Friday, November 10, 2017
Rethinking Campus Response to Sexual Violence: Betsy DeVos, Title IX, and the Continuing Search for Access to Justice
Friday, January 5, 2018 from 8:30 -10:15 am
- Hannah Brenner, California Western School of Law
- Mary M. Penrose, Texas A&M University School of Law
- Verna Williams, University of Cincinnati College of Law
- Cory Rayburn Young, University of Kansas School of Law
- Nancy Chi Cantalupo, Barry University Dwayne O. Andreas School of Law
- Ben Trachtenberg, University of Missouri School of Law
The Trump Administration recently revised the Title IX process addressing sexual violence on college campuses. These revisions, coupled with a Sixth Circuit decision finding due process protections lacking in a university’s Title IX hearing, underscore the importance of ensuring that both victims and accused receive access to justice following allegations of sexual violence. Against the backdrop of these and other current events, this panel considers strategies for rethinking the response from a legal access to justice perspective. As lawyers and legal academics, this topic is important to us, our students, institutions, and society as we strive to find balance between the rights of victims and accused. The voices on this panel offer diverse viewpoints regarding Title IX’s role in addressing sexual violence. Panelists will discuss necessary protections for those bringing claims of sexual violence to ensure fair resolution that causes limited harm to these individuals and their educational opportunities, and protections for those accused of perpetrating sexual violence, recognizing that consequences may extend far beyond the classroom. We challenge attendees to return to their campuses and respectfully engage one another to find meaningful solutions to an issue that, thus far, has failed to adequately guarantee access to justice for all.
For other programs coming up at AALS, see Law and Gender Programs at AALS 2018
Monday, October 16, 2017
Call for proposals in gender sidelining symposium
California Western School of Law
California Western School of Law invites proposals for its Gender Sidelining Symposium to be held April 26-27, 2018 in San Diego, California. The symposium will bring together legal academics, practicing lawyers, business leaders, judges, and others to discuss subtle yet pernicious forms of unequal treatment that often are not actionable under anti-discrimination or other laws, but that nonetheless may hinder the ability of women to advance in their respective professions. We refer to this unequal treatment as Gender Sidelining. There are a myriad of behaviors, policies, and practices that lead to this phenomenon of Gender Sidelining that the law does not (and arguably should not) proscribe, but which still require solutions.
The Symposium will begin with a panel discussion that will provide the relevant context and background for the concept of Gender Sidelining, followed by a dinner and remarks by a panel of highly respected judges who will provide their thoughts and insights regarding this topic. The second day will include lunch and a keynote address by American University Washington College of Law Dean Camille Nelson, a well-respected and widely published scholar who focuses on gender inequality. The second day will also include three salon-style sessions, in which a primary anchor will discuss their work in conjunction with others who will provide commentary and response. Finally, the Symposium will conclude with a final reception and rap session, where participants will be encouraged to share their reflections in an open discussion.
In seeking to explore this Gender Sidelining phenomenon, we invite proposals for three interactive salon-style sessions surrounding the themes of Employment, Entrepreneurship/Business, and Popular Culture. Interested participants also are free to suggest other salon session topics that are consistent with the Symposium’s broader theme. Each individual submitting a proposal should indicate the following: (1) whether you would like to serve as a primary anchor for one of the themed salon-style sessions or (2) have an interest in providing commentary in one of the themed salons.
Proposals should be submitted to firstname.lastname@example.org no later than November 17, 2017, and include an abstract that indicates the specific themed salon session of interest, the presenter’s proposed role (primary anchor or commentator), a description of the presenter’s research/expertise, and a CV. We also welcome proposals that are fully developed in terms of a primary anchor and commentators. Please include “Gender Sidelining Symposium” in your email subject line. Please use Microsoft Word or the equivalent, but do not use PDF. Questions should be directed to Professor Jessica Fink at email@example.com. More complete descriptions of the salon sessions appear below.
Employment: Women in the workplace often face obstacles which may impede their advancement and success, but which may not – without more – provide grounds for legal action. For example, women are significantly under-represented in positions of leadership and power across professional sectors; they often are not given adequate credit or recognition for their work; they may find their voices silenced in meetings with their male peers; they may lack appropriate mentors or other professional guidance. While such barriers and slights, standing alone, generally will not rise to the level of being legally actionable, the aggregation of these incidents leads to egregious inequality in the workplace that begs solutions. In this salon, participants will contribute to a vibrant discussion on this visible, yet often unactionable, inequality in employment contexts like academia, the military, religious institutions, law enforcement, law, medicine, and beyond.
Entrepreneurship and Business: The news has been replete of late with stories of sexism at tech startups and reports finding gender bias in business funding, especially in the world of venture capital. For this salon, we invite contributions to a discussion about how gender sidelining plays a role in business and entrepreneurship. How does gender impact decisions about which entrepreneurs are funded, which markets are “disrupted,” or who is appointed to boards of directors and other leadership positions? How might these decisions affect both women in the business world and women as consumers? How do issues of intersectionality complicate this analysis? And is there a role for the law to play in addressing these issues, which are traditionally left to the market to sort out? Ideally this salon will feature a mix of academics, practitioners, and business leaders.
Popular Culture: Popular culture often contributes to narratives that displace women and make them secondary in status to men within the collective imagination. From sports, to movies, to mainstream news and music, popular culture reproduces cultural norms, practices, and narratives that allow women to be overlooked and disregarded. Proposals that address the relationship between popular culture and gender sidelining might consider any of the following questions: How does mainstream news media coverage overlook the contributions of women politicians, lawyers, judges, and businesswomen, or subject them to different standards than men? How are women athletes and other women in entertainment exposed to unequal conditions due to gender sidelining? How do pop culture portrayals of women politicians, athletes, professionals, and artists create barriers that prevent or discourage women from entering these fields, or make it difficult for women within these fields to advance? Is there a role for the law to mitigate any of these issues?
