Gender and the Law Prof Blog

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

Thursday, February 18, 2021

Black Women Challenge Florida's Felony Disenfranchisement Law as Undue Burden and Violative of 19th Amendment

Courts Asked to Analyze Undue Burden of Florida's Felony Disenfranchisement Law on Black Women

New filings in the nation’s sole 19th Amendment felony disenfranchisement suit seek acknowledgement of historical and economic factors that impact Black women in particular.

After nearly two-thirds of the state voted to restore the right to vote to those convicted of felony offenses, McCoy and more than 700,000 Floridians lost access to the voting box in 2019, when Gov. Ron DeSantis signed Senate Bill 7066 into law. The legislation requires formerly incarcerated people to pay any restitution, fines, fees or court costs — also known as legal financial obligations — before regaining the right to vote. McCoy learned that she owed about $7,500 in victim restitution, including interest, and her county expected her to pay it all at once. Advocates call the law a modern-day poll tax. 

Now, the Southern Poverty Law Center (SPLC), which sued Florida on behalf of McCoy and another Black woman named Sheila Singleton, is asking an appeals court to require a new analysis of the nation’s sole felony disenfranchisement lawsuit alleging a violation of the 19th Amendment. Lower courts dismissed SPLC’s analysis of the law’s disproportionate financial, “undue burden” on women of color. ***

The 11th Circuit Court of Appeals upheld Florida’s felony disenfranchisement laws in September, but, according to court documents filed on February 10, McCoy’s lawyers want the court to weigh in on The 19th Amendment more directly because of the law’s disparate impact on women of color. 

At the core of this renewed legal battle is the question of intent. Lawyers for the state of Florida argue that McCoy and her legal team have to prove that lawmakers and the governor intended to disenfranchise women with the law. But Nancy Abudu, the deputy legal director for the SPLC, filed an appeal for Florida to focus on the impact of this law on women of color.

“We have to move away from having to prove that people are racist and sexist,” Abudu told The 19th. “If that is our burden of proof, then we might as well not bring any of these cases. Instead, we need to focus on what is the impact of these laws. You can’t feel comfortable with a system that incarcerates mostly poor Black people just because the system doesn’t say arrest poor Black people.” 

Attorneys representing DeSantis and Florida’s secretary of state did not respond to a request for comment at press time. 

Nationwide 57 percent of men made less than $23,000 prior to incarceration, this is true for 72 percent of women, court documents read. The SPLC’s past filings include data from Prison Policy, a nonpartisan criminal justice think tank, showing the unemployment rate among formerly incarcerated people between the ages of 35 to 44 was 44 percent among Black women and 35 percent for Black men, and 23 percent among White women compared to 18 percent of White men.  

Abudu sees this as a timely fight. Black women’s votes ushered in the first ever woman in the White House, and Black women like Stacey Abrams, who’ve been largely uncredited with this work, became household names. Yet laws like Florida’s felony disenfranchisement law have the heaviest burden on Black women, Abudu said. 

“Our argument essentially is that because of that legislative history, and because of the political history of Black women and voting in our country, that that leads to the conclusion that Black women, or women of color in general, need greater protection when it comes to their voting rights,” Abudu said. 

As the SPLC argues in new court documents, the 19th Amendment claim should be read in a way that grants the greatest protection to women, especially because when Congress passed it in 1920, it hardly enfranchised all women. 

“The aim of enfranchising women was not simply so they could cast a ballot, but so they could directly influence the other areas of life that ultimately infringe upon their right of self-determination,” the lawsuit reads. 

h/t Paula Monopoli

February 18, 2021 in Constitutional, Courts, Poverty, Race | Permalink | Comments (0)

Friday, October 23, 2020

CFP Sex Trafficking, Opioids & Eradicating the Demand

The University of Kentucky Rosenberg College of Law is very pleased to host a day-long symposium entitled, “Selling Vulnerability: Sex Trafficking, Opioids, and Eradicating the Demand” on Friday, February 5, 2021. A detailed description of the symposium is provided below. We are hosting the symposium virtually via Zoom.   

Article Submissions:  

As part of our symposium, the Kentucky Law Journal (KLJ) is currently seeking articles to be published in an issue devoted to sex trafficking and opioids. Relevant topics may include, but are certainly not limited to, the use of drug dependency and manipulation to “coerce” sex trafficking victims; enhanced victim support services that include drug treatment; and recent efforts in and new ideas regarding sex trafficking law reform.  

