Life, Law, Gender

Res Gestae

I was asked to write an article for the Res Gestae, our law school's student newspaper. I don't have time to do all my homework and write blog entries so don't ask me why I agreed to write the damn thing.  My Girl says it's because I don't have the word "NO" in my vocabulary.  The article is, in my opinion, boring, irrelevant, and sans verve. But, at least I feel like I fulfilled my [perceived] obligation to write something. Because I've not had time to write anything here in the past few days, I include it here.  Readers of this blog will find nothing new in it. I offer it only as a filler of time and space.

Reflections on November

by Denise Brogan

November is an important month in my life.  I know you don’t (and shouldn’t) give two cents for what’s important to me, but then you shouldn’t be reading this anyway – finals are just three short weeks away.  And I apologize, but there are no hidden gems of insight or advice or titillation in this piece; it’s all just about me – after all, isn’t everything?  So, why are you still reading?

Don’t get me wrong I love October.  I love the turning of the leaves and the mild temperatures before the cold sets in.  The madness of September and restarting school are behind, the pressure of finals are in the hazy future. The main topic on LawOpen is football tickets (and how much scalping one can get away with). And, I love the fun of Halloween.  In the transgender community we always talked about Halloween as the “high holy day for crossdressers”.   It is the one day a year when people can get away with playing with gender (we use a stronger word than “playing”, but I’ll leave that to your imagination) without the normative social sanctions that otherwise win the day. It was great for me to see other transgenders in last month’s Res Gestae. You girls totally rock. Now, if only we can get someone to nominate a lesbian for Mr. Wolverine we’ll really be onto something!

But, when November rolls around I find myself taking stock of the priorities in my life. In the first half of the month are family birthdays. My mother was born in November and she is both elderly and in poor health.  My eldest daughter was born in November (she’s 23 – nearly as old as the average age in this school; damn, but that makes me feel ancient). She was born prematurely and had to fight for her life for the first months of it. The importance I place on those two events speak to the value that I place on family in my life and, arguably, to central elements of my identity as a person and as a parent.

In the second half of the month another event occurs that is important to my identity and helps me to remember why I’m in law school at my advanced age.  Every year, for the past seven, members of the transgender community and its allies have commemorated Transgender Day of Remembrance (TDOR).  TDOR began as a local (San Francisco) phenomenon in 1999, but has grown to include national and even international recognition.  It serves as a means to memorialize the victims of deadly violence, violence inflicted upon its victims for the fact of their transgressions against gender norms, and to raise awareness of transgender lives – to lift us above, if only for a moment, the obscurity and indifference that typify our existence in the broader culture.

As this month progresses, I become more aware that final exams are looming.  I am fortunate in that I am somewhat freer of the need to obsess over grades, and consequently over finals, but I’m also not oblivious to them. I came to law school after a successful business career with a vision of making a difference in the lives of Lesbian, Gay, Bisexual and, of course, Transgender (LGBT) people.  To do that, I need to actually learn something.  I am confident that if I learn something in each of my classes I will pass – and thus far, my thesis has proved true – however, near the end of each semester I again contemplate what life might look like if I fail and I do actually panic a wee bit. What do you suppose a middle age, transsexual, law school drop-out earns anyway?

And, finally, comes Thanksgiving.  Thanksgiving is my favorite holiday of the year, bar none.  I’m a big believer in showing appreciation for what you’ve got.  And, I’ve much to be appreciative for this year:

·        I am only 4 weeks away from having completed two-thirds of my law school career.

·        I am old enough to join AARP, but I can still climb the stairs of Hutchins with a backpack full of law books.

·        My children are happy and healthy (a corollary to that is that I’m also appreciative of their intelligence and hard work in that they got scholarships and Dad didn’t have to pay their tuition (yes, my kids call me Dad)).

·        I live close enough to Canada to be able to legally (at least there!) marry my partner when this term ends.

·        My mom is still with me and still mentally as sharp as ever.

·        I drive a hybrid that gets 50+ miles per gallon.

·        I’m the first openly out transsexual ever accepted into this fine Law School, and I’m appreciative that I’m here.

·        I’m appreciative of the hard work that so many people have put forth to see that the University’s bylaws are amended to prohibit discrimination on the basis of gender identity or expression.

·        I’m appreciative of the truly fabulous people that I’ve met at the University of Michigan Law School, and am honored to call many of them friends.

OK, that’s my article.  I told you that it was all about me and that you shouldn’t waste your time reading it.  But, here you are.  Well, be appreciative of the fact that I will probably never write another one.  Happy Thanksgiving!

