The Faculty Lounge

Women, Gender & the Law Emerging Scholar Award: Call for Submissions

Bumping this to the front in anticipation of the July 1, 2020 deadline.

The Elisabeth Haub School of Law is pleased to announce the competition for its inaugural Women, Gender & the Law Emerging Scholar Award.  This paper competition is open to all full-time law professors with five (5) or fewer years of full-time law teaching experience as of July 1, 2020. The deadline for submissions is July 1, 2020.

The purpose of the award is to encourage and recognize excellent legal scholarship related to women, gender and the law.  The work chosen for the Women, Gender & the Law Emerging Scholar Award should make a substantial contribution to legal literature and reflect original research and/or major developments in previously reported research.

Papers will be reviewed on a blind basis by a committee comprised of four members of the Haub Law faculty with expertise in this area: Bridget Crawford, Darren Rosenblum, Noa Ben-Asher and Emily Gold Waldman.  The winner of the competition will be invited to present the paper to selected students and faculty at Haub Law (located in White Plains, NY) during the 2020-2021 academic year, with reasonable travel expenses paid.

ELIGIBILITY:

• All persons who have held full-time teaching positions for five (5) or fewer full academic years as of July 1, 2020 are eligible for consideration.
• There is no subject-matter limitation for submissions, as long as the paper relates in some way to women, gender, and the law.
• Jointly authored papers are accepted as long as each author independently meets the eligibility requirements.

PUBLICATION COMMITMENTS/LIMITATIONS:

• There is no publication commitment associated with the competition. 
• Papers are eligible regardless of whether they were published prior to submission date, are scheduled to be published after the submission date, or are not yet under submission.
• Each applicant is limited to one (1) entry.
• There are no page-length or word-count limitations.
• All publications (including scholarly articles, book chapters, legal briefs and other writings) are eligible for consideration.

SUBMISSION:

• We will accept submissions for the Emerging Scholar Award from April 1, 2020, through July 1, 2020. The winner will be announced by August 30, 2020.
• To participate, please email your article, redacted as necessary to preserve anonymity (for the blind grading process), as a portable data file (PDF) to Judy Jaeger, Senior Staff Associate, at jjaeger@law.pace.edu with the subject line “Emerging Scholar Award.”
• Please include in the body of the email your name, institutional affiliation and confirmation that you meet the eligibility requirements.
• Unredacted papers will not be considered.

Information on Emerging Scholar Award and the Elisabeth Haub School of Law

This is the inaugural year of the Elisabeth Haub School of Law’s Women, Gender & the Law Emerging Scholar Award.  The law school at Pace University is one of a small number of schools in the United States named after a woman, and we are proud of our school’s long-standing commitment to gender justice.

Since the establishment of the Women’s Justice Center in 1991, Haub Law has made gender justice a priority.  Students have the ability to pursue a concentration in Women, Gender & the Law, through which they develop skills and strategies for effective representation and advocacy for gender justice, regardless of what career they pursue.  The Haub Law faculty includes nationally-recognized academic experts and advocates for gender justice. Our faculty teach, research and write about gender equality and justice as it relates to constitutional law, corporate law, criminal law, education, environmental law, estate planning, juvenile justice, legal theory, poverty, public health, social media, and taxation, to name just a few areas.  An important hallmark of Haub Law is that in addition to our specialty classes that focus on gender, issues involving gender are also integrated into a wide range of other courses.

AALS Faculty Focus Webinars for Early Career Faculty

Posted at the request of the AALS:

AALS Faculty Focus Webinars for Early Career Faculty

AALS is launching a webinar series, Faculty Focus, to address some of the challenges brought on by COVID-19 that might be particularly disruptive for early career tenure-track, clinical, and legal writing faculty.

The first series of topics will focus on how faculty might best allocate their time this summer, beginning with Work-Life Balance and the Demands of Scholarship, Tuesday, June 9 at 4 pm ET/1 pm PT.

Hosted by deans Darby Dickerson (UIC John Marshall) and Vincent Rougeau (Boston College), Faculty Focus webinars will be held every Tuesday afternoon. Each 60-minute webinar will feature expert advice from law school leaders followed by shared experiences from early career law faculty. The sessions will be structured to encourage conversation and connection, as well as provide opportunities for participants to crowdsource solutions and discuss common issues across schools and teaching areas.

Details and registration information can be found on the AALS Faculty Focus webpage at www.aals.org/events/faculty-focus.

@SSRN Categorizers Can’t Recognize a Scholarly Article When They See One

I have previously lamented (here) SSRN’s arbitrary determination of “scholarly” merit. SSRN has inconsistent and unevenly applied rules for what does (and does not) qualify as a “scholarly paper.” That’s a determination with consequence: papers that don’t meet SSRN’s idiosyncratic rules are not “publicly available” and thus will not be accessible on the author’s page on SSRN. The paper is rendered invisible on the SSRN platform (although one can land on the paper through an internet search).

