Pennsylvania lawsuit cool pennsylvania law school. It is my pleasure to introduce Justice Ruth Bader ginsburg. We are proud to partner with the National Constitution center tonight. Amy gottman will introduce Justice Ginsburg along with ceo jeff rosen in a moment, but first i want to introduce a bit of history of the roberts lecture. The lecture is named for supreme in g. Ustice and dean oh roberts. Wording of the original agreement about the lecture it says the lecture is to be delivered by a nationally prominent person in either public or academic life who might be expected to make a significant contribution in legal thought. I think we have met and exceeded and blown out of the water that standard tonight with Justice Ginsburg and we celebrate her toy five years on the Supreme Court as well as groundbreaking contributions to american judas lower court judge before she joined the court. Justice roberts himself, was a graduate of penn law. He went on to a tremendous career. He served as justice on the Supreme Court from 1930 until 1945, he then left the Supreme Court to become a dean of penn law. [laughter] dont get any ideas. [laughter] we honor his memory and legacy and there is no greater way to honor it then by Justice Ruth Bader ginsburg tonight. It is now my pleasure tonight to introduce penns president. Her academic background as a moral and political philosopher is reflected in her commitment at penn to increasing diversity. She has won National Recognition for her achievements. Under her leadership, the university has become the leader in diversifying students. She is a member of the Global UniversityLeaders Forum and was a Founding Member of the global colloquium of University President s which advises the uns secretarygeneral on issues. At penn and throughout the country, she has been a champion of free and open debate and Civil Society and has built a elcoming and inclusive welcoming university environment. We are proud to call her our president here at penn. Amy. [applause] thank you ted, and it is wonderful to welcome so many friends of the National Constitution center, of the university of pennsylvania, of penn law, and of notorious r. B. G. Being a judicial rockstar is not an oxymoron. It is one of the most Important Services to our society that i for one can imagine. I know i speak for everybody here tonight when i say how absolutely thrilled we are to welcome the associate Justice Ruth Bader ginsburg. I consider a personal privilege to introduce someone i, above all admire and with whom i also feel a deep kinship. 10 years ago, we both appeared with my privilege, it was her service, to appear together in a documentary, a pbs documentary entitled the jewishamerican. I appeared once, she was the most powerful voice throughout his documentary. I will never forget the version f her life story that she told very vividly in a riddle that comes in many versions. Here is her version of the riddle. What is the difference between a bookkeeper in new yorks Garment District and a Supreme Court justice . One generation. That is a quintessentially american story. A story of the American Dream that her life is dedicated to keeping alive. His is the story of a woman, who by grit and determination, by brains encourage, by compassion and a fiery commitment to liberty and justice for all, rose from unadorned beginnings to become one of the most respected and, yes, one of the most beloved justices of our time. This is the story of our very special guest, associate Justice Ruth Bader ginsburg. Over the course of the past 25 years, Ruth Bader Ginsburg has won renown for her brilliance and Steadfast Service on the Supreme Court of the u. S. And in her service to the u. S. Onstitution. The u. S. Constitution that unites our nation, and some would say, defines our nation. Named to the Supreme Court by president clinton in 1993, Ruth Bader Ginsburg has this thing was herself as a brilliant justice, a passionate advocate for justice and equality before the law, and an astute consensus builder within the court. She has lived the life of a pioneer. As a young woman, she left latbush, brooklyn. She left to attend college at cornell where she graduated at the top of her class, of course. She was among just nine women to Enter Harvard Law School at a time when the dean asked how can to justify taking a spot from a qualified man . Far from dissuading her, such challenge is to basic equity galvanized a steely resolve. She went on to become the first tenured woman faculty member at columbia law school. This is not the first time associate Justice Ginsburg has graced philadelphia with her presence. In 2007, we had the privilege of the university of pennsylvania to bestow upon her our highest honor, and arbitrary degree, doctor of law. We did this in the ignition of the great contributions she has made to making our country ever more just, equitable, and true to the highest ideals of the u. S. Constitution. Among a lifetime of pioneering efforts in pursuit of justice, Ruth Bader Ginsburg became a founder of the American Civil Liberties union womens rights projects arguing six cases before the Supreme Court, winning five of them, and amazing batting average for anyone, a lifetime amazing ecord. She also coauthored the First Law School