The Mighty Church of Capitalism

Money talks. Photo credit: 401kcalculator.org.

The decision by SCOTUS today is completely line with capitalist ideology. Corporations, entities which exist to generate wealth, are already considered people in the government’s eyes. Was it really that far of a logical leap for the majority to decide that if corporations were persons, that they would thus be persons with religious rights?

Let’s forget for a moment that women are people with their own set of religious rights. The decision reflected what one of my professors said about each case we read if it involved a well-known company: Mickey Mouse always wins. It’s a neat little loop: those who have the means are in the position to hire an attorney in the first place. Since the legal profession is one where the failure to dot your is’ and cross your ts’ has a real impact in whether your case is even filed correctly, it doesn’t surprise me that there would be an inherent bias built into the system that favors those with wealth over those without.

Which is more or less what happened. SCOTUS ignored the fact that for every corporate entity that is considered a person, there are usually several thousand people that generate the work that produces that company’s wealth. However, because the company is the entity valued at several million/billion dollars it’s the one whose rights get respected. After all, how much is any individual worker worth? Not as much as the company as a whole.

Mathematically, it’s a very neat and logical decision: Company X = $$$ > workers = $. So the winner is the company!

Most of the reactions supporting this decision are coming from a place of privilege, because most of them center around this basic idea: if you’re a woman working for a company that won’t pay for your medical needs, then leave. Which completely overlooks the reality that for many people, staying at a job is the goal, and they are loathe to leave the stable paycheck in this economy. Especially if they have other obligations, such as paying down a mortgage/student loans/children.

It also overlooks the fact that the process of switching to a new job is particularly difficult for those who find themselves in lower wage positions to begin with, because those are the jobs with the least amount of flexibility. I’ve been in that boat, and given that looking for a job turns into a full time endeavor on its own, I know that people stay in positions they’re miserable in because they need the steady pay. When you’re at the bottom and have several layers of supervisors to report to, your absence is quickly noticed, since in-person interviews take time and tend to be scheduled when all the vital team members for the hiring decision are present, which means you can’t just schedule it during lunch without running the risk that you’ll be late.

If you don’t want your present employer to catch on that you’re trying to abandon ship, there’s only so many ways you can try to maneuver without it affecting your work performance and endangering the job you presently have. This is a reality for those of us struggling to make ends meet, who do not have the luxury of being courted for employment or the security in coming from a background where family members or friends could support them should they wind up being unemployed. When your goal is a steady paycheck, you tend to not ask what your employer’s beliefs are, even if they are distasteful to your own.

Why? When you’re poor, you don’t have the luxury to care whether your employer hates women and will actively seek to avoid paying your medical expenses. You’re grateful to have something that pays the never ending bills for everything you need to keep a roof over your head, and to keep yourself fed. Even if you tried to leave to a better company, odds are you wouldn’t be able to, as in this market employers can afford to be choosy. SCOTUS just gave companies one more way to prevent women from breaking through the glass ceiling in certain industries, since I really doubt any organization unwilling to care for the health of its female employees could be fostering a work culture where women are valued and encouraged to advance to the top of its corporate ladder.

Liz’s Five Law School Lessons

Copyright by Moyan Brenn.

So I survived the first year of law school! Was it challenging? Yes. Did I hate myself/my life? At times. The overwhelming urge that drives the law student’s thinking is conformity, because your peers are who you’re competing against for those coveted good grades. The first semester no one knows what they’re doing (those that say they do are making themselves feel better with their false bravado) and the second semester the students that did well ramp it up because they feel the stakes are higher and everyone slogs through trying to figure out what worked and what didn’t so they can do as well as they hope to do without losing their sanity along the way.

For what it’s worth, I am very glad that I had some work experience under my belt (even though being out of school as long as I’d been made me doubt whether I had the capacity to still learn – the old dogs & new tricks adage) as it enabled me to better approach law school as a job. A person can only work so long at something successfully, straining for a long stretch of time leads to people burning out. As a reminder for myself come next semester, and hopefully as a sane guide for anyone stumbling across this in need of helpful advice on how to tackle the first year of law school, I present the following five lessons:

