Review and CommentWhen Did ‘Sex’Become ‘Gender’?By Ruth WalkerChristian Science <strong>Mon</strong>itorIt’s interesting how browsing the Web has come to the random-accessaspect of foraging through a newspaper.And so it was, dear reader, as I was trying to catch up on Web coverageof President Obama’s Middle East trip or some other worthy topic the otherday when I ran across “Pink or Blue, It’s All Oversharing: Trendy Parents-To-Be Hold ‘Gender Reveal’ Parties,” a commentary from Sharon Brody ofWBUR in Boston.The idea is that the prospective parents hold a party at which they findout, at the same time as their guests, whether they have a little girl or a littleboy on the way.There are variations on the theme here. But in what seems the simplestapproach, the parents instruct their ultrasound technician to communicate(by sealed envelope!) knowledge of their child’s sex not with them but witha bakery, which will then bake a cake that, under a protective coat of whiteor other non-gender-specific frosting, is either pink or blue.At the party, the parents cut the cake, and the pink or blue is visible.Ms. Brody’s piece included a video clip in which a prospective fatherslices away a corner of a cake to reveal a deep pink, and then falls, in tears,into the arms of the mother-to-be.Let’s trust the tears were of joy or relief; it’s hard to tell for sure from the video.Not everyone is convinced that the “gender reveal” party is a forwardstep for civilization.Emily Yoffe of Slate, aka “Dear Prudence,” has vented about “the amazingdevelopment of the awful gender-reveal party.” Brody herself has clearlyworked up a head of steam on this one.But there’s a language issue here, too. As Brody puts it, “[W]hile I’m in theneighborhood, the party also lives next door to Sloppy Vocabulary Lane. Becausewhat we actually are revealing here is sex. Not gender, but sex. Biologicaland physiological characteristics, not a social construct. Sorry, but someof us are picky that way even if you are too squeamish to have a Sex Party.”When did “sex” become “gender”? Even in the days when people hesitatedto speak of the “legs” of a piano, they used phrases like “the fairer sex”or “sterner sex.” Over time, though, sex came to refer to an activity, ratherthan a set of characteristics. The Online Etymology Dictionary traces thismeaning back to D.H. Lawrence, in 1929.As so often happens, a newer meaning drives an older meaning out ofcirculation. Eventually there may come a tipping point, which is then reflectedin formal or legal language.Jeffrey Toobin casts some light on this point in his recent New Yorkerprofile of Ruth Bader Ginsburg, today an associate justice of the US SupremeCourt but, earlier in her career, an important litigant for women’srights. And it seems Ms. Ginsburg’s secretary, who typed up her legal briefsfor her, deserves some credit for a shift in public discourse.Mr. Toobin quotes Ginsburg: “I was doing all these sex-discriminationcases, and my secretary said, ‘I look at these pages and all I see is sex, sex,sex. The judges are men, and when they read that they’re not going to bethinking about what you want them to think about.’ “From that point on, Toobin writes, Ginsburg changed her claim to “genderdiscrimination.”Is published daily except Saturdays, Sundays andFederal Holidays by Everything <strong>Brooklyn</strong> Media, LLC(USPS 971380), located at 16 Court Street, Suite 12<strong>08</strong>,<strong>Brooklyn</strong>, NY 11241. Subscription price is $130 per year,$65 for six months. Periodicals Postage paid at<strong>Brooklyn</strong>, NY. (POSTMASTER: Send address changesto <strong>Brooklyn</strong> <strong>Daily</strong> <strong>Eagle</strong>, Circulation Office, 16 CourtStreet, Suite 12<strong>08</strong>, <strong>Brooklyn</strong>, NY 11241. Telephone:718-643-9099, ext. 103 FAX: 718-858-3291.4 • <strong>Brooklyn</strong> <strong>Daily</strong> <strong>Eagle</strong> • <strong>April</strong> 8, <strong>2013</strong>
