Tuesday, May 14, 2024

New Book, Fair Shake: Women and the Fight to Build a Fair Economy

Naomi Cahn, June Carbone & Nancy Levit, Fair Shake: Women and the Fight to Build a Fair Economy (Simon & Schuster 2024)

In an era of supposed great equality, women are still falling behind in the workplace. Even with more women in the workforce than in decades past, wage gaps continue to increase. It is the most educated women who have fallen the furthest behind. Blue-collar women hold the most insecure and badly paid jobs in our economy. And even as we celebrate high-profile representation—women on the board of Fortune 500 companies and our first female vice president—women have limited recourse when they experience harassment and discrimination.

Fair Shake: Women and the Fight to Build a Just Economy explains that the system that governs our economy—a winner-take-all economy—is the root cause of these myriad problems. The WTA economy self-selects for aggressive, cutthroat business tactics, which creates a feedback loop that sidelines women. The authors, three legal scholars, call this feedback loop “the triple bind”: if women don’t compete on the same terms as men, they lose; if women do compete on the same terms as men, they’re punished more harshly for their sharp elbows or actual misdeeds; and when women see that they can’t win on the same terms as men, they take themselves out of the game (if they haven’t been pushed out already). With odds like these stacked against them, it’s no wonder women feel like, no matter how hard they work, they can’t get ahead.

Fair Shake is not a “fix the woman” book; it’s a “fix the system” book. It not only diagnoses the problem of what's wrong with the modern economy, but shows how, with awareness and collective action, we can build a truly just economy for all.

May 14, 2024 in Books, Equal Employment, Workplace | Permalink | Comments (0)

Wednesday, May 1, 2024

New Book, Father Time, How and Why Men are Biologically Transformed When They Care for Babies

Sarah Blaffer Hrdy, Father Time: A Natural History of Men and Babies

A sweeping account of male nurturing, explaining how and why men are biologically transformed when they care for babies

It has long seemed self-evident that women care for babies and men do other things. Hasn’t it always been so? When evolutionary science came along, it rubber-stamped this venerable division of labor: mammalian males evolved to compete for status and mates, while females were purpose-built to gestate, suckle, and otherwise nurture the victors’ offspring. But come the twenty-first century, increasing numbers of men are tending babies, sometimes right from birth. How can this be happening? Puzzled and dazzled by the tender expertise of new fathers around the world—several in her own family—celebrated evolutionary anthropologist and primatologist Sarah Blaffer Hrdy set out to trace the deep history of male nurturing and explain a surprising departure from everything she had assumed to be “normal.”

In Father Time, Hrdy draws on a wealth of research to argue that this ongoing transformation in men is not only cultural, but profoundly biological. Men in prolonged intimate contact with babies exhibit responses nearly identical to those in the bodies and brains of mothers. They develop caring potential few realized men possessed. In her quest to explain how men came to nurture babies, Hrdy travels back through millions of years of human, primate, and mammalian evolution, then back further still to the earliest vertebrates—all while taking into account recent economic and social trends and technological innovations and incorporating new findings from neuroscience, genetics, endocrinology, and more. The result is a masterful synthesis of evolutionary and historical perspectives that expands our understanding of what it means to be a man—and what the implications might be for society and our species.

May 1, 2024 in Books, Family, Gender, Masculinities | Permalink | Comments (0)

Wednesday, April 24, 2024

Book Review, Kerri Stone's, Panes of the Glass Ceiling

Rona Kaufman Kitchen, Feminist Legal Theory and Stone's Panes of the Glass Ceiling, 17 FIU L. Rev. 771 (2023).