Brian Frye (@brianlfrye) has yet again posted a paper that SSRN inexplicably treats as non-scholarly. Illegitimacy of Plagiarism Norms has an unusual (but enticing) abstract. Click through to the paper and it is… well, a traditional scholarly paper. What gives, SSRN?

The treatment of Professor Frye’s paper by SSRN suggests to me that SSRN classifiers are not actually clicking through to the papers submitted. Professor Frye’s paper is far from anything that SSRN considers a “non-scholarly” paper: work that is an “editorial or opinion paper;” “opinion, advocacy, or satire;” “data tables, summary book reviews, opinion, advocacy and satirical papers.”

SSRN's (arbitary) classfication of some papers as “scholarly” and others as “non-scholarly” and the attendant exclusion of "non-scholarly" papers from an author's publicly-available page do not serve SSRN’s stated mission (here) of providing “rapid worldwide distribution of research to authors and their readers and to facilitate communication among them at the lowest possible cost.” But then again, I’m biased.  SSRN has classified several of my papers (here, here and here, for example) as non-scholarly (and thus non-discoverable from my author page). I have sour grapes.

While we’re on the subject of unusual abstracts, Brian Frye’s new co-authored piece with Maybell Romero (Northern Illinois), The Right to Unmarry: A Proposal, has my all-time favorite abstract. No spoilers. Click through to read a beautiful, happy, joyful abstract to an undoubtedly scholarly paper. SSRN, do the right thing.

Thinking About Submitting to a Law Review's Online Companion?

Here's the info you need to know, in one handy table -- well, for 50 schools at least.

 

Updated Guide to Submitting Essays, Commentaries, Reviews to Online Law Review Companions

I've updated my guide to submitting to online law review companions at 50 law schools. It is here on SSRN. 

As before, the document contains information about word count limitations, subject matter preferences, submission details and other guidelines authors may find relevant when considering sending their work to law review presences online. There's a column indicating whether the online companion articles are included in the HeinOnline Law Journal Library.

Details vary widely from journal to journal. Not all journals accept unsolicited contributions. Corrections, additions, refinements to this chart are very welcome.

I've updated my guide to submitting to online law review companions at 50 law schools. It is here on SSRN. 

As before, the document contains information about word count limitations, subject matter preferences, submission details and other guidelines authors may find relevant when considering sending their work to law review presences online. There's a column indicating whether the online companion articles are included in the HeinOnline Law Journal Library.

Details vary widely from journal to journal. Not all journals accept unsolicited contributions. Corrections, additions, refinements to this chart are very welcome.

Updated Guide to Specialty Law Review Submissions - Women, Gender & Law

It's available here.

Updated Guide to Submitting Essays, Commentaries, Reviews to Online Law Review Companions

I've updated my guide to submitting to online companions to include 50 schools' law reviews.  The new guide is here on SSRN.  The chart with contains details on the mechanics of submitting essays, commentaries, reviews to the online presence of journals at 50+ schools.

For now, the document contains information about word count limitations, subject matter preferences, submission details and other guidelines authors may find relevant when considering sending their work to law review presences online.

Details vary widely from journal to journal. Not all journals accept unsolicited contributions.

Corrections, additions, refinements to this chart are very welcome. (If for any reason the link doesn't work because the submission hasn't been reviewed yet by SSRN, you can navigate to it via my SSRN page here.)

More (Specialty) Law Review Submission Guides

Raizel Liebler, Head of Faculty Scholarship Initiatives at the Louis L. Biro Library at The John Marshall Law School (Chicago), has posted to SSRN two new guides for specialty law review submissions:

• Information for Submitting to Intellectual Property and Science & Technology Law Journals; and
• Information for Submitting to the Top Specialty Law Journals

Each guide contains:

• Name of the journal (either the top 40 specialty journals in intellectual property and technology, based on the most recent Washington & Lee journal rankings, or the top 50 U.S. based student edited specialty law journals, based on the most recent Washington & Lee journal rankings). 
• Washington & Lee specialty ranking (for IP guide) or specialty ranking (for top 50 specialty student-edited U.S. law journals)
• Submission via Expresso, Scholastica, or email
• Whether articles from online journal are included in HeinOnline’s Law Journal Library
• Specific information about submission, such as word count limitation, if any.

Helpful!

