Gender and the Law Prof Blog

Editor: Tracy A. Thomas
University of Akron School of Law

Wednesday, July 8, 2020

Gender Diversity and Diversity Fatigue: Shifting the Focus to Corporations and Systemic Solutions

Douglas Branson, Gender Diversity, Diversity Fatigue, and Shifting the Focus, 87 Geo. Wash. U. L. Rev. 1061 (2019)

The women’s movement has been with us for approximately 50 years. Women are airline pilots, police officers, engineers, fire fighters, physicians, and veterinarians. By contrast, the progress to corporate senior executive positions has been paltry, in fits and starts, at best in baby steps. Ascendant males would tell you that women have made no business case for increasing the number of female executives. In response, this Article contends that the focus, exclusively upon women themselves, is all wrong. The focus should be on corporations themselves, the employers, and not exclusively on aspiring women. Beyond lip service, corporations have done little, throwing a few dollars at STEM programs that may lead to a first or second position, but not to leadership roles. Information technology empirical studies show that of the measly 4.8% of executive positions women hold, only two are held by women with STEM degrees. All of the remaining 25 female executives have law or business degrees with MBAs predominating. The tech industry attempts to crowd out women completely, by hiring males from foreign countries who enter the United States with H1-B visas that allow them to stay for six years and often permanently. It is high time for corporations themselves to undertake concrete steps of the nature with which this Article concludes.

See also Douglas Branson, The Future of Tech is Female (2018)

The Future of Tech is Female considers the paradoxes involved in women’s ascent to leadership roles, suggesting industry-wide solutions to combat gender inequality. Drawing upon 15 years of experience in the field, Douglas M. Branson traces the history of women in the information technology industry in order to identify solutions for the issues facing women today. Branson explores a variety of solutions such as mandatory quota laws for female employment, pledge programs, and limitations on the H1-B VISA program, and grapples with the challenges facing women in IT from a range of perspectives.

Branson unpacks the plethora of reasons women should hold leadership roles, both in and out of this industry, concluding with a call to reform attitudes toward women in one particular IT branch, the video and computer gaming field, a gateway to many STEM futures. An invaluable resource for anyone invested in gender equality in corporate governance, The Future of Tech is Female lays out the first steps toward a more diverse future for women in tech leadership

July 8, 2020 in Books, Business, Technology, Workplace | Permalink | Comments (0)

Monday, July 6, 2020

Book Invisible Women: Data Bias in a Male World

  Caroline Criedo Perez, Invisible Women: Data Bias in a World Designed for Men

Data is fundamental to the modern world. From economic development, to healthcare, to education and public policy, we rely on numbers to allocate resources and make crucial decisions. But because so much data fails to take into account gender, because it treats men as the default and women as atypical, bias and discrimination are baked into our systems. And women pay tremendous costs for this bias, in time, money, and often with their lives.

Celebrated feminist advocate Caroline Criado Perez investigates the shocking root cause of gender inequality and research in Invisible Women​, diving into women’s lives at home, the workplace, the public square, the doctor’s office, and more. Built on hundreds of studies in the US, the UK, and around the world, and written with energy, wit, and sparkling intelligence, this is a groundbreaking, unforgettable exposé that will change the way you look at the world.

From Goodreads:

Imagine a world where your phone is too big for your hand, where your doctor prescribes a drug that is wrong for your body, where in a car accident you are 47% more likely to be seriously injured, where every week the countless hours of work you do are not recognised or valued. If any of this sounds familiar, chances are that you're a woman.

Invisible Women shows us how, in a world largely built for and by men, we are systematically ignoring half the population. It exposes the gender data gap – a gap in our knowledge that is at the root of perpetual, systemic discrimination against women, and that has created a pervasive but invisible bias with a profound effect on women’s lives.