Thursday, October 12, 2017
Monday, October 9, 2017
I posted last week about "manels" -- all male discussion panels at legal and academic conferences. See Chronicle, "Man-els": Should Universities Ban Single-Gender Discussion Panels?
Here's more thinking about manels and some ideas of what to do about it: Brigid Shulte, Slate, There is no Excuse for all Male Panels: Here's How to Fix Them
In the public arena, there is never a shortage of white men who are asked to step into the spotlight and give expert opinions. The world is filled with all-male panels at mostly male conferences, featuring male keynote speakers and discussions dominated by men—including one at Oxford—that didn’t include a single woman—on “Being a Human Being.” One academic study of prestigious TED talks found that male speakers outnumber females by a ratio of 3 to 1. That’s about the same ratio of male-to-female political analysts on top cable news shows talking about the 2016 presidential campaign, which had the first female major party candidate.
Men are even asked to take starring roles in conversations about women. PayPal hosted an all-male panel—a “manel”—on gender equality. A manel has held forth on the topic of #WhenWomenThrive at the World Economic Forum in Davos, Switzerland. And in June, an all-male panel at the PRWeek Hall of Femme Conference told female attendees they’d do better in the “macho” PR culture if they would only “speak up more loudly.”
....In Sweden, I met a nonprofit group called Equalisters. It’s working to change assumptions about who we think of as an expert—i.e., white men—and offer concrete proof that expert women, immigrants, and diverse voices do, indeed, exist across a wide range of fields. “We believe people saying, ‘There aren’t any’ is just a lazy way of saying, ‘I don’t have them in my network,’ ” said project manager Tina Sayed Nestius. “With our lists, we’ve got a really good way to prove them wrong.”
....Witness Fresh Speakers. Co-founder Vanessa Valenti, a speaker herself, got sick of complaining about the whiteness and maleness of conferences. Then she found out that a white male speaker was paid $10,000 and flown first class to a conference while a black female speaker at the same conference had to argue to get a coach ticket refunded and wasn’t paid a dime. “We thought, ‘OK, we have to do something,’ ” Valenti said.
She and her two partners opened their own speakers bureau and began curating a list of diverse experts and speakers. Now, 73 percent of their speakers are nonwhite, 71 percent are women, and 51 percent are women of color. “In the conference world, a very common response you hear is, ‘Oh, we couldn’t find enough women speakers for this event. We couldn’t find enough people of color,’ ” Valenti said. “Well, here they are.”
The thing is, she said, you have to want to find them. As Elizabeth Broderick, sex discrimination commissioner on the Australian Human Rights Commission, has said, “If you don’t intentionally include, the system unintentionally excludes.” (The commission publishes a “Panel Pledge Toolkit” to help, it says, broaden the range of perspectives and the quality of public conversation.)
In this era of big data, there are more ways to quantify, create accountability, and publicize the problem of a lack of diversity on the public stage. The nonprofit Gender Avenger creates social media campaigns to track the presence of women on panels as speakers and in the news. And a new app, Are Men Talking Too Much, allows users to time how long “dudes” speak compared with those “not a dude."
Tumblr’s “Congrats, you have an all male panel!” plasters a thumbs-up from David Hasselhoff on photos of testosterone-heavy public forums. The Gendered Conference Campaign of female philosophers not only publicly shames all-male public events but boasts a catchy theme song: “When I flip the page/ I feel something close to rage/ If not a single name of a lady can be found.”
Hey AALS Women in Legal Ed Section-- maybe a Speakers' List of our own.
Friday, October 6, 2017
One source of controversy at some academic conferences is the tendency for discussion panels to be composed largely of white men. In recent years, there’s been a heightened awareness among scholars of the importance of both gender and racial diversity when organizing such discussions — be they at conferences or on campuses.
In July, the Elliott School of International Affairs at George Washington University took an unorthodox step to ensure gender diversity in its panel discussions: It adopted a rule banning single-gender panels. Specifically, the policy requires panels with more than two speakers to include both men and women. And if all speakers happen to be of the same gender, the moderator must be of a different gender. Violating the policy could result in a panel’s cancellation.
But there was backlash. Some faculty members complained, and news outlets like Breitbart seized upon the controversy. "It’s a total, obvious infringement on common sense to begin with, and academic freedom," said Jonathan Chaves, a professor of Chinese in the Elliott school, told the university’s student newspaper. "There’s only one standard that applies to an institution of higher education," said Mr. Chaves, "and that is who the best person is in the field. Period."
"Part of privilege is just not having to think about this, you just call your friends, you call your buddies, or you call people in your network, to be on panels like this," she said. "In a practice of exclusion, like all-male, all-white panels are, we are not allowing the merits of somebody’s scholarship to actually bubble to the top."
One of the most recognizable efforts to diversify panels hasn’t come from administrators but from professors themselves.
Last year, women in political-science departments across the nation founded a searchable database called Women Also Know Stuff in an effort to bring attention to what they call "man-els," or all-male panels.
Melissa Michelson, a professor of political science at Menlo College and one of the founders, said she’s seen more women included in news stories and in conferences since the site launched.***
But single-gender panels aren’t always all-male. Aili Mari Tripp, chair of the gender and women’s studies department at the University of Wisconsin at Madison, said her department has the opposite problem: all-female panels, because of a lack of men working in gender and women’s studies.
As for a rule enforcing gender diversity, Ms. Tripp said that other means are more effective.
"The way to go is to create incentives for gender diversity, model it, and find ways to value and recognize the expertise of women and minorities," Ms. Tripp wrote in an email. "rather than legislating it in this way, which will only create unnecessary hostility."