 

@SSRN and the (Arbitrary) Determination of "Scholarly" Merit

Yesterday Brian Frye (@brianlfrye) (Kentucky) tweeted:

I am sad. @SSRN has decided that my article about Gremlins (1984), "In re Patentability of the Peltzer Inventions," does not qualify for "public" status because it is "opinion, advocacy, or satire." Why judge? Oh well.  You can still download it here: http://www.ssrn.com/abstrac_id=3371989.

I followed Brian's direct link to the piece. The abstract refers refers to the many inventions of the movie's Randall Peltzer character, and explains, "This essay takes the form of an opinion letter valuating the patentability of Peltizer's inventions." I don't teach IP, but I like Brian's work and so I downloaded the essay. It struck me as funny and as an excellent teaching tool.  But if you go to Brian's author page on SSRN, you wouldn't be able to access the paper.  You wouldn't even see it.

I myself have posted material that apparently doesn't meet SSRN's criteria for a "scholarly paper," including this interview with the principal drafter of some important state trust legislation (and the interview itself has been cited in subsequent scholarship) and this short piece for Tax Notes reviewing estate and gift tax law review articles published in 2016 (even though SSRN published my similar pieces reviewing scholarship for the years 2015, 2014, 2013, 2012, 2011, 2010).

When I posted my Information for Submitting to Online Law Review Companions (a submission guide modeled after Nancy Levit and Allen Rostron's useful Law Review Submission Guide), SSRN reviewer "TyD" responded:

We have accepted your paper to appear in the "Other Papers" section of your Author Page, which is where opinion, advocacy and satirical papers are displayed as per SSRN policy. It will not be searchable by the SSRN eLibrary search engine but will be searchable by public search engines, and you may share the URL.

I asked SSRN for reconsideration, and got this from SSRN reviewer "Katie M":

We have recently reviewed your submission to SSRN. Our classifiers have determined that this submission is very useful information, however would still be considered non-scholarly. Because of our acceptance of your previous paper 1019029 [the Levit/Rostron paper, which isn't "my" paper -- BC], we have made the decision to allow the public viewing of this paper. In the future, similar submissions will be processed to appear in the "Other Papers" section of your Author Page, which is where submissions that are not full scholarly research papers (including submissions such as data tables, summary book reviews, opinion, advocacy and satirical papers) are displayed as per SSRN policy.

I don't even bother thinking that Information for Submitting to Specialty Law Reviews and Journals in Gender, Women & Sexuality will be a searchable public paper. 

So what exactly are SSRN's rules for what is "publicly available" and what is not? What I could find appears below the fold.

CFP: Critical Legal Academics and Scholars International Collaborative Virtual Workshops

Cyra Akila Choudhury (FIU) is coordinating a series of virtual research and writing workshops called CLASIC, the Critical Legal Academics and Scholars International Collaborative.

The workshops will be virtual meetings of collaborative members and can be open to all or by invitation only. It provides a virtual space in which papers, ideas, book proposals, etc., can be workshoped for feedback. The format follows Harvard’s Institute for Global Law and Policy writing workshops.

In addition to workshoping papers, scholars will have the opportunity to collaborate, connect, disseminate work and increase readership/audience for critical legal work that otherwise may be overlooked.

The first workshop will take place on Tuesday, April 23.  More info available here. Anyone interested in participating should email Professor Choudhury: cyra.choudhury (at) fiu.edu.

UC Davis Journal of Juvenile Law & Policy Exclusive Call for Submissions: Now Through July 7

From the student editors at UC Davis:

The UC Davis Journal of Juvenile Law & Policy (“JJLP”) is now accepting exclusive submissions for its Winter Issue of Volume 23. JJLP is a biannual publication of the UC Davis School of Law that addresses the unique concerns of youth in the American legal system. All articles submitted to JJLP between now and July 7 , 2018, at 11:59 PM Pacific Time, will be evaluated and considered for publication by July 28 , 2018. To be considered, an article must relate to some aspect of juvenile law or policy, such as juvenile health and mental health, education, or the juvenile justice system. If you have previously submitted an article to JJLP, you must resubmit the article for consideration in this review.

By submitting an article via this exclusive submission track, the author agrees to accept an offer of publication, should one be extended. Articles that receive offers of publication will be published in the Winter Issue of Volume 23. The publication process involves an interactive editing process between the author and the staff of JJLP.

To submit, please email your article manuscript in Microsoft Word format, along with your CV, to jjlp.ucdavis@gmail.com. Please title the subject line “Winter 2019 Exclusive Submission Track.”

For Men in the Legal Academy Who Want to Help Fight Sexism

Men in the legal academy, if you want to help fight sexism...

...do cite good scholarship by women. Empirically survey your own footnotes before sending in that manuscript....don't accept invites to speak on panels without racial and gender balance. Ask the question before accepting....do call out other men who speak over women in faculty meetings.

...do ask each law review that offers to publish your article about the racial and gender balance of the authors the journal has published in the last five years.

