in print including abortion services, stand in sharp con- (Article 19) trast to fundamental principles of international Under the restrictions of the Global Gag human rights law. Rule, if a foreign organization refuses to com- Obviously, the Global Gag Rule also runs con- promise its rights to freedom of speech and trary to the fundamental principles protecting women’s reproductive rights in the United Cont’d on page 28

WOMEN LAWYERS JOURNAL — 9 Volume 87 No. 2 recounted Foltz’s struggles to become a lawyer, saying, “She was truly a woman of courage, dedication and Honoring California's foresight who viewed the profession that she expended so much effort to become a part of as a means of serving the public.” He then introduced Justice Sandra Day First Woman O’Connor. Justice O’Connor recalled Foltz’s courage and deter- Lawyer: mination in overcoming prejudice. “When she saw a wrong, she worked to correct it.” She praised Foltz for opening the doors for all the women lawyers who fol- lowed her. (See listing of achievements in sidebar.) Clara Shortridge Foltz “This is the single most appropriate name that could be put on this building,” she said. by Selma Moidel Smith The modern building now known as the Clara Shortridge Foltz Criminal Justice Center stands on the site of the courthouse where Foltz once worked as the On February 8, 2002, the women lawyers’ event of the county’s first woman deputy district attorney. It houses year—if not the decade—took place in Los Angeles. the nation’s largest district attorney’s office and public Seven hundred men and women of the bench and bar gathered for a gala luncheon to celebrate the renaming of the Criminal Courts Building in honor of California’s Highlights of Foltz’s Career first woman lawyer, Clara Shortridge Foltz. (1849-1934) Justice Sandra Day O’Connor, the first woman mem- First woman lawyer in California (after writing and pro- ber of the Supreme Court of the United States, headed moting the bill to remove “white male” restriction from the the list of speakers who presented a lively tribute to Foltz law) and also to leading women lawyers of today. First woman student at Hastings College of Law (after suing to gain admission) Speaking first were leaders of the sponsoring bar  associations. Roland Coleman, president of the L.A. First woman lawyer to appear before California Supreme Court County Bar Association, welcomed the large audience,  and Assistant U.S. Attorney Miriam Aroni Krinsky, presi- First woman to prosecute a murder case in California dent-elect, introduced the special guests. Melissa First woman to serve as a deputy district attorney in Widdifield, president of the Women Lawyers Association L.A. County of Los Angeles, presented the woman lawyer who had First woman notary public in California (after drafting made the day’s events possible, County Supervisor the law to permit women notaries public) Yvonne Brathwaite Burke. She related that Burke had First woman appointed to the State Board of Charities won the Board’s unanimous approval for renaming the and Corrections courthouse in honor of Foltz. First nationwide promoter of public defender idea— author of model bill adopted by majority of states, after Supervisor Burke gave further honor to women which the nation’s first public defender’s office was lawyers by recognizing a distinguished group of “firsts” opened in Los Angeles who were present at the luncheon. Turning to the Author of California’s first parole law Honorees named in the printed program, she described Promoter of humane penal laws—forced removal of each woman’s unique “first” in practice, the judiciary, iron cages for prisoners in San Francisco courts government, academia or the organized bar. Secured passage of California law permitting married Central to the day’s events were the two keynote women to serve as executors and administrators speakers who concluded the luncheon program and Secured passage of California constitutional amend- then opened the renaming ceremony at the nearby ment permitting women to engage in any lawful career courthouse. Suffrage leader, chosen for first place on the Ronald M. George, Chief Justice of California, California Honor Roll of the League of Women Voters

Volume 87 No. 2 WOMEN LAWYERS JOURNAL — 10 defender’s office. The renaming is a tribute to this pio- neering woman prosecutor who was also known as the “Mother of the Public Defender Movement.” Appropriately, the county officials who spoke at the courthouse ceremony included Presiding Judge James A. Bascue of the Los Angeles Superior Court, District Attorney Steve Cooley and Public Defender Michael P. Judge. Cooley’s memorable salute was, “Welcome back, Clara. Thank you for inspiring us all.” One of those so inspired was Arthur Alarcon, Senior Judge of the U.S. Court of Appeals for the Ninth Circuit, who was an early promoter of the renaming. It was Alarcon who invited Justice O’Connor to speak at the day’s events, and who conceived the idea of honoring “firsts” among present-day women lawyers. Judge Alarcon introduced Stanford Law Professor Barbara Allen Babcock to make a special presentation. Professor Babcock was the first woman director of the Public Defender’s Office in the District of Columbia. She is currently writing a biography of Foltz, due for mously elected Vice President for California, serving publication in 2003. She related highlights of Foltz’s from 1927 to 1930. She was appointed to represent life. “In 1878, when Clara Foltz became the first woman NAWL at the 1928 annual meeting of the American Bar admitted to the California Bar, she was an obscure Association, but was prevented from attending by the housewife in San Jose, deserted by her husband, deter- illness of her brother, U.S. Sen. Samuel Shortridge. She mined to find a way to support her five young children. served as a member of NAWL’s Executive Committee in When she died in 1934, she was the famous First Woman 1930-31, and of its Advisory Committee from 1931 until Lawyer…” Babcock turned to the portrait of Foltz that her death in 1934. was on display during the proceedings and announced The regard in which she was held may be seen in the that it was her gift to the County of Los Angeles. The names of those who served as her honorary pallbearers. portrait will hang in the newly-renamed building (see They included Gov. Frank Merriam, California Chief photo). Justice William Waste and five associate justices, four Present among the guests were a number of Foltz’s federal judges, prominent lawyers, and four leading descendants, including her great-grandson, Truman women judges—Ida May Adams, Georgia Bullock, Oda Toland, who painted the portrait in 1992. (He com- Faulconer and Orfa Jean Shontz, all of whom were mem- mented in private conversation that not even her family bers of NAWL. knew the full extent of her achievements). The family And yet to come: As a celebration of Foltz’s life and members were recognized and asked to stand by work, the Los Angeles Superior Court and the County of Supervisor Burke as part of her concluding remarks. Los Angeles have commissioned a work of commemora- Smiling warmly, Justice O’Connor noted that a young tive art to be displayed at the Foltz Criminal Justice girl in the family had been omitted and Burke presented Center. The County Arts Commission is serving as artis- her as well. Then, with words of praise for all the partic- tic advisor. At this writing, three artists have been cho- ipants, Burke brought the day’s historic events to a sen as finalists and are scheduled to tour the site and close. gather more information about our subject. When the * * * new work of art is installed, the rededication of the cour- We should also note that Foltz was an active member thouse in honor of this extraordinary woman lawyer will of the National Association of Women Lawyers, having be complete. joined in 1914. She chaired the committee on Jurisprudence and Law Reform in 1926. She was unani-