Note, the ABA has adopted a similar rule requiring both gender and racial diversity on ABA CLE and conference panels. More here The ABA's New Rule Mandating Diverse CLE Panels
Tuesday, October 3, 2017
GENDER EQUALITY: PROGRESS & POSSIBILITIES
Friday, Oct. 13, 2017, 8 a.m.
The University of Toledo, College of Law
McQuade Law Auditorium
Discussions of gender in American society have been ongoing since the suffrage movement began in the 19th Century. Today, “feminism” is a controversial term. Intersectional critiques of the historic whiteness and privilege of the feminist movement have likewise challenged feminism’s relevance. The recent divisive political climate has further catalyzed dialogue about this topic, suggesting a retrenchment of traditional perspectives on gender and highlighting serious patterns of ongoing discrimination that may increasingly render feminism relevant.
The University of Toledo Law Review’s 2017 Symposium will explore the ways in which gender equality has been achieved or remains aspirational in nature. Four panels of experts will discuss gender as applied to various areas of life and law. Panels will include: Sex Inequality in the Workplace; Gender Equality in Education; Gendered Violence; and Reimagining Family Law
Lisa Pruitt, the Martin Luther King, Jr. Professor of Law at the University of California, Davis, will present the keynote address, “The Women Feminism Forgot: Rural and Working-Class White Women in the Age of Trump.”
Panelists will publish a collection of essays in Volume 49, Issue 3 of The University of Toledo Law Review.
This symposium will be of interest to attorneys and other professionals in a multitude of practices and settings, particularly those whose practice involves representing women in any area of the law.
Tuesday, September 26, 2017
Mark your calendars for panels on law and gender at the annual Association of American Law Schools (AALS) meeting, January 2018.
Thursday, Jan. 4
10:30am AALS Open Source Program – Mainstreaming Feminism
Saturday, Jan. 6
9:00am Women in Legal Education –Whispered Conversations Amplified
10:30am Sexual Orientation and Gender Identity Issues – Relationships Between Religious
Exemptions and Principles of Equality and Inclusion
12:15pm Women in Legal Education Luncheon. Ticket price $75 per person.
1:30pm Women in Legal Education – Speed Mentoring
Full AALS Draft Program is here.
Friday, September 8, 2017
Here are the presentations on gender and law and the upcoming annual conference of the American Society of Legal History. The full preliminary program is here.
Lauren Thompson, Kennesaw State University, “Not for Physicians to Decide”: Medicine, Law, and Mary Ware Dennett in the Early Birth Control Movement
Cookie Woolner, University of Memphis, “Framing Women in Harlem”: Regulating Black Women’s Sexuality in the Prohibition Underworld
Katherine Luongo, Northeastern University, Mens Rea as a Cultural Matter: Adjudicating Witch-Killings in Nigeria and Tanzania
Stephanie Jones-Rogers, University of California, Berkeley, Women, American Slavery, and the Law
Luisa Stella de Oliveira Coutinho Silva, Universidade de Lisboa, Women in Colonial Paraíba: A Feminist Postcolonial Study of Brazilian Legal History, 1580s–1822
Hannah Francis, Rice University, The Impact of American Law on Free Women of Color in Nineteenth Century New Orleans
Jeffrey Gonda, Syracuse University, “All the Feeling of Being a Lady Had Been Crushed”: Black Women and Jim Crow Transportation in the 1940s
Roundtable: Making Reproductive Rights Law from Griswold to Whole Woman’s Health
Chair: Kate Shaw, Cardozo Law School
Reva Siegel & Linda Greenhouse, Yale Law School, The Story of Roe v. Wade
Serena Mayeri, University of Pennsylvania, The Story of Planned Parenthood v. Casey
Cary Franklin, Yale Law School, The Story of Whole Woman’s Health v. Hellerstedt
Khiara Bridges, Boston University School of Law, The Story of Harris v. McRae
Monday, August 28, 2017
The Center for Constitutional Law at the University of Akron School of Law will host Professor Julie Suk as the featured Constitution Day speaker on September 18, 2017.
Professor Suk's talk is entitled "The Constitution of Mothers: Gender Equality and Social Reproduction in the United States and the World."
One of the largest mobilizations in recent American history was the Women’s March of 2017, with millions of participants in U.S. cities and in concurrent events throughout the world. Despite diverse backgrounds and agendas, the marchers unified around the general theme of equality for women. It was a constitutional moment: The unity principles included a call for a new Equal Rights Amendment to the U.S. Constitution, and in March 2017, Nevada became the first state to ratify the ERA 35 years after the 1982 deadline had lapsed. Nevada’s ratification raises questions about the legitimacy of post-deadline ratification of a Congressionally adopted constitutional amendment, as well as deeper normative questions about the desirability and meaning of constitutionalizing equal rights for women in the 21st century. If Nevada’s ratification is valid or can be made valid by Congressional action, two additional states’ ratifications will put the ERA in the U.S. Constitution. Would such an amendment change what the law does, or would it be merely symbolic?
This lecture will argue that an ERA is needed in the twenty-first century, but for reasons different from those that motivated the 1972 adopters. Meanwhile, most constitutions around the world explicitly guarantee sex equality, and many of these constitutions also guarantee special protections for mothers. Drawing on global constitutionalism, this lecture argues that constitutional equality for women must go beyond prohibiting sex distinctions in the law, and reach the disadvantages faced by largely by women due to the burdens of raising the next generation of citizens. The challenge of making the constitution regulate social reproduction, however, is illustrated by the history of women’s participation in advocating for the Prohibition Amendment and its repeal, both of which engaged the politics of the home and child-rearing. The legacy of women’s past struggles to change the Constitution, in light of contrasting narratives outside the United States, should inform our present gender equality efforts.