...do advocate for key committee leadership by women of all colors, men of all colors and other minority groups. Faculty hiring might look a wee bit different.

...do look at racial and gender salary disparities on your own faculty, if the information is publicly available. Ask questions. In. Front. Of. Everyone.

...don't close your office door fully when meeting with any students, especially women.  In confidential situations, draw the door partially closed and speak quietly.

...don't date students.  If you respect women, men, and yourself, you can wait until after graduation.

...don't call on a female student to give the "woman's perspective;" don't call on a student of color to give the "black/brown/Asian/other" perspective.  No one speaks for an entire group. No one student should carry the burden of educating the rest of the class. You're the teacher.

...don't wait for a student to raise issues of gender, race, class, sexuality.  Lead by example and signal that these issues can be important.

...when teaching Crim Law, do remember that there are rape survivors in your classroom. They are not snowflakes; they are strong; but be considerate.

...don't comment on any student's appearance. If the student needs some friendly advice about what is or is not appropriate clothing for class or interviews, there's a Dean of Students for a reason.

...do instruct moot court judges that they are not to comment on students' appearances. If there are concerns that could hurt the student's career, rely again on the Dean of Students, not the moot court judges, to convey the info.

...don't call a mixed-gender group of staff or students "guys" (e.g., don't say, "Have the guys in the IT department check your computer," when there are women who work in the IT department, too.)

...do object to the use of the word "guys" to refer to a mixed-gender group of students, colleagues, staff (e.g., "Those guys did a great job"). Your vocal objection to the use of "guys" in a case like this would be a rare instance in which "mansplaining" is welcome, especially to other men. Don't make it women's work to be the ones who remind everyone else of the importance of gender-neutral language. Your school may even have a policy on it.

 

(cross-post from FeministLawProfs.com, here)

Introducing the Equality Law Scholars’ Forum & Call for Proposals

From the mailbox:

In the spirit of academic engagement and mentoring in the area of Equality Law, we (Tristin Green, University of San Francisco; Angela Onwuachi-Willig, UC Berkeley; and Leticia Saucedo, UC Davis) introduce the Equality Law Scholars’ Forum to be held this Fall.  This Scholars’ Forum seeks to provide junior scholars with commentary and critique and to provide scholars at all career stages the opportunity to engage with new scholarly currents and ideas.  We hope to bring together scholars with varied perspectives (e.g., critical race theory, class critical theory, feminist legal theory, law and economics, law and society) across fields (e.g., criminal system, education, employment, family, health, immigration, property, tax) and with work relevant to many diverse identities (e.g., age, class, disability, national origin, race, sex, sexuality) to build bridges and to generate new ideas in the area of Equality Law.  

We will select three to four relatively junior scholars (untenured, newly tenured, or prospective professors) to present papers from proposals submitted in response to this Call for Proposals. In so doing, we will select papers that cover a broad range of topics within the area of Equality Law.  Leading senior scholars will provide commentary on each of the featured papers in an intimate and collegial setting.  The Equality Law Scholars’ Forum will pay transportation and accommodation expenses for participants and will host a dinner on Friday evening.  

This year’s Forum will be held on November 17, 2017 at Berkeley Law School.

Junior scholars are invited to submit abstracts of proposed papers, 3-5 pages in length, by July 14, 2017.

Full drafts must be available for circulation to participants by October 27, 2017.

Proposals should be submitted to: Tristin Green, USF School of Law, tgreen4@usfca.edu.  Electronic submissions via email are preferred.

Exclusive Submission Opportunity at Penn State Law Review

From the students at the Penn State Law Review:

The Penn State Law Review is conducting a direct article review to fill positions in Volume 121: Issue 1 and 2. Any article submitted to this review between now and May 9th will be considered and evaluated by May 13th. If you have submitted an article to the Penn State Law Review previously, you must resubmit your article for consideration in this direct review. 

By submitting your article, you agree to accept an offer for publication, should one be extended. Any articles accepted will be published in Volume 121: Issue 1 or Issue 2 of this review. Issue 1 is currently scheduled for publication in September 2016. 

If you have an article that you would like to submit, please e-mail an attached copy of the article, along with your cv and cover letter, to bta5030@psu.edu . Please include “2016 Direct Article Review” in the subject line.​

Please feel free to contact Brett Atanasio, Editor-In-Chief, with questions.

 

Empirical Research Security Concerns

Continuing with the posts I've been doing over the past two weeks about my new book, Living in the Crosshairs: The Untold Stories of Anti-Abortion Terrorism, today I want to write a bit about the security concerns that my co-author and I confronted in doing this research.  Some of this is generalizable to other qualitative empirical research, but some of it is very particular to the topic we were researching.