We are interested in many different submissions, including submissions from practitioners.  

Submission Guidelines:  

  

Articles published by the KLJ average 15,000 - 25,000 words.  KLJ does not accept submissions from students at other law schools. Co-authorship is permissible. All authors please submit an updated curriculum vitae and/or resume.  

Deadlines:  

Please submit an abstract to KLJ. The final articles are due on December 15, 2020.   

Contact information:  

Please emails submissions and questions to editors@kentuckylawjournal.org and please copy Associate Professor Blanche Cook at blanche.cook@uky.edu.  

Symposium Description:   

Our nation is experiencing a meteoric rise in opioid overdose. The sheer power of opioid dependency has left few untouched and many devastated in its wake.  Inextricably intertwined with opioid dependency is an equally epidemic rise in sex trafficking. Like no other point in its 5,000-year history, sex trafficking is on a sharp upsurge: The internet has expanded the insatiable demand for vulnerable human flesh. As the internet increases the scope of the flesh trade, opioid addiction adds to its sting. Millions are feeding their dependency through the selling of flesh.   

Sex trafficking exists conterminously with drug dependency because vulnerability is the lynchpin of exploitation. This conference, the first of its kind, will examine the converging and rising tides of sex trafficking and opioid addiction. This conference has three aims: Awareness, Advocacy, and Activism.  Using a panel of experts who have first-hand experience with the intertwined effects of sex trafficking and opioid addiction, this conference will increase the public awareness of the converging forces of dependency and vulnerability.  A second panel of advocates will address how the legal process can intervene in the demand for human flesh.  Finally, a third panel of activists will critique the current problems in the criminal justice system’s attempt to ameliorate the intertwined problem of drug dependency and sex trafficking through mass incarceration.  

October 23, 2020 in Call for Papers, Human trafficking, Poverty | Permalink | Comments (0)

Friday, October 2, 2020

New Book Podcast: Michele Goodwin's Policing the Womb: Invisible Women and the Criminalization of Motherhood

Michelle Goodwin, Podcast, New Books in Law: Policing the Womb: Invisible Women and the Criminalization of Motherhood (Cambridge Press 2020)

Policing the Womb: Invisible Women and the Criminalization of Motherhood (Cambridge University Press, 2020) a brilliant but shocking account of the criminalization of all aspects of reproduction, pregnancy, abortion, birth, and motherhood in the United States. In her extensively researched monograph, Michele Goodwin recounts the horrific contemporary situation, which includes, for example, mothers giving birth shackled in leg irons, in solitary confinement, even in prison toilets, and in some states, women being coerced by the State into sterilization, in exchange for reduced sentences. She contextualises the modern day situation in America’s history of slavery and oppression, and also in relation to its place in the world. Goodwin shows how prosecutors abuse laws, and medical professionals are complicit in a system that disproportionally impacts the poor and women of color. However, Goodwin warns that these women are just the canaries in the coalmine. In the context of both the Black Lives Matter movement, and in the lead up to the 2020 Presidential election, her book could not be more timely; Not only is the United States the deadliest country in the developed world for pregnant women, but the severe lack of protections for reproductive rights and motherhood is compounding racial and indigent disparities.

October 2, 2020 in Books, Healthcare, Poverty, Pregnancy, Race, Reproductive Rights | Permalink | Comments (0)

Wednesday, June 10, 2020

Exploring the Toxic Racial Construct of the Black Welfare Queen

Catherine Powell & Camille Gear Rich, The “Welfare Queen” Goes to the Polls: Race-Based Fractures in Gender Politics and Opportunities for Intersectional Coalitions, Geo.L.J., 19th Amendment, Special Edition (forthcoming)

As Americans celebrate the 100-year anniversary of the Nineteenth Amendment’s ratification, our celebration would be premature if we failed to reflect on the ways that race has been used to fracture women’s efforts at coalition politics and our understanding of women’s rights. Indeed, a careful reading of U.S. history and contemporary politics shows that although similar rights claims are made across a diverse community of American women, women’s shared interests are often obscured by the divisive manipulation of race. Notably, 2020 is also the 150-year anniversary of the Fifteenth Amendment, which granted the right to vote to Black men. In this Article, we use the coinciding anniversaries of the two amendments as a critical opportunity to direct feminist attention to intersectional questions—to frame this historical moment as a pivot point that explores the mutually constitutive nature of gender and racial subordination in American politics.