Volume 87 No. 2 WOMEN LAWYERS JOURNAL — 11 band’s tragic assassination, Mary Todd Lincoln was con- fined to a Batavia mental “A View from the institution by her son Robert. Years of peculiar behavior and grief moved her family to have Bench” her committed. The sanity trial of Mrs. Excerpts of Justice Burke’s Remarks at Lincoln, heard here in Cook County, was a tragic public NAWL’s August 2001 CLE program sensation. Following the testi- The Impact of Women on the Law mony of a long line of witness- es, mostly male, her fate was sealed. Sealed, that is, before school or the day I was sworn the entry of Myra Bradwell. in to the Appellate Court. Bradwell was Mrs. Lincoln’s Myra Bradwell neighbor on West Washington Boulevard. Her husband, cir- Myra Bradwell, Illinois’ cuit court Judge James first female lawyer, struggled Bradwell had done legal work her whole life for the oppor- for Mrs. Lincoln. Myra tunity to practice law. Bradwell felt certain that the Denied the freedom to do so, former first lady had received she channeled her interests meager justice at her sanity into founding The Chicago trial. She was determined to Legal News, the precursor to Justice Anne M. Burke prove the court wrong. Appellate Court of Illinois, the Chicago Daily Law First District Bulletin. To Robert Lincoln, Bradwell’s intervention was an The very courts she sought unwelcome “extraordinary” to practice before closed the intrusion. He suggested that door on her ability to prac- Mrs. Bradwell even curtail her For me, law school and tice law, but her impact upon frequent visits to his mother. lawyering came late. I the profession was enormous “Mrs. Lincoln is as sane as I believe I came to a certain through her influence as a am,” Bradwell was quoted as level of personal maturity in publisher. I can only imagine saying. my adult life before I entered her pain and frustration in law school. I had a husband, the face of so much over- Enlisting support for Mrs. four children, two houses and whelming prejudice. She Lincoln in the Chicago press a dog. I also had a lot of life went on, none-the-less, to and taking advantage of experience that I have come demonstrate not only steely Robert Lincoln’s absence from to believe was very healthy courage, but also an unusual Chicago during his summer for me. All of these remained sympathy with others victim- vacation, my filters as a law student, ized by such repressive forces. Myra Bradwell patched up a practicing attorney, advocate She was never more provoca- feud between the first lady for juveniles, and member of tive or effective than when and her Springfield sister, the Appellate Court. she turned her attention in Lizzie Edwards, while at her My view from the bench 1875 to one of Chicago’s most urging, Judge Bradwell threat- has been shaped by my back- controversial legal cases ened a “warrant of habeas cor- ground and my personal involving Mary Todd Lincoln. pus” to the medical staff at the experiences. They did not Ten years after her hus- mental institution the begin the day I entered law Bradwells called “the prison

Volume 87 No. 2 WOMEN LAWYERS JOURNAL — 1 house.” I mention this episode in I believe that Myra Bradwell The mounting scrutiny of the lives of Mrs. Lincoln and is not unique in this aware- the Chicago press aided Myra Bradwell because it ness. It is something that I Bradwell in her quest. It was demonstrates something I trust we all bring to the pro- not Robert Lincoln’s finest feel very deeply about fession of the law as women. hour. reflecting on women and the It is fair to assume that as practice of the law. Bradwell had grown accus- lawyers, all of us have labored tomed during her life as It becomes clear in the to be the best that we can be. being labeled as irrational actions of Bradwell and her Competency, ability, observa- and even “crazy” herself. remarkable legal thinking. tion, the skill to absorb legal Seeing Mrs. Lincoln subject- Women bring a unique per- writing and the polish to apply ed to such criticism was too spective to the practice of the all successfully to individual much. law, a nurturing human cases, is presumed. awareness. All through the fight, Myra Each one of us struggles Bradwell knew something with those details every day. that Robert Lincoln did not. We are bound together in the Mary Todd Lincoln was, in pursuit of that achievement fact, a most peculiar woman. with our brother lawyers. But Bradwell knew the signif- Striving for excellence is the icance in distinguishing glue of our profession. being “peculiar” from lunacy, eccentricity and male disap- The Life of the Legal proved behavior, upon which Profession Robert Lincoln and some medical experts focused. But I also believe that there is a larger story to our lives as Myra was relentless. Faced lawyers. It is that capacity with ever-growing public crit- within each of us to grow and icism, the director of the stretch ourselves beyond the mental institution soon law. What sets people apart, I rethought his diagnosis. have found, is the persona The court, too, rethought shaped by the larger humani- its judgment. “She is no tarian components of our more insane today than MYRA BRADWELL lives as women. Photo courtesy ofthe University of Illinois you or I,” Judge Davis, the This humanitarian jurist who originally at Chicago, University Library Dept. of Special Collections dimension to our lives is ordered her commitment, critically important to each declared in public. of us as human beings and That awareness in Myra On July 11, 1875, after a as lawyers. Perhaps you expe- Bradwell permitted her the confinement of more than rience that when you teach vision to recognize the injus- four months, Mary Todd someone to read or mentor tice that confined Mrs. Lincoln arrived in Chicago’s them at a vulnerable period in Lincoln. She knew how easy Union Station and changed their life. it was to label those who do trains for her trip to not conform. She recognized Perhaps you are touched by Springfield. Myra Bradwell its disastrous consequence on it when you volunteer in your had secured the first lady’s Mrs. Lincoln, because she synagogue or church. Maybe release and proved herself a knew the consequences that you expand that component in sturdy neighbor, caring such judgments had already your life playing the piano, friend, and a tenacious advo- placed on her. singing in a chorus or, like one cate. judge I know, by playing the

Volume 87 No. 2 WOMEN LAWYERS JOURNAL — 1 saxophone in the CBA Long before I became a and being human?” orchestra (Judge Manning, lawyer, there were so many Under the circumstances, please stand up). women who paved the way in something unexpected will Perhaps you’ve heard of our profession, extraordinary always happen. How we react the tap dancing judges who women who bore the brunt of is important. For instance, gather at the Union League gender injustice within the opposing counsel is late. Do for special lessons in fancy profession. These women, we whine? Do we trash the footwork? I am certain that like Justice Mary Ann attorney to the court? Or do when they sit on the bench, McMorrow, Justice Jill we respond with civility and they do so with a comfortable McNulty, Justice Blanche reason and maybe go out and persona, expanded by call them? Perhaps we their interest and involve- are asked a question by ment outside the law. “ women have the court that we were In addition, I know that unprepared to answer. each of these judicial traded their nur- How do we handle it? friends of mine has an Do we become arrogant? advocacy in some activity turing ... for Do we chastise the court? outside the court in which Our response must be they touch peoples’ lives more tough- professional. It must also in critical ways. While be honest. It must also enriching their character, skinned defen- be civil. This is what sep- it shapes their view of the arates the women from world. siveness that the men.