Award-winning campaigner and writer Caroline Criado Perez brings together for the first time an impressive range of case studies, stories and new research from across the world that illustrate the hidden ways in which women are forgotten, and the impact this has on their health and well-being. From government policy and medical research, to technology, workplaces, urban planning and the media, Invisible Women reveals the biased data that excludes women. In making the case for change, this powerful and provocative book will make you see the world anew.
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July 6, 2020 in Books, Business, Gender, Healthcare, Science | Permalink | Comments (0)

Monday, June 1, 2020

New Book: Syndicate Women: Gender in Organized Crime

Chris Smith, Syndicate Women: Gender and Networks in Chicago Organized Crime

In Syndicate Women, sociologist Chris M. Smith uncovers a unique historical puzzle: women composed a substantial part of Chicago organized crime in the early 1900s, but during Prohibition (1920–1933), when criminal opportunities increased and crime was most profitable, women were largely excluded. During the Prohibition era, the markets for organized crime became less territorial and less specialized, and criminal organizations were restructured to require relationships with crime bosses. These processes began with, and reproduced, gender inequality. The book places organized crime within a gender-based theoretical framework while assessing patterns of relationships that have implications for non-criminal and more general societal issues around gender. As a work of criminology that draws on both historical methods and contemporary social network analysis, Syndicate Women centers the women who have been erased from analyses of gender and crime and breathes new life into our understanding of the gender gap.

June 1, 2020 in Books, Gender, Legal History | Permalink | Comments (0)

Tuesday, May 26, 2020

New Book: Presumed Incompetent II: Personal Narratives of Race, Class, Power, and Resistance of Women in Academia

Presumed Incompetent II:Race, Class, Power, and Resistance of Women in Academia

The courageous and inspiring personal narratives and empirical studies in Presumed Incompetent II: Race, Class, Power, and Resistance of Women in Academia name formidable obstacles and systemic biases that all women faculty—from diverse intersectional and transnational identities and from tenure track, terminal contract, and administrative positions—encounter in their higher education careers. They provide practical, specific, and insightful guidance to fight back, prevail, and thrive in challenging work environments. This new volume comes at a crucial historical moment as the United States grapples with a resurgence of white supremacy and misogyny at the forefront of our social and political dialogues that continue to permeate the academic world.

Contributors: Marcia Allen Owens, Sarah Amira de la Garza, Sahar Aziz, Jacquelyn Bridgeman, Jamiella Brooks, Lolita Buckner Inniss, Kim Case, Donna Castaneda, Julia Chang, Meredith Clark, Meera Deo, Penelope Espinoza, Yvette Flores, Lynn Fujiwara, Jennifer Gomez, Angela Harris, Dorothy Hines, Rachelle Joplin, Jessica Lavariega Monforti, Cynthia Lee, Yessenia Manzo, Melissa Michelson, Susie E. Nam, Yolanda Flores Niemann, Jodi O’Brien, Amelia Ortega, Laura Padilla, Grace Park, Stacey Patton, Desdamona Rios, Melissa Michal Slocum, Nellie Tran, Rachel Tudor, Pamela Tywman Hoff, Adrien Wing, Jemimah Li Young

For the first volume, see Presumed Incompetent: The Intersections of Race and Class for Women in Academia

May 26, 2020 in Books, Education, Race, Workplace | Permalink | Comments (0)

Tuesday, May 5, 2020

Call for Authors Feminist Judgments -- Rewritten Criminal Law Opinions

Call for Authors

Feminist Judgments: Rewritten Criminal Law Opinions

The U.S. Feminist Judgments Project seeks contributors of rewritten judicial opinions and commentary on those opinions for an edited collection entitled Feminist Judgments: Rewritten Criminal Law Opinions. This edited volume is part of a collaborative project among law professors and others to rewrite, from a feminist perspective, key judicial decisions. The initial volume, Feminist Judgments: Rewritten Opinions of the United States Supreme Court, edited by Kathryn M. Stanchi, Linda L. Berger, and Bridget J. Crawford, was published in 2016 by Cambridge University Press. Subsequent volumes in the series have focused on different courts and different subjects. This call is for contributions to a volume of criminal law decisions rewritten from a feminist perspective.

Feminist Judgments: Rewritten Criminal Law Opinion editors Sarah Deer, Corey Rayburn Yung, and Bennett Capers seek prospective authors to rewrite criminal law opinions covering a range of topics. With the help of an Advisory Committee, the editors have chosen a list of cases to be rewritten (as noted below). Potential authors are welcome to suggest other cases, though certain constraints (including a preference for avoiding cases that have already been or soon will be rewritten for other volumes in this series) may preclude their addition to the volume. We also seek authors to provide brief commentary on the original and rewritten cases.