Conference Report

Although the Law Conference had one more day to go, I headed home on Saturday (had to be at the airport at 5:30 in the morning).  I had a very successful and enjoyable trip.  After the first day of less-than-productive time wasters, things really took off on Friday.  The career fair was a bust for me.  I don't know what I was thinking.  It was not designed for middle-age law students who are NOT choosing a firm after law school.

On Friday, however, I thoroughly enjoyed everything I did.  The opening panel discussion was on "Marriage, Domestic Partnerships, Civil Unions and other family structures" and was conducted by four law professors. Most exciting for me, was the portion of the talk given by Professor Julie Greenberg (a professor at Thomas Jefferson Law School, she has written extensively on transgender legal issues and was even quoted by the appelate court in Gardiner). It was a packed house and it was excellent.  I may choose to post more about it later -- it really hit my interest area directly.  Indeed, as a consequence of that panel discussion, I am leaning very heavily to specializing in family law (focused, of course, on the LGBT community).

At the first break-out session, I attended a discussion entitled, "Transgender Civil Rights Bills: What difference do they make".  One of the panelists, Lisa Mottet, is in charge of the Transgender Civil Rights Project at the National Gay and Lesbian Task Force (NGLTF).  She is one of the women I hope to get an offer from to intern with next summer.  I've known her for sometime and have a great deal of respect for her and her work.  The discussion was good, but not extraordinary. 

The next break-out session was "Transgender Law and Constitutional Doctrine".  This panel WAS extraordinary.  As with the earlier panel, one of the panelists - Chris Daley - is someone I hope to get an offer from for an internship next summer.  Chris was with the National Center for Lesbian Rights (NCLR; the same place Shannon Minter works) when he left to work for the Transgender Law Center.  One of the exciting things for me in this panel was the thoroughness of my constitutional education in the area.  I understood, and often was ahead of the panelists in every constitutional area they discussed: Full Faith and Credit, Dormant Commerce Clause, Substantive Due Process and Equal Protection.  I had a good conlaw prof! :)

Do I really want to work?

Today begins the Lavender Law Conference in San Diego.  Today (Thursday) is the "Career Fair" and attendees are advised to wear "interview attire".  I opted (at the urging of my partner) to bring the skirted suit.  We'll see how it goes.

It is now, for the first time since I began law school, that I am really faced with the hard reality of having to work after graduation.  I've easily deflected the question of "what are you going to do with your law degree" in the past.  Today, I really have to begin to know.  I came to law school because I thought I could make a difference in the world.  But the truth, of course, is that I didn't need a law degree to do that. And, indeed, I'm starting to wonder if I have instead saddled myself with an impediment to that objective (not to mention the $120k of debt).  Plus, now that I am in a loving committed relationship I find that, although I still want to make a difference, I want to spend as much time with her as I can possibly arrange.  That makes me look longingly toward the business world again.  There, I'm pretty confident that I can make a significant amount of money in a relatively short period of time and then retire to spend with The Girl (and possibly with my kids and grandkids!).

But, then, I'm torn by the fact that the only law school classes that turn me on are classes that speak to civil rights and fundamental freedoms.  I'm taking two business related courses this semester and am bored to tears with both of them.

So, now I sit here in my room, dressed for the day, having updated my resume to add an "Advocacy" section that discusses my activism and participation in the LGBT community and I prepare to go meet with a bunch of LGBT lawyers and see if I can find some balance that feels right to me.

What, oh what, do I want to be when I grow up?

Grouchy bitch

That's me.   I feel like a grouchy bitch today (and yesterday and the day before...).  Now that my human rights class is over, I have only one class that I enjoy - Family Law. Jurisdiction is taught by a superior instructor and I'm getting it, despite myself, but I just hate bankruptcy and I can't seem to get myself motivated in my "Deal" seminar. 

I'm annoyed at every little thing right now.  I'm not ill, but I'm on the verge.  I have a tickle in my throat, some tightness in my chest and watery, burning eyes.  This annoys me.  I went to use the ladies room a few minutes ago (in one of those panicked, "I need to get there right now" rushes) only to find that the only open stall was one where a previous occupant had peed all over the seat.  That annoys me.  Why do women do that?  I mean I can understand (I guess) a desire to not sit on a toilet seat used by lots of other women, but if you must squat to pee why not raise the fricking seat?  Oh, I get it -- you don't want to touch it (and, of course, *you* are the most important person here).  So, your solution is to pee all over it and make it more of a problem for the next person.  That annoys me.