Full details here: Download ConLawSpeakerSukF2017
Julie Suk is a Professor of Law at the Cardozo School of Law – Yeshiva University in New York, where she has taught since 2005. She is a leading scholar of comparative equality law. Her research brings a transnational perspective to equality and antidiscrimination law in the United States, drawing on primary legal materials in multiple languages from multiple jurisdictions. Professor Suk's articles compare European and American approaches to a broad range of issues in law and public policy, such as the enforcement of antidiscrimination norms in various legal systems around the world, holocaust denial, maternity leave, and women’s equal representation in political and corporate leadership positions. Professor Suk’s current research projects focus on women, work, and family in comparative constitutional law, as well as education rights in the context of socioeconomic inequality. Representative publications include: An Equal Rights Amendment for the Twenty-First Century: Bringing Global Constitutionalism Home (Yale Journal of Law and Feminism), Are Gender Stereotypes Bad for Women? Rethinking Antidiscrimination Law and Work-Family Conflict (Columbia Law Review), Discrimination at Will: Job Security Protections and Equal Employment Opportunity in Conflict (Stanford Law Review), Gender Parity and State Legitimacy: From Public Office to Corporate Boards (International Journal of Constitutional Law).
Thursday, August 24, 2017
Call for Papers – Sunday September 17 Deadline
The Feminist Legal Theory Collaborative Research Network
Seeks submissions for the
Law and Society Association Annual Meeting
June 7–10, 2018 in Toronto, Canada
Submission link: https://form.jotformpro.com/pijip/2018fltcrn
Dear friends and colleagues,
We invite you to participate in the panels sponsored by the Feminist Legal Theory Collaborative Research Network at the Law and Society Annual Meeting in Toronto in June 2018. The Feminist Legal Theory CRN brings together law and society scholars across a range of fields who share an interest in feminist legal theory. Information about the Law and Society meeting is available at http://www.lawandsociety.org.
This year’s meeting invites us to explore LAW AT THE CROSSROADS/LE DROIT A LA CROISÉE DES CHEMINS. We seek in proposals that explore the application of feminist legal theory to this rich theme, across any substantive area.
If you would like to present a paper as part of a CRN panel, submit your 500 word abstract to https://form.jotformpro.com/pijip/2018fltcrn by the deadline of September 17, 2017.
Our goal is to stimulate focused discussion of papers on which scholars are currently working. While you may submit papers that are closer to publication, we are particularly eager to receive proposals for works-in-progress that are at an earlier stage and will benefit from the discussion that the panels will provide. We are also especially interested in hearing from junior scholars, and welcome submissions from scholars in VAPs, fellowship programs, non-tenure and pre-tenure positions.
The Planning Committee will group accepted papers into panels of four, based on subject matter. Each presentation should run roughly 10 minutes to allow ample time for discussion. A chair or discussant will provide feedback on each paper.
If you would like to propose a pre-formed panel of four papers with a chair and a discussant, please email us at firstname.lastname@example.org. Include that information in the appropriate box on the submission form for each of the papers as well.
In addition to traditional panels, we are open to some of the other formats that the LSA allows, including Author meets Reader, Salon, or Roundtable. If you have an idea that you think would work well in one of these formats, please email us at email@example.com. Please note that for roundtables, organizers must provide a 500-word summary of the topic and the contributions they expect the proposed participants to make. Please also note that LSA rules limit you to participating only once, either as a paper panelist or as a roundtable participant.
As a condition of participating as a Feminist Legal Theory CRN panelist, you must agree to also serve as a discussant or discussant/chair for another Feminist Legal Theory CRN panel. The planning committee will assign two discussants for each panel, to provide feedback on the papers and promote discussion. One of the discussants will also serve as the panel chair. This requirement helps us to create and sustain a supportive community of scholars. We will take into account expertise and topic preferences to the degree possible.
Chairs organize the panel, as well as moderate. Chairs will develop a 100-250 word description for the session and submit the session proposal to LSA before the anticipated deadline of mid-October. This will ensure that each panelist can submit their proposal, using the panel number assigned. Each chair will also serve as discussant for two papers.
Discussants read the two to three papers assigned to them and prepare a short commentary to offer feedback and serve as a basis for discussion among the panelist and audience members.
Proposals due Sunday, September 17 to https://form.jotformpro.com/pijip/2018fltcrn
While we’re always happy to hear from you, please do not send submissions to individual committee members.
The form requires the following information:
- The title of your proposal;
- A 500 word abstract or summary;
- Your name and title;
- Number of years you have been a law teacher/scholar;
- Your areas of interest and expertise within feminist legal theory;
- Whether this paper is part of a group of papers submitted together as a pre-formed panel.
This information will permit us to organize panels and submit them prior to the LSA’s anticipated deadline in mid-October. In the past, we have accommodated as many panelists as possible, but have been unable to accept all proposals. If we are unable to accept your proposal for the CRN, we will notify you by early October so that you can submit your proposal independently to LSA.
We hope you will join us in Toronto to share your current scholarship and connect with this vibrant community of feminist legal theorists.
2018 LSA Feminist Legal Theory CRN Planning Committee
Daniela Kraiem (co-chair)
Seema Mohapatra (co-chair)
Eylem Umut Atilgan
Friday, August 4, 2017
Women in Law and Leadership Symposium
Friday, November 3, 2017
Marcum Conference Center at Miami University
You are invited to the Women in Law and Leadership (W.I.L.L.) Symposium from 8 a.m. to 5 p.m. on Friday, November 3, 2017.
Miami University and its Pre-Law Program are proud to present a daylong conference focused on issues related to women in law and leadership. The conference will bring together lawyers and current Miami students. Miami Pre-Law students will moderate panel discussions featuring successful Miami alumni in the legal profession. Panel topics include gender issues in the workplace, work/life challenges, keys to success, and career trajectories and possibilities. Each session has significant intellectual and practical content designed to improve each participant’s professional competence and understanding of leadership. Application for Ohio CLE credit is pending.