Rewritten opinions may be reimagined majority opinions, dissents, or concurrences, as appropriate to the court. Feminist judgment writers will be bound by law and precedent in effect at the time of the original decision (with a 10,000-word maximum for the rewritten judgment). Commentators will explain the original court decision, how the feminist judgment differs from the original judgment, and what difference the feminist judgment might have made going forward (4,000-word maximum for the commentary). The volume editors conceive of feminism broadly and invite applications that seek to advance, complicate, or critique feminist ideas and advocacy. We are “big tent” and welcome all types of feminism, from liberal feminism to abolitionist feminism. We certainly welcome an intersectional analysis of cases where sex or gender played a role alongside racism, ableism, classism, and other concerns.

Those who are interested in rewriting an opinion or providing the commentary on one of the rewritten criminal law cases should email the volume editors (sarah.deer@ku.edu, coreyyung@ku.edu, and capers@fordham.edu) and put “Feminist Judgments: Rewritten Criminal Law Opinions” in the subject line. In the body of the email, please indicate whether you are interested in writing an opinion or providing a commentary, and specify one or more of the cases from the list below that you would like to rewrite or comment on. You are also free to suggest a case not listed.

Please note that the editors are committed to diversity in all of its forms, and committed to including a diverse group of authors in this volume. If you feel an aspect of your personal identity is important to your participation in this volume, please feel free to include that in your expression of interest.

Applications are due by June 1, 2020. The editors expect to notify accepted authors and commentators no later than July 1, 2020. First drafts of rewritten opinions will be due on October 1, 2020. First drafts of commentaries will be due on November 1, 2020.

List of cases:

  1. Oliphant v. Suquamish, 435 U.S. 191 (1978) (tribal criminal jurisdiction)
  2. Winnebago v. BigFire, 25 Indian L. Rptr 6229 (1998) (strict scrutiny for gender cases)
  3. Elonis v. United States, 575 U.S. 723 (2015) (threatening communications case)
  4. U.S. v. Nwoye, 824 F.3d 1129 (2016) (domestic violence/duress)
  5. Keeler v. Superior Ct of Amador Cnty, 470 P.2d 617 (Cal. 1970) (killing of fetus)
  6. Whitner v. State, 492 S.E.2d 777 (1977) (criminalizing prenatal activity)
  7. Coker v. Georgia, 433 US. 584 (1977) (death penalty and rape)
  8. McCleskey v. Kemp, 481 U.S. 279 (1987) (death penalty and race)
  9. People v. Berry, 556 P.2d 777 (1976) (provocation)
  10. Girouard v. State, 583 A.2d 718 (Md. 1991) (provocation)
  11. People v. Helen Wu, 286 Cal. Rptr. 868 (1991) (cultural defense)
  12. State v. Norman, 324 N.C. 253 (1989) (self-defense)
  13. State v. Rusk, 424 A.2d 720 (1981) (acquaintance rape)
  14. Massachusetts v. Blache, 880 N.E.2d 736 (Mass. 2008) (rape/intoxication)
  15. McQuirter v. State, 36 Ala. 707 (1953) (rape/race)
  16. State re M.T.S., 609 A.2d 1266 (N.J. 1992) (juveniles/rape)

May 5, 2020 in Books, Call for Papers, Constitutional | Permalink | Comments (0)

Wednesday, March 18, 2020

The Use of Sex as a Proxy for Interest in Predictive Algorithms

Deborah Hellman, Sex, Causation, and Algorithms: Equal Protection in the Age of Machine Learning,  98 Wash.U. L. Rev. (forthcoming 2020)

U.S. constitutional law prohibits the use of sex as a proxy for other traits in most instances. For example, the Virginia Military Institute [VMI] may not use sex as a proxy for having the “will and capacity” to be a successful student. At the same time, sex-based classifications are constitutionally permissible when they track so-called “real differences” between men and women. Women and men at VMI may be subject to different training requirements, for example. Yet, it is surprisingly unclear when and why some sex-based classifications are permissible and others not. This question is especially important to examine now as the use of predictive algorithms, some of which rely on sex-based classifications, is growing increasingly common. If sex is predictive of some trait of interest, may the state – consistent with equal protection – rely on an algorithm that uses a sex-based classification?

This Article presents a new normative principle to guide the analysis. I argue that courts ought to ask why sex is a good proxy for the trait of interest. If prior injustice is likely the reason for the observed correlation, then the use of the sex classification should be presumptively prohibited. This Anti-Compounding Injustice principle both explains and justifies current doctrine better than the hodge-podge of existing rules and concepts and provides a useful lens through which to approach new cases.