Professional Civility ensures that big Women in the Law Today Somewhere along the When I was first way, the pressure to suc- chips sit on their appointed to the ceed has superceded the Appellate Court in 1995, esprit de corps that we shoulders ...” there were only three once called common women serving in the 1st courtesy. Sadly, women District. Today, just over are not immune from such six years later there are conduct. I think women need Manning, Judge Helen nine. That is a significant sta- to step back and think about McGillicuddy, and Esther tistic. Women are present on who they are and how they Rothstein and many others, the bench in remarkable num- are perceived. came fact to face with atti- bers. And I believe their influ- I suspect for some, nurtur- tudes and obstacles that I, as ence as women is having an ing is perceived as a weakness an older new lawyer, never effect on the law. Women and not a virtue within easy had to face even when I was bring a unique experience reach. But I am afraid it is the first and only woman on with them to the bench. We essential for being a good the Illinois Court of Claims. bring a vision of life and humanity that enriches the lawyer or being a good judge. Today, from my view from life of the court and civilizes Instead, in my view, too many the bench, I think it is appro- the effective practice of the women are surrendering to priate to ask ourselves as law. conduct that leaves them attorneys — “How do I act? ultimately appearing defen- What tone does my conduct I note the civility of older sive in their relationships set? What is the difference women, seasoned profession- with colleagues. between being professional als, who come before me in Cont’d on page 30

Volume 87 No. 2 WOMEN LAWYERS JOURNAL — SPRING MEMBER SPOTLIGHT Meet Jane P. Wilson

NAWL member Jane P. Wilson is challenging a 23-year veteran of the Lake County Common Pleas Court, in Ohio. Clinicians suspect that Wilson may have been bitten by a long-dormant political virus, contract- ed as a child (see photo) from then Vice-President Richard M. Nixon. There may be a genetic explanation, however, as legend has it that her great-grandfather’s hat was used to collect the ballots in the Electoral College for Calvin Coolidge. Gender has become a big issue in the county, because the only female judge is retiring and, Wilson says, it is possible that there will be no women elected officials in the Lake County Courts.

Wilson is well-qualified for the judicial post. She graduated from the University of Michigan Law School in 1984 and later becoming a partner in the law firm of McDonald, Hopkins, Burke, and Haber. She is current- ly a sole practitioner in Lake County, Ohio, specializing in workers’ com- pensation law.

Wilson served for several years on the faculty of the National Institute for Trial Advocacy, including the Cleveland Courthouse Trial Academy. Since 1998, she has been a member of the Lake County Bar Association’s Mediation Committee and vol- unteers her services as a mediator for the Lake County Common Pleas Court.

Wilson is a former Adjunct Professor of Workers’ Compensation Law at Cleveland Marshall College of Law, and is certified as a Specialist in the field of Workers’ Compensation by the Ohio State Bar Association. She chaired the Law School Liaison Committees of both the Ohio Women’s Bar Association as well as the Cleveland Bar Association’s Commission on Women in the Law. In 1995, she won a landmark case regarding workers’ com- pensation payments in the Supreme Court of the State of Ohio.

NOW Seeks Pro-CChoice Republican Women for Justice Department

President Kathy Rodgers of NOW Legal Defense and Education Fund has asked for assistance in identifying women lawyers who may be candidates for appointment to non-civil service positions in the US Department of Justice. Kathy is heading up a task force comprised of numerous women’s groups, the purpose of which is to develop a list of Republican pro-choice women lawyers at the middle-to upper-management level for the administration to consider for non-civil service appointments. Part of the purpose of developing the list is to demonstrate that there is a large number of women who fit these criteria.

Please send names, contact information, affiliations and any other information that you think might be helpful to Dina Bakst at NOW LDEF at: [email protected]; phone: (212) 413-7516.

Volume 87 No. 2 WOMEN LAWYERS JOURNAL — 15 Afghan Women: w

a the Challenges Ahead l l l

a by Eva Herzer n o

i “I couldn’t hear. I couldn’t see. I t couldn’t walk. It was as if the world no a longer existed to me and I no longer n existed to the world”. This is how r Faranooz Nazir described her life of the e

t last five years, a time when Afghan

n women were forced to live under their i burqas, a tent-like garment covering them from heard to toe, with only a small mesh panel around the eyes, for limited vision and air. Nafir, like thou- sands of other Afghan women, was able to shed her burqa as anti-Taliban forces took control of her home area in the North of Afghanistan in November of this year. While the United States did not go to war in Afghanistan so that Afghan women could see the light of day again, the fall of the Taliban Photos courtesy of Dr. Lynn Amowitz, regime was a pivotal turning point in Physicians for Human Rights, www.phrusa.com one of the darkest moments of women’s history. talist views on women, it practiced Although the military defeat of the them in the name of custom. These Taliban has opened the door to the customs have been questioned by few restoration of women’s fundamental in the largely rural and rather isolated human rights in Afghanistan, Afghan areas under Northern Alliance control. women face huge obstacles in reclaim- “Why would a woman want to leave her ing the rights they were able to freely pots and children?” asked Wahid, a exercise pre-1996. Their largest obsta- farmer interviewed in December by the cle is the fact that the Afghan victors in New York Times. “It doesn’t make the “War on Terrorism” are the men sense.” who make up the Northern Alliance, a Similarly, Bibi Asha, a mother of ten, group whose treatment of women is told the Times “we will never take off only marginally better than that of the our Burqas because this is tradition for Taliban. us.” Most of the women in Northen The Northern Alliance generally Alliance-held rural territories have appears to have a reputation for brutal- lived very poor, illiterate, isolated and ity. Women in areas traditionally held traditional lives far from the aspira- by the Northern Alliance have rarely tions of the Soviet-era educated worked outside of the home or social- Afghan women who held parliamentary ized in public. While the Northern and ministerial posts in pre-Taliban Alliance did not codify its fundamen- Afghanistan.

WOMEN LAWYERS JOURNAL 16 Volume 87 No. 2 of women’s rights and what is realistic to achieve at a time when women have been virtually eliminated from public view and life. Ms. Wali, an exile who currently is Afghan the director of Refugee Women and Development in Washington D.C., was a women’s delegate to the Bonn talks. She had persuaded key players, including the rights advo- former king of Afghanistan, to sign a cates are ... statement two weeks before the Bonn talks to support the right of women to a quickly full role in Afghanistan’s future politi- cal life. In Bonn, she stressed the need branded for actions, not just words in support of pro-Western women. She also recommended that the new government immediately because a address the most urgent problem of Afghan women: their extreme poverty distorted These rural women and especially and the number of widows who have no and politi- their husbands, who now make up the means to sustain themselves. majority of the new government of cized form Afghanistan, have little in common Afghan women’s rights advocates are with the women who held more than of course in a most difficult position. of Islam half of all civil service jobs before 1996. They are quickly branded as pro- Those women taught and studied in Western because a distorted and politi- continues Afghan universities and made up nearly cized form of Islam continues to half of the Afghan professional popula- predominate among Afghan decision- tion. It is therefore not surprising that makers. Afghan activists, however, Afghan women who seek to reclaim counter this charge by pointing out their rights are cautious, both about that nothing in the Koran speaks their personal safety and their assess- against women’s civic and professional ment of women’s chances to regain participation in society. At the same their status in public life. time, they are realistic and do not expect the male powers-to-be to Notwithstanding great difficulties, restore women’s rights fully overnight, Afghan women, many of whom are nor do they expect that all women will highly successful professionals living in lift their veils immediately and take exile, have seized the moment and full roles in public life. Rather they have organized themselves rapidly in advocate for women’s right to choose November and December of 2001 to their own life-styles. To avoid being claim their place at the negotiations ostracized, they align themselves with table for the future of Afghanistan. all the ethnic and religious groups that Three women managed to participate have been deprived of representation in the UN-sponsored Bonn talks in the in Afghan public life. first week of December, which led to the formation of an interim govern- Women’s advocates also do find ment for Afghanistan. allies among some of the men in power. A regional governor, Ismail Khan, for They lobbied for women’s rights and example, repeatedly stressed his com- the inclusion of women in the new gov- mitment to women. “I was in prison for ernment. These women tried to walk three years, but you were in prison for the tight rope between the restoration