Kings Inn Panel To Peruse ‘Pumpkin Papers’ Potential for PerjuryKings Columbians Heading to Atlantic CityWhile many Kings County Bargroups have held winter seminarsat popular Atlantic City sites, no onearound here has opted to take advantageof A.C.’s beautiful boardwalkbeach area until now: PBB haslearned that the Kings County Columbians,led by President Bruno Codispoti,will be taking a “spring break” inthe form of a big, five-CLE credit seminarstarting Thursday, <strong>April</strong> 18 andrunning through Saturday, <strong>April</strong> 20, atthe Hon. fabled Carl Trump Landicino Plaza.A stellar slate of speakers willperform made up of Hon. ThomasAliotta,n keeping with the season — butreachingassociatejust a littlejustice,bit backAppel-U.S. Term; history Justice — Bruce the Nathan Balter; Sobel Hon.intoIlateKings Ariel County Belen, American former associate Inn of Court Justicepresent Appellate a provocative Division; session Paul Krin-onwillNov. sky and 27 Justice entitled Ellen “Pumpkins, Spodek, Panic whoand is also Perjury: president-elect The Trials of the of Alger KingsHiss.” County American Inns of Court.Veteran barristers will recall thatHiss was a target of many Red-baitingcampaigns that rocked the nationin the 1950s and 1960s. They willalso remember that Richard M.Nixon won his first congressionalrace by painting opponent HelenGahagan Douglas as a “tool ofCommunist Russia” and other names(ComSymp, Fellow Traveler) thattoday would seem ridiculous.Nixon and Sen. Joe McCarthyfinally had their way with Hiss andothers through the House Un-American Activities Committee,which scared this country into enteringthe Vietnam War and much more.Democratic Presidents John F.Kennedy, and Lyndon Johnsonafter him, were every bit as warlikeagainst “Communist domination,”picking up where McCarthy left off.Hon. Marsha Steinhardt(HistoricHon. Brucenote:Balter,Nixon,J.S.C.Ike’s vicepresident, never did win the endorsementof President Dwight D.Eisenhower The water who, may appropriately,not be warmnever enough trusted for casual him swimmers and famously in latewarned <strong>April</strong>. But the it’s U.S. not to impossible avoid at all that costs energeticland war Columbians in Asia!) like Greg Cer-achione, Irregardless, Larry DiGiovanna as we like to and say Ross in<strong>Brooklyn</strong>, D’Apice will the form Inn Panel, their own led by ColumbiansPolar Cohen Bear Aronin, Club and past take presi-an in-Hon.GloriadentspiringRosarioplungeMarquisor two intoD’Apicethe chillyandVictoria Wickman (one of the Inn’sAtlantic across from Trump Plaza.most gifted thespians), will use thePumpkin Perhaps Papers the incident hardy lawyers to highlight willtheir be joined presentation by some which of the offers other two Columbiancredits officers in who “Ethics are 1 st and Vice Trial Pres.CLEPractice.” Robert J. Musso, 2nd Vice Pres. BartholomewInn Administrator Russo, 3rd Vice Pres. Marie RoseLattanzi Ann C. Branda, advises Treasurer that there Mark will be Longo,Corr. Secretary repast provided Dean Delianites, for mem-awholesomebers Rec. starting Secretary at Linda 5:30 p.m. Locasio that and day HistorianAldo Alleva.atBBA headquarters, 123 Remsen St.The executive director is JeffFeldman.Members who wish to take partare The advised Inn is to lead make this hotel year by reservationsMarc by calling Dittenhoefer, (800) 677 7378 the trial andpresidentlawyer should with also contact a slate the that Association includesPresident-elect at (718) 875-1058. Justice EllenSpodek, Counselor David Chidekel.Treasurer Schumer, Justice Bloomberg Arthur M. Schack Backand Our Judge `Verrazano Miriam Cyrulnik, Lifeway’ secretary.WeThegotimmediatean e-mailpastfrompresidenta relativeisRosario Marquis D’Apice.newcomerThe Inn istogovernedBay Ridgeby awhocommitteeus the of Inn Brownstoner Masters: blog Hon. is Gloria push-toldCohen ing to Aronin, have a pedestrian Appellate Division bikewayJustice built across Cheryl the Chambers, Verrazano Narrows JusticeSylvia Bridge. Hinds-Radix, Welcome to the former Verrazano chiefadministrative Lifeway (c) efforts. judge for CivilMatters The concept (now on may her be way new to to our theAppellate bike-pedaling Division); friends Justice in northwest BarryKamins,<strong>Brooklyn</strong>,chiefbutA.J.it’s beenfor criminalbroilingmatters;Justice Carl Landicino, U.S.fortwo decades in neighborhoods directlyJoanne accessible Quinones, to the bridge, and barris-evenDistrict Judge William Kuntz II,Judgeters over Paul in Staten Weitz, Island. Mark Longo,Victoria Those Wickman, who live out Steve in Bay Goolnick, Ridge --Steven at the foot Finkelstein, of the majestic Lawrence single-spanDiGiovanna