In her book, Panes of the Glass Ceiling: The Unspoken Beliefs Behind the Law’s Failure to Help Women Achieve Professional Parity, Professor Kerri Lynn Stone explores and deconstructs the many practical reasons why women have been unable to achieve equality in employment. Professor Stone painstakingly deconstructs the belief systems that underlie the American workplace and the path to professional success to reveal many of the nuanced reasons why women, despite their education, skill, and commitment to the workforce, continue to struggle to achieve professional success comparative to men. Stone insightfully explains why women continue to experience irremediable discrimination in employment almost sixty years after Congress outlawed sex discrimination in employment. Stone’s book is a long overdue deconstruction and indictment of the toxic masculinity and seemingly benign social norms that pervade workplace culture and its negative impact on women and equality. Her book is geared toward an audience that wants to understand the problems women face in employment today and solve those problems. While she provides historical context for many of the beliefs that ground the panes of the glass ceiling, her focus is not on theory or history. It is a book about the reality of 2022 and a map for how to shift that reality in 2023 and beyond.

This book review seeks to provide deeper grounding for Stone’s panes of the glass ceiling by placing her work in the broader historical and theoretical context of feminism, the women’s movement, and the history of women in the American labor force. This discussion proceeds in three parts. Part I provides the historical context for discrimination against women in the American workplace and anti-discrimination law by tracing the evolution of the modern women’s movement and the history of women’s participation in the labor force. Part II discusses Professor Kerri Stone’s panes of the glass ceiling and places each pane in theoretical context. Part III concludes with a brief discussion of how Stone’s articulation of the panes or the glass ceiling and her suggestions for reform contribute to the ongoing feminist legal theory discourse.

April 24, 2024 in Books, Equal Employment, Theory | Permalink | Comments (0)

Thursday, April 11, 2024

Book Review, Not Everything is About Gender, Reviewing Judith Butler's New Book

Katha Pollitt, Books: Not Everything is About Gender, Atlantic

udith butler, for many years a professor of rhetoric and comparative literature at UC Berkeley, might be among the most influential intellectuals alive today. Even if you have never heard of them (Butler identifies as nonbinary and uses they/them pronouns), you are living in their world, in which babies are “assigned” male or female at birth, and performativity is, at least on campus, an ordinary English word. Butler’s breakout 1990 book, Gender Trouble, argued that biological sex, like gender, is socially constructed, with its physical manifestations mattering only to the degree society assigns them meaning. The book is required reading in just about every women’s-, gender-, or sexuality-studies department. Butler has won a raft of international honors and been burned in effigy as a witch in Brazil. How many thinkers can say as much? ***

The central idea of Who’s Afraid of Gender? is that fascism is gaining strength around the world, and that its weapon is what Butler calls the “phantasm of gender,” which they describe as a confused and irrational bundle of fears that displaces real dangers onto imaginary ones. Instead of facing up to the problems of, for example, war, declining living standards, environmental damage, and climate change, right-wing leaders whip up hysteria about threats to patriarchy, traditional families, and heterosexuality. And it works, Butler argues: “Circulating the phantasm of ‘gender’ is also one way for existing powers—states, churches, political movements—to frighten people to come back into their ranks, to accept censorship, and to externalize their fear and hatred onto vulnerable communities.” ***

In the United States, this politicized use of the word gender itself has not caught on as it has in much of the world, where, as an English word for which many languages have no equivalent, it is often used to attack feminism and LGBTQ rights as foreign imports. Still, as Butler notes, America’s Christian fundamentalists and far-right Republicans are fervently in the anti-gender vanguard, whether or not these groups actually use the word gender.

April 11, 2024 in Books, Gender, Scholarship, Theory | Permalink | Comments (0)

Book Review, Not Everything is About Gender, Reviewing Judith Butler's New Book

Katha Pollitt, Books: Not Everything is About Gender, Atlantic

udith butler, for many years a professor of rhetoric and comparative literature at UC Berkeley, might be among the most influential intellectuals alive today. Even if you have never heard of them (Butler identifies as nonbinary and uses they/them pronouns), you are living in their world, in which babies are “assigned” male or female at birth, and performativity is, at least on campus, an ordinary English word. Butler’s breakout 1990 book, Gender Trouble, argued that biological sex, like gender, is socially constructed, with its physical manifestations mattering only to the degree society assigns them meaning. The book is required reading in just about every women’s-, gender-, or sexuality-studies department. Butler has won a raft of international honors and been burned in effigy as a witch in Brazil. How many thinkers can say as much? ***