  1. Treat law school as a job. You’ll get a class schedule, so structure your days as much as you can so that you’re doing law school related tasks (reading, outlining, visiting professors during office hours) for roughly eight hours a day, planning to give yourself one day where you just don’t think about it at all. For me, that wound up being Sundays (church and family made it easy to decide it’d be my “off” day) and the break from the grind allowed me to come back to it with a renewed sense of vigor. It wasn’t always possible, I know I wound up spending more time focused on my studies during midterms and exams, but I did better than others because by the time they rolled around, I hadn’t burned out.
  2. Outline early and often. You’ll have the chance to get outlines from 2Ls and 3Ls, but making your own really helps you figure out what it is you’re learning and what you may need to make sense of still. The most straightforward way to outline is to follow the syllabus for the class, but I found I’d reorganize it to make concepts that fit together better for me. Your outline is how you see the information fits together so you can optimize how to use it to help you answer an exam question. While I pulled my share of allnighters in college, there’s no way to do this for law school. Your goal’s to get the information as your professor is teaching it to stick in your long-term memory. The only way this will happen is if you interact with it regularly throughout the semester.
  3. In your outline, page numbers will help you out. Some professors allow open book exams, it makes obvious sense to have page numbers included since you’ll want to be able to jump to the right page in your course’s book for citation reasons. For exams where it’s closed book, it’s still useful to have page numbers for personal reference. When you’re studying as a group, inevitably you’ll wind up in a controversy over a topic and being able to jump to the right page in the book will resolve those disputes quickly.
  4. Frontload your reading, when possible. If you can manage to get a course syllabus with the reading for the entirety of the semester on it, you can tackle the reading early and get it out of the way by finals time. This should go without saying, but you really don’t want to fall behind with the reading. Some professors love cold-calling, but it’s too easy to slack off on reading when the professor gives students an assigned date to be on call. My second semester, I was so glad I’d read ahead as often as I did because it allowed me to spend more time before finals were underway to outline and make sure I was really comfortable with the material.
  5. The simple way to do legal analysis is make sure you’re connecting facts with law. On an exam, you’re going to get a scenario where it won’t really matter how you come out with your final conclusion. What your professors are looking for is the reasoning behind your answer, and in this way law school’s a lot like math classes: you’re not going to get credit for the right answer unless you can show your work. The word “because” should be your new bff, because if you can’t connect the relevant facts from the exam with the relevant law discussed in the course, you just cannot do well.

PS – you’ll hear a lot about supplements and hornbooks. Some people are crazy about them, and worship them because it manages to make more sense than whatever the professor happened to say about a topic. I didn’t really use them, because they weren’t ever required for any of my courses and in general, I found them to be too general. Before investing in them, you should be able to look at them in your law school’s library to determine if you would find it useful. What worked for me was circling back with the professor (who you should remember will be the person grading your exam – not necessarily the author of the supplement/hornbook you’re using) and asking questions when I was confused. Your professor’s going to test you on topics they teach you, so I feel like it’s better to stick with your source and ask them for clarification.

Almost doesn’t count

Trigger warning: Rape will be discussed below.

This second semester has been particularly brutal because throughout the span of the semester, I haven’t had a single week that’s been as my weeks were originally scheduled. What this means is I’m basically operating in a more sleep deprived state, and I did what I figured was bound to happen eventually: I hopped on Bart to head home after class, only to remember after I looked for my car in the parking lot that I’d driven in the morning. So that’s how law school is the first year, you’ll wind up forgetting what it was you even did in the morning of that same day because you’re just out of it.

And finals. I’m not looking forward to them, but I want to be done with this process already. Criminal law cases are for me, the worst. I try to think people are decent, and then there’s the reminder that laws exist and lawyers have jobs because people commit terrible acts. There’s no way around having to have discussions where subjects that hit a little too close to home are discussed, and I want to run from the room screaming because I can’t believe I heard someone trying to justify the molestation of a 10 year old by a 15 year old.

That is more or less my problem with feminism these days: that it stopped being about women treated as human beings and has turned into a word that means if a woman approves of it, it’s feminism. It’s hard for a movement to maintain its steam when there’s so many divisions within it: cultural, racial, religious, age, and economic status are the first few that spring to mind. Which probably have everything to do with my lived experience, which is how everyone comes to the world and its various divisions.

Which is where and what is rape, which seems like it should be obvious, isn’t. On campus, there was a performance of the Vagina Monologues, and the tagline on all of the posters for it was “Vaginas are for Everyone” and I couldn’t help but feel upset by that because my first thought is no. No, because my body and its parts aren’t for everyone, they’re for me and whomever I decide to let have access to them, and that is the whole point of consent. Learning to navigate the routes to consent in a world where mixed messages are sent, brings to mind The Not Rape Epidemic piece. My own experience with rape and not rape are what trouble me about the possibility of being a parent one day: how does one raise a child in this broken world?