casebook on sex discrimination. Associate Justice Ginsburg is wildly unjustly heralded as our nations preeminent juress of gender law and equity. By her relentless work and formidable public intellect, she has advanced of the legal status of women and the cause of justice for women and men, for girls and boys everywhere. We are simply thrilled to have her here with us this evening. Thank you so much, associate ustice ginsburg, our notorious r. B. G. Thank you. [applause] i also have a true pleasure of welcoming to the stage with Justice Ginsburg a champion of our constitution, a civic leader here in philadelphia and a dear friend, Jeffrey Rosen. [applause] a professor of law at George Washington university, a noted commentator on legal affairs, and the author of six books. Since two thousand 13, jeffrey has served as the president and ceo of the National Constitution center. Jeffrey has brought energy, excitement, and above all vision to the important work of the National Constitution center. He is a true civic leader, we are grateful for his leadership of this truly unique institution. Truth in advertising, this evenings roberts lecture will not be a lecture at all, but rather a candid conversation between two mines who are steeped in the history and values and challenges of american constitutional law. I know we are in for a fascinating evening. I know there has never been a more important time to have this conversation. Please join me ladies and gentlemen and welcoming Jeffrey Rosen and the honorable Ruth Bader Ginsburg. [applause] Justice Ginsburg please everyone be seated. Rosen Justice Ginsburg it is such an honor and pleasure to welcome you back to the National Constitution center. The last time i saw you was on october 20 when you did me and my wife lauren the great honor of marrying us. Thank you for that wonderful experience. [applause] since then, as president gutman said, you have indeed been a judicial rockstar with Standing Ovations and thrilled audiences. Your travels even took you to sundance where you saw a documentary of yourself. How is your documentary . Justice ginsburg in my opinion, they have done a fantastic job. They did a series for pbs some will years ago called the makers. It was about the Womens Movement in the 1970s. It was done so well, that i was persuaded to say yes to their proposal. Rosen our task tonight, and as amy said it is unimportant time to have this conversation, is to take stock of the progress of gender equality from a tiny began to your time on the Supreme Court, to this remarkable moment we are in now. Because you have been asked about it every place you have gone over the past couple of weeks, i need to begin and i want to have everyone is eager for your thoughts, what are your thoughts on the Metoo Movement and its lasting on the Womens Movement. Justice ginsburg it was a question i was asked this afternoon at the university of pennsylvania law school. What i wanted to convey there was that Sexual Harassment of women has gone on forever, but it did not get headlines until a woman named Catherine Mckinnon wrote a book called Sexual Harassment in the workplace. That was the thought of litigation under title vii. A few cases came to the Supreme Court and they all came out right. But still, women were esitant. I think one of the principal reasons was because they feared that they would not be believed. The number of women who have come forward as a result of the Metoo Movement has been astonishing. My hope is that not just that it s here to stay, but that it is as effective for the woman who works as a maid in a hotel as it is for hollywood stars. [applause] rosen many women are wondering, will this prove a lasting advance for women, or will this dvance pass . Justice ginsburg i think it ill have staying power because people, and not only women, men as well as women realize how wrong the behavior was and how is subordinated women. So we shall see. My prediction is that it is here to stay. Rosen why is it happening now . You have told me and conversations over the years that activism by men and women causes political and cultural change. Is there something about what millennials are doing that has caused the movement or Something Else . Justice ginsburg i think we can compare to the gayrights movement when people stepped up and said this is who i am and i am proud of it. They came out in numbers instead of hiding, disguising. That movement developed very rapidly. I think we are seeing the same thing with Sexual Harassment. Rosen did you see this happening . Ustice ginsburg no. And why it happened when it did, i heard people tell stories of Harvey Weinstein many years ago. Then, they decided to do a big story on it. I think it was the press finally aking notice of something they knew long before that propelled it into the place it now holds in the public arena. Osen what is your advice to all women, young women and to all women about how to sustain the momentum of the movement and make its changes lasting . Justice ginsburg i think the number of changes that we have seen, how this has burdened, i have heard from lawyers that women have come forward with stories about things that happened many years ago and even though the statute of limitations is long past, these cases are being