The central idea of Who’s Afraid of Gender? is that fascism is gaining strength around the world, and that its weapon is what Butler calls the “phantasm of gender,” which they describe as a confused and irrational bundle of fears that displaces real dangers onto imaginary ones. Instead of facing up to the problems of, for example, war, declining living standards, environmental damage, and climate change, right-wing leaders whip up hysteria about threats to patriarchy, traditional families, and heterosexuality. And it works, Butler argues: “Circulating the phantasm of ‘gender’ is also one way for existing powers—states, churches, political movements—to frighten people to come back into their ranks, to accept censorship, and to externalize their fear and hatred onto vulnerable communities.” ***

In the United States, this politicized use of the word gender itself has not caught on as it has in much of the world, where, as an English word for which many languages have no equivalent, it is often used to attack feminism and LGBTQ rights as foreign imports. Still, as Butler notes, America’s Christian fundamentalists and far-right Republicans are fervently in the anti-gender vanguard, whether or not these groups actually use the word gender.

April 11, 2024 in Books, Gender, Scholarship, Theory | Permalink | Comments (0)

Wednesday, April 3, 2024

Book, Diagnosis Female: How Medical Bias Endangers Women's Health

This week in my Law & Gender seminar, we have been discussing gender discrimination in medical research and treatment. We came across this book that provided a good basis for discussion.

Emily Dwass, Diagnosis Female: How Medical Bias Endangers Women's Health (2019)

Why do so many women have trouble getting effective and compassionate medical treatment? Diagnosis Female examines this widespread problem, with a focus on misdiagnosis and gender bias. The book zeroes in on specialties where women are more likely to encounter particularly troubling roadblocks: cardiology, neurology, chronic diseases and obstetrics/gynecology. All too often, when doctors can’t figure out what is going on, women receive a diagnosis from the “all in her head” column — this pattern is even worse for women of color, who may face significant challenges in medical settings.

Throughout the work, Emily Dwass profiles women whose stories illustrate how medical practitioners often dismiss their claims or disregard their symptoms. Because women were excluded from important medical research for centuries, doctors don’t always recognize that male symptoms and female symptoms can vary from issue to issue. Even today, most diagnostic tests and treatment plans are based on studies done on men. Throughout the book, women state that their voices do not matter, or worse, their concerns are greeted with skepticism or simply ignored when they seek help. The results can be devastating and long-lasting.

Examining the bias inherent in the system, Dwass offers measures women can take to protect their health and receive better care. She offers advice, too, for the medical community in addressing the problem, so that outcomes can improve all around

 

April 3, 2024 in Books, Healthcare | Permalink | Comments (0)

Monday, April 1, 2024

New Book about Bias and Discrimination in Women's Healthcare Published by Mayo Clinic Press: "Sex Cells"

The Mayo Clinic Press has published "Sex Cells: The Fight to Overcome Bias and Discrimination in Women’s Healthcare" by Phyllis E. Greenberger, M.S.W. with Kalia Doner. Here is a description of the book: 

This book gives readers access to the wide world of sex-specific medical issues as they play out in the research labs and doctor’s offices, and how women pay the price, with a close look at the impact that has on minority populations.

It has been challenging to get individual researchers and practitioners to accept this, as well as research and medical institutions, and manufacturers of medications and devices. The journey towards equal treatment and the understanding of sex and gender differences in prevention, diagnosis and treatment is still unfolding. This book is the story of that journey—why it was, and still is, so important to do research specific to women/females.

The story is told by Phyllis Greenberger—the woman who is recognized as the driving force for change over the past 25 years—and her allies in government, NGOs, academia, medical research, the US government, and public health advocacy. The array of experts who have contributed to the book offer an insiders’ up-close view of the battle to have female cells, lab animals and humans brought into medical research, so that women can receive treatment that is appropriate and effective for a wide range of conditions.

Told with humor, ferocity and passion, Sex Cells appeals to anyone interested in health, women’s rights, and public health policy.

