Wednesday, July 8, 2009

Younger women and older men dominating the legal profession

* The percentage of female lawyers had almost doubled, from 24 percent in 1991 to 42 percent in 2006.

*As well as proportionally fewer men becoming lawyers, the average age of male lawyers was increasing - in 1991, they tended to be in their early 40s, while in 2006 most were over 50.

*Researchers found women working as doctors and lawyers appeared to leave the profession in their late 20s and early 30s, then returned in their late 30s and early 40s

Check out this article on recent research results by the EEO:
http://www.stuff.co.nz/national/2579981/Younger-women-older-men-dominate-professions

Thursday, June 25, 2009

Working Women article - APP 18/06/2009

Working women still disadvantaged
AAP http://www.stuff.co.nz/life-style/2513280/Working-women-still-disadvantaged
18/06/2009

Women are disadvantaged from the moment they enter the workforce and the trend continues as they climb the corporate ladder, an equal opportunity group says.

The Equal Opportunity of Women in the Workplace Agency (EOWA) released a report by Macquarie University, highlighting the hurdles working women continue to face. It shows women remain dramatically under represented in senior leadership roles. For every woman serving as a board director in Australia, there are about 12 men in board director positions. The report also says women at the executive manager level are either funnelled into support roles or fare badly in the wage stakes compared to their male counterparts.

"Sadly, regardless of which way you look at the data, women are still disadvantaged and their skills are being underutilised," EOWA acting director Mairi Steele said. "More women are leaving university with qualifications and yet as soon as they enter the workforce there is a gender pay gap." She said fewer doors were being opened for women seeking to enter senior executive positions. Assumptions were made about women's ambition and their commitment to their careers, she said. "At the end of the day, women are still subjected to bias and discrimination. We eventually have to look at corporate culture," Ms Steele said.

The report -- Pay, Power and Position: Beyond the 2008 EOWA Australian Census of Women in Leadership -- was released as part of a Symposium in Canberra. Federal Minister for the Status of Women Tanya Plibersek took the opportunity on Wednesday to remind Australians how far women had come. She noted Australia now had a female Governor-General in Quentin Bryce, while Julia Gillard was the deputy prime minister. "Many women have achieved high office, good pay, significant influence, but I do not think we can say yet that equality has been won," she said.
"Not when so many women are stretched between paid work and caring obligations, unable to perform their many roles as well as they want. "And not when women earn 83 cents for every dollar men earn." Ms Plibersek and Ms Steele said it was up to individual businesses to ensure real change occurred.

Tuesday, May 26, 2009

Guantanamo Bay Seminar 23 July 2008

Justice Sandra Day O'Connor , “Guantanamo Bay: Legal Black Hole?”
It was standing room only to listen to former United States Supreme Court Justice Sandra Day O'Connor on Wednesday 23 July 2008.
The Justice’s address on “Guantanamo Bay: Legal Black Hole?” attracted large numbers from the VUW Law School, law practitioners, and many others from differing walks of life.
Two lecture rooms were packed and there was apparently a third with an audiovisual, arrangement.
Justice O’Connor is accustomed to large audiences – I have been told she has addressed 20,000.
This was a public seminar arranged by the Victoria University of Wellington Faculty of Law. Justice Sandra Day O'Connor’s two week visit to New Zealand was through the Law School of the University of Canterbury and, in particular, Professor Stephen Todd.
Professor Tony Smith, the Dean of Law, was among those who welcomed Justice Sandra Day O'Connor. In his welcome Professor Smith referred to the Justice’s distinguished career, which has included 25 years on the Supreme Court during which time she delivered many significant decisions.
Justice Sandra Day O'Connor commenced by commenting that she knows that the treatment in Guantanamo Bay is of interest throughout the world.
The theme of the Justice’s address was how the United States Supreme Court has dealt with these issues, and on other cases around the world.
Historical context
The Judge provided historical context and referred back to the 1860s when there was a conflict between the Executive and the Judiciary. President Lincoln was determined defendants would be tried by the military courts, but the Supreme Court rejected this and found that military courts had no jurisdiction over non-military people. President Lincoln said during wartime habeas corpus could be suspended. The Supreme Court disagreed.
Justice O’Connor commented that looking at the past, she does not think that the United States has always struck the right balance between national security and human liberty. She commented, though, that President Lincoln was probably justified in all the circumstances.
Establishment of Detention Centre at Guantanamo Bay
Justice O’Connor then spoke on how the US Congress provided the President with the powers enabling him to set up a detention centre at Guantanamo Bay. These actions have produced four US Supreme Court decisions so far, which the Judge deftly took us through with reference to international human rights.
Separation of Powers
Justice O’Connor observed that it is a major concern when a court is acting contrary to other branches of government (the President and the Congress) as these are the elected representatives, and we have a situation of one branch overruling the other two branches.
Courts of other countries
Justice O’Connor also traversed the decisions of the Canadian Supreme Court, and discussed the situation in other jurisdictions such as Germany, the United Kingdom and Australia.
In response to a question from the floor, Justice O’Connor commented that she cannot speak for the Court as a whole, but she likes to know what other nations are doing in addressing similar issues, and she finds what other nations are doing very interesting. The Judge herself is happy to look at articles and academic writing. Justice O’Connor commented in answer to another question, that there are members of the US Supreme Court who take the position that the decisions of foreign courts should not be considered when considering US constitutional law, but the Court is not of one mind on that.
Justice Sandra Day O’Connor authoritatively and decisively provided her address and replied to questions. The audiences in all the packed lecture rooms were most appreciative to have this valuable opportunity.