Volume 87 No. 2 WOMEN LAWYERS JOURNAL — 17 six years under more difficult condi- Afghanistan, Pakistan, Iran, the U.S. tions,” he recently said, while encour- and Europe to focus on the role of aging women to form a women’s women in post-Taliban Afghanistan. movement in Afghanistan. The summit was an excellent exam- Similarly, the new Afghan Minister ple of collaboration within the interna- for Justice, General Mohammed Qasim, tional women’s movement. It was Only a very pledged to investigate thousands of funded and hosted, at the request of female abductions committed by the Afghan women, by the Feminist small num- Taliban, who according the Qasim reg- Majority (US), Equality Now (US) and ber of ularly sold women as sex slaves to fund the European’s Women’s Lobby, in col- their regime. laboration with the Gender Advisor to women were The Bonn talks resulted in the Bonn the U.N. Secretary General and the included in Agreement for an interim 29-member Executive Director of UNIFEM. government, which includes two At the end of their 3-day meeting, the interim women, both physicians, who will head the Afghan women issued The Brussels government the Ministry of Health and the Ministry Proclamation, which addresses four of Women’s Affairs. This government, main themes: Human rights, refugees, and women which started operations on December healthcare and education. It sets forth were 22, 2001, is to rule for a 6 month peri- a list of demands, most central among od, during which time a Loya Jirga, or them: excluded grand council of Afghans, will convene * The right of women to vote. from the to discuss and plan a more democrati- cally elected transitional government * Equal pay and access to education, more power- for the following two years. employment and health care. * An emergency plan for reopening ful domains The transitional government will have to draft a constitution and pre- schools by March 2002 for girls and pare for a popular election of the next boys, with a new curriculum and train- government. The Bonn Agreement, ing for teachers. from the women’s perspective, is * The inclusion of Afghan women notable on two accounts. First, the lawyers in the development of the new inclusion of a women’s ministry, will constitution, which would include prin- provide a clear focal point for women’s ciples of non-discrimination. rights and will provide a channel for * The rebuilding of medical facili- international funding. Second, the ties, including provision for psycholog- Agreement is notable for what it did ical counseling and maternal and child not do for women. Only a very small health care. number of women were included in the interim government and women were * Central inclusion of women in the excluded from the more powerful Loya Jirga. domains of government, such as * The protection of women from defense, finance, foreign and interior forced marriages and sexual harass- affairs. ment. While the Bonn Agreement is far While Afghan women discussed their from optimal for women, it might very needs and formulated their recommen- well have ignored the issue of women dations, women’s rights activists from altogether had it not been for the Belgium, Croatia, France, India, Italy, Afghan Women’s Summit, which took Jordan, Morocco, Netherlands, place in Brussels during the week of the Pakistan, Palestine, Somalia, Bonn talks. The summit brought Tajikistan, Turkey, UK and the US met together almost 40 Afghan women from

Volume 87 No. 12 WOMEN LAWYERS JOURNAL — 18 in a parallel session to formulate Progress for Afghan women will strategies for the implementation of depend, in large part, on their ability the Brussels Proclamation issued by the to persuade the international commu- Afghan Women’s Summit. The nity to condition its financial support Declaration of Solidarity, devised by for Afghanistan on the principles set this group of activists, lawyers, artists forth in the Brussels proclamation. and parliamentarians, included the fol- The success of the interim govern- Many devel- lowing key points: ment is closely linked to international * An advocacy campaign to ensure funding. Of course, the interim Afghan opment pro- that funds allocated by the internation- government faces huge obstacles from jects around al community for the rebuilding of within, including ethnic strife, political Afghanistan are conditioned on the power struggles by traditional tribal the world participation of women in decision- leaders and fundamentalist forces, who making over the granting of the funds, oppose democratic development. have result- the inclusion of NGOs among the recip- Nevertheless, the success of this gov- ed in no ients of such funds, and the use of the ernment will also depend on obtaining funds for the implementations of the the funds needed to rebuild and eco- decease in priorities outlined in the Brussels nomically develop a country destroyed Declaration. by two decades of war. the poverty * A declaration to use March 8, 2002 If governmental and private funders level and as a day to mobilize worldwide for the take the Brussels Proclamation as their implementation of the Brussels guideline, they will support a success- monies have Proclamation. ful nation building effort and follow disappeared * The creation of an international what has by now become conventional task force of women’s rights lawyers, wisdom among those working on devel- into bottom- opment issues: with expertise in drafting legislation less pits. and constitutional law. The surest way to bring a poor nation * The development of political sup- into prosperity is to support its women. port for the Women’s Ministry, created Supporting women’s equal rights by by the Bonn Agreement. providing for women’s education, for their employment and land ownership, * The need for a fund-raising cam- granting them micro credit and access paign to support grassroots women’s to political decision making, all corre- initiatives in Afghanistan, with a mini- late highly with lifting a nation out of mum of $1 million over the next three poverty. years. Many development projects around The full text of the Brussels the world have resulted in no decease Proclamation and the Solidarity in the poverty level and monies have Declaration can be found at http:// disappeared into bottomless pits. This www.globalfundforwomen.org/4news/ seems to not be the case where support eventhighlight-brussels.html and at is focused on women because support http://www.globalfundforwomen).org/ for women usually translates into sup- 4news/brussels-solidarity.html port for children and their immediate Immediately following the Afghan communities. Women’s Summit, Afghan women took Unfortunately, this truth still eludes their demands to the political halls of some key decision makers, including, power. On December 6, 2001 they met surprisingly, Secretary General Kofi with the European Parliament and a Annan. In his Nobel Peace Prize accep- few days later with key members of the tance speech, Annan said that it would US Congress.