In service of these goals, we use this Article to explore a toxic racial construct often used to distract American women from our shared rights claims—the political trickster known as the “welfare queen.” This construct was born as a result of fiscal conservatives’ attacks on government anti-poverty subsidy programs in the 1980s. It relied on antipathy toward Black women—characterized as “welfare cheats” or frauds—and pathologized women of color to call for aggressive cuts to social-safety-net programs. This Article explores the remobilization of this construct in present-day electoral politics and the ways in which it compromises cross-racial coalitions and obscures the path to reform. We take as our object the 2016 presidential election and its aftermath, for in 2016, then-presidential candidate Donald Trump and his surrogates reanimated the welfare queen construct and alleged that she was stealing American democracy through voter fraud. The visceral power of this construct allowed this group of Republicans to transform Americans’ understanding of voting rights and American democracy. In so doing, their representations simultaneously sidetracked feminist efforts to build strong cross-racial coalitions. This Article explores the various paths out of our current discourse, dispelling thedistracting haze generated by the welfare queen construction. In the process, we also hope to advance our conceptual understanding of intersectional identities and their relationship to political change.

June 10, 2020 in Family, Legal History, Poverty, Race | Permalink | Comments (0)

Tuesday, May 5, 2020

The Injustice of Formal Gender Equality in Criminal Sentencing

Emma Decourcy, The Injustice of Formal Gender Equality in Sentencing, 47 Fordham Urb. L.J. 395 (2020)  

Over the past 40 years, the entire United States penal population has grown at an unprecedented rate, and the rate of female incarceration is growing at twice the rate of men. Given that there does not appear to be an increase in female criminality that corresponds with the increase in female incarceration, it may be inferred that the rising rate of female imprisonment is the result of changes in criminal justice law and policy that prescribe simplistic, punitive enforcement responses to complex social problems.

While criminological research has paid increased attention to women and girls over the past decade, there is still much work left to be done. This Note aims to address a perceived gap in existing scholarship on female incarceration — existing research and proposed solutions have tended to focus on prison conditions and post-incarceration re-entry. While such work is imperative, an examination of the female pathways to incarceration is equally important. This Note argues reforms that target the front end of the incarceration process, namely sentencing, should be employed to address the rapidly rising rate of female incarceration.

Part I of this Note first provides a brief overview of the mass incarceration crisis in America and the changes in criminal justice policy, namely sentencing policy, to which it is attributed. Part I then discusses the impact of changes in sentencing policy on female sentencing outcomes. Part II proposes a framework of inquiry to be used by policymakers engaged in the creation of gender-responsive sentencing policies. This framework includes an analysis of the scope and nature of female incarceration, the correlates of female criminality, and the impact of existing gender-neutral policies on women involved in the criminal justice system. Finally, Part III discusses the efficacy of gender-neutral sentencing policies in action and identifies two policies that exemplify proper application of the framework presented in Part II.

May 5, 2020 in Courts, Poverty, Race | Permalink | Comments (0)

Monday, February 3, 2020

Payday Lending Regulations and the Disproportionate Impact on Women of Color

Lara Sofia Romero, Rafael Romero, & Sim Jonathan Covington, Payday Lending Regulations and the Impact on Women of Color, Accounting & Taxation, v. 11 (1) p. 83-92

Payday loans, or small short-term loans that carry high fees, may provide a much-needed safety net for some consumers in need of quick cash for emergencies. However, data suggest that most payday loan borrowers become repeat users caught in a cycle of high-cost debt. Furthermore, empirical evidence suggests consistent overrepresentation of women of color, including many single mothers, among payday loan borrowers. Based on international human rights law, the U.S. has an obligation to remedy predatory economic practices such as a payday lending that have a disproportionately negative economic effect on women of color. Posing the issue of payday lending as a human rights issue can make an important contribution to public action on how to address the aftermath of the financial crisis and its impact on women of color.

