Negotiation Will Not Fix Sexism

Let’s start with the obvious — it pains me to realize that negotiation can’t fix everything.  As someone who loves to teach negotiation — and has long believed in the power of positive asking — I also need to recognize when individual action will not — and cannot — fix the ingrained biases and structural sexism that exists in the workplace.  A slew of recent studies back up this point in variety of ways that also point to a more nuanced understanding of what does need to be fixed.

To give a little history — many read Lean In and/or Women Don’t Ask and took these books as a call to focus on women’s deficiencies in negotiation.   This was despite that the fact that I and others had found no differences in perceived assertiveness among lawyers or other leaders.  (More from me in TEDx talk version here and research article here.)

Caveat — this is not to deny that differences in levels of assertiveness are found among young women in competitive, one-shot negotiations with limited knowledge, nor to discount the fact that failure to negotiate a higher starting salary leads to less money down the road.  It IS to say that these younger, less confident women should not be the template for advice to mature women in the workplace.  Numerous workplace studies have since confirmed that women and men ask for raises and promotions at the same rate — the problem is who receives them.

Moreover, study after study in Harvard Business Review have now shown that women are perceived as better leaders by their peers in 360 degree reviews — scoring higher than men on 17 of 19 measures before the pandemic and — in the face of a crisis — outperforming men even more.

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Battle over Venue Defines First Phase of Litigation on Wisconsin Redistricting 

This blog post continues the focus of the Law School’s Lubar Center on redistricting.

In the litigation over Wisconsin legislative and congressional redistricting, both sides say they’re not on a venue-shopping spree.

But however it’s characterized, virtually all of the legal action to date has been directed toward deciding which court will hear the case—and perhaps ultimately draw the maps for Wisconsin’s Assembly, state Senate and U.S. House districts—and when.

Officially, the job of redrawing those lines after each decennial census belongs to the Legislature, subject to veto by the governor. But both sides—and even a federal judge—have cast doubt on the chances that Republican legislative leaders and Democratic Gov. Tony Evers will agree on maps. Both sides argue that their preferred courts must be ready to step in swiftly if the legislative process breaks down.

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Gerrymandering, geography, and competitiveness

This blog post continues the focus of the Law School’s Lubar Center on redistricting.

Many discussions of “gerrymandering” are hampered by an often unacknowledged tension between competing goals. Gerrymandering is classically defined as weirdly-drawn districts manipulated from some ideal (or “natural”) form so as to benefit a particular party or politician. In practice, people see evidence of gerrymandering when one party consistently wins a share of legislative districts in excess of its proportion of the overall vote.

Proponents of “fair maps” may be motivated by concern over a partisan imbalance, but they typically define “fairness” with regard to the first definition of gerrymandering. A fair map is one drawn without regard to political advantage. Instead, districts should follow the boundaries of existing communities where possible.

There’s the rub. Imagine if Wisconsin’s Constitution called for our decennial redistricting to be carried out by an alien species of mapmaking specialists who are unaware of the existence of Democrats or Republicans but are nonetheless imbued with a passion for compactness, contiguity, and the preservation of municipal boundaries. These extraterrestrial cartographers could provide us with thousands of maps to choose from, but probably every last one of them would still give Republicans a legislative majority when the statewide vote was a tie. The reason, as we shall see, is where partisans live and how they cluster together.

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