suspension bridge and Jon -- have Besunder. been workingThe on Kings this worth Inn chapter while was effort foundedmany by four years. justices: (In fact, this Justice writer Marsha chairsforSteinhardt, the Lifeway Committee.) Hon. Our Gerard LifewayRosenberg, Ret., Hon. Abrahamcampaign has gathered over 10,000signatures as well as the strong supportof Sen. Chuck Schumer, MayorMike Bloomberg, Sen. Marty Golden,Assemblymen Peter Abbate and AlecBrook-Krasny and Councilman VinnieGentile. Scores of more notablesare also on board.What many don’t know (just askDave Lutz of East Coast Greenway,another Lifeway pioneer) is thatthe Verrazano was designed to holdthese bike-walk-whatever ways. It’sgot the space and strength to holdtwo 20-by-20 enclosed lanes on eitherside between levels.We have loads of material on thehealthful and commercial benefitsa Lifeway would Hon. bring. Ellen Thousands Spodekcould commute daily by bike andeven walking! The views are spectacular,every bit as stunning as those fromGerges, Ret. and former JusticeEdward Rappaport, now knownfondlythe Goldenas presidentGate in Sanemeritus.Francisco.The Lifeway has also beenchampioned by the powerful TransportationBay Ridge Alternatives Lawyers bicycling Set lobby.The Holiday T.A. spokeswomen Party, Dec. have Popular 19been The known Bay to strike Ridge fear Lawyers into theAssociation, headed this year byPresident Pasqualino Russo, willpresent their always well-attendedholiday party on Dec. 19 at the elegantDyker Beach Golf CourseReception Hall.Leading the way as usual thisyear is past BRLA President RayFerrier, who has served honorablyas the association’s judiciary chair.“It’s going to be a great night!” saidthe veteran trial lawyer, who added,“This is an opportunity for membersof the bench and bar to get togetherin the holiday spirit.”The most active and successfulneighborhood bar association in thecity, the BRLA was the first legalorganization in <strong>Brooklyn</strong> to institutea Continuing Legal Education program,established through the effortsof John Bonina, Jr. and ThomasTafuri. Former Appellate Justice Ariel BelenThe association is to hear fromJustice Jeffrey Sunshine Nov. 28 aspart of its continuing CLE endeavoron the timely topic: “No FaultDivorce. Temporary MaintenanceGuidelines and Matrimonial Update2012.”Other officers are Vice PresidentJoann <strong>Mon</strong>aco, Secretary Lisa M.Becker, Treasurer Grace M.Borrino, Corr. Secretary (and publicityco-chair) Stephen Spinelli.The immediate past president isHelen Z. Gallette.Far Right Now in FearOf ‘Liberal’ Supreme Court?Maybe it’s because Fox Newsbelieved its own slanted coverage aswell as the misleading data producedby GOP-biased pollsters (forinstance, Gallup, which had MittRomney beating President Obamaby four to five ‘points’). Or, perhapsit’sLarrybeenDiGiovanna,so flummoxedEsq.ever sinceelection night that people out thereon hearts the far of right City have Council yet to members meaningfullywhenever react to these future officials dared the U.S. toSupreme question Court the critical if the need president for more getsto and select more one bicycle or more lanes. members of thathighest By bench. returning to the Lifewayinitiative, Except for T.A. an would occasional no longer outburst befromknownBillexclusivelyO’Reillyas groupordedicatedsolelyRushLimbaugh, the Murdoch conglomeratehas yettototurningforetellour—streetsominouslyintoas one its complex wont — what mass will of bike happen lanes. to theU.S. Supreme Court now that thisDemocratic At Last chief Moment, executive Moses has fourmore Cancels years to Verrazano name new justices Lifeway whocould A move vital historical the top court note-- from just center aboutright a year to before center its or completion, even center left. back in1962 Most or 1963, of Fox builder airtime Robert thus far Moses hasgoneannouncedto a continuouslythat he wasenragedcancelingSen.John McCain, whose soaring hostilityagainst U.N. Ambassador Susanthe bike-walkways -- even thoughRice they — were over written her reading into of the unclassifiedbecause yet he misleading was afraid material they would on the at-plans --Benghazi tract many murders people — intent is sad on to suicide. see.Even Moses with was Fox wrong. their Not side only 24/7, havethe untold far right thousands may ultimately