March 18, 2020 in Books, Business, Constitutional, Gender, Theory | Permalink | Comments (0)

Monday, March 9, 2020

New Book: Free Thinker, The Life of Helen Hamilton Gardner, the Lead Congressional Lobbyist for Women's Suffrage

Kimberly Hamlin, Free Thinker: Sex, Suffrage, and the Extraordinary Life of Helen Hamilton Gardner

A story of transgression in the face of religious ideology, a sexist scientific establishment, and political resistance to securing women’s right to vote.

 

When Ohio newspapers published the story of Alice Chenoweth’s affair with a married man, she changed her name to Helen Hamilton Gardener, moved to New York, and devoted her life to championing women’s rights and decrying the sexual double standard. She published seven books and countless essays, hobnobbed with the most interesting thinkers of her era, and was celebrated for her audacious ideas and keen wit. Opposed to piety, temperance, and conventional thinking, Gardener eventually settled in Washington, D.C., where her tireless work proved, according to her colleague Maud Wood Park, "the most potent factor" in the passage of the Nineteenth Amendment.

 

Free Thinker is the first biography of Helen Hamilton Gardener, who died as the highest-ranking woman in federal government and a national symbol of female citizenship. Hamlin exposes the racism that underpinned the women’s suffrage movement and the contradictions of Gardener’s politics. Her life sheds new light on why it was not until the passage of the 1965 Voting Rights Act that the Nineteenth Amendment became a reality for all women.

 

Celebrated in her own time but lost to history in ours, Gardener was hailed as the "Harriet Beecher Stowe of Fallen Women." Free Thinker is the story of a woman whose struggles, both personal and political, resound in today’s fight for gender and sexual equity.

March 9, 2020 in Books, Constitutional, Legal History | Permalink | Comments (0)

New Book: The Feminist War on Crime

Aya Gruber, The Feminist War on Crime: The Unexpected Role of Women's Liberation in Mass Incarceration 

Many feminists grapple with the problem of hyper-incarceration in the United States, and yet commentators on gender crime continue to assert that criminal law is not tough enough. This punitive impulse, prominent legal scholar Aya Gruber argues, is dangerous and counterproductive. In their quest to secure women’s protection from domestic violence and rape, American feminists have become soldiers in the war on crime by emphasizing white female victimhood, expanding the power of police and prosecutors, touting the problem-solving power of incarceration, and diverting resources toward law enforcement and away from marginalized communities.

 

Deploying vivid cases and unflinching analysis, The Feminist War on Crime documents the failure of the state to combat sexual and domestic violence through law and punishment. Zero-tolerance anti-violence law and policy tend to make women less safe and more fragile. Mandatory arrests, no-drop prosecutions, forced separation, and incarceration embroil poor women of color in a criminal justice system that is historically hostile to them. This carceral approach exacerbates social inequalities by diverting more power and resources toward a fundamentally flawed criminal justice system, further harming victims, perpetrators, and communities alike.

 

In order to reverse this troubling course, Gruber contends that we must abandon the conventional feminist wisdom, fight violence against women without reinforcing the American prison state, and use criminalization as a technique of last—not first—resort. 

The Feminist War on Crime by Aya Gruber

March 9, 2020 in Books, Race, Violence Against Women | Permalink | Comments (0)

Friday, February 28, 2020

Book Review: Hood Feminism and Seeking Intersectionality in the Women's Movement

Hood Feminism

NPR, "Hood Feminism" is a Call for Solidarity in a Less-Than-Inclusive Movement

If you're someone who claims the mantel of feminism, who believes in the innate equality of all genders, who thinks that solidarity among communities of women is a core component of the world you want to live in, I strongly encourage you to read Mikki Kendall's debut essay collection, Hood Feminism: Notes from the Women That a Movement Forgot. (Also, if you're not one of those someones, I really think you should read Hood Feminism.)

 

As the subtitle makes clear, Kendall's central thesis is that mainstream feminism in the United States has been anything but inclusive, despite being "a movement that draws much of its strength from the claim that it represents over half of the world's population." In prose that is clean, crisp, and cutting, Kendall reveals how feminism has both failed to take into account populations too often excluded from the banner of feminism and failed to consider the breadth of issues affecting the daily lives of millions of women.

