Law School Blog
Day 3 International Association of Law and Mental Health Conference Report
Thursday, June 28, 2007
Today I enjoyed a workshop concerning various mental health aspects of Alternative Dispute Resolution. One of the most fascinating was presented by a group of scholars from Yale who were inspired by Kenji Yoshino's important book, Covering: The Hidden Assault on Our Civil Rights, to explore how inclined gay men were to use institutionalized ADR mechanisms to resolve workplace concerns. One of the principles of Yoshino's work is that "invisible minorities" such as gay men and lesbian women may opt to not disclose their identities in order to protect themselves from discrimination. Yoshino argues that there is a hidden but real psychological cost for those who, often for totally rational reasons, opt to use this self protective strategy. These social science researchers looked at whether there was a difference between straight men and those gay men who were: 1) completely out in all spheres of their lives; 2) only out to chosen friends and family; and 3) those who were not out at all. The study looked at how these individuals compartmentalized various aspects of their identity, not just their sexuality, at home versus work, their stress levels in both places, and whether they were more or less inclined to take advantage of ADR workplace remedies offered to resolve conflicts. This issue is important, the social scientists urge, because it tests the true reach and impact of ADR at the threshold, i.e. at the point where participants might even elect to use it. Any guesses as to results...? The results to follow!
I took a tour of the Courtyard Antiqua at the University of Padova, or the Bo, and saw the Great Hall, Galileo's desk, and most fascinating of all... the first anatomical theater in the world. At the time of its construction, the church forbade the dissection of human bodies, but the city of Padova protected the researchers from the church. Still, a trapdoor was installed that enabled the professors to dump the body to the river below and replace it with an animal cadaver in the event of a raid by the church inquisitors. The Bo is a testament to the importance of academic freedom.
It is also graduation time here at the Bo. And this means that the graduates are toasted loudly and wildly by their friends in the streets. It is a tradition that feels like a series of mini Mardi Gras, where the graduates are often outrageously and scantily clad, placed on platforms, squirted with silly string and champagne and rousing cheers are heard everywhere. Eventually they wear a wreath of olive branches.
- Professor Lisa Kelly