The generalizable concerns are not terribly new, so I'll be quick with them.  The big concern we had here, which is true with most qualitative research (though not all), was in protecting the identities of our interview subjects.  We labeled all computer files associated with a particular subject with a random number, rather than names, and had only one password-protected file that linked the random numbers with individual names.  That file was on a non-networked hard-drive and backed up to a non-networked backup drive.  There were no other copies of the file, and it could not be accessed remotely.  The consent forms that individuals signed, which had their real names on them, were not in any way associated with their random number and were kept in a locked file cabinet in alphabetical order.

As I wrote in an earlier post, in writing the book, we used fake names for each subject in our book (except for the small number who insisted on real names) and used the Census Bureau region map to identify where a person worked.  We offered each person the opportunity to approve the fake name and the descriptive region, with some wanting a different name or more generalized region description (or none at all) to protect their identity.

These are all fairly standard concerns, though.  What was more interesting with our research were the concerns that came from the topic - anti-abortion harassment and terrorism.  Because of this topic, with its history of intimidation, targeting, and violence, there were extra security precautions as part of the research:

• Limitations on initial contact:  We were prohibited by our IRB from making the initial contact with any of our possible research subjects.  In other words, they had to come to us; we couldn't go to them.  Thus, even if one of our subjects told us about someone they knew who would be a valuable person to interview (a pretty standard way to get more interview subjects), we had to ask the initial person to contact their friend and ask that person to then email or call us.  This was cumbersome, but it made sense.  After all, we were studying individualized harassment, so an unwelcome phone call from a stranger could add to the sense of being harassed.  Or worse - the person we called may not know whether to trust us and may feel that this is a possible trick to get personal information from them.  We didn't want to put anyone in that position, so we strictly followed this IRB requirement even though it made subject enrollment more difficult.
• Professional conference security:  Partly due to what I just described, pretty early on we got some great advice to attend a professional meeting of abortion providers so we could have a booth advertising our research for potential interview subjects.  For the exact reasons we wrote our book, this conference was like no other professional conference that I've heard about.  The date and location are secret.  In order to find out that information, we had to get letters of reference from two people already trusted by the organizer.  In the weeks leading up to it, we received notices about confidentiality and secrecy about the conference and its location.  When we got there, bomb-sniffing dogs and large men and women wearing gray suits and earpieces were all over the conference venue.  Name tags had to be worn at all times and then taken off upon leaving the conference area.  One morning, we had to wait 15 minutes to enter the conference area because the dogs had to do an extra bomb check.  These security measures were in place so that abortion providers are kept safe.  It presents a barrier to entry for researchers, but a barrier that is necessary given the history of violence and targeting. 
• Our own personal security:  We have often gotten the question "do you fear the anti-abortion extremists will come after you?"  Relatedly, "do you need extra security for your research data in your office?"  While we can never be 100% sure, history tells us that we don't need to be concerned about this.  Anti-abortion extremists have gone after all sorts of providers -- doctors, nurses, administrators, counselors, volunteers, security guards, and more -- but they have not, so far, targeted attorneys and researchers.  This, of course, could change, but we made a decision early on not to let this concern get to us unless for some reason we had reason to believe otherwise.

There were other security-related concerns doing this work, but these were the most significant.  It's pretty safe to say that empirical research presents security concerns that traditional legal research does not.

The Fun - and Messiness - of Qualitative Empirical Research

I've always greatly enjoyed the scholarship side of being a law professor.  In fact, and I'm just one of many who's said this before, if you don't enjoy it, it's really not the right job for you.

But little did I know until I started in on the research behind my newly released book about anti-abortion terrorism that there is another form of scholarship that is much more enjoyable than your standard law professor theoretical or doctrinal scholarship - the qualitative empirical research that my last couple of posts have covered.

The key factor in most qualitative empirical research is that you are talking with people about their experiences to learn about how and why they do or experience things.  These interviews form a data set that you then analyze to raise questions or reach conclusions about the phenomenon you are studying.  It's nearly impossible to draw generalizable conclusions from qualitative research, but you can provide useful explanations and derive novel theories from it.

This is a very different method of scholarship than typical law professor scholarship.  At least as I've experienced it, theoretical and doctrinal legal scholarship is a fairly solitary enterprise.  You read cases, books, articles, legal documents, etc.; develop ideas and theories based on them; and then write up your analysis.  All of this can be done from the confines of your office (or home or coffee shop or whevever).  As I said at the start of this post, I have no doubt enjoyed this type of scholarship in the past.

But after doing this qualitative research project over the past few years, I'm not sure I'm eager to go back to traditional legal scholarship.  Why?  Because the qualitative research is simply more fun.