 

Many of the book's essays focus on these overlooked issues, with chapters examining how gun violence, hunger, poverty, education, housing, reproductive justice, and more are all feminist issues.***

 

Securing that equality, Kendall argues, requires that women accept some inconvenient truths, specifically "the distinct likelihood that some women are oppressing others.... [W]hite women can oppress women of color, straight women can oppress lesbian women, cis women can oppress trans women, and so on." If feminism is to truly represent all women, it must resist the "tendency to assume that all women are experiencing the same struggles [which] has led us to a place where reproductive health imagery centers on cisgender able-bodied women to the exclusion of those who are trans, intersex, or otherwise inhabiting bodies that don't fit the narrow idea that genitalia dictates gender."

 

Those already familiar with Kendall as a leader in Black feminist thought won't be surprised that Hood Feminism is grounded in intersectionality, a term coined by Prof. Kimberlé Williams Crenshaw to reflect how race and gender combine to impact Black women in the criminal justice system. 

February 28, 2020 in Books, Pop Culture, Race, Theory | Permalink | Comments (0)

New Book: Abortion and the Law in America--Roe v. Wade to the Present

Mary Ziegler, Abortion and the Law in America: Roe v. Wade to the Present (Cambridge Univ. Press 2020)

With the Supreme Court likely to reverse Roe v. Wade, the landmark abortion decision, American debate appears fixated on clashing rights. The first comprehensive legal history of a vital period, Abortion and the Law in America illuminates an entirely different and unexpected shift in the terms of debate. Rather than simply championing rights, those on opposing sides battled about the policy costs and benefits of abortion and laws restricting it. This mostly unknown turn deepened polarization in ways many have missed. Never abandoning their constitutional demands, pro-choice and pro-life advocates increasingly disagreed about the basic facts. Drawing on unexplored records and interviews with key participants, Ziegler complicates the view that the Supreme Court is responsible for the escalation of the conflict. A gripping account of social-movement divides and crucial legal strategies, this book delivers a definitive recent history of an issue that transforms American law and politics to this day.

February 28, 2020 in Abortion, Books, Constitutional, Reproductive Rights, SCOTUS | Permalink | Comments (0)

Wednesday, February 19, 2020

New Book: Peggy Orenstein, Boys & Sex: Young Men on Hookups, Consent, and Navigating the New Masculinity

Vox, What is Going On with America's Boys?

Peggy Orenstein has spent much of her journalism career exploring the cultural forces that shape girlhood, revealing her insights in bestsellers such as Cinderella Ate My Daughter and Schoolgirls. But during her last book tour, she says, parents repeatedly asked her about boys. She realized she “needed to have the other half of the conversation.”

 

So for two years, Orenstein traveled across the country, interviewing 100 boys between the ages of 16 and 22.

 

While her work on girls has focused on the problematic disconnect they have with their bodies, Orenstein says her talks with young men illustrated “how boys are disconnected from their hearts, and how that affects their romantic relationships and sexual encounters.”

 

Her resulting book, Boys & Sex: Young Men on Hookups, Love, Porn, Consent, and Navigating the New Masculinity, examines relationships, consent, and a wide array of other issues related to boys’ emotional lives. And although her interviews began before Me Too, the movement only highlighted the urgency of these conversations.***

 

Excerpt: 

 

Q:  You’ve said that rigid masculine norms — such as dominance, aggression, wealth, athleticism, sexual conquest, and emotional suppression — are super-harmful to guys.

 

A: Peggy Orenstein

Boys cling to those norms. Why? Well, you know, they get rewarded for them. You can see in the culture — we have a president who is pretty darn rewarded for clinging to those norms right now — but those norms come at a tremendous cost.

 

As our culture has opened up to women, professionally and educationally, certain kinds of misogyny and sexism — particularly those that happen behind closed doors — have grown more entrenched. [Boys] are at risk of engaging in violence, of violence being done to them, of binge drinking, car accidents, self-harm, suicide, depression. They have fewer friends. They’re lonelier. I mean, it’s really not a pretty sight.

 

Boys wrestle with the taboo of vulnerability — either rejecting it, embracing it, denying it, or capitulating to it. When we cut people off from their ability to acknowledge, recognize, and express emotion, and particularly vulnerability, we not only undermine their basic humanity but we take away the thing that is essential.

February 19, 2020 in Books, Gender, Masculinities, Pop Culture | Permalink | Comments (0)

Friday, February 14, 2020

Book Review of Ellen Carol DuBois, Suffrage: Women's Long Battle for the Vote

Available on Amazon

 

Book Review, How Long Did We Wait?