For more information, please contact prelaw@MiamiOH.edu
Thursday, August 3, 2017
Conference Announcement and Call for Papers
2017 Junior Scholars #FutureLaw Workshop 2.0 at Duquesne
The conference is organized by Seth Oranburg, Assistant Professor, Duquesne University School of Law (firstname.lastname@example.org). Funding is provided in part by the Federalist Society. All papers are selected based on scholarly merit, with an emphasis on scholarly impact, topical relevance, and viewpoint diversity.
September 7-8, 2017
By invitation only
OVERVIEW: The conference aims to foster legal and economic research on “FutureLaw” (as defined below) topics particularly by junior and emerging scholars by bringing together a diverse group of academics early in their career focusing on cutting-edge issues.
TOPICS: The conference organizers encourage the submission of papers about all aspects of FutureLaw, which includes open-data policy, machine learning, computational law, legal informatics, smart contracts, crypto-currency, block-chain technology, big data, algorithmic research, LegalTech, FinTech, MedTech, eCommerce, eGovernment, electronic discovery, computers & the law, teaching innovations, and related subjects. FutureLaw is an inter-disciplinary field with cross-opportunities in crowd science, behavioral economics, computer science, mathematics, statistics, learning theory, and related fields. Papers may be theoretical, archival or experimental in nature. Topics of interest include, but are not limited to:
- Innovation in legal instruments (e.g., new securities, new corporate forms, new litigation procedures, etc.)
- Innovation in legal technology (e.g., new law firm governance, legal automatic, democratizing access to legal services, legal chatbots, etc.)
- Innovation in legal teaching (e.g., new classroom techniques, distance learning studies, experiential learning, transactional clinics, etc.)
Papers regarding the effect of these innovations (e.g., diversity, inclusion, equity, equality, fairness, return on investment, productivity, security, etc.) are also welcome.
DUAL SUBMISSION PROCESS: For the 2017 conference, the FutureLaw Workshop and the Duquesne Law Review (DLR) announce a new, non-exclusive, combined submission process. At your discretion, a paper submitted to the 2017 FutureLaw Workshop 2.0 may also be considered for publication by DLR free of charge. The rules for this dual submission process are as follows:
(1) You must apply online at http://law.duq.edu/events/junior-scholars-futurelaw-workshop-20. Submitted papers will be considered for publication by the DLR free of charge. A reply to your submission in acceptance to the Workshop or invitation to publish in the DLR is your option, not your obligation.
(2) If you do not wish to be considered by the DLR while submitting for the FutureLaw Workshop, please indicate this in the comments field provided.
(3) Papers submitted for dual consideration must not already be accepted by another journal.
(4) While under consideration as a dual submission for the 2017 FutureLaw Workshop and invitation by the DLR, a paper may be submitted to another journal (or JAR).
PAPER SUBMISSION PROCEDURE: Please upload a PDF version of your working paper, by August 4, 2017 via the online submission form at http://law.duq.edu/events/junior-scholars-futurelaw-workshop-20. When you select the radio button for “Attendance Category: Participant,” you will see an option to upload a paper.
The FutureLaw Workshop may reimburse presenters and discussants reasonable travel expenses and accommodations. Please let us know if your academic institution does not provide you with travel and accommodation expenses.
CONFERENCE ATTENDANCE: Attendance is free and by invitation only. Academics interested in receiving an invitation to attend but who do not wish to submit a paper may apply online as “observers” at http://law.duq.edu/events/junior-scholars-futurelaw-workshop-20
Tuesday, June 20, 2017
Schedule at a Glance
8:00-9:45 – COUPLES, CHILDREN & PARENTAGE: OLD CONCEPTS, NEW PERSPECTIVES
10:00 – 11:45 – BEYOND VIOLENCE: A LOOK INTO GENDER VIOLENCE AND EQUALITY
12:45-2:30 – (RE) THINKING FEMINISM GLOBALLY
2:45-4:30- REMEDYING RELATIONAL EQUALITY
8:00-9:45 – (RE) DEFINING HARM AND VICTIMHOOD
8:00-9:45 – FEMINIST JUDGMENTS: REWRITTEN TAX OPINIONS PROJECT
8:00-9:45 – STATE POWER AND REPRODUCTIVE DECISION MAKING
8:00-9:45 – REEVALUATING GENDER NEUTRALITY
10:00-11:45 – DEMOCRACY AND GENDER
12:45-2:30 – FEMINIST LEGAL STRATEGIES: COMPARATIVE PERSPECTIVES, CHALLENGES, AND WAYS FORWARD
2:45-4:30 – FEMINIST JUDGMENTS: REWRITTEN OPINIONS OF THE UNITED STATES SUPREME COURT AUTHOR MEETS READER
2:45-4:30 – GENDER ROLES AND THE STATE
2:45-4:30 – STATES OF VIOLENCE AND LEGAL ACTIVISM IN LATIN AMERICA: BRIDGING FEMINIST, INTERSECTIONAL, AND DECOLONIAL RESEARCH
4:45-6:30 – BREAKING CARCERAL WALLS, BRIDGING MOVEMENTS: FORMING A COHERENT ANTIPUNITIVE AGENDA THROUGH CROSS – SECTORAL COLLABORATIONS
Thursday, June 15, 2017
Linda Berger, Bridget Crawford & Kathy Stanchi have posted Using Feminist Theory to Advance Equal Justice Under Law, 17 Nevada L.J. 539 (2017). Their essay provides an overview of the Feminist Judgments Conference held in October 2016 at the Center for Constitutional Law at Akron. Papers from the conference are forthcoming in the Nevada Law Journal and the Akron Law Review. A talk by Judge Elinore Marsh-Stormer from the conference is available here, Perspectives from the Bench on Feminist Judgments, 8 ConLawNOW 81 (2017).