settled. One interesting thing is whether it will be an end to this confidentiality pledge. Women who complained and brought to, were offered settlements in which they would agree that they would never disclose what they had complained about. I suspect we will not see those agreements anymore. Rosen what are the legal changes necessary to make these reforms permanent . Justice ginsburg we have the legal reforms, we have had them for a long time. Title vii. It was argued early on that Sexual Harassment has nothing to do with gender discrimination. Everyone knows boys will be boys, and that was that. There are state and federal aws. The laws are there and in place, for people to step forward and se them. Rosen at sundance, you told your own metoo story about an encounter at cornell long ago. Ell us about that. Justice ginsburg i was in a hemistry class at cornell. I was not very adept in the laboratory, so a teaching assistant decided to help me out so much that he offered to give me a practice exam the day efore the actual exam. When i went into the room and looked at the exam paper, i found that it was the practice xam. I knew immediately what this instructor expected as a ayoff. So, instead of being shy, i confronted him and said, how are you do this. That is one of many, many stories that every woman of my vintage knows. Rosin how dare you do this. What would you advise women to say in similar situations, should they be similarly trong . Justice ginsburg yes. This is bad behavior. You should not engage in it and i will not submit to it. I think it is easier today because there are numbers to support the woman who says something. We no longer hear as often as we did in the past, she is making it up. Rosen this is an important question. What is your advice to men in this new regime where people are trying to behave well and figure ut what the new norms are . Rosen treat them like you would like the women in your family to be treated. Particularly your daughters. When you see men behaving in ways they should not, you should tell them. This is improper behavior. Rosen there is a debate, both among women and among men about what sort of behavior should be anctionable and one group is saying that it is wrong to lump together violent behavior [captions Copyright National cable Satellite Corp 2018] rosen there is a debate both mong women and among men about what sort of behavior should be sanctionable, and one group is saying that its wrong to lump together violent behavior like Harvey Weinstein with less dramatic forms of Sexual Conduct and others say all misconduct is rong shoond be sanctioned. There are degrees of conduct, yes, any time a woman is put into a position where she is inferior, subordinate, she should complain, she should not be afraid. There are also calls from people of different peshtives from katherine denueve and others of rather different perspectives for due process. What about due process. It goes beyond Sexual Harassment. First, the accused has a right to defend herself or himself. We certainly should not lose sight of that. Recognizing that these are complaints that should be heard. There has been criticism of some College Codes of conduct if were not giving the accused person a fair opportunity to be heard. Everyone deserves a fair hearing. Are some of those criticisms of the College Codes valid . Do i think they are . Yes. Rosen i think people are hungry for your thoughts about how to alance the values of due process against the need for increased gender equality. Its not one or the other. Its both. We have a system of justice where people who are accused get ue process, so its just applying to this field what we have applied generally some women also fear backlash. They worry that women may have less opportunity for mentorship at work because guys are afraid of interacting with them. Is this valid or not . Let me ask you as a man. Do you think you will encourage women because of the me, too movement . Rosen on the contrary, i have felt like many men sensitized to the plight of women by hearing these stories and it seems like an entirely sala tory thing in the workplace. Yes. Osen your entire veer as an towering career as a litigator and advocate and justice has studied the interplay between political and social movements and the law. You said just this afternoon, that the courts are the least important part of social change. First comes political activism and Public Education and then legislation and then the courts. So looking forward 10 or 20 years, how does the momentum of the me, too, movement get reflected in legislation and in judicial decisions . As i said, i think the law is there. Here are people now who will use it in increasing numbers. But i said before, rights have to start with people who want them, and then the court is a eactive institution. There was a fine federal judge in the is it circuit, who once said the courts dont make the conflagrations but they do their best to put them out. Rosen Marcia Greenberg in her wonderful talk this afternoon mentioned some of your dissenting opinions in Sexual Harassment cases. Is there any area for progress in the law and your dissent . Dissent, there are two kinds of dissents in the statutory case. The aim is to get the legislature to correc