What if, in the years after the Civil War, the United States Congress had heeded the advice of Elizabeth Cady Stanton and Susan B. Anthony and guaranteed universal suffrage as a basic condition of citizenship—for men and women—black and white? Had the democratic franchise been vastly expanded and administered by the federal government, might modern U.S. history have taken a different turn? Would the rights of all citizens have been safer, and the integrity of elections more secure? Would communities in states across the country be better protected against voter suppression today?

 

In her compelling new history of the U.S. women’s suffrage movement, Suffrage: Women’s Long Battle for the Vote, Ellen Carol DuBois asks us to ponder these provocative questions. Yet she is clear-sighted about how intractable the argument proved to be in its time, and how remote the prospect of women’s suffrage really was in a society governed by entrenched patriarchy and states’ rights.

 

America’s pioneers of racial and gender justice shared many common values and forged deep bonds during the 1850s. Stanton and Anthony participated as anti-slavery organizers, while Frederick Douglass, Sojourner Truth, Lucretia Mott and Lucy Stone endured criticism for supporting the campaign for women’s rights that began at Seneca Falls—not just the right to vote, but also to own property and accumulate wealth, to access higher education and profitable employment, and to marry and divorce freely.

 

Such an expansive human rights vision, however, found no place in the aftermath of a bloody war to defend the union and eradicate slavery.

February 14, 2020 in Books, Constitutional, Legal History | Permalink | Comments (0)

Thursday, February 6, 2020

Book Symposium: The Common Law Inside the Female Body

Symposium Book Discussion: The Common Law Inside the Female Body by Anita Bernstein

Symposium Contributors: Bridget J. Crawford, David S. Cohen, Joanna L. Grossman, Cyra Akila Choudhury, Margaret Chon, Maritza I. Reyes, Teri A. McMurtry-Chubb, Anita Bernstein

The Common Law Inside the Female Body: In The Common Law Inside the Female Body, Anita Bernstein explains why lawyers seeking gender progress from primary legal materials should start with the common law. Despite its reputation for supporting conservatism and inequality, today’s common law shares important commitments with feminism, namely in precepts and doctrines that strengthen the freedom of individuals and from there the struggle against the subjugation of women. By re-invigorating both the common law – with a focus on crimes, contracts, torts, and property – and feminist jurisprudence, this highly original work anticipates a vital future for a pair of venerable jurisprudential traditions. It should be read by anyone interested in understanding how the common law delivers an extraordinary degree of liberty and security to all persons – women included.

February 6, 2020 in Abortion, Books, Gender, Theory | Permalink | Comments (0)

Wednesday, January 29, 2020

New Book: Obstacle Course: The Everyday Struggle to Get an Abortion in America

David Cohen & Carole Joffe, Obstacle Course: The Everyday Struggle to Get an Abortion in America (Introduction)  

Obstacle Course by David S. Cohen, Carole Joffe

Book available here.

It seems unthinkable that citizens of one of the most powerful nations in the world must risk their lives and livelihoods in the search for access to necessary health care. And yet it is no surprise that in many places throughout the United States, getting an abortion can be a monumental challenge. Anti-choice politicians and activists have worked tirelessly to impose needless restrictions on this straightforward medical procedure that, at best, delay it and, at worst, create medical risks and deny women their constitutionally protected right to choose.

This forthcoming book tells the story of abortion in America, capturing a disturbing reality of insurmountable barriers people face when trying to exercise their legal rights to medical services. Authors David S. Cohen and Carole Joffe lay bare the often arduous and unnecessarily burdensome process of terminating a pregnancy: the sabotaged decision-making, clinics in remote locations, insurance bans, harassing protesters, forced ultrasounds and dishonest medical information, arbitrary waiting periods, and unjustified procedure limitations.

Based on patients’ stories as well as interviews with abortion providers and allies from every state in the country, Obstacle Course reveals the unstoppable determination required of women in the pursuit of reproductive autonomy as well as the incredible commitment of abortion providers. Without the efforts of an unheralded army of medical professionals, clinic administrators, counselors, activists, and volunteers, what is a legal right would be meaningless for the almost one million people per year who get abortions. There is a better way—treating abortion like any other form of health care—but the United States is a long way from that ideal.

