Cutting the Mustard
 Cutting the Mustard | |
| Author | Marjorie Heins |
|---|---|
| Original title | Cutting the Mustard: Affirmative Action and the Nature of Excellence |
| Language | English |
| Subject | Freedom of speech |
| Genre | Law |
| Published | 1987 |
| Publisher | Faber and Faber |
| Publication place | United States |
| Media type | Hardcover |
| Pages | 213 |
| ISBN | 978-0571129744 |
| OCLC | 15653313 |
| Preceded by | Strictly Ghetto Property: The Story of Los Siete de la Raza |
| Followed by | Sex, Sin, and Blasphemy: A Guide to America’s Censorship Wars |
Cutting the Mustard: Affirmative Action and the Nature of Excellence is a 1987 non-fiction book by United States lawyer and civil libertarian Marjorie Heins about freedom of speech and its relationship to affirmative action. Heins discusses the case of Nancy Richardson, Dean of Student Affairs at Boston University School of Theology, who was dropped from her position by the school administration in 1981. Heins represented Richardson in a lawsuit against Boston University, which was ultimately not successful. Cutting the Mustard recounts the case, and intersperses reflections on the lawsuit with a discussion of relevant caselaw and decisions by the Supreme Court of the United States related to affirmative action. The author criticizes the multiple contradictory court decisions among caselaw on affirmative action.
The book received a positive reception from the Harvard Law Review. It was recommended for further info on the Richardson case in the book From Midterms to Ministry, and received additional reviews in the Women's Review of Books, Women's Rights Law Reporter, and California Lawyer. A review in Library Journal by a Harvard Law School librarian criticized the book for its lack of substantive analysis of the case.
Background
Marjorie Heins is an attorney with a focus on the subject of civil liberties.[1] She received her Bachelor of Arts degree from Cornell University in 1967.[1] Heins graduated from Harvard Law School with magna cum laude distinction, receiving her juris doctor degree in 1978.[1] In 1993, Heins served as founding director and chief lawyer for the Arts Censorship Project.[2] The project was formed as a division of the American Civil Liberties Union formed in 1991 during societal conflict in the U.S. over attempts to decrease financing for the National Endowment for the Arts and to censor musicians 2 Live Crew.[3][2] In 2000, Heins became the founding director of the Free Expression Policy Project at the National Coalition Against Censorship.[4][5][6]
Prior to Cutting the Mustard, Marjorie Heins' book Strictly Ghetto Property: The Story of Los Siete de la Raza was published in 1972.[7][8] Subsequent to the publication of Cutting the Mustard, Heins wrote Sex, Sin, and Blasphemy: A Guide to America’s Censorship Wars (1993),[9][10] Not in Front of the Children: "Indecency," Censorship, and the Innocence of Youth (2001),[11][12] which received the 2002 Eli M. Oboler Award from the American Library Association;[13][14][5] and Priests of Our Democracy: The Supreme Court, Academic Freedom, and the Anti-Communist Purge in 2013,[15] which received the Hugh M. Hefner First Amendment Award.[16][17][18]
Cutting the Mustard: Affirmative Action and the Nature of Excellence was first published in 1987.[19][20]
Content summary
Cutting the Mustard recounts a case the author was involved in as a lawyer and describes how it did not result in a successful outcome for her client.[21] Dean of Student Affairs at Boston University School of Theology, Nancy Richardson, was dropped from her position by the school administration in 1981.[21][22] Heins represented Richardson, who opened a lawsuit against the school on the grounds of sexism.[21][22] Richardson argued in her suit that she was discriminated against by Boston University.[22] The author provides the reader with a discussion of the background of precedent established from prior cases on the subject, and laments how some of these court decisions in the past have contradicted each other.[21][22] In between discussion of the case itself, Heins debates decisions by the Supreme Court of the United States in the issue of affirmative action.[22]
Reception
Harvard Law Review commented: "In this timely book, the author uses her experiences in that trial to examine issues that still vex university faculties and presidents", including academic qualifications for one's position.[22] Writing in the Tennessee Law Review, Stephanie A. Levin recommended Cutting the Mustard, "For a disturbing look at how ... standards are wielded to enforce conformity in the workplace".[23] Levin cited the work in a discussion about nurturing values and aggressive values and their respective place in the work environment.[23]
Traci C. West discussed the Richardson case in a section of the book From Midterms to Ministry, and recommended for more information on the conflicts that arose at Boston University.[24] Cutting the Mustard received additional reviews in the Women's Review of Books,[25] Women's Rights Law Reporter,[26] and California Lawyer.[27]
In a review published in Library Journal the book received critical commentary from Harvard Law School librarian Susan E. Parker.[21] Parker's review concluded that the book was: "Essential for followers of the case, but others deserve more substantive discussion."[21]
See also
References
- ^ a b c "Marjorie Heins Bio". The Free Expression Policy Project. fepproject.org. 2014. Retrieved February 9, 2014.
- ^ a b Turegano, Preston (June 8, 1993). "Arts censorship foe paints Clinton, Bush with the same brush". The San Diego Union-Tribune. p. A-8.
- ^ Twardy, Chuck (May 31, 1993). "Fighting the foes of free speech - When it comes to arts censorship education is - just as important as litigation". The News & Observer. The News & Observer Pub. Co. p. C1.
- ^ Gaetano, Chris (July 9, 2004). "Analysis: FCC rekindles focus on indecency". UPI Perspectives. United Press International.
- ^ a b "Civil liberties lawyer Marjorie Heins will deliver U-M lecture on academic and intellectual freedom". State News Service. InfoTrac. October 8, 2013. Cite error: The named reference "statenews" was defined multiple times with different content (see the help page).