There are many reasons for this.  I think the main reason is that you are interacting with people who are describing their lives and how law interacts with it.  In doing so, you get yourself out of your office, see and learn about the variety of people's lives, and learn about the real world effects of law.  To me, this was energizing in a way that I never anticipated.

Beyond this, there's a thrill of creating a new data set that had never existed before.  In capturing stories and people's experiences that may have never been told before, you are producing raw data for the world that's new.  From that, you develop your own analysis, but others may be able to use this data for other analyses.  That's a contribution to the world that's different than ordinary research.

Then there's also the connections that you get from doing this kind of research.  You build a network of people who trust you and might help you with other projects, whether scholarly or otherwise.

All of this, and other aspects of it as well, has been hugely rewarding and fun for me.  It doesn't come without its messiness though.  And the messiness comes from what makes it so rewarding and fun in the first place - dealing with people.

When you deal with people, you have to track them down, keep track of them, work around their schedules, and handle their idiosyncrasies.  Caselaw and law review articles don't change contact information mid-stream, fail to return your calls, or demand that you do things one way or they won't participate.  Compiling your sources for typical legal scholarship doesn't turn you into a detective trying to locate subjects who are sometimes moving targets.  In other words, all the things that are messy about dealing with people in real life are also messy in dealing with people for research purposes.

Which makes qualitative research not the right thing for every law professor.  Far from it.  However, for me, after having so much fun with this methodology, even with the messiness, I really do find it hard to imagine going back.

Doing Qualitative Empirical Research

Continuing with my discussion of my recent book and some of the scholarship issues that I worked through, today I'm going to write about some of the tips and pitfalls I discovered actually doing qualitative empirical research.  Hopefully some of these can be helpful to others who are embarking on a similar endeavor:

Interview recording:  We started the interviews by having a stand-alone mic that we plugged into a laptop computer to record the interviews.  We quickly realized this was too cumbersome and bought a small digital recorder, along these lines.  This was much better -- easier to use and less intrusive.  You can use your phone's voice recorder, but you always run the risk of running out your battery.  Having a dedicated digital recorder is a better plan.

Post-interview form:  One thing I regret not doing is having a basic post-interview form for us to record our basic thoughts following each interview.  Things like - important points, key stories, apparent themes, issues raised, etc.  When you do so many interviews, it's easy to forget these things that you might have fresh in your mind right after.  Having a form to complete following each interview would have helped.

Transcription:  We didn't even try to transcribe the almost 100 hours of interviews ourselves.  Instead, we hired someone via Elance who had been recommended to us by a colleague.  She was great and charged $40 per interview hour, much less than some other services we looked into.

Coding software:  Getting to coding and analysis time, the big question was what software to use.  NVivo is the big player here, but it just didn't work well for our purposes.  Having two authors working on the coding at the same time presented problems with NVivo - one of us had a PC and the other a Mac, and NVivo was not so easy on a Mac.  Also, syncing our updates was not easy on NVivo, involving extra server software that was very expensive.

Dedoose solved these issues and more.  Dedoose is internet-based software that runs the same regardless of the computer (since it's on the internet).  It updates real-time, so if two people are working separately their updates can be seen almost immediately by the other.  Both of the major NVivo issues were solved with Dedoose.

Plus, Dedoose was easier to use in many ways.  Its interface was intuitive and very easy to use.  Its customer service was very responsive.  It was relatively cheap, did everything we would have asked NVivo to do with our data, and had helpful video tutorials.  We started with Dedoose almost out of necessity; we continued using it because it was easy and powerful.

Developing codes:  We made the mistake when we developed the codes for our interviews of creating too many codes and sub-codes.  This seemed to make sense at the time, as we wanted to capture fine distinctions, but it became too unwieldy as we tried to actually apply the codes.  Thankfully, Dedoose allowed us to merge the codes without too much trouble, but it would have been better if we had been more judicious with our codes and sub-codes at the start.

Fake names:  This is a little thing, but it was hugely helpful.  If you're like me, when you write exams, you make up fake names for your fact patters.  At some point though, you run out of good names and feel stupid using combinations of family members' and friends' names.  For our book, we use almost all fake names (to protect identities).  It would have been a bear to come up with so many fake names.  But thankfully, there's a website to solve the problem.  Actually, there are many websites.  The best one I found was the appropriately named Fake Name Generator.  It generates all sorts of fake names for you, customizable by sex, country of origin, and ethnicity.  It was an invaluable resource for writing.

There are other decisions to make in actually doing qualitative empirical research, but these are the ones that were either the most important or the most valuable in passing on.  When in doubt, there's no better advice than this - ask someone else who's done it before!