April 1, 2024 in Books, Gender, Healthcare, Science | Permalink | Comments (0)

Monday, March 25, 2024

Forthcoming Book on "The Feminist Legislation Project"

A new book is available for pre-orders now, The Feminist Legislation Project: Rewriting Laws for Gender-Based Justice. The book is edited by Becky Batagol, Kate Seear, Heli Askola, and Jamie Walvisch. It will be released in July 2024. The legislation is Australian-based with global applicability. Here is a summary: 

In this book, leading law academics along with lawyers, activists and others demonstrate what legislation could look like if its concern was to create justice for women.

Each chapter contains a short piece of legislation - proposed in order to address a contemporary legal problem from a feminist perspective. These range across criminal law (sexual offences, Indigenous women's experiences of criminal law, laws in relation to forced marriage, modern slavery, childcare and sentencing), civil law (aged care and housing rights, regulating the gig economy; surrogacy, gender equity in the construction industry) and constitutional law (human rights legislation, reimagining parliaments where laws are made for the benefit of women). The proposed laws are, moreover, drafted with feedback from a senior parliamentary draftsperson (providing guidance to contributors in a personal capacity), to ensure conformity with legislative rigour, as well as accompanied by an explanation of their reasons and their aims. Although the legislation is Australian-based, the issues raised by each are recognisably global, and are reflected in the legislation of most other nations.

This first feminist legislation project will appeal to scholars of feminist legal studies, gender and the law, gender studies and others studying or working in relevant legal areas.

March 25, 2024 in Books, Gender, International, Legislation, Theory | Permalink | Comments (0)

Thursday, March 21, 2024

New Book, Social Movements and the Law--Talking About Black Lives Matter and #MeToo

Lolita Buckner Innis & Bridget Crawford, Social Movements and the Law: Talking About Black Lives Matter and #MeToo
University of California Press (forthcoming 2024)

Black Lives Matter and #MeToo are two of the most prominent social movements of the U.S. in the twenty-first century. On the ground and on social media, in reality and virtuality, more people have taken an active stance in support of either or both movements than almost any other in the country’s history. Social Movements and the Law brings together the voices of twelve scholars and public intellectuals to explore how Black Lives Matter and #MeToo unfolded—separately and together—and how they enrich, inform, and complicate each other. Structured in dialogues, this book shows—rather than tells—how people with different perspectives can engage with open minds and a generosity of spirit. Each chapter begins with an introduction from the editors and includes informative text boxes, illustrations, and discussion questions. This accessible guide to this increasingly influential area of the law centers a rich intersectional analysis of the two social movements and aids readers in further reflection and conversation. It is especially timely given the heightened public attention—both negative and positive—to the broader scholarly study of human social behavior and interaction.

The dialogue participants are Lolita Buckner Inniss, Bridget J. Crawford, Mehrsa Baradaran, Noa Ben-Asher, Bennett I. Capers, Linda S. Greene, Aya Gruber, Osamudia James, Keisha Lindsay, Ruthann Robson, Kathryn M. Stanchi, and Lua Kamál Yuille.

Included here are a short abstract, the table of contents for the book, and the editors’ introductory chapter. The book will be available for pre-order from the University of California Press in April, 2024.

March 21, 2024 in Books, Constitutional, Equal Employment, Race, Scholarship | Permalink | Comments (0)

Monday, March 11, 2024

New Volume of "Feminist Judgments Rewritten" Published in Immigration Law

The "Feminist Judgments Project" has published another volume in its Cambridge University Press series. This volume, titled Feminist Judgments: Immigration Law Opinions Rewritten was edited by Kathleen Kim, Kevin Lapp and Jennifer Lee. Here is the book's description: 

This volume, part of the Feminist Judgment Series, shows how feminist legal theory along with critical race theory and intersectional modes of critique might transform immigration law. Here, a diverse collection of scholars and lawyers bring critical feminist, race, and intersectional insights to Supreme Court opinions. Feminist reasoning values the perspectives of outsiders, exposes the deep-rooted bias in the legal opinions of courts, and illuminates the effects of ostensibly neutral policies that create and maintain oppression and hierarchy. One by one, the chapters reimagine the norms that drive immigration policies and practices. In place of discrimination and subordination, the authors demand welcome and equality. Where current law omits the voice and stories of noncitizens, the authors center their lives and experiences. Collectively, they reveal how a feminist vision of immigration law could center a commitment to equality and justice and foster a country where diverse newcomers readily flourish with dignity.