It’s also troubling me that there’s not more discussion around the whole James Franco scandal. As my boyfriend was kind enough to remind me, he’s a man in a position of wealth and power and doing what such men have done historically, using it. No one’s too upset because he never actually met up with the girl, and he’s James Franco and thus by most measures desirable, and so women should feel lucky that he was interested in them.

And it’s that sort of thinking that’s troubling in the first place. Were I to magically find myself in a position of wealth and power, my thoughts wouldn’t then turn to using said wealth and power to hit on underage guys. I’d be disgusted with myself if I did, and I can’t help but wonder what about me that makes me want to resist such gross abuse. Is it as simple as being a woman, and thus not subject to said temptation?

Back to the Roots

Photograph: Gregorio Borgia/AP

Wandering to the store to buy more water cleaner for the fish I have, I came across Back to the Roots.  They’re a neat company that sprung up across the bay, with two products thus far: an AquaFarm and Mushroom Kit. As a kid who grew up with access to a working farm, I intuitively grasped that separating ourselves from the natural world is impossible. As Henry David Thoreau said, “Every creature is better alive than dead, men and moose and pine trees, and he who understands it aright will rather preserve its life than destroy it.”

It reminded me of this video:

These are just a few examples of a fact that everyone on this planet must come to accept: we are all connected, even if we are not aware of it. As a species, we have thrived by being able to manipulate the elements around us, and this has had profound ramifications on ecosystems without always paying attention until it was too late for other species. Extinction is fact for the Dodo Bird, and the Passenger Pigeon, just to mention two species who recently fell by the wayside in the name of progress.

Such was almost the fate of the California Condor. The species went extinct in the wild in 1987, but through conservation efforts, has been re-released back into the wild. A singular example of how human efforts are capable of saving another species when we’re aware that our meddling is what pushed it over the brink in the first place.

And then there’s the Pope’s Peace doves. He likely meant well, and it’s easy to snark about the failure of an institution to “get it right” in their symbolic attempt to urge others to reach peaceful solutions. It’s much harder to accept the realities of balancing faith as it is lived on a daily basis for many with the harsh economic disparities that still divide humanity along social lines. Those lines are just that, though, dividers that separate us from acknowledging the humanity in others who are different from us.

Their struggle is our struggle. Until we as a species accept that, we allow trivialities to prevent us from moving forward and addressing the perils our planet faces. We are no better than birds, attacking each other over our visually perceptible differences.

A Day of Love and Friendship

Rosy skies.

Happy (almost) Valentine’s Day! This is another “funny how things get lost in translation” instances, because in Spanish, the holiday goes by the name of Love & Friendship day. Love isn’t always easy, but friendship seems to be something we tend to grasp better, because we hope our friends will be there even when our romantic relationships don’t pan out the way we’d planned. Maybe if as a society we could shift focus from fixating on the purely romantic aspects of Valentine’s Day, and embrace a broader definition of love, we’d all feel a little more loved when it rolls around. Hallmark could probably manage to sell a ton of cards for friends, too, so it’s a win-win, capitalism.

Seriously, though, I am surprised that Valentine’s Day is a holiday celebrated en masse given its roots in martyrdom. History’s a fun subject, given that as much as things tend to change, so much remains the same. We’re all looking for love, in some shape or form. It’s our loved ones who are supposed to give our life meaning, after all. We’re not robots, mechanically pushing through attempts at a productive existence without some underlying hope that it’ll mean something to someone, some day.

From where I’m writing, I can see a flow of traffic; in each of those cars are people trying to make it from their point A to their point B, and if pressed they would likely say it’s because of, what exactly? Home to work, work to home, picking up kids, dropping them off, heading to or from campus, the destinations don’t really matter. If properly pressed to expound upon their reasons for being on the road, the common theme of it somehow fitting into their own broader goals would likely emerge.

This whole week, I’ve been stopped and asked by strangers to give them directions to their destinations. In my current law school bubble, I internally bemoaned their intrusion on my busy schedule. But maybe it was the universe’s way to shake me out of my law school daze and remind me that relationships matter, even those with random strangers. I could have been a jerk and told them I don’t know, but I’m trying to remain human so I didn’t. I don’t know if my directions helped, but I feel like at least I made the effort.

And maybe that’s really the whole point of this holiday, however you may feel about it: it’s a not-so-subtle reminder to put in some effort into showing appreciation for those folks in our lives we think matter. If we can take the time to be kind to strangers, we should be able to make it for our friends and loved ones, despite the insanity that our life schedules occasionally impose upon us. Or take the time to be kind to ourselves, even when we’re feeling lonely.