I am going to the Lavendar Law conference in San Diego tomorrow, as I said earlier.  Thursday's attire is to be "interview dress".  I have no nice pant suits to wear and I'm not in a skirt mood right now.  This annoys me.  My honey had to change her plans (she was going to come with me, but work interfered) and is now not coming with me.  This means I'll be away from her for 3 nights.  This annoys me.

I'm late for my next class.  Damn.

Bitch, bitch, bitch.

Pottow in hospital

I received this email from my bankruptcy professor early this morning:

I have been admitted to the cardiac unit at University Hospital.

All my classes are suspended until further notice.

I apologize for the inconvenience and will send an update as soon as possible.

I doubt I will have access to email.

Very best regards,

John Pottow.

Please join me in sending very good vibes his way and wishes for a speedy recovery.

[Update] I got an email from him today (10/19); he's been released from the hospital and is "feeling better". Classes will resume on Monday 10/24.

Go Blue!

I think this post must be obligatory.  I watched a college football game yesterday.  Wow.  From a fairly routine, even boring start (score 3-0 at halftime) to 39 points being scored in the final quarter and the Michigan Wolverines winning on the final play, in the final second of the game with a touchdown pass to a kid just a year out of high school.  It was a heart-stopper and an adrenaline rush all at the same time. 

First class done

My Comparative Human Rights class ended today.  This is, by a very large margin, my favorite course since I began law school.  The reading was brutal – sometimes as much as 100 pages per night – but the classroom discussion made it all worthwhile, and I mean that seriously.  We had a fairly small class size – about 25 people and it was a very diverse class, including people from all over the world and representing both conservative and liberal views.  People engaged in this class – a real first in my law school experience.  The professor (McCrudden) was wonderful. I thought he was funny, informed, interested and generous.  He had a knack for posing just the right question at just the right time that engendered lively conversation and debate.

Ah the debate.  So many things we discussed.  And what a rich diversity of opinion that was presented; I was challenged nearly every day.  What, exactly, are human rights?  From whence do they emanate? What comprises the catalog of rights? Is there a hierarchy?  If so, what is it?  Who decides?  Are there certain rights that are fundamental, -- so absolute and important that they cannot be abridged, even against a competing right (freedom from torture?)?  In this course we covered Absolute Rights (Torture and Right to Life), Sexual Orientation (laws criminalizing behavior as well as same-sex marriage), Religion and the Public Sphere (what is religion and who decides), and Socio-Economic Rights (does right to life mean right to a life free from abject poverty and starvation?).

Now, I am faced with the fact that this course will be reduced to a grade.  I really hate this.  I know this sounds silly, but it feels to me like it demeans the class.  I learned a LOT about comparative human rights in this class and about human rights in general.  I learned a lot about various ways to consider what rights mean around the world and how they came to be. I don't want to be tested on this.  I want to revel in the experience and continue to allow my mind to chew on the issues.  I want to take this course again.

Law school classes update

Have you all forgotten that I'm a law student?  I know that all of my posts lately (all 3 of them) have been either about my new love or about trans issues.  I (sorta, but not really) apologize for that.  This post will try to get you up to speed on what's happening this semester -- more substantive posts about some of my classes may be forthcoming as I carve out some time to do such things as post on my blog.

As I have mentioned in the past, this semester has been -- by far -- the busiest one yet.  And, this, despite my recalcitrance to join any journals (notably the Journal of Gender and Law which I think I might actually be able to contribute something to) or engage in any of my usual extra-curricular activities (I did not, for example, sign up for bowling this semester).

My Comparative Human Rights class is a LOT of work.  We meet at 8 AM for 2 hours 4 days a week (plus an optional hour beginning at 9 on Fridays).  Despite the obvious infringment upon my human right as a student to not have to be awake and functioning at that hour (it requires that I get out of bed by 5:30 now that I have a commute again) the class also imposes a HUGE amount of reading each and every day -- sometimes as much as 70-100 pages.  No joke.  The reason for all this is because the class ends in 2 weeks.  Despite the burden that this class is currently imposing upon me, I love it.  It is the first class I've taken where the class size is small enough (~20 students) and the subject interesting enough that we have really active and engaging discussions in class.  So far, we've tackled three primary subjects: so-called Fundamental Rights (right to life, right to be free from torture, etc.), Sexual Orientation, and Religion.    My only complaint is that I have a hard time keeping up, mentally, with some of the discussions.  My classmates are smarter than me -- and that's also neither a joke nor a solicitation of compliments (so, please don't bother). Awesome class, absolutely awesome -- stimulating and FUN!