March 11, 2024 in Books, Theory | Permalink | Comments (0)

Wednesday, February 21, 2024

New Book: Inclusive Socratic Teaching

New book from my co-editor on the Gender & Law Blog. 

Inclusive Socratic Teaching by Jamie R. Abrams

Jamie Abrams, Inclusive Socrative Teaching: Why Law Schools Need it and How to Achieve It (U.C. Press June 2024)

For more than fifty years, scholars have documented and critiqued the marginalizing effects of the Socratic teaching techniques that dominate law school classrooms. In spite of this, law school budgets, staffing models, and course requirements still center Socratic classrooms as the curricular core of legal education. In this clear-eyed book, law professor Jamie R. Abrams catalogs both the harms of the Socratic method and the deteriorating well-being of modern law students and lawyers, concluding that there is nothing to lose and so much to gain by reimagining Socratic teaching. Recognizing that these traditional classrooms are still necessary sites to fortify and catalyze other innovations and values in legal education, Inclusive Socratic Teaching provides concrete tips and strategies to dismantle the autocratic power and inequality that so often characterize these classrooms. A galvanizing call to action, this hands-on guide equips educators and administrators with an inclusive teaching model that reframes the Socratic classroom around teaching techniques that are student centered, skills centered, client centered, and community centered

 

February 21, 2024 in Books, Education, Law schools | Permalink | Comments (0)

Thursday, January 18, 2024

Book Review, In Pursuit of Collective Liberation in Feminist Constitutionalism

Yvette Butler, In Pursuit of Collective Liberation in Feminist Constitutionalism, 122(6) Mich. Law Rev. ___ (April 2024, Forthcoming).

Julie Suk’s book, After Misogyny responds to the tension between present day misogyny and the overarching gains women have made in American society. She does this by explaining that misogyny is not merely about physical violence toward women or hatred of women. Instead, she reframes misogyny as societal over-entitlement to women’s labor and men’s over-empowerment in the eyes of the law. Over-entitlement stems from the substantial benefits individual men and society reap from women—including their reproductive labor—without just compensation. Over-empowerment is about the explicit legal enforcement of that entitlement. Suk explores over-entitlement through the legal claim of unjust enrichment to describe how men and society have benefitted from women’s labor. She then ends on a recommendation to use the Takings Clause to remedy use of women’s reproductive capacities without compensation.

Throughout the book, Suk uses a variety of stories to illustrate her concepts. As someone who writes about epistemology within the critical race theory tradition, in particular, I found this use of narrative particularly enjoyable. Narrative is a particularly important and powerful way to understand how constitutional theory and law are shaped. The goal of reframing narratives and reinterpreting a constitution is to transform the rights and duties between people and the state. According to Suk, such a transformation is necessary to remedy societal over-empowerment. The result of that transformation: misogyny collapses and becomes democracy. Only through this transformation do women become equal citizens.

While I enjoyed Suk’s book and these transformative goals, portions of it gave me pause. Suk’s suggestions fall short of the radical transformations required to truly advance Collective Liberatory goals. As discussed in Section III.B., Collective Liberation seeks to avoid viewing justice as a zero-sum game. Instead, Collective Liberation acknowledges the interconnectedness of struggles against subordination. In my view, it counsels striving for the best version of justice – one that is truly transformative and does not merely shift scraps of rights between groups through reformist reforms. This issue will be the focus of this Review. Suk’s work is helpful for articulating reforms, but her recommendations could go even further. She seems to fall into the same trap of proposing reformist reforms that have the potential to perpetuate, rather than help address, gender injustice.

Ultimately, I see Suk’s book as an important contribution because her concepts of over-entitlement and over-empowerment can easily be applied to other issues. I have already recommended her book to several people when I have noticed that an entitlement/empowerment framing may be useful to their analysis. While prospective readers should not glean too much hope from the title—misogyny and the patriarchy are still alive and well—Suk’s book provides important guidance as to what misogyny really is and how to address it more effectively.