Learning Qualitative Empirical Research

Last week I started writing about my new book, Living in the Crosshairs: The Untold Stories of Anti-Abortion Terrorism.  I introduced the book and then explained how it came about from a perfect storm of scholarship, teaching, and service.

Today, I want to write about learning qualitative empirical research methods.  The book is an interview-based book, so my co-author and I had to learn how to do interview-based empirical research.  Neither of us is formally trained in this, so it was quite the undertaking.  Thankfully, though, there were a lot of great resources available to us.  Here's a list of useful tips/resources, in no particular order:

Your IRB: Your Institutional Review Board is not just there to give you nightmares about paperwork and hoops that you have to jump through.  A great piece of advice we got early on was to talk with the people at the IRB before we started filing anything.  They were really helpful in thinking through various aspects of our methodology and framework for our research.

Faculty colleagues:  I am very fortunate to have many colleagues on my faculty who have advanced degrees in fields that use qualitative research more than law, several of whom really know qualitative methodology.  They were incredibly helpful throughout this.  Like the IRB, we talked with them very early in the process to help think about basic methodological approaches and then continued to talk with them for details.  If your law school doesn't have people like this, chances are, if you are part of a university, colleagues in other departments would be more than willing to help.

Professors elsewhere:  One of the most important decisions I made early on with this project was to not be shy in reaching out to people, even if I had no prior connections with them.  I reached out to people who had written books in this field as well as other law professors who did qualitative research that was somewhat related.  Almost everyone responded and gave generously of their time in helping and thinking through what it was that we were doing.

AALS: The AALS occasionally offers workshops on qualitative empirical research.  I went to one as part of an annual meeting and found it immensely helpful, even though I had already started doing interviews.

Books:  Sage publishes a litany of books on qualitative empirical research.  The Sage Handbook of Qualitative Research is excellent for all-around help.  For overall understanding of qualitative research and the beginnings of study design, my favorite was Qualitative Inquiry and Research Design: Choosing Among Five Approaches by John Creswell.  Theoretical Frameworks in Qualitative Research by Anfara and Mertz was also useful.

Videos:  There are some professors who teach in this area who have recorded videos of classes going through methodology issues.  The videos from Graham Gibbs were the ones that I found most useful, especially when getting into the nitty-gritty of doing the interviews and then coding/analysis.

Other qualitative studies: Reading other qualitative empirical studies is very valuable as well.  Seeing what other scholars have done, both legal and non-legal scholars, can help with your own study design.

There are other resources out there, of course, but these were the most useful ones that I found.  I think one other thing to keep in mind is that many of us lawyers have a good head start on qualitative research because we have developed interviewing skills already.  Qualitative research interviews are not identical to client interviews, but there are many similarities.

Tomorrow I'll continue in this vein with some more specifics related to conducting qualitative research (once you've learned what it is that you're doing).

Generating Scholarship From Service and Teaching

Four and a half years ago, if you had asked me whether I was ever going to write a book, I'd have laughed.  I was comfortable in the world of law review publishing, had found two different niches writing about gender construction and masculinity as well as Supreme Court voting paradoxes, and hadn't really thought much beyond continuing with that trajectory.  Plus, writing a book sounded really hard!

Here I am now though, just having published the book that I introduced yesterday about how abortion providers are personally targeted by anti-abortion extremists.  How it came about, given that I wasn't looking to write a book and wasn't writing in the area of abortion, is a perfect storm of service, teaching, and scholarship.

Before I started teaching, I was a staff attorney at the Women's Law Project in Philadelphia.  One of the many reproductive rights cases I worked on was representing an abortion clinic in Allentown, Pennsylvania that was having issues with protesters.  I enjoyed having that clinic and their executive director as a client, so when they were directly sued by protesters after I joined the Drexel faculty, I offered to work on the case pro bono with my former colleagues.

The case was also a great opportunity to engage students in constitutional litigation raising issues that I taught in class and to show students how the material we cover in my courses is relevant to real law (something, despite much trying on my part, some of them refuse to believe).  The crux of this new case was the issue of state action - could a private abortion clinic and its executive director violate anti-abortion protesters' First Amendment rights?  The theory of the case from the protesters' view was that the clinic had conspired with the police to limit the protesters' access to the patients.  This is one of the exceptions to the state action doctrine, an important issue in my constitutional law courses, and it was the central issue in this case.

I had originally thought the case would quickly be dismissed because there was no proof of a conspiracy.  But, unfortunately for my client, it took over 3 years for the federal judge to agree, which he ultimately did on our motion for summary judgment.  (And then the case was mooted on appeal after the clinic moved locations.)

This extended period of time was fortunate for my students though, and ultimately very fortunate for me and my co-author.  It was fortunate for my students because I was able to have several of them work on the case through its various pre-trial stages.  Not all of the work they did was about constitutional law, but it was all directly relevant to a constitutional case, which was interesting for them to work on in law school.