Volume 87 No. 2 WOMEN LAWYERS JOURNAL — 19 be a mistake to force Afghanistan to Afghan women today have a real make increased rights for women a con- chance to succeed. Yet given the rela- dition of aid. Nevertheless, linking aid tively small number of Afghan women’s to women’s rights is probably the only activists and the dangers they face from viable mechanism to gain human rights their mostly fundamentalist society, for Afghan women and successfully international support is pivotal to their rebuild Afghanistan. success. At this point, the future for Afghan NAWL, in its first post-Taliban step of women is very uncertain. They have solidarity, joined an international cam- come together to formulate their paign in December of 2001 to include demands and have proposed guidelines women in any discussion of for the future reintegration of women Afghanistan’s political future. We into Afghan society as full members. joined in calling on the UN Security These women leaders wisely take an Council to support the reconstruction open view as to the goals of women and of Afghanistan, in consultation with seek to make room both for a modern Afghan women’s organization and to and a more traditional way of life for undertake long-term initiatives for free women, thereby sidestepping the and fair elections in Afghanistan with debate over modernism versus religious the participation of all people, includ- fundamentalism. ing women, on the basis of equality. An international process of collabo- The Feminist Majority’s excellent ration within the women’s movement is web site (http://www.feminist.org/ now in place. International aid will afghan/intro.asp) provides various soon begin pouring into Afghanistan. quick ways to express your support. The task for women’s rights activists You can send email messages to key now is to lobby their countries, the UN decision-makers, join an action team or and private funders in support of the donate funds to grassroots projects. Brussels Proclamation. Ultimately our support for women half This is a task that is easy for way around the globe is not only for us but still dangerous for Afghan their benefit, but for our own because women. “Many Taliban have the terror we experienced on Septem- shaved off their beards and ber 11 can not be prevented from reoc- changed their headdress, but curring by simply destroying a terrorist not their minds,” noted an leader or group. Rather the security we Afghan activist in Brussels, seek can only be achieved by actively “many of us are still afraid to supporting the development of democ- show our faces or to speak out. racies and the implementation of We think they will start fighting human rights at home and around the again”. globe.

The author: Eva Herzer is a mediator and attorney in Kensington and Berkeley, California. She is chair of NAWL’s International Law Committee and is a former president of the International Committee of Lawyers for Tibet. E-mail her at [email protected]

Volume 87 No. 2 WOMEN LAWYERS JOURNAL — 20 t Getting Clear: c

a Tell the Truth and Get Focused a g

n by Susan Ann Koenig i c So often in life when we are not getting look. Perhaps we are too busy to stop and n what we want or accomplishing what we set look closely. Or it could be that we simply

a out to do, we discover it is because we are have not been paying attention. l not clear. Whatever the reason, now is the time to a An important first step to creating a rich consider the importance of achieving clarity b and satisfying life is getting clear. It is essen- in all aspects your life. tial to end confusion or ignorance both Dr. Maria Nemeth, author and clinical psy- about how things are and about how we want chologist who presents workshops on master- them to be. ing life’s energies, encourages us to look, to When we lack clarity about our lives, it is see, and to tell the truth about our lives. difficult to focus our energies on needed These important steps, says Nemeth, enable changes. Until we know what it is that we us to gaining clarity about where we are and want to be different, we are unlikely to begin where we are headed. planning the actions needed. Without our During those times that we feel over- road map for our lives, we are more likely to whelmed with life, and we know that some- end up off of our paths and lost on our way. thing simply has to change, our suffering When we are clear, we see our future and motivates us to take the action needed. all of its possibilities. We become free to Try looking at some areas of your life by dream, to create, to plan, to set goals. We asking some of these questions: are poised to begin bringing into our lives all that we hope for, and to let go of all that Relationships - How do my beliefs about does not serve us. We bring our dreams into loyalty impact who I choose to spend my reality. time with? Consider various areas of your life to assess Why do I fail to ask for what I want for the level of confusion and uncertainty in when I want it? What stops me? which you may be operating. Are you clear Are my childhood ideas about family that you are practicing an area of the law roles impacting me today? that is satisfying to you? Do you know Am I trying to fix or change the other whether you have enough budgeted to meet person rather than looking inward? your financial goals? Do you understand why you are spending your free time the way you Having I really been giving time to do? Do you know how much time you spend those relationships I claim are important to in exercise each week? me? If you feel muddled about certain areas of At work - How do my attitudes about the your life, your are at risk for remaining stuck. expectations of others impact my peace of mind? How is it that we sometimes go for long periods of time without ever really seeing When was the last time I really let what is happening in our lives? Our human- someone help me at work? ness can explain much of it. Maybe we are Am I telling the truth about when my afraid of what we will see if we take a close workload will be less demanding?

Volume 87 No. 2 WOMEN LAWYERS JOURNAL — 21 Do I know how many hours a week I health? Why would I do that? waste because I failed to plan or organize? Am I telling the truth about why I eat What would I have to do if I wanted to the way I do? increase my pay or reduce my work hours? Just how many servings of vegetables do Time - How much time do I spend each I eat each day? week in activity that is designed more to What fun goal could I set that would meet the expectations of others than to result in my improved health? I’ve been bring my own dreams into reality? Energy - Why do I choose to refuse to for- working Why don’t I think I deserve 2 hours a give someone who has hurt me? What does it just as week for me alone? How about an hour a cost me? day? What excuses or reasons do I give for hard as  Who am I afraid will judge me if I start not exercising? For exercising in excess? taking time for myself? she has How many times a day do I make a  but How many times a week do I take just statement of judgment or criticism? 5 minutes out of my work day just to  nobody breathe, stretch, and refocus? How many hours of sleep do I get each night? Is it enough? How many minutes per day do I spend seems to  responding to email that is not useful to Do my eating habits boost my energy or notice me? lower it? How? my Money - Is there anything important in There is value in not only examining our my life that I am giving up for the sake of behaviors, but also our thoughts, attitudes, accom- money? emotions, and beliefs. Often they are block- ing us from reaching our goals. Once we rec- plish- How much money do I really need to ognize them, we can shine the light on them ments have an abundant life? and face them. Many of them will melt the When was the last time I really exam- instant they are brought out into the open. ined, in detail, where I spend my money? Watch for some of the telltale signs of Do I know how much debt I owe? How thoughts from Nemeths’ “Monkey Mind much I have in savings? Checklist” that interfere with our dreams becoming reality: Do I know what my credit report looks like? Blaming others. “I’d be partner by now if only George didn’t have it out to keep me Creativity- How many years have I let go down.” Recognizing that we have been giv- by without pursuing one of my life’s pas- ing someone else the power to make our sions? dreams come true can be enlightening. Am I afraid of being criticized if I Making excuses. “ I know I promised I express myself creatively? would have this completed by the first of the Why do I think play is a waste of time? month but a lot of unexpected things came How long have I been talking about up.” We can always come up with an excuse taking a class just for fun? Why haven’t I why we have not kept a promise to ourselves signed up yet? or others, but perhaps the truth is that we have simply not made it a priority. Would I enjoy spending time journal- ing? How about writing each day? Being a martyr. “Unless you have an infant and a toddler, you have no idea how Health - Why do I claim I don’t have time hard my mornings are.” Our lives are chal- for my annual pap smear, a mammogram, or lenging. Sometimes we find it’s easy to com- a trip to the dentist?- plain about how hard life is rather than Am I allowing work to impair my taking action to change our situation.