Progress toward gender justice faces multiple and growing challenges, not only in the United States Supreme Court but at every level of political and cultural debate and decision making. Within this context, feminist theory and methods are more necessary than ever.
It is therefore timely and fitting that more than 200 hundred lawyers, judges, professors, students, and members of the public gathered for The U.S. Feminist Judgments Project: Writing the Law, Rewriting the Future, a two-day conference hosted by the Center for Constitutional Law at The University of Akron School of Law. The conference had several purposes. First and foremost was to celebrate the publication of Feminist Judgments: Rewritten Opinions of the United States Supreme Court.1 Both this volume, the first in a series, and its organizing focus, the United States Feminist Judgments Project, grew out of the work of the Women’s Court of Canada and the U.K. Feminist Judgments Project. * * *
A second purpose of the conference at the Center for Constitutional Law was to provide a forum for asking (and attempting to answer) a series of discrete questions about judges and the judicial function. Prime among these questions is whether judicial diversity matters—that is, whether it is important to have judges who are representative of many different groups of people as well as many different ways of thinking. On a simplistic level, our reaction might be that of course diversity on the bench matters. As Sally Kenney, our conference keynote speaker, eloquently argues, diversity in positions of power in all branches and all levels of government, including representation by women, is a reflection of the health of our nation’s democracy. In Kenney’s view, diversity on the bench is a requirement of a representative democracy—it is a civic right and responsibility.
The conference also sought to raise the “woman question”—the baseline feminist question of the 1980s and 1990s. The “woman question” asks whether women are represented in decision-making positions and how the law affects women. * * *
The third purpose of the conference was to showcase the work of an international group of professors, attorneys, and other researchers who rely on, challenge, complicate, or extend feminist legal theory. The panels at the conference represented a dazzling array of subject matters, methodologies, and inquiries. Evident throughout the conference presentations were what Martha Chamallas has called some of the recurring “moves” of feminist legal theory: treating women’s experiences as an appropriate subject for legal scholarship, exploring complex identities, challenging implicit bias, and unpacking women’s choices.* * *
The fourth and final goal of the conference—and one that extends to the pages of this issue of the Nevada Law Journal—is to create a community. For two days in Akron, Ohio, the assembled group came together to think in a sustained way about the highest and best aspirations for what the law could be, especially as the law relates to the unfinished promise of economic, social, and political equality between and among women, men, and people of all gender identities.
Tuesday, May 16, 2017
The Institute for Constitutional History is pleased to announce another seminar for advanced graduate students and junior faculty:
Mothers and the Constitution
The seminar will explore the relationship between the changing practice of motherhood and the law. Using Supreme Court cases, important state cases, and supplementary historical and statutory materials we will study the many ways that constitutional interpretation and government policy have regulated the lives of different kinds of mothers and occasionally of fathers too. We will organize our discussions around four key issues: Custody and Care, Reproduction, Work, and State Support, focusing on the twentieth century; and taking into account the influence of such factors as race, religion, migration, and sexuality on developing constitutional interpretation.
The dates the seminar will meet are: October 6, October 13, November 3, and November 10; Fridays from 2-5 p.m. The seminar will be held at the New-York Historical Society, 170 Central Park West, New York City.
Alice Kessler-Harris is R. Gordon Hoxie Professor of American History, Emerita, at Columbia University where she was also Professor in the Institute for Research on Women and Gender, and held a faculty affiliate appointment in the Columbia University School of Law. Kessler-Harris specializes in the history of American labor and twentieth century social policy. Her books include In Pursuit of Equity: Women, Men and the Quest for Economic Citizenship in Twentieth Century America (2001), which won the Bancroft, Taft, Joan Kelly and Herbert Hoover prizes; Gendering Labor History (2007), which contains her essays on women, work and social policy, and A Woman’s Wage: Historical Meanings and Social Consequences (1990). She is perhaps best known for the now classic, Out to Work: A History of Wage-Earning Women in the United States (1982, 2001). She is co-editor, among other books of Protecting Women: Labor Legislation in Europe, Australia, and the United States, 1880-1920 (1995); Democracy and Social Rights in the ‘Two Wests’; and Democracy and the Welfare State, which explores the impact of expanding citizenship rights in Western Europe and the U.S.
Carol Sanger is the Barbara Aronstein Black Professor of Law at Columbia Law School where she teaches Contracts, Family Law, and research seminars on “Meanings of Motherhood: Legal and Historical Perspectives” (with Alice Kessler-Harris) and “Abortion: Law in Context.” Prof. Sanger’s scholarship focuses on how law influences family formation in such areas as immigration, custody, and adoption, and particularly regarding relationships between mothers and children. Her book About Abortion: Terminating Pregnancy in Twenty-First-Century America (Harvard University Press, 2017) concerns the role of abortion in American culture, politics, and in women’s lives. Sanger’s 2012 article, The Birth of Death: Stillborn Birth Certificates and the Problem for Law won a prize for “exemplary legal writing” from the journal Green Bag. Sanger is also the senior editor of a leading law school casebook, Contracts: Cases and Materials (8th ed., 2013).
The seminar is designed for graduate students and junior faculty in history, political science, law, and related disciplines. All participants will be expected to complete the assigned readings and participate in seminar discussions. Although the Institute cannot offer academic credit directly for the seminar, students may be able to earn graduate credit through their home departments by completing an independent research project in conjunction with the seminar. Please consult with your advisor and/or director of graduate studies about these possibilities. Space is limited, so applicants should send a copy of their c.v. and a short statement on how this seminar will be useful to them in their research, teaching, or professional development. Materials will be accepted only by email at MMarcus@nyhistory.org until May 22, 2017 Successful applicants will be notified soon thereafter. For further information, please contact Maeva Marcus at (202) 994-6562 or send an email to MMarcus@nyhistory.org.