January 18, 2024 in Books, Constitutional, Theory | Permalink | Comments (0)

Tuesday, December 12, 2023

Feminist Judgments: Immigration Opinions Rewritten

Kathleen Kim, Kevin Lapp & Jennifer Lee, Feminist Judgments: Immigration Opinions Rewritten (Introduction),  
Feminist Judgments: Immigration Law Opinions Rewritten , pp. 1 - 14, Cambridge University Press, 2023

This volume, part of the Feminist Judgment Series, shows how feminist legal theory along with critical race theory and intersectional modes of critique might transform immigration law. Here, a diverse collection of scholars and lawyers bring critical feminist, race, and intersectional insights to Supreme Court opinions. Feminist reason values the perspectives of outsiders, exposes the deep-rooted bias in the legal opinions of courts, and illuminates the effects of ostensibly neutral policies that create and maintain oppression and hierarchy. One by one, the chapters reimagine the norms that drive immigration policies and practices. In place of discrimination and subordination, the authors demand welcome and equality. Where current law omits the voice and stories of noncitizens, the authors center their lives and experiences. Collectively, they reveal how a feminist vision of immigration law could center a commitment to equality and justice and foster a country where diverse newcomers readily flourish with dignity.

December 12, 2023 in Books, International, Theory | Permalink | Comments (0)

Thursday, November 2, 2023

New Books "Young and Restless," A Legal History of Young Women's Role as Forces of Change

The orange cover shows a pixilated image of faces and raised fists. The text is violet.

Book Review: "Young and Restless" by Mattie Kahn

Girls to the Front!  In “Young and Restless,” Mattie Kahn returns young women and girls to their rightful role in the history books: as forces for change.

And although it is not the aim of a historical survey to be prescriptive, heartening inspiration can be found in “Young and Restless,” Mattie Kahn’s thoroughgoing examination of the role of young women and girls in America’s uprisings.

Her subjects have agitated on behalf of labor and voting rights, racial dignity and equality, sexual and reproductive freedom, freedom of speech and against climate change. The solutions she illustrates include objecting, resisting — and, yes, acting up, rather than sinking into sadness and accepting the unacceptable. By taking direct action in the service of shared values, in alliance with beloved communities for a better future, girls throughout American history have discovered a sense of personal agency, often during eras when their opportunities were sharply circumscribed. Sometimes they even changed history.

Kahn, whose stated aim is to write girls back into the historical record, also considers her subjects’ lives before and after their time in the trenches. Many of the young women who took on activist roles — especially those who lived before the mid-20th century — faced intense blowback, even as they inspired others to their causes. The book also examines the place of childhood itself as a battleground on which America’s culture wars have historically been fought.

The author maintains an admirable ability to complicate her own assertions — girls have been a force for progressive change, for instance, but also a force in reactionary movements

November 2, 2023 in Books, Legal History | Permalink | Comments (0)

Tuesday, September 19, 2023

Book Review, Julie Suk, After Misogyny: Lessons from Comparative Constitutionalism

Linda McClain, Care Work, Gender Equality, and Abortion: Lessons from Comparative Constitutionalism, JOTWELL, reviewing Julie Suk, After Misogyny: How the Law Fails Women and What to Do About It.

Julie Suk’s ambitious book, After Misogyny: How the Law Fails Women and What to Do About It, contributes to a feminist literature on equality and care spanning centuries and national boundaries, yet offers timely diagnoses and prescriptions for the United States at a very particular moment. That “moment” includes being four years into the COVID-19 pandemic and over one year into the post-Roe v. Wade and Planned Parenthood v. Casey world wrought by Dobbs v. Jackson Women’s Health Organization. That moment also includes a sense that transformative political and constitutional change are necessary but difficult because (as Suk and Kate Shaw recently noted) Americans have “lost the habit and muscle memory of seeking formal constitutional change” —and because of problems like polarization, gerrymandering, and restrictions on voting. Drawing on her expertise in comparative constitutional law and gender equality, Suk offers “comparative lessons” from feminist lawmaking and constitutionalism elsewhere to help move the U.S. to a democratic constitutionalism that is post-patriarchy and post-misogyny. (Pp. 212-14.) In this review, I explore some of those lessons concerning governmental commitments to supporting care and gender equality and to fostering reproductive justice.