Volume 87 No. 2 WOMEN LAWYERS JOURNAL — 22 Making comparisons. “I’ve been working just as hard as she has but nobody seems to notice my accomplishments like they do WHITE HOUSE hers.” When we give our energy away to neg- ative thinking, it limits our ability to direct SENDS WOMEN our focus to making the desired changes in BACK TO THE our own lives. Deflecting with humor. “One of these PAST days when my children are grown and can support me I won’t have to work 7 days a week to support them.” Become aware of the President George W. Bush’s leadership number of times you joke about certain areas ratings are high, but what is not as well- of your life. Your chuckles may give you publicized are this administration’s deci- insight into areas you have been avoiding sions to dismantle programs aimed at examining. helping women and to bolster funda- mentalist values in the guise of providing Getting cranky. We all know what this health care. one sounds like. A cantankerous mood is a sign that we want to change something in our Shutting down the White House Office lives. It is worth noticing. for Women’s Initiatives & Outreach, established by the Clinton administration Pay attention to your thoughts and words. in 1995. Do you recognize some of these? If so, you are on the path to getting clear about how Curtailing the Department of Labor’s your own thinking has gotten in the way of “Equal Pay Matters” initiative. your path to the life you want and deserve. Established to fight discriminatory pay practices and train women for higher- When we become willing to look, see, and paying jobs, this was another relic of the tell the truth about our lives, says Nemeth, prior administration. we can proceed to take authentic action to change it. Unless we get clear, however, we Proposed closing of 10 regional field will remain forever in a fog without an ability offices of the Department of Labor’s to see the path that leads us to our dreams Women’s Bureau (established in1920). fulfilled. Getting clear will help us to set the goals for Another disturbing sign that the Bush an action plan that can bring our dearest administration’s political capital will be spent to set back women’s hard-won hopes and sweetest dreams into reality. advances, is proposed new federal reg- ulation that would classify a fetus as a child. Health & Human Services Secretary Tommy Thompson says it is “the most expedient way to get prenatal care to pregnant women who lack health insurance.”

Susan Ann Koenig is a It’s time to start paying attention to the lawyer in Omaha, Nebraska, where her general practice spin this administration puts on issues empahsizes famly and juve- relevant to women. nile issues. She is also an adjunct professor at Creighton University School of Law and at the University of Nebraska at Omaha School of Social Work.

WOMEN LAWYERS JOURNAL — 23 Volume 87 No. 2 WOMEN LAWYERS JOURNAL — 24 LAWYERSWOMEN— JOURNAL

book review Nickel and Dimed: and Nickel Edited by Amiram Elwork and Mark R. Siwik R. Mark and Elwork Amiram by Edited Metropolitan Books,2001 By BarbaraEhrenreich On (Not)GettingByinAmerica language; has a car to start with; and is and with; start to car a has language; first a as English speaks white; is she worker,namely,minimum-wage that typical the over advantages many with starts she that concedes Ehrenreich account. sad but witty a provides and employee, retail and aide; home nursing maid; cleaning waitress; a as – lives actually one how see to jobs wage minimum- different into forays long week- four for lifestyle middle-class her forsakes class, chattering the of member confirmed author,a The America.” in By Getting (Not) On Dimed: and “Nickel book, new her in explore to seeks Ehrenreich Barbara that story attor- put to – awful that’s “Oh, cants. appli- to tests” “honesty so-called gives chain, company,retail my national a that responded I ability,forth. so and rainmaking leadership, determine to tests employment various attorney-hires new potential giving now were firms law large some that said attorney an At a recent bar association meeting, association bar recent a At neys in your department through department your in neys This “class bias” is part of the of part is bias” “class This that!” was the response. “No,” response. the was that!” standable for other employees. other for standable I clarified, “we only give it to it give only “we clarified, I class, it was at least under- least at was it class, our retail store employees.” store retail our unthinkable for the lawyer- the for unthinkable The group seemed relieved, seemed group The requirement would be would requirement implying that while such a such while that implying thing.” every- are conditions starting physics, in propositions poverty,certain in as “In $1,300notes, a she As fund. start-up herself gives also She children. without four hours of work, and I wear my com- my wear I and work, of hours four after hurt feet “My notes, Ehrenreich As days. work draining physically during er work- the sustaining food junk with and breaks bathroom guaranteed without day the through get to struggle the also There’s lady). cleaning wage mum mini- a with deal to want doesn’t store convenience the at worker wage mum mini- (the hierarchy a within hierarchy a example, for is, There disconcerting. is up bottom the from view the terms, socioeconomic in level status its ever what- work, any in dignity the recognize people most Although disheartening. use). drug illicit and stealing, lateness, as things such on responses your format agree/disagree an in (asking survey” “opinion an completing and next; the from arate sep- applicant one keep can’t who agers man- with interviewing facility; located inconveniently an at test screening drug urine a taking – jobs these in process application the with starts Ehrenreich know,you don’t. think but may you that world life limited low-wage, a into reader the transports which piece The actual work process is even more even is process work actual The now” there are “you a is result The Volume 87 No. 2 No. Volume87 fortable old Reeboks, but a lot of job and a half would be a necessity, and women run around all day in thin-soled I had learned that I could not do two moccasins.” physically demanding jobs in the same Housing proves to be the greatest day, at least not at any acceptable level obstacle. The author notes that the of performance.” She further notes proportion of income spent on even that some economic estimates have semi-decent housing is much higher estimated a living wage of $30,000 for a than standard government reports – family of one adult and two children, and even this doesn’t get you much. In implying a wage of $14 per hour. “The her Minnesota stay, for example, the shocking thing is that the majority of author temporarily stays in a “residen- American workers, about 60 percent, tial” motel, which is a step below the earn less than $14 an hour.” Key West trailer park she occupied. As Ehrenreich concludes, “These “Sometime around four in the morning experiences are not part of a sustain- it dawns on me that it’s not just that able lifestyle, even a lifestyle of chronic I’m a wimp. Poor women – perhaps deprivation and relentless low-level especially single ones and even those punishment. They are, by almost any who are just temporarily living among standard of subsistence, emergency sit- the poor for whatever reason – really do uations. And that is how we should see have more to fear than women who the poverty of so many millions of low- have houses with double locks and wage Americans – as a state of emer- alarm systems and husbands or dogs. I gency.” The book will not leave you must have known this theoretically or at with a stack of facts and figures to spout least heard it stated, but now for the out or deep intellectual theories about first time the lesson takes hold.” the nature of poverty. It will, however, The author trenchantly observes, leave you with a glimpse of the low- “Expenditures on public housing have wage life as actually lived. fallen since the 1980s, and the expan- sion of public rental subsidies came to a halt in the mid-1990s. At the same time, housing subsidies for home own- ers – who tend to be far more affluent than renters – have remained at their usual munificent levels. It did not escape my attention, as a temporarily low-income person, that the housing Reviewed by Lorraine Koc, NAWL subsidy I normally receive in my real Member-at-Large and General life – over $20,000 a year in the form of Counsel for Deb Shops, Inc. since a mortgage-interest deduction – would 1985. Lorraine attended the have allowed a truly low-income family University of Pennsylvania BA/MA/JD to live in relative splendor.” Ehrenreich evaluates her brief foray into this word, asking not only “how well I did at work but how well I did at life in general, which includes eating and having a place to stay. . . . My track record in the survival department is far less admirable than my performance as a jobholder. . . . Two jobs, or at least a

