Monday, July 1, 2013

Going beyond the evidence

I’m impressed with her ability to use documents effectively.  But, occasionally, I wonder if her mission to give a voice to the voiceless leads her to go beyond the evidence.  For example, she cites as an example of racism Muller v. Oregon, which “primarily affected factory, office, and sales workers, who were likely to be white. Neither Supreme Court nor Congress extended its concern to the health of women like the domestic worker.”  They may have just considered such work of a different nature, much in the way that farm work is exempt to child labor laws but not because of racism.  Muller v. Oregon may have been prompted by racism, but it could have been something else.  She provides no evidence to prefer one possibility over the other. 


Similarly when she claims that the New York Bar Association was “worrying more about its tax status than about equal opportunity,…when…it finally admitted women,” she provides no evidence that this was the case.

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