September 19, 2023 in Abortion, Books, Constitutional, International | Permalink | Comments (0)

Thursday, August 17, 2023

Conference The Jurisprudential Legacy of Justice Ruth Bader Ginsburg

Conference Announcement: The Jurisprudential Legacy of Justice Ruth Bader Ginsburg

Join us online or in-person on Sept. 22, 2023 for a discussion focusing on The Jurisprudential Legacy of Justice Ruth Bader Ginsburga new book examining Justice Ginsburg’s remarkable career, with a focus on the common themes and approaches underscoring her decisions across several subject matters. Contributing authors will discuss areas of the law in which Justice Ginsburg had an outsized interest or impact and which illustrate her long and celebrated judicial career.  More information, including speakers and topics, is available here.  The event is free, but registration is required.  Register here.

Speakers and Topics 

Deborah L. Brake, Gender and the Law

Melissa L. Breger, Criminal Procedure 

Elizabeth G. Porter and Heather Elliott, Civil Procedure 

Kirin Goff, Health Law 

Jill I. Gross, Arbitration 

Vinay Harpalani and Jeffrey D. Hoagland, Race and the Law

M. Isabel Medina, Citizenship and Immigration

Maria C. O’Brien, Employee Retirement Income Security Act 

W. Keith Robinson, Patent Law

JoAnne Sweeny, Freedom of Expression

Ryan Vacca, Copyright Law 

Mary Jo Wiggins, Bankruptcy

 

The Jurisprudential Legacy of Justice Ruth Bader Ginsburg

August 17, 2023 in Books, Conferences | Permalink | Comments (0)

Tuesday, August 15, 2023

New Book Equality Unfulfilled: How Title IX's Policy Design Undermines Change to College Sports

New Book by Elizabeth Sharrow About Title IX "Equality Unfulfilled" is Published

Elizabeth Sharrow, associate professor of public policy and history, has published a new book, “Equality Unfulfilled: How Title IX’s Policy Design Undermines Change to College Sport” (Cambridge University Press, July 2023), examining the half-century legacy of the law’s passage.

As Sharrow and co-author James Druckman of Northwestern University explain in the book, the year 1972 is often hailed as an inflection point in the evolution of women’s rights. Congress passed Title IX of the Education Amendments of 1972, a law that outlawed sex-based discrimination in education. Many Americans celebrate Title IX for having ushered in an era of expanded opportunity for women’s athletics, yet 50 years after its passage sex-based inequalities in college athletics remain the reality. “Equality Unfulfilled” explains why, identifying institutional roadblocks – including sex-based segregation, androcentric organizational cultures and overbearing market incentives – that undermine efforts to achieve systemic change.

Drawing on surveys with student-athletes, athletic administrators, college coaches, members of the public and fans of college sports, it highlights how institutions shape attitudes toward gender equity policy. It offers novel lessons not only for those interested in college sports but for everyone seeking to understand the barriers that any marginalized group faces in their quest for equality.

 

 

The cover art for the book Equality Unfulfilled by Elizabeth Sharrow

August 15, 2023 in Books, Education, Legal History, Sports | Permalink | Comments (0)

Wednesday, August 2, 2023

New Book, Mother Tongue: The Surprising History of Women's Words

Jenni Nuttall, Mother Tongue: The Surprising History of Women's Words (Viking 2023)

An enlightening linguistic journey through a thousand years of feminist language--and what we can learn from the vivid vocabulary that English once had for women's bodies, experiences, and sexuality