- ^ "Indecency fine zips lips on TV programs". The Palm Beach Post. June 13, 2006. p. 8D; Section: Business News.
- ^ Heins, Marjorie (1972). Strictly Ghetto Property: The Story of Los Siete de la Raza. Ramparts Press. ISBN 978-0878670109.
- ^ Online Computer Library Center (2014). "Strictly Ghetto Property: The Story of Los Siete de la Raza". WorldCat. OCLC 554280. Retrieved February 9, 2014.
{{cite news}}: External link in|publisher=|publisher=at position 1 (help) - ^ Heins, Marjorie (1993). Sex, Sin, and Blasphemy: A Guide to America's Censorship Wars. The New Press. ISBN 978-1565840485.
- ^ Online Computer Library Center (2014). "Sex, Sin, and Blasphemy: A Guide to America's Censorship Wars". WorldCat. OCLC 27684873. Retrieved February 9, 2014.
{{cite news}}: External link in|publisher=|publisher=at position 1 (help) - ^ Heins, Marjorie (2001). Not in Front of the Children: "Indecency", Censorship, and the Innocence of Youth. Hill & Wang. ISBN 978-0374175450.
- ^ Online Computer Library Center (2014). "Not in Front of the Children: "Indecency," Censorship, and the Innocence of Youth". WorldCat. OCLC 45080058. Retrieved February 9, 2014.
{{cite news}}: External link in|publisher=|publisher=at position 1 (help) - ^ "Winners". Eli M. Oboler Memorial Award. American Library Association. 2014. Archived from the original on October 15, 2012. Retrieved February 9, 2014.
{{cite news}}: Unknown parameter|deadurl=ignored (|url-status=suggested) (help) - ^ "The Eli M. Oboler Memorial Award". Eli M. Oboler Library. Idaho State University. 2014. Archived from the original on January 4, 2013. Retrieved February 9, 2014.
The Eli M. Oboler Memorial Award is sponsored by the Intellectual Freedom Round Table (IFRT) of the American Library Association. The biennial award ... is presented for the 'best published work in the area of intellectual freedom.'
{{cite news}}: Unknown parameter|deadurl=ignored (|url-status=suggested) (help) - ^ Online Computer Library Center (2014). "Priests of Our Democracy: The Supreme Court, Academic Freedom, and the Anti-Communist Purge". WorldCat. OCLC 794040387. Retrieved February 27, 2014.
{{cite news}}: External link in|publisher=|publisher=at position 1 (help) - ^ Business Wire (May 15, 2013). "Winners Announced for 2013 Hugh M. Hefner First Amendment Awards". The Wall Street Journal. Dow Jones & Company, Inc. Retrieved February 27, 2014.
{{cite news}}:|author=has generic name (help) - ^ "Winners and Judges of the Hugh M. Hefner First Amendment Awards". Hugh M. Hefner First Amendment Awards. HMH Foundation. 2014. Retrieved February 27, 2014.
- ^ "Marjorie Heins wins 2013 Hugh Hefner First Amendment Award!". From the Square. NYU Press. May 15, 2013. Retrieved February 27, 2013.
- ^ Minnow, Martha (November 1988). "Book review: Speaking of silence". University of Miami Law Review. 43. University of Miami: 493.
- ^ Brodin, Mark S. (1990). "Accuracy, efficiency, and accountability in the litigation process -- the case for the fact verdict". University of Cincinnati Law Review. 59. University of Cincinnati: 15.
- ^ a b c d e f Susan E. Parker, Harvard Law School Library (1988). "Book review: Cutting the Mustard". Library Journal. Reed Business Information, Inc.
- ^ a b c d e f "Recent publication: Cutting the Mustard: Affirmative Action and the Nature of Excellence. By Marjorie Heins". Harvard Law Review. 101: 1986. June 1988.
- ^ a b Levin, Stephanie A. (Spring 1992). "Women, peace, and violence: A new perspective". Tennessee Law Review. 59: 611.
- ^ West, Traci C. (2008). "Learning to Build Christian Community: Males, Whites, Heterosexuals Wanted for Leadership". In Allan Hugh Cole (ed.). From Midterms to Ministry: Practical Theologians on Pastoral Beginnings. Wm. B. Eerdmans Publishing Co. pp. 240–245. ISBN 978-0802840028.
- ^ "Cutting the Mustard". Women's Review of Books. 6 (88): 10.
{{cite journal}}: Cite has empty unknown parameter:|1=(help) - ^ "Book Review: Cutting the Mustard: Affirmative Action and the Nature of Excellence by Marjorie Heins". Women's Rights Law Reporter. 10: 61. 1989.
- ^ "Cutting the Mustard". California Lawyer. 8: 59. 1988.
Further reading
- Curtis, Michael Kent (2000). Free Speech, "The People's Darling Privilege": Struggles for Freedom of Expression in American History. Duke University Press. ISBN 0-8223-2529-2.
- Fairman, Christopher M. (2009). Fuck: Word Taboo and Protecting Our First Amendment Liberties. Sphinx Publishing. ISBN 1572487119.
- Godwin, Mike (2003). Cyber Rights: Defending Free Speech in the Digital Age. MIT Press. ISBN 0-262-57168-4.
- Lewis, Anthony (2007). Freedom for the Thought That We Hate: A Biography of the First Amendment. Basic Books. ISBN 978-0-465-03917-3.
- Kembrew McLeod; Lawrence Lessig (foreword) (2007). Freedom of Expression: Resistance and Repression in the Age of Intellectual Property. University of Minnesota Press. ISBN 0-8166-5031-4.
- Nelson, Samuel P. (2005). Beyond the First Amendment: The Politics of Free Speech and Pluralism. The Johns Hopkins University Press. ISBN 0-8018-8173-0.