Jurisdiction is so very well organized that you can't help but learn it with Reinmann Reimann teaching it.  He not only has exceptional course packs to read (he eschews the traditional case book approach), but he guides the class discussion nicely and then provides a recap of the major points discussed to begin the next day's discussion.  I actually think I might learn this stuff and I am enjoying it.  I might consider taking this class for a grade, despite my earlier assertion to the contrary.

Bankruptcy is harder than I expected.  It is like being an accountant all over again -- and I hated that.  It is full of complex calculations and arcane rules.  Congress just passed a new consumer bankruptcy act this past year that has now taken effect and even our professor is learning it as we go -- and is equally exasperated by the rules.  The jury's still out on this class (is that like (bad) lawyer humor or what?).  If it continues as it has been, I'll take this class pass/fail.  If corporate bankruptcy is less obtuse, I'll re-evaluate.

Family law is at once more difficult and easier than I expected.  The case readings are painfully simple and I find myself lulled into thinking it will be easy and thereby devote not enough critical thought to the process -- which of course catches me off guard in class.  I've already made a couple of stupid comments in class when I thought I understood what we were talking about, but clearly did not.  I still think I can keep up in here.  I have a good foundation of understanding, but we'll see.  I like the professor; she's new to the school, but I think she likes what she does and I think she cares about the subject.

Anatomy of a Deal is, thus far, remedial and, consequently, boring.  Thankfully, it only meets once a week for two hours.  A huge chunk of our grade is based upon class participation.  In this case I am somewhat torn.  I've known the answer(s) to 90% of the questions he's asked in class.  I don't want to seem like a gunner, but I also don't want to sit on my hands when I know what he's driving at -- I want to move the class along.  But, here again, I think the class has potential and I'll withhold judgment until later in the semester, after we've really gotten into the meat of the subject.

So, all in all, I'm very, very busy -- I spend all day either in class or preparing for class and I spend most of my nights preparing for class.  This is WAY busier than I ever was as a 1L.  But, then, next term I'll be in my last year and I should (hopefully) be able to take fewer classes and some that -- like my "Deal" seminar -- are not so time intensive.

Outlaws Retreat

Summer is over, officially over, as I start back to school tomorrow morning.  What was I thinking when I enrolled in an 8:00 AM class?  The only thing good about it is that it is over after just 5 weeks of class.  It is a two hour class, which means that I will then not have to be to school until 10:00 AM thereafter.

In order to welcome back returning students and to provide an opportunity for new students to get to know one another as well as some of the 2Ls and 3Ls, Outlaws sponsored a 3 day retreat to Saugatuck, on Lake Michigan over Labor Day.  Although only nine of us showed up (check out photos of the event on the Outlaws web-page/blog), it was a great deal of fun and something that we may make an annual event, with some modifications.  We (Outlaws) covered the cost of the rooms for all who stayed at the resort (The Dunes Resort) but meals and entertainment were each person's individual responsibility.  We had a couple of group dinners and a group day at the beach -- the picture shown was taken by The Girl who was sweet enough to join me and my young friends.

Afterward, we had dinner with two of her good friends so that I could be evaluated.  I don't know, but I think I passed the test.  It was a nice 3 days, and a nice wrap-up to a great summer.  Now, bring on the balance of my 2L year!

Problem identified

According to this article, I should have been working twice as hard as I did during my first year of law school.  Well, there you have it.  Well, perhaps I can make it up by studying more in the second half of law school... Naw, too many other worthwhile distractions! :)

Personally, I like the three year structure.  I think it would be cool if there could be a way to offer both and let the consumers (students) choose.  Gosh.  What a radical idea!  A consumer driven marketplace!

Some Question Third Year of Law School

By JUSTIN POPE, AP Education Writer Tue Aug 9, 2:21 PM ET

Now a corporate lawyer, Jennifer Leong fondly recalls her third and final year of law school. A job secured, she traveled frequently. Her courses included feminist jurisprudence and a half-semester bankruptcy seminar — each carefully chosen to get her weekend started by Wednesday afternoon.

"A lot of beer and softball," recalled Leong, who got her University of Virginia law degree in 2000. "Third year was probably the best year of my life."