So many of the words that we use to chronicle women's lives feel awkward or alien. Medical terms are scrupulously accurate but antiseptic. Slang and obscenities have shock value, yet they perpetuate taboos. Where are the plain, honest words for women's daily lives?Mother Tongue is a historical investigation of feminist language and thought, from the dawn of Old English to the present day. Dr. Jenni Nuttall guides readers through the evolution of words that we have used to describe female bodies, menstruation, women's sexuality, the consequences of male violence, childbirth, women's paid and unpaid work, and gender. Along the way, she challenges our modern language's ability to insightfully articulate women's shared experiences by examining the long-forgotten words once used in English for female sexual and reproductive organs. Nuttall also tells the story of words like womb and breast, whose meanings have changed over time, as well as how anatomical words such as hysteria and hysterical came to have such loaded legacies. Inspired by today's heated debates about words like womxn and menstruators--and by more personal conversations with her teenage daughter--Nuttall describes the profound transformations of the English language. In the process, she unearths some surprisingly progressive thinking that challenges our assumptions about the past--and, in some cases, puts our twenty-first-century society to shame. Mother Tongue is a rich, provocative book for anyone who loves language--and for feminists who want to look to the past in order to move forward.

Kirkus Book Review here. 

August 2, 2023 in Books, Business, Gender, Pop Culture, Scholarship | Permalink | Comments (0)

Tuesday, August 1, 2023

New Book, The Women of NOW: How Feminists Built an Organization that Transformed America

Katherine Turk, The Women of NOW: How Feminists Built an Organization that Transformed America (2023)

In the summer of 1966, crammed into a D.C. hotel suite, twenty-eight women devised a revolutionary plan. Betty Friedan, the well-known author of The Feminine Mystique, and Pauli Murray, a lawyer at the front lines of the civil rights movement, had called this renegade meeting from attendees at the annual conference of state women’s commissions. Fed up with waiting for government action and trying to work with a broken system, they laid out a vision for an organization to unite all women and fight for their rights. Alternately skeptical and energized, they debated the idea late into the night. In less than twenty-four hours, the National Organization for Women was born.

In The Women of NOW, the historian Katherine Turk chronicles the growth and enduring influence of this foundational group through three lesser-known members who became leaders: Aileen Hernandez, a federal official of Jamaican American heritage; Mary Jean Collins, a working-class union organizer and Chicago Catholic; and Patricia Hill Burnett, a Michigan Republican, artist, and former beauty queen. From its bold inception through the tumultuous training ground of the 1970s, NOW’s feminism flooded the nation, permanently shifted American culture and politics, and clashed with conservative forces, presaging our fractured national landscape. These women built an organization that was radical in its time but flexible and expansive enough to become a mainstream fixture. This is the story of how they built it―and built it to last.

 

August 1, 2023 in Books, Legal History | Permalink | Comments (0)

Tuesday, July 25, 2023

Barbie, Law, and Gender Theory

Barbie SCT

On understanding the gender and masculinities theories of the Barbie movie, see:

The Atlantic, Shirley Li, The Surprising Key to Understanding the Barbie Movie

NYT Magazine, Greta Gerwig's Barbie Dream Job

Time, How Barbie Helped Raise a Generation of Feminists

MSNBC, Ken is a bell hooks critique come to life in Barbie

The Hunger Fed by Barbie and Taylor Swift

Greta Gerwig's Lessons From Barbie Land

On one of the big legal cases about the intellectual property of Barbie, see:

Orly Lobel, You Don't Own Me: The Court Battles that Exposed Barbie's Dark Side (Norton 2017)

The battle between Mattel, the makers of the iconic Barbie doll, and MGA, the company that created the Bratz dolls, was not just a war over best-selling toys, but a war over who owns ideas.

When Carter Bryant began designing what would become the billion-dollar line of Bratz dolls, he was taking time off from his job at Mattel, where he designed outfits for Barbie. Later, back at Mattel, he sold his concept for Bratz to rival company MGA. Law professor Orly Lobel reveals the colorful story behind the ensuing decade-long court battle.

You Don't Own Me: The Court Battles That Exposed Barbie's Dark Side by [Orly Lobel]

July 25, 2023 in Books, Gender, Masculinities, Media, Pop Culture, Theory | Permalink | Comments (0)