There is no tuition or other charge for this seminar, though participants will be expected to acquire the assigned books on their own.
The Institute for Constitutional History (ICH) is the nation’s premier institute dedicated to ensuring that future generations of Americans understand the substance and historical development of the U.S. Constitution. Located at the New York Historical Society and the George Washington University Law School, the Institute is co-sponsored by the American Historical Association, the Organization of American Historians, and the American Political Science Association. The Association of American Law Schools is a cooperating entity. ICH prepares junior scholars and college instructors to convey to their readers and students the important role the Constitution has played in shaping American society. ICH also provides a national forum for the preparation and dissemination of humanistic, interdisciplinary scholarship on American constitutional history.
Monday, March 13, 2017
Renee Knake presents, What Does it Mean to Be the First? Lessons from Women Shortlisted for the U.S. Supreme Court, with commentary by:
Judge Vanessa Gilmore, U.S. District Court for the Southern District of Texas
Diane Ralston, Chief Legal Officer, TechnipFMC plc
Doris Rodriguez, Partner, Andrews Kurth Kenyon
Tuesday, February 21, 2017
Judge Nancy Gertner, Keynote Speaker, Univ. of Baltimore 9th Feminist Legal Theory Conference (Mar. 2016)
I was on the bench for seventeen years, and I intend to write about that experience. The problem is that while my memoir was funny, this book—on judging—is not. In my memoir, I describe the fact that the only way I could face the discrimination I was facing was to crack jokes about it, to find the humor in horrific situations. I started writing about judging literally the minute I joined the federal bench. I recorded everything I did and why—the palpable change from who I had been on April 26, 1994, when I was an employment discrimination, civil rights, and criminal defense lawyer, and who I was supposed to be on April 27, 1994, when I was sworn in as a judge.
Tuesday, January 24, 2017
Tuesday, January 17, 2017
NEH Summer Seminar on Gender, the State and the 1977 International Women's Year Conference -- Call for Applications
A National Endowment for the Humanities Summer Seminar for College & University Faculty
June 12-18, 2017
Tuesday, January 3, 2017
Wednesday, January 4
8:30 am – 5:15 pm Why Law Matters: Health and Social Justice (Joint Program of Disability Law, Insurance Law, Medicine and Health Care and Minority Groups, Co-sponsored by Poverty Law and Women in Legal Education)
10:30 am – 12:15 pm AALS President’s Program on Diversity
Much recent scholarship has addressed important diversity issues surrounding gender, religion, race, viewpoint, disability, and sexual orientation. Some inquiries been prompted by reflection on issues such as our criminal justice system; protests, including Black Lives Matter, have also spurred greater focus. This President’s Program will seek to answer questions related to on-campus challenges and opportunities around equity and inclusion
Thursday, January 5
8:30 am – 10:15 am: Cultivating Empathy (sponsored by Women in Legal Education and Balance in Legal Education)
Moderator: Rebecca E. Zietlow, University of Toledo College of Law
Speakers: Susan L. Brooks, Drexel University Thomas R. Kline School of Law
Jamila Jefferson-Jones, University of Missouri-Kansas City School of Law
Rhonda Magee, University of San Francisco School of Law
Lisa R. Pruitt, University of California, Davis, School of Law
Tirien Steinbach, University of California, Berkeley School of Law
Howard M. Wasserman, Florida International University College of Law
This panel will discuss how best to teach students about sensitive issues related to topics of gender, race, poverty, sexual orientation, and other defining characteristics . The panel starts from the premise that professors’ identities affect how we teach and how our teaching is perceived by students. Students’ identities also affect how they learn and how they react when confronted with issues that trigger special sensitivities, or, conversely, issues and topics about which they have no personal experience. How can professors cultivate empathy among the students and raise the students’ emotional intelligence? How can professors best teach students to understand and tolerate differing viewpoints? This is important not only to teaching and learning, but also to the effective representation of clients and practice of law.
@10:15am Women in Legal Education, Business Meeting (following the program at 10:15)
8:30 am – 10:15 am Addressing Implicit Bias in Teaching (sponsored by Section on Clinical Legal Education)
Moderator: Carol L. Izumi, University of California, Hastings College of the Law
Speakers: Rachel Godsil, Seton Hall University School of Law
Verna Myers, Founder and President, Verna Myers Consulting Group
Victoria Plaut, University of California, Berkeley School of Law
According to the Perception Institute, “most Americans believe in racial and gender equality and reject discrimination in any form. Yet, stereotypes embedded in our brains, shaped over time by history and culture, can lead us to view the world through a biased lens and behave contrary to our deeply held egalitarian values.” We are increasingly faced with the realities of the impact that biases have in society, but have we been reflective enough about the role that implicit bias plays in our lives as legal educators? How do implicit biases affect our teaching, and affect us as advocates for justice? How are we addressing the challenges inherent in the effect of biases on our individual and institutional interactions? How do these implicit biases affect students’ perceptions of justice and the law? Where is the line between personal bias and ideology? This session will explore the influence of implicit bias on legal educators: what are our respective biases, and how do they impact our teaching and advocacy; how do they affect students and their ability to challenge them; can we promote our sense of justice without asserting our own biases; and how can we control for implicit bias
8:30am to 10:15am Sex, Death, and Taxes: The Unruly Nature of the Laws of Trusts and Estates (section on Trusts & Estates)
Moderator: Lee-ford Tritt, University of Florida Fredric G. Levin College of Law
Trusts and Estates is a broad-based discipline that impacts private citizens’ decisions about sex, death, and taxes. In individuals’ lives, this field is like an operating system that quietly runs in the background, but in reality organizes and informs the end user’s experience, often without the end user’s full awareness. In practice, the field sits at the crossroads of other legal disciplines such as family law, property law, elder law, and tax law. In the academy, it is caught between the practical and theoretical—a microcosm of the questions at the heart of debates about the value and normative objectives of a legal education. Yet, T&E seems to be under–theorized and marginalized in the academy. Therefore, this panel will interrogate T&E’s unruly nature, entertaining inquiries about the intersectionality of gender, race, sexual orientation, and class; the pervasiveness of succession law in aligned fields; its history of adaptation to changing social norms; and the development and evolution of law reform in this area. The panel will explore new visions for the field and frameworks that disrupt and reimagine the field.