The last student I asked to work on the case was my co-author, Krysten Connon, who was a 2L at the time she started on the case.  After researching various aspects of pre-trial procedure, Krysten had the opportunity to meet our client, the director of the clinic.  The clinic director told Krysten how she not only deals with protesters at the clinic but also has to deal with protesters targeting her individually.  The protesters picketed the clinic director at home on a regular basis, sent hate mail to her parents, and posted about her on an internet site devoted to anti-abortion violence.  This last form of targeting, along with the past murders of abortion providers, spurred the clinic director to purchase a bullet proof vest and wear it to work on a regular basis.

It was this last piece of information, about the bulletproof vest, that stunned Krysten.  Unfortunately, I had known about this but had been desensitized to the issue.  For Krysten, who was hearing it for the first time, it was shocking . . . as it should be: a person running a perfectly lawful medical health clinic feared for her life because of her profession so much that she wore a bullet proof vest to work.

A day after hearing this, Krysten wrote me an email saying that it would be interesting to research how abortion providers are targeted, not at work as part of clinic-based protest, but as individuals wherever they may be found.  Four and a half years after that email, we published this book.

When I think about the origin of the book, I think of it as the perfect (and lucky!) combination of service, teaching, and scholarship, the three things professors are responsible for.  The case work I was doing was part of the service I perform for the community; I involved students in the case because it was a way to supplement the teaching I did around constitutional law issues; and from that a new area of scholarship arose for me and my co-author, an area that I hope to continue beyond this book.

These three parts of our job certainly do not always coincide and can often all be separate from one another.  But, when they do overlap, it can be a very productive thing.

New Book: Living in the Crosshairs: The Untold Stories of Anti-Abortion Terrorism

Amidst our current national discussion about how quickly the media and politicians label one group (Muslims) terrorists but bend over backwards to avoid using the term for other groups (most particularly, white men), a particular group of homegrown terrorists have been largely overlooked - anti-abortion terrorists.

This group of extremists have killed eight abortion providers since 1993, have bombed and set fire to clinics, have stalked doctors, nurses, administrators, and their families, have picketed at providers' homes and their kids' schools, have sent death threats, and engaged in a litany of other activity to terrorize abortion providers.  These actions are not a historical remnant of the days when Operation Rescue was at its height; rather, these actions continue and are a regular part of the lives of many abortion providers around the country.

The stories of how these actions impact abortion providers and what, if anything, law can do about it form the basis for my newly released co-authored book - Living in the Crosshairs: The Untold Stories of Anti-Abortion Terrorism (Oxford University Press 2015).  In the book, Krysten Connon and I tell the stories of abortion providers in the United States as they struggle to live through being targets of anti-abortion terrorists.

Thank you to Dan for asking me to blog about the book in a series of posts.  I'll use this post to introduce the basics of the book and will use several others to highlight different aspects of the writing/publishing process for the book that should be (I hope!) of interest to other academics.

The basic idea behind the book is that many people know about the general debate around abortion and that this leads to anti-abortion folks gathering at abortion clinics to protest the clinic and try to get women entering to reconsider their decision (this is intentionally a very neutral description of what happens outside clinics).  But, what many people do not know about is the ways in which abortion providers are individually targeted, separate from clinic-based protest, because of their association with abortion.

This kind of individualized targeting is the subject of the book.  The book tells tells the stories of the people who suffer from being targeted, analyzes the ways in which they are targeted, describes how this kind of targeting impacts their lives, and looks at how law and law enforcement can do better in preventing and responding to this kind of harassment.  The book concludes by explaining why abortion providers continue in this line of work despite being individually harassed, targeted, threatened, and terrorized.

Given what many abortion providers put up with as the targets of anti-abortion terrorists, it is amazing that we have abortion providers in this country at all.  But we do, and as our book uncovers, we do because of the inspiring dedication and compassion of those in the field of abortion care.

If you want more than this short introduction, you can read some reviews of the book from The New Republic, Ms. Magazine, RH Reality Check, Truth-Out, and The New York Journal of Books; interviews with me and my co-author at Salon, Rolling Stone, or Cosmopolitan; or excerpts at Salon, Women's eNews, or Alternet.

In the coming days, I won't be writing much more about the substance of the book (at least, not directly) but instead will be posting about the process of writing, researching, publishing, and promoting the book.  In particular, I'll be posting about how this book came about as a mix of service, teaching, and scholarship; the process of tackling qualitative empirical research methodology for a newbie; how this research opened up a whole new world to me of academics mixing with practitioners in a productive way; what I've learned about promoting my work; and maybe a few other things as well.  I hope you'll find it interesting.