January 29, 2020 in Abortion, Books, Healthcare, Legal History | Permalink | Comments (0)

Friday, January 17, 2020

New Book: Work, Parenting and Inequality--Workplace Laws and Policies from 1898 to 2018

Candace-Saari-Kovacic-Fleischer, Work, Parenting and Inequality: Workplace Laws and Policies from 1898 to 2018

Work, Parenting and Inequality: Workplace Laws and Policies from 1898 to 2018 considers whether laws in the United States make it difficult for people to be employees and parents at the same time. The book covers constitutional law, employment law, social security law, poverty law, discrimination law, disability law, and veterans law in historical context beginning with the 1890s. To do this, the book includes copies of primary sources—reports, bills, laws as originally passed, signing statements, amendments, and bills not passed—and court cases arranged chronologically by topic. Because the book focuses on policies and consequences of laws, it explains how to understand each law before introducing it in statutes and cases. Thus, it is intended that the book be a reference for people in a variety of disciplines.

January 17, 2020 in Books, Equal Employment, Family | Permalink | Comments (0)

Tuesday, January 7, 2020

Dads as Allies for the Next Generation of Gender Equality

Michelle Travis (University of San Francisco School of Law) has just published a new book, Dads For Daughters: How Fathers Can Give Their Daughters a Better, Brighter, Fairer Future. It's available for pre-order on Amazon and is launching a the end of January from Mango Publishers. Here's the abstract:

 

For decades, women have been breaking down barriers, cracking the glass ceiling, and proving and re-proving themselves. Yet our next generation of girls is still growing up in a profoundly unequal world. It's time to expand our efforts and accelerate our progress toward equality. To do that, we need more men to get involved.

 

Dads For Daughters is an invitation for more to join the fight for women's rights. Inspired by their daughters, fathers are uniquely positioned to become powerful allies for girls and women. But in a post-#MeToo world, it can be difficult for men to step in and speak up. Despite these challenges, many men are still coming forward as ready, willing, and able supporters, who want to learn more about becoming part of the solution. That's where Dads For Daughters can help. This book arms fathers with the data they need to advocate for gender equality. It also provides role models by sharing inspiring stories of dads of daughters who have already had an impact. Most importantly, it offers concrete strategies and expert advice for how more men can get involved.

 

In this book, dads of daughters will find a wide range of options for where to focus their energy--from mentoring women to equalizing pay, from sports fields to science labs, from building empathy to combating gender bias, from boardrooms to ballot boxes. With every small step, dads have the power to make incredible change and support the progress of girls and women in their families, workplaces, and communities.

 

Dads For Daughters also offers women a practical guide for recruiting passionate men into action. It highlights successful strategies for working with men to support girls and women, along with resources for engaging men in gender equality initiatives. Women and men are stronger working together. Together, we can create a more successful future for all of our daughters to thrive.

 

 

January 7, 2020 in Books, Family, Gender | Permalink | Comments (0)

Monday, November 25, 2019

Book on Domestic Violence "No Visible Bruises," One of NY Times Top 10 Books of 2019

NYT, The 10 Best Books of 2019

NO VISIBLE BRUISES
What We Don’t Know About Domestic Violence Can Kill Us
By Rachel Louise Snyder

Snyder’s thoroughly reported book covers what the World Health Organization has called “a global health problem of epidemic proportions.” In America alone, more than half of all murdered women are killed by a current or former partner; domestic violence cuts across lines of class, religion and race. Snyder debunks pervasive myths (restraining orders are the answer, abusers never change) and writes movingly about the lives (and deaths) of people on both sides of the equation. She doesn’t give easy answers but presents a wealth of information that is its own form of hope.

Full Review: An Epidemic of Violence We Never Discuss

***As Rachel Louise Snyder argues in her powerful new book, domestic violence has reached epidemic proportions in the United States. Fifty women a month are shot and killed by their partners. Domestic violence is the third leading cause of homelessness. And 80 percent of hostage situations involve an abusive partner. Nor is it only a question of physical harm: In some 20 percent of abusive relationships a perpetrator has total control of his victim’s life. (Countries including Britain and France have laws to protect against this kind of abuse, but the United States does not.)

 

A professor of creative writing at American University, Snyder exposes this hidden crisis by combining her own careful analysis with deeply upsetting and thoughtfully told accounts of victims. She rounds out the reporting by interviewing advocates working on the front lines and, even, the abusers themselves.

November 25, 2019 in Books, Violence Against Women | Permalink | Comments (0)

Tuesday, November 5, 2019

New Book: Gender, Power, Law & Leadership

      Hannah Brenner & Renee Knake, Gender, Power, Law & Leadership (West. 2019) (1st edition)

Women enter the professions in numbers equal to men but comprise only a fraction of leadership roles in politics, the judiciary, law firms, the corporate world, higher education and beyond. Women of color fare even worse. Written in direct response to this glaring inequality, Gender, Power, Law & Leadership offers a new, innovative approach to address and remedy enduring gender disparities.