12:00 pm – 1:30 pm – WILE Luncheon and presentation of Ruth Bade Ginsburg Lifetime Achievement Award to Professor Martha Albertson Fineman
1:30 p.m.-3:15 p.m. AALS Academy Program—Still Victims: Continuing the Trauma of Victims of Military Sexual Assault
Moderator: Marie A. Failinger, Mitchell | Hamline School of Law
Speakers: Bradford Adams, Manager of Direct Legal Services, Swords to Plowshares
Eric R. Carpenter, Florida International University College of Law
Janet Mansfield, Policy Attorney and Legal Advisor to the Army Sexual Harassment/Assault Response and Prevention Program, Office of the Judge Advocate General of the United States Army
Alison Parker, Director of the U.S. Program, Human Rights Watch
Evan R. Seamone, Mississippi College School of Law
In response to the tragedy of sexual assault in the military, Congress and the Department of Defense have recently made several statutory and regulatory reforms to the military justice system to protect victims of sexual assault. However, sexual assault victims continue to run into roadblocks that complicate healing and future opportunities, especially those who experience retaliation for reporting. This program will summarize the 2015 and 2016 Human Rights Watch investigations into sexual assault in the military, and discuss recent changes in legislation and policy in response to these problems. Sexually assaulted servicemen and women continue to face professional retaliation and criminalization for uniquely military offenses like fraternization, resulting in discipline and less than honorable discharges. Many also face lifetime difficulties in obtaining employment, adequate physical and mental health care including disability benefits, and other veterans’ services. The panel will probe military culture factors that contribute to these problems, and difficulties that survivors’ lawyers encounter in representing their clients’ interests. Finally, the program will discuss possible new legal and organizational changes that can contribute to a safer and healthier culture for military assault victims and their advocates, and how law schools can participate in seeking justice for these victims.
1:45 pm – 2:45 pm Concurrent Session, Socio-Economics, Gender, and Family Formation
Moderator: June Rose Carbone, University of Minnesota Law School
Speakers: Margaret Friedlander Brinig, Notre Dame Law School
Michele Goodwin, University of California, Irvine School of Law
Joan S. Meier, The George Washington University Law School
Every recent study of the family observes that marriage has become a marker of class, with whites and Asians, the collegeeducated and the financially secure more likely to raise their children within stable two-parent relationships than others. The question is why? This panel will look at the intersection of gender, law and the changing economy in considering why family arrangements differ by race and class, and the implications for growing inequality in society more generally.
5:30 – 6:30 pm - University of Georgia School of Law Roundtable Discussion on Women's Leadership in Legal Academia – cosponsored by Section on Women in Legal Education.
Women who are or wish to become leaders in academia-as deans or as directors of centers, clinics, or libraries-are invited to join Georgia Law for discussion.
Friday, January 6
10:30 am – 12:15 pm New Horizons: Navigating the Complex Landscape of Title IX Compliance (sponsored by Section on Education Law)
Moderator: Laura McNeal, University of Louisville, Louis D. Brandeis School of Law
Speakers: Deborah L. Brake, University of Pittsburgh School of Law
John Clune, Attorney, Hutchinson Black and Cook LLC
Tanya M. Washington, Georgia State University College of Law
Robin Fretwell Wilson, University of Illinois College of Law
This panel will explore emerging institutional challenges in complying with Title IX, in both K-12 and higher education. Title IX of the Education Amendments of 1972 protects people from discrimination “on the basis of sex … under any education program or activity receiving Federal financial assistance.” Although originally seen primarily as an initiative to promote gender equity in athletics, the broad language of the law leaves it substantially open to interpretation. Today, a great deal of controversy surrounds the application and breadth of Title IX among educators, administrators, policy makers, and stakeholders in education. This panel will discuss the current challenges in institutional compliance with Title IX such as:
- The recent Dear Colleague letter on transgender students issued by the U.S. Department of Education, in both its procedural and substantive dimensions;
- The Dear Colleague letter on sexual harassment issued by the U.S. Department of Education, in both its procedural and substantive dimensions, including its implications for due process rights of accused persons;
- The effects of Title IX on student and faculty expression, and its interaction with academic freedom and principles of free speech.
1:30 pm – 3:15 pm Setting the Post-Obergefell Agenda (sponsored by Section on Sexual Orientation and Gender Identity Issues)
Moderator: Steven J. Macias, Southern Illinois University School of Law
Speakers: Courtney G. Joslin, University of California, Davis, School of Law
Kate Kendell, Executive Director, National Center for Lesbian Rights
Craig Konnoth, University of Pennsylvania Law School
Peter Nicolas, University of Washington School of Law
Since the 2015 Obergefell decision, LGBT legal issues have run the gamut from the actual enforcement of marriage equality to religious freedom challenges to trans rights in the public schools to bans on conversion therapy—at least according to major media accounts. This panel seeks to gauge the current interests of scholars as to the most pressing post-marriage-equality issues and how those issues stand in the wake of Obergefell. Is Obergefell’s reach felt throughout the range of current litigation, or is it proving to be more limited, or perhaps even a hindrance?
Saturday, January 7
8:30 am – 10:15 am – SpeedMentoring – Sponsored by Section on Women in Legal Education.