been denied be confrontedof the bridge, with a those Supreme intent Court on doing moreuseso have still found a way to jump offthe Verrazano to meet sudden deathin the Narrows 295 feet below.Now that a cycling culture hastaken control of much of <strong>Brooklyn</strong>Ginsbergian — and hundreds than Robertsonian!of streets throughoutIt’s the conceivable city -- it won’t that be President long beforethose could ambitious be the first folk to replace began or toPro BonoObamaname seek to a pedal majority all the of way Supreme from Court Stevejustices Cohn’s Seneca since the Democratic untroubled Club eightyearterm of Republican PresidentBarristertothe Shore Road Promenade on 69thDwight Eisenhower (who also ominouslySt. andwarnedhead fromus ofthetherampsgrowthleadingmilitary-industrialup to the Verrazano complex Lifeway. that now By Charles F. Otey, Esq.rules One much person of Washington.)southwest <strong>Brooklyn</strong>While pushing Justice such Ginsberg a concept is is 79 Communityill health Board and Traffic Justice and Breyer Transpor-is 74, Working Two–Year with ‘Law a hard School’ corps of ded-government’s According role to a and NYLJ the article, hurricane. theandincourt tation observers Chair Brian note Keirnan that (a Justice court icated Gets right-thinking A Cold Greeting workers such as top “To jurist his “stopped great credit, short of Governor formallyScalia, attorney the at strict 360 Adams Constitutional St.) Another constructionist,long-time Lifeway is 76, and supporter so is the right-Chairs Long and Kassar have maintlebit of humble pie and has reachedlocalFewleadercontroversiesFran VellahaveMarrone,stirredChristieendorsinghas beenthe ideawilling“ whento eatitawaslit-is attorney.as much comment as did the reportof American Bar Association, ucators who had gathered at Newconsidered by a group of legal edleaningbutRobert“swing”Howe,Justicea BayKennedy. tained a strong conservative political out to Obama, despite his fellowRidgeIt’s become a grim waiting game. wing of the state party by patiently Republicans distaste of federal governmentUniversity intervention. School But of Law. to safe-civicPresidentand businessObamaleader.has already reaching which contained out to like-minded a proposal voters. to cut Yorknamed two liberals — Justices Simcha law school Felder from knows three this, to two has years. dealt guard “I don’t his health, think there governor is anyone should onKaganAandPositiveSotomayorLegacy—forand the with Everyone all of them we as neighbors talked with and personallycommunity had an organizers opinion. On over Face-the who pie. would say, ‘This is crazy’” the ju-fellowa stop law eating school all faculty other or types on of the (edible) benchactuarial Comm. tables seem Sadik to Khan indicate thathe could In addition do the to same the should obvious either benefits,this or Kennedy would be leave an the opportuni-bench. right vy, Andrea thing for Bonina his senatorial and A. Decresa district dred. Sincerely, “[This] proposal challenges allyears book, and we learned believes from he was Steve doing Harka-the rist “Thanks told the again assemblage for a great of one article. hun-Scaliaty for the brownstoners to make abyGayle,goingwhooverseriouslyto thequestionedAlbanyof usMartininvolvedFeuerman,in legal education to,Republicans.<strong>Brooklyn</strong> HeightsCitizens United Is Now Another guy who has to beA Billionaire’s Club pleased with Felder’s decision is R- The full text of the FeuermanWhile an identifiable bloc of C. Sen. Marty Golden who easily message can be viewed by goingwoman voters sided with President won re-election over Democrat Nick online to brooklyneagle.com and, ifObama to prevent the possible overrulingof Roe v. Wade, election-most influential Republicans in mands!Gounardes. Golden is one of the you’re lucky, clicking the right comsavvyDemocrats and moderate Albany. He’s been quiet on theRepublicans know that the only way Felder switch, and though he’s notto stop the pouring of billions of dollarsinto political campaigns is to do chance his party will lure enough Build an Election Treasurytalking about strategy there’s a good Helping Candidate Thompsonaway with the infamous Citizens Democrats to their side to win controlof the upper chamber.just talking or writing politics — he’sBy the