Essential reading for anyone aspiring to a leadership role, the book exposes readers to intersections of gender, race, class, power and law through both historical and contemporary works. It also explores post-feminism discrimination ignored by the modern legal system, including the glass cliff, shortlisting, emotional taxation, admin burdens, work wife syndrome, gender sidelining, imposter syndrome and other gender-based barriers.

The book is designed for a semester-long course in law school and higher education classrooms. Each of the nine chapters weaves together excerpts of cases and articles designed to facilitate discussion based upon carefully crafted thought questions. Narratives about transformative women leaders appear throughout to educate, inspire, and mentor students. The conclusion offers concrete guidance for readers to apply in their educational and professional lives as they pursue leadership paths, and proposes reforms to create a world of leaders who reflect the public they serve.

Imprint: West Academic Publishing
Series: American Casebook Series
Publication Date: 10/28/2019

November 5, 2019 in Books | Permalink | Comments (0)

Wednesday, October 2, 2019

New Books: The Preacher's Wife on Women's Search for Spiritual Authority

Kate Bowler, The Preacher's Wife: The Precarious Power of Evangelical Women Celebrities

Whether standing alone or next to their husbands, the leading women of megaministry play many parts: the preacher, the homemaker, the talent, the counselor, and the beauty. Boxed in by the high expectations of modern Christian womanhood, they follow and occasionally subvert the visible and invisible rules that govern the lives of evangelical women, earning handsome rewards or incurring harsh penalties. They must be pretty, but not immodest; exemplary, but not fake; vulnerable to sin, but not deviant. And black celebrity preachers' wives carry a special burden of respectability. But despite their influence and wealth, these women are denied the most important symbol of spiritual power―the pulpit.

The story of women who most often started off as somebody's wife and ended up as everyone's almost-pastor, The Preacher's Wife is a compelling account of women's search for spiritual authority in the age of celebrity. 

October 2, 2019 in Books, Family, Gender, Media, Pop Culture, Religion | Permalink | Comments (0)

Tuesday, October 1, 2019

Book Review: The Transformation of Title IX and the Success of the Administrative State

Samuel Bagenstos, This is What Democracy Looks Like: Title IX and the Legitimacy of the Administrative State, Michigan Law Review, Vol. 118, No. 6, 2020

We are, once again, in the middle of a battle over the legitimacy of the administrative state. An increasingly vocal band of scholars criticizes administrative agencies as unaccountable, elitist, captured, and implementing bad policy. The more populist elements of the Trump Administration’s rhetoric have taken this critique to a broader audience, to great political effect. Though the picture is complex, the Roberts Court has appeared sympathetic to important aspects of the critique. Agencies enforcing civil rights laws — and particularly the Department of Education’s Office for Civil Rights (OCR) — have been a principal target of the critics of the administrative state.

With The Transformation of Title IX, R. Shep Melnick steps into this fight — and he takes the side of those who find OCR’s actions illegitimate. Melnick focuses particularly on three especially controversial contexts in which the courts and OCR have applied the statute: intercollegiate athletics, campus sexual harassment and assault, and the treatment of transgender students in elementary and secondary schools. He argues that OCR and the courts have, through a process of “institutional leapfrogging,” steadily adopted more and more intrusive rules governing educational entities. He contends that these rules are highly contestable and neither specifically required by the statutory text nor envisioned by the statute’s drafters. But, he argues, the leapfrogging process — in which the agency pushes forward, then the courts go a bit farther than the agency, then the agency goes even a bit farther, and so on — has enabled these massive innovations in the law to fly under the radar and evade democratic checks or debate.

This piece reviews The Transformation of Title IX. The book offers an important take on some issues of high public salience. It reflects a detailed immersion in the operations of OCR, as well as a strong understanding of the legal-doctrinal issues. But the book’s thesis is fundamentally misguided. OCR has not subverted or evaded democracy. Rather, the agency has served as a catalyst for democratic debate, a forum in which that debate has played out, and an implementer of the will of the people. The Title IX experience rather supports the claim made by some scholars that administrative agencies can be a key locus of democratic deliberation over the scope of basic rights.

October 1, 2019 in Books, Education, Sports | Permalink | Comments (0)