Justice Sandra Day O’Connor - 4 August 08 Lawtalk Article

The Wellington District Law Society Women in Law Committee was delighted to welcome retired U.S. Supreme Court Judge, Justice Sandra Day O’Connor at an informal gathering on Tuesday 22 July.

Justice O’Connor was in New Zealand for two weeks, and the Judge had a busy itinerary arranged through the Law School of the University of Canterbury, in particular, Professor Stephen Todd.

Justice O’Connor was enjoying catching up with her friends Denis and Anne McLean, whom she knew well from Denis’ posting as New Zealand’s Ambassador to Washington, and with whom she was staying in Wellington.

The Hon Justice Ellen France gave a short speech on behalf of the Judges, the Law Society and the many attendees. In her welcoming remarks the Hon Ellen France referred to Justice O’Connor’s reticence when approached by President Ronald Reagan to be the first woman appointed to the Supreme Court. The Hon Justice Ellen France referred to the pivotal part Justice O’Connor played as the deciding judge in important decisions over the 24 years she was a member of the Supreme Court, and her being a role model for women. With Justice O'Connor's retirement, however, only one woman remains on the U.S. Supreme Court - Ruth Bader Ginsberg who was appointed by President Clinton in 1993.

At 78 years of age, Justice O’Connor addressed the gathering without any notes and with tremendous energy. She first visited New Zealand 30 years ago to walk the Milford Track and was very pleased to be back here.

Justice O’Connor spoke on the history of the development of the rule of law in the United States and the similar systems New Zealand and the United States share.

Justice O’Connor also referred to the importance of the courts being accessible, and people knowing that judges are human. She expressed her concern that about half of the U.S. States do not require civics to be taught at schools. In her retirement Justice O’Connor is working on tools to address this through education, using a computer system based on computer games.

The Justice has seen an entire revolution in her life time – today women have the right to vote and women lawyers can get jobs out of law school. Justice O’Connor commented on the position of women in the law in our respective countries. She is of the view that the position of women in the law in New Zealand is more developed than in the United States. She herself was among the only 1% of the Stanford women who graduated in 1952, and she spoke on the challenges she had trying to get her first job. Today over 50% of law students in the United States are women; and she noted that in New Zealand it is higher.

She observed that a challenge before women is that at some point women will discover they want to have children and a family. She herself had to stop work for 5 years to look after her three children. Justice O’Connor spoke on the importance of women not getting derailed.

Justice O’Connor downplayed her role on the minority of some key Supreme Court decisions, commenting that there is a discretion on which cases to accept to hear and that those cases the Court does choose to hear have good arguments on either side.

She also spoke on the appointment process to the Supreme Court, commenting that the rigorous process of putting questions to, and seeking answers from, nominees is a good one as it gives the public a glimpse of the views held by the nominated Supreme Court Judge.

The Wellington District Law Society is most grateful that Justice Sandra Day O’Connor shared her time with us in Wellington.