way, Barrister Hill isn’tUnited (read Billionaires United)case.In closing, a query for political taking an active role in next year’sSome expected a chastised buffs: how many votes did Felder mayoralty race supporting formerRepublican Congress to become and the Romney-Ryan team win on Comptroller William Thompson,more malleable and cooperative with the Conservative lines in his senatorialdistrict? How many Democratic ing up with partner Jim Ross and for-Jr. The Court Street attorney is team-Democrats, especially on the ‘fiscalcliff’ issue. But they are working out votes did Felder receive? Maybe our mer Appellate Division Presidingtheir grief by using our U.N. ambassadoras a punching bag.Room 8 can tell us.hold a fund-raiser on Thursday, Dec.astute online colleague Gatemouth in Justice William C. Thompson, Sr. toThis brutal behavior may be initiallytherapeutic but ultimately itGastrobar at 253 Fifth Ave. in13, 6 p.m. to 8 p.m. at the Lulu & MeHon. Ellen Spodek, J.S.C.Andrea Bonina, Esq.Steve Cohn, Esq.will hurt them even more with Pro Bono Reader Liked Manhattan.women and minorities.Comments by Barrister Hill The senior Thompson — knownwhatever the length of law school,Pro Bono Note: Last week attorneyArthur Hill contributed to Proto his intimates as “Willy” — haslook earned at how his living we can legend do better.” status withDem. Felder ‘Joins’ GOP Bono a true welcoming letter to reelectedPresident Barack Obama. the uncanny soaring ability law to school get people debt to and bend ahis Judge prowess Lippman on the acknowledgedbench and hisIn The Albany SenateDemocrats may rule — sort of — Shortly after that edition of the “lousy to his job will market” when he’s have espousing brought legalgood education causes, for to a instance, crossroads. JALBCAain Washington, but here in New York, <strong>Brooklyn</strong> <strong>Eagle</strong> hit the streets heit seems Republicans can win even received the following missive from —Judges and Lawyers Breast Cancerwhen they apparently lose. Case in a Heights resident:Alert. Bok Opposes Estreicherpoint is the decision by formerJudge On Two-Year “Willy” has Proposal been a primeDemocratic Councilman Simcha “Dear Mr. Hill:mover with JALBCA which hasStanding with tradition – andFelder to go over to the Republican “I would just like to send you this raised hundreds of thousands of dollarssponsoring free screenings formost would argue, common sensecaucus in Albany.note commending you on your articleA few years back, a couple of in the November 19th issue of the – women former in Harvard need. (This Law School year, Kings PresidentJustice Derek Ellen Bok Spodek took sharp is serving issue with assleazy Democratic senators “sold <strong>Brooklyn</strong> <strong>Daily</strong> <strong>Eagle</strong>.out” to the Republicans in a GOP ‘“You stated in the article that NYU’s JALBCA Estreicher: co-president). “I saw Prof. SamuelSenate takeover, but ended up having `President Obama’s re-election Estreicher, As to the who former teaches comptroller employment he’lltrouble with the law. But Simcha means that a majority of Americans law need and lots appellate of money advocacy at the Arthur here HillledsoireeatFelder is anything but a sleaze — believe that government can play a NYU, defendon Dec.his positions13. His opponentsthat studentsshould be allowed to sit for thehe’s bright, determined, a political meaningful role in helping people.’ — Comptroller John Liu and Councilsavant, a protege and a longtime ally “You then gave an example of Speaker Christine Quinn — are gettingplenty of media exposure throughbar after two years of law school andof powerful Assemblyman Dov this by referring to the federal government’sresponse to Hurricane their official appearances.to have the option of walking with aHikind.This all comes as no surprise. Sandy. As you mentioned, the certificate, Polls seem rather to than give a Ms. J.D.” Quinn theFelder Mark Longo, supported Esq. the national GOP Republicans Bruno Codispoti, have Esq. said in the past that edge Dean in the Bok <strong>2013</strong> added Democratic that “Despite primary,few moments but most of observers tension, see the dia-thisagenuine contribution to and for the the concept championed by NYU logue edge as was a function engaged, largely thoughtful of day-todayvisibility