Gender-Neutral Pronoun on the Rise?

In English, there are three main singular pronouns: he, she, and it. When we’re talking or writing about people, we eschew it; after all, it suggests a non-human subject. This leaves us with he or she, which often are easy to use. We use he for male subjects and she for female subjects.

This is all easy enough, but there are two times when neither he nor she seems the right word choice. The first is where the gender of the subject does not matter. This situation comes up frequently in legal writing. In explaining a rule of law, we often need to include a pronoun. For example, For a plaintiff to maintain a cause of action for intentional infliction of emotional distress, he must prove the defendant’s conduct is extreme and outrageous. In that sentence, we want a singular pronoun to “match” our singular subject noun of “plaintiff.”

Writers are conscious of which pronoun to choose. Many are afraid if they pick the male pronoun—he­—they will be perceived as sexist. One easy fix to avoid picking a pronoun at all is to make the subject “plaintiff” plural so that we can use the plural pronoun “they” (e.g., For plaintiffs to maintain a cause of action for intentional infliction of emotional distress, they must prove the defendant’s conduct is extreme and outrageous.). But sometimes that doesn’t work well or we’d rather keep the subject singular. What to do then?

Continue ReadingGender-Neutral Pronoun on the Rise?

Welcome to Our September Guest Bloggers

daumier_footnotes__jpg_600x713_q85Welcome to our September guest bloggers!  Every month, the Faculty Blog welcomes one student and one alumnus as guest bloggers who provide our readers with additional perspectives on law, policy and legal education.

In September we are joined by current Marquette University Law student Christopher Guthrie.  Christopher teaches Special Education in the Glendale-River Hills School District and holds degrees from the University of Wisconsin-Milwaukee and the University of Wisconsin-Madison.  He is obtaining his law degree part-time, and expects to graduate in 2017.

We are also joined this month by Marquette University Law School alumnus Michelle Velasquez, class of 2010.  Michelle has worked as a staff attorney for Centro Legal por los Derechos Humanos, Inc. and since 2012 she has been an Assistant State Public Defender, in the Appellate Division.

Look for their blog posts this month.

Continue ReadingWelcome to Our September Guest Bloggers

Narrative and Social Control

copslogoIn recent decades, awareness of narrative and of stories in general has increased in many fields and academic disciplines, law included.  However, it is nevertheless surprising to see that even law enforcement specialists in the Justice Department have developed an appreciation of the workings and importance of narrative.

This heightened sensitivity surfaced in the recent Justice Department report on police conduct in Ferguson, Missouri following the shooting of Michael Brown.  Issued by the Department’s “Community Oriented Policing Services” office, the report outlines no fewer than 113 lessons that police in Missouri and elsewhere might learn from developments during the seventeen days following Brown’s death and funeral.

Much of the report is predictable.  It criticizes such police tactics as the use of dogs, tear gas, and so-called “overwatching.”  With the latter, police use rifle sights to survey a crowd from positions on top of police vehicles.  Overall, the report warns that “militarization” of a volatile situation will probably make things worse.

Toward the end of the report, its authors turn to what they label “lost narrative.”  In their opinion, Missouri law enforcement was too slow to provide information about the shooting of Brown and thereby created an opening for alternative representations of the incident.  Supporters of Brown and his family seized the opportunity and offered an alternative narrative, one conveyed largely but not completely through the social media and one stressing that “Black Lives Matter.”

Continue ReadingNarrative and Social Control