Volume 87 No. 2 WOMEN LAWYERS JOURNAL — 2 The Essentials of Florida Mental Health Law Stephen H. Behnke, Bruce J. Winick and Alina M. Perez Published by W.W. Norton & Company, (c) 2000

Reviewed by by Gail Sasnett-Stauffer, Randy Patton and Rhonda Chung-de Cambre book review

This book is an addition to two the entire mental health profession other books published by the same largely due to managed care firm, which focus on mental health providers; and the dynamics of a state laws of particular states (the others with diverse cultural demographics being California and Massachusetts). and varying perceptions of what con- It represents a timely publication stitutes a mental condition. offering rational and understandable The whole picture becomes some- explanations of the various statutes what hazy and fraught with gray areas and cases, which presently define the for the mental health practitioners, mental health legal framework in the who try to find a balance on a fine State of Florida. line between effective and ethical Florida is one of 45 states and patient care, occasional conflicts also the District of Columbia, which between the law and professional has enacted some form of licensure or ethics, the effects of cultural differ- certification for professional coun- ences (including language) on the selors. Typically, this group of profes- patient/practitioner relationship and sionals includes mental health the pressures of cost containment. counselors, clinical social workers, The book is organized into two and marriage and family therapists, all parts. Part one presents an introduc- of whom have a scope of practice tion to the law. This seems aimed delineated primarily by state statutes. more at the mental health practition- Of course, every state licenses er than the attorney, but it contains clinical psychologists, who usually and interesting discussion of the hold a Ph.D. or Psy.D. degree, and psy- Tarasoff case and its Florida progeny. chiatrists, who have medical degrees Briefly, Tarasoff is a California deci- plus additional specialization. The sion which imposes a duty to protect scope of practice for each of these (not to warn, as the authors carefully professions differs from each other distinguish) a third party whom a and from that of the licensed profes- practitioner has reasonably deter- sional counselors. mined may be a foreseeable victim of Adding to the complexity of serious danger by her patient. forensic practice in this area are ongo- The California case essentially ing changes due to “fine-tuning” of placed the perceived public safety the licensure act or other statutes, issue on a higher level than thera- such as the involuntary commitment pist/patient confidentiality. Florida’s law (the Baker Act) in Florida: court statute enacted in response to Tarasoff decisions; changes being forced upon elaborates a number of condition

26 WOMEN LAWYERS JOURNAL — SPRING Volume 87 No. 2 which, if met, permit (but do not The legal system and process require) therapists to breach confiden- Involuntary hospitalization and tiality for the purpose of warning a treatment third party of danger from a patient. Subsequent court decisions have Criminal law altered the landscape somewhat Subpoenas and court orders among the different classes of mental Guardians and substitute deci- health practitioners in the state. sion-making The remainder of part one pro- Confidentiality, testimonial privi- vides an excellent discussion of the lege, and mandatory reporting concepts of privacy (the right to decide how to live one’s own life), Record-keeping confidentiality (the patient’s right to Professional liability have communications with the thera- Children and families pist kept within the bounds of the pro- fessional relationship), and One appendix reprints Florida testimonial privilege (the patient’s Statutes and regulations, and a sec- right to prevent the therapist from ond appendix provides sample forms revealing confidential communica- and letters, including a subpoena tions in a legal proceedings). duces tecum for deposition and an informed consent letter for a thera- The authors also take this oppor- pist’s use with potential patients. tunity to explain the mandatory reporting requirements which exist in We enthusiastically recommend Florida for three protected classes of this book for your consideration. It is people: children (under 18), the elder- an easy and informative read. Jacket ly infirm, and dependent adults with comments by Christopher Slobogin, mental or physical disabilities which J.D., Professor at the University of significantly impair their ability to Florida Levin College of Law, summa- perform activities of daily living. rize our impression”*..If you practice forensic mental health in Florida, you The second part of the book is should have this book.” written in a question and answer for- mat, which is a favorite of the review- ers. Essentially, these 200 questions and answers represent most of what you always wanted or needed to know about the mental health laws in Florida but were possibly afraid to ask. The questions cover the following top- ics:

Volume 87 No. 2 WOMEN LAWYERS JOURNAL — 27 Cont’d. from page 9 freedom to petition who need to associate with foreign organiza- its government, the tions to maximize the effectiveness of abortion organization is denied all U.S. family planning rights speech and advocacy. funding. In effect, the Global Gag Rule holds The gag rule also violates the freedom of these basic human rights hostage by denying expression, political participation, political health care organizations vital resources for association and gender equality guarantees family planning and other reproductive health found in various international treaties signed services. and ratified by the United States, as well as Center for Reproductive Law and Policy other key international documents the United (CRLP) v. Bush States has adopted. The Global Gag Rule is government censor- These international human rights instru- ship of political speech that President Bush dis- ments include the United Nations Charter, the agrees with: speech that promotes human International Covenant on Civil and Political rights law reform and public education regard- Rights, the Universal Declaration of Human ing abortion. While organizations working to Rights and the American Declaration of the criminalize abortion or to increase restrictions Rights and Duties of Man. on access to abortion are not censored by the CRLP v. Bush was dismissed by a federal judge U.S. government, groups like the Center for in July 2001 and has been appealed to the U.S. Reproductive Law and Policy (CRLP), a U.S.- Second Circuit Court of Appeals. based human rights organization and its foreign partners who support abortion rights as human The Global Democracy Promotion Act rights are gagged. On February 15, 2001 Senator Barbara Boxer In June 2001, CRLP and its individual human introduced the Global Democracy Promotion rights lawyers challenged the Global Gag Rule Act of 2001 (S. 367) in the Senate and several in court. CRLP v. Bush is the first lawsuit that days later Congresswoman Nita Lowey intro- focuses on the Global Gag Rule’s limitations on duced the same legislation in the House of free speech promoting law reform under inter- Representatives (H.R. 755). national human rights standards. This bill would prohibit restrictions on for- This challenge is brought by a U.S. legal eign assistance based solely upon medical ser- organization and individual human rights attor- vices, including counseling and referral, neys because the Global Gag Rule prevents provided by foreign organizations with their them from both speaking freely and working own funds. It would also prevent the U.S. from with foreign organizations to lobby effectively imposing unconstitutional restrictions on legal for abortion law reform. CRLP seeks to estab- lobbying and advocacy. In practical effect, it lish that the U.S. government cannot restrict would eliminate the Global Gag Rule. the speech of human rights advocates working The Senate Foreign Relations Committee in the United States or overseas. held hearings on the Global Gag Rule in July. CRLP charges that the global gag rule vio- Representatives from several overseas organiza- lates the U.S. Constitution’s First Amendment tions testified about the damage the Global guarantees of freedom of speech, freedom of Gag Rule is causing to their programs. peaceable assembly and association and free- Ironically, the Center for Reproductive Law dom to petition the government for redress of and Policy represented one of the witnesses in grievances. federal court the day before the hearing to In addition, the global gag rule violates the obtain assurances from the U.S. government Fifth Amendment, both under the due process that it would not cut off her organization’s clause because of its vagueness and under its funding due to her testimony – otherwise she equal protection component because it inten- would have been banned even from speaking at tionally discriminates against CRLP, its attor- a congressional hearing. neys and all other similarly situated persons