At many top law schools, the third year is famously relaxed, a halcyon interlude between rigorous introductory courses and the long hours that await graduates at law firm jobs. There is research and volunteer work, but also a lot of bar-hopping and little studying: 15 hours per week, according to one survey at 11 law schools, compared to 33 hours for first-year students.

But if it's an extended vacation, it's pricey: $30,000 or more at top private schools. And at many law schools, grads can't count on the six-figure salaries awaiting many at the most prestigious programs, so an extra year of debt is a big burden.

Some educators want to see the third year beefed up, arguing the law is more complex than ever and future lawyers need more preparation, both for the bar and exam and for their careers. But others want it dropped.

Critics say there's so much law that students will learn most of it on the job, anyway. They see the third year as a revenue racket, a full-employment scheme for faculty that comes at the expense of non-elite school students and discourages them from taking public service jobs.

Am I crazy?

My fall class schedule has changed somewhat since the last time I posted it. It now looks like this:

Class	Credit	Instructor	Days	Hours
Comparative Human Rights Law	3	McCrudden	MTWR	8-10
Jurisdiction and Choice of Law	4	Reimann	MTWR	10:10 – 11:05
Bankruptcy	4	Pottow	MTW	1:10 – 2:25
Family Law	3	Kochen	TWR	2:35 – 3:30
Anatomy of a Deal	2	Adelman	M	3:40 – 5:40
Total Credits	16

Is 16 hours crazy -- especially given my penchant for getting involved in other things?  I think it may be.  But, I'm going to give it a go.  I may end up having to take one of the classes pass/fail, we'll see.

Grade breakdown

Correct me if I'm wrong, but isn't the following communication from one of my professors distillable to one word -- "curve"?

I am writing in reply to your question about your grade for Law []. First, a note about how grades were calculated. The letter grade for each assignment was converted to its numerical equivalent. The numerical equivalent for each assignment was then weighted to reflect its proportion of the final grade. These weighted numbers were then added together to arrive at the student's total points. Finally, the law school's grading guidelines (the "curve") was applied and final letter grades assigned accordingly.

In your case, your final grade was calculated based upon the following:

Oral presentation 1: A-
Writing assignment 1: B+.
Writing assignment 2: B+.
Writing Assignment 3: B+.
Oral presentation 2: A-.
Discussion/CTools: A-.

Converted to their numerical equivalents and then weighted for their relative proportion of the final grade, these numbers totaled 3.48, which pursuant to the curve was the equivalent of a B

Time wasters

So, what do you think?  Does this account for why I failed to get any A's this past semester (I hate that apostrophe there, but it looks even worse without it -- is there a rule?)? 

I play this stupid game several times per day, and have for years.  I even used to play it at work (on my old computer I had over 2,000 games).  I need a life.

Grades

Well, I have all my grades in now.  Despite my very best efforts in Critical Race Theory and despite my business background (but not best efforts) in Enterprise Organization, I got no As this semester. Now, it was a tough semester (for reasons other than school itself) but it wasn't that tough.

I am very disappointed.  I truly believed I got As in both courses.  While it is true that I did not put forth my best effort in EO, I also felt like I knew most of the answers cold on the exam. This is a class where I had to correct the teacher on at least 3 occassions where it was clear that she did not understand the concept she was teaching (I'm not trying to say that I knew more than she did overall -- but in at least those 3 circumstances, she was just plain wrong). Perhaps I just got what I deserved for being too cocky in that class.  But, in CRT, I really worked hard; I never missed a class, I did all (ok, most) of the reading, I participated in class, I led our group in the group projects and I wrote a decent (despite being my first) paper. 

Download who_can_be_a_woman.doc

Grades have never meant much to me in the pursuit of this law degree.  I've gotten Bs since the beginning and I've been satisfied with that.  That puts me somewhere in the middle of the pack, I suppose and that's ok with me (hell, it'd still be ok to be lower, as far as that goes), but in these two classes, I have to admit that I really did want and expect to get As.  ::sigh::

Oh, and this next semester has already gotten off to a great start.  I was unable to get into Evidence, so now I must find another class that fits within my schedule.  Despite my desire to avoid the damn class, I may find myself taking Individual Taxation next term.

Life (and blogging!) will resume

I'm still around.  I'll be back here soon. I have two more exams (one 4 hour one today and a 25 minute T/F tomorrow) and I'm half done with law school.  My paper is done and turned in (I'm a little concerned that it's too long, but it is what it is).  I took a 6 hour "take-home" exam yesterday in transnat that was difficult, but not horribly so.  Thankfully, that class is only 2 credits (next semester it goes to 3).

That is all.