persuasive opposed arguments to her were elec-andentire borough. We’re sure they’re Law Prof. Samuel Estreicher. In fact, tactful;a lot more civic-minded than is revealedby the characters in the excel-lawyer who wanted to reduce this After this politic prologue, Deanit was hard to find any practicing laidtability.out on both sides.”Others serving on the Lulu & MeCommittee are Warren Diamond,lent Williamsburg-based “Girls,” the valued tradition by one-third. “It Bok, Marc noting Aronson, the 2L proposition Joseph Owen, “hadtimely, tell-all, show-it-all television would be the beginning of the end some William merit,” Ross came and Joseph out strongly Porcelli. inseries starring Sloper Lena Dunham. of law as a profession,” said one veteranattorney.limited call Denise law Felipe school at (718)-855 would “lessen 2324favor Those of interested the status in quo attending because should a de-And, as she nears her final yearof service, Transportation Commissioner“Those of us who spent three the or e-mail quality rossandhill.@aol.com.of legal work performedJanette Sadek-Khan could be-years [four for night students] in by new graduates.”gin to fashion a more positive legacylaw school were always busy and “As a 2L, I know I’m not yet pre-for herself than the controversial overloaded with real legal work beparedPRO to handle BONO the BARRISTER pressures of is real aState Sen. Marty Golden Simcha Felder Arthur Hill, Esq.bike-lane onslaught that has caused cause we had to take a full-term real clients’ weekly issues column ... I’m dedicated not sure to that tellingticket confusion and and urged in his places thousands like Park of such bar exam!” a role was exclaimed in the province a woman of barrister.“Notthe six about months the good (after that the lawyers 2L and do. Bar) SendIdedicatedSlope Williamsburg.Senate backersOurtoadvicevote fortostates and notonlythewouldfederalProfgovernment.writer care of this newspaper or toyour comments or suggestions to thisEstreicher’shambone two-year idea detation,as contemplated in the ABA’scould provide ‘competent’ represen-him on the Conservative line all theher: Put those thousands of bikersway up to and including Mitt “I try to read four papers every COTEYESQ@aol.com.Romney on their and own Paul path, Ryan. Commission-Democrats day value [Post, our <strong>Daily</strong> credentials News, Newsday – everyone and Model ________________________Rules.”weren’t Sadik happy Khan, with and let his it switch. run all But, the The would Times]. be googling I have read to see a tremendous if our opponentsof or material colleagues about were the 3L hurri-or if” representation suggesting on a total a Pro restructuringBono PublicoNotice: Dean Bok Readers added a seeking novel “what legalrest way across assured, the State Verrazano Conservative Lifeway amountChair to Staten Mike Island!!! Long and Kings cane 2L,” she these said. past few weeks, and to my of basis legal should education. not contact The 2L’ers this columnist.wouldRather, a “mandatory they should two seek years out the ofConservative At the same Chair time, Gerry thousands Kassar, knowledge, “The 2Ls you might were just the first be treated [or if I undergoboth of walkers, <strong>Brooklyn</strong>ites, joggers, folks appreciate in wheelchair,to could their elective enjoy the ballot safer line. lanes this Drawing connection a lot between of interest the federal and ates, Lawyers whether Project in at firms, 718 -624-3894. non-profit,his am as second-class wrong, one lawyers,” of the first] she to hinted. make paid <strong>Brooklyn</strong> ‘clinical Bar residency’ Association for Volunteer gradu-boostdaily. The Lifeway is clearly a winwinventure. Now we await the the revelation that Chief Judge <strong>Brooklyn</strong> Jon <strong>Daily</strong> duced <strong>Eagle</strong> rate). November This would, 26, I think, 2012 be • 5asome surprise in the profession is government, or elsewhere, at a reposemutterings of the No-nos., who op-nearly every new idea, e.g. thewheel.Lippman appears to be seriouslyconsidering the pros and cons ofthe two-year proposal.more prudent solution–without theconsequence of lowering the public’sconfidence in our profession.”<strong>April</strong> 8, <strong>2013</strong> • <strong>Brooklyn</strong> <strong>Daily</strong> <strong>Eagle</strong> • 5