Volume 87 No. 2 WOMEN LAWYERS JOURNAL — 28 The Global Democracy Promotion Act has speech and respect for individual self-determi- substantial support in Congress. Conservatives nation. There could not be a more appropriate in the House of Representatives narrowly time for the United States, the leader of the defeated the provision in an extremely close free world, to lift the gag on free speech by sus- vote. pending this undemocratic restriction. The global gag rule sets a lower standard for the The Senate strongly supports the Global rights to freedom of speech and freedom of Democracy Promotion Act and included it in association for our allies abroad than we enjoy the Senate version of the 2001 Foreign in the United States. Operations Appropriations Act. However, the language was ultimately stripped during confer- Now more than ever, U.S. policy must strive ence committee due to pressure from anti- to impress upon the world what we truly stand choice members. for. The gag on speech and the ability to par- ticipate in law reform is a direct affront to Advocates urging the elimination of the American values. We are exporting a policy Global Gag Rule are optimistic that the Global that is contrary to the very values that we are Democracy Promotion Act has a chance of pass- now – more than ever – undertaking to defend. ing in 2002. Last year, bi-partisan efforts to repeal the restriction came close to becoming a The freedom-loving people of America must reality. If Congress passes this crucial legisla- join together in demonstrating that the United tion in 2002, President Bush will be forced to States is committed to the universality of choose between signing the language to over- human rights and civil liberties – by calling for turn the Global Gag Rule or vetoing the provi- an immediate end to the global gag rule. sion and once again unmasking his anti-choice extremism. i The 1973 Helms Amendment to the Foreign Assistance The American Bar Association Adopts Act already restricts U.S. funds from being used for these Resolution Opposing the Global Gag Rule purposes. On August 7, 2001 the American Bar ii First Amendment to the U.S. Constitution: “Congress Association (ABA) voted to adopt a resolution shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom against the Global Gag Rule. The resolution’s of speech or of the press; or the right of the people peaceably primary sponsor was the Section on Individual to assemble and to petition the Government for a redress of Rights and Responsibilities, which focuses on grievances.” the protection of civil and human rights and the promotion of social justice issues. Eight other legal entities co-sponsored the resolution, including the Section on International Law and Practice and the Commission on Women in the Profession. The support of the American Bar Association and other legal and human rights organizations is extremely important in expos- ing the Global Gag Rule as a violation of indi- vidual rights and fundamental freedoms. A Call to the United States to Live Up to its Julia L. Ernst is the Center for Reproductive Law and Values Policy’s DC-based International Legislative Counsel, works on U.S. foreign policy as it affects women’s reproductive In the post-September 11 world, Americans rights in other countries, and is a plaintiff in CRLP v. Bush. have renewed their commitment to protecting the freedoms that make this nation great: fun- Molly Diachok is the Center for Reproductive Law and damental values that are embodied in our Policy’s Govern-ment Relations Program Assistant. For Constitution, such as the right to freedom of more informationgo to www.crlp.org.

WOMEN LAWYERS JOURNAL — 29 Volume 87 No. 2 Cont’d from page 14 moron. The dignified grace train ourselves to be more nur- court for oral arguments. I of Atticus Finch, the wise turing through our engage- notice a special flavor in hero of To Kill a Mockingbird, ment of others in need. There their briefs. I recognize a seems to have been irrevoca- is no better way to strengthen special sense of advocacy in bly lost to Sienfeld’s fast- those skills. Being a nurturing what they say. I see women talking Johnnie Brown. How person disposes an individual whose courtroom skill has can this image be changed? to more effective listening. So been enhanced by effective How can this be altered? remember that what you do living and life experience. I believe that women in the outside the court, comes in Their perspective is unique. law can reshape the character with you to the court. If you They are easy to relate to and of the profession. They can are effective and generous easy to understand. do so, with their natural gifts outside the court, you will be for nurturing. They can do so, effective and generous when But I also see young you come into it. If you have women, and I know they by trading defensiveness for effectiveness; by swapping honed your willingness to lis- bring another set of experi- ten outside the court, you will ences with them which is attitude for professional courtesy; and by injecting the bring that clarity with you refreshing and enthusiastic. when you come into court. We are successful and thriv- life of the court with balance, ing in a profession that not clarity and reason. I make no excuses for being too long ago was considered This is what I see from the a nurturing person. The act of a “man’s profession.” bench. This is what I see nurturing needs no defense. I unfolding before me in oral shudder before the alternative Just ask Myra Bradwell. My and dread its loss when I expe- concerns for women in the arguments, and written tran- scripts. It is what I have rience it in the court, in the profession come from observ- grocery store, on the highway ing what some women have learned from a house full of kids and barking dogs. It is or in families. All of us can had to give up in order to help to bring its balancing achieve success. what I have come to recog- nize in trying to make life grace into the world. It is as Sometimes with the need fuller for the disabled. It is near as a kindly word and as to over-compensate in a what I feel as a mother seeing close as a sympathetic heart. tough profession, with a long both her daughters choose to As the bard reminds us, history of gender unwelcome- practice law. And it is what I “earthly power / doth then ness, women have traded have come to believe makes show / likest god’s, / when their nurturing skills for more us fully human, realistic and mercy seasons justice.” tough-skinned defensiveness capable of high achievement. that ensures that big chips sit on their shoulders, and a nat- I know that women are hav- ural gift gets abandoned. ing a significant impact on the life of the law in our The irony is, of course, that nation. I do see women gift of nurturing has never bringing renewed civility and been more needed in our effective behavior to the profession. Just listen to the courts. I hope that this will monologues of Leno or be behavior that is more fre- Letterman. Nurturing quently imitated by others in lawyer, sadly, has indeed our profession. All of us can become a national oxy-

Volume 87 No. 2 WOMEN LAWYERS JOURNAL — 30 NAWL wishes to thank the following women’s bar associa- tions for their support of the National Directory of Women- Owned Law Firms and Women Lawyers

Black Women Lawyers Association of Greater Women’s Bar Assoc. of State of New York Chicago New York State Division for Women Florida Association for Women Lawyers North Carolina Association of Women Hawaii Women’s Bar Assoc. Lawyers Hillsborough Assoc. for Women Lawyers Ohio Women’s Bar Assoc. Georgia Assoc. of Women Lawyers Oregon Women Lawyers Black Women Lawyers Association of Los Lawyers Club of San Diego, CA Angeles South Carolina Women Lawyers Association Women’s Bar Association of Massachusetts State Bar of Texas - Section of Women & Law Minnesota Women Lawyers Virginia Women’s Bar Association National Conference of Women’s Bar Associations

American Bar Association National Association of Women Lawyers FIRST CLASS 750 N. Lake Shore Drive, MS 12.4 U.S. Postage PAID Chicago, Ill. 60611-4497 American Bar Association