February 3, 2020 in Business, Poverty, Race | Permalink | Comments (0)

Friday, August 24, 2018

Rural Resentment and LGBTQ Equality

Luke Boso, Rural Resentment and LGBTQ Equality, 70 Florida L. Rev. (forthcoming) 

In 2015, the Supreme Court in Obergefell v. Hodges settled a decades-long national debate over the legality of same-sex marriage.  Since Obergefell, however, local and state legislatures in conservative and mostly rural states have proposed and passed hundreds of anti-LGBTQ bills.  Obergefell may have ended the legal debate over marriage, but it did not resolve the cultural divide.  Many rural Americans feel that they are under attack.  Judicial opinions and legislation protecting LGBTQ people from discrimination are serious threats to rural dwellers because they conflict with several core tenets of rural identity: community solidarity, individual self-reliance, and compliance with religiously informed gender and sexual norms.  This conflict is amplified by the relative invisibility of gay and transgender people who live in rural areas, and the predominately urban media representations of gay and transgender people.  In several respects, the conflict is merely perceived and not real.  It is at these junctures of perceived conflict that we can draw important lessons for bridging the cultural divide, thereby protecting LGBTQ people across geographic spaces. 

This Article examines the sources and modern manifestations of rural LGBTQ resentment to provide foundational insights for the ongoing fight to protect all vulnerable minorities. Pro-LGBTQ legislation and judicial opinions symbolize a changing America in which rural inhabitants see their identities disappearing, devalued, and disrespected. The left, popularly represented in rural America as urban elites, characterizes anti-LGBTQ views as bigoted, and many people in small towns feel victimized by this criticism.  Drawing on a robust body of social science research, this Article suggests that these feelings of victimization lead to resentment when outside forces like federal judges and state and big-city legislators tell rural Americans how to act, think and feel.  Rural Americans resent “undeserving” minorities who have earned rights and recognition in contrast to the identities of and at the perceived expense of white, straight, working-class prestige.  They resent that liberal, largely urban outsiders are telling them that they must change who they are to accommodate people whom they perceive as unlike them.  Opposing LGBTQ rights is thus one mechanism to protect and assert rural identity.  It is important to unearth and pay attention to rural anti-LGBTQ resentment in the post-Obergefell era because it is part of a larger force animating conservative politics across the United States.

August 24, 2018 in Gender, LGBT, Poverty, Same-sex marriage | Permalink | Comments (0)

Wednesday, March 28, 2018

Pregnancy, Poverty and the State

Michele Goodwin & Erwin Chemerinsky, Pregnancy, Poverty and the State, 127 Yale L. J. (forthcoming)

In Pregnancy, Poverty, and The State, we argue that the core bundle of rights contained in reproductive privacy have been hollowed out through new legislation and court decisions, affecting the actual practice of reproductive privacy. We show how increasingly, even judicial opinions affirming reproductive rights fail to constrain state governments seeking to eviscerate those rights through new legislation. Though court rulings recognize these rights, they ultimately render them meaningless for poor women, particularly poor women of color. These groups are the first victims since they are largely unseen and unheard by those who make the law and policy. As the policies that substantially burden women’s reproductive rights become normalized, these norms will affect broader segments of the population, placing greater numbers of women at risk. 

We view these issues as not simply matters of law, but of human rights, morality, and dignity. The moral hypocrisy of the state is clear in the reproductive health context. That is, when the state coerces women and girls into pregnancies they do not want and to bear children they do not desire to have, it not only creates unconstitutional conditions, but it also acts immorally. Even though legal scholars typically refer to lawmaking that unduly burdens the poor as unjust, we suggest that legislative efforts to eviscerate reproductive rights is far worse than that. 

This project, launches with a review of Professor Khiara Bridges’s daring book, The Poverty of Privacy Rights to problematize the intersections of privacy and morality. We view the state as not only a fallible and problematic arbiter of women’s morality, but argue the state acts immorally when it deprives poor women of privacy, bodily autonomy, and threatens to rob them of life itself. As we document in detail, bounded in the state’s immoral actions toward poor women of color are its historical struggles and campaigns against their personhood and citizenship as well as conscription of their bodies in service to malevolent state agendas such as eugenics and forced sterilization. As we show, this is more than mere indifference, but an historic pattern. We illustrate how the continued effects of more than a century of negative state interventions in the reproductive lives of poor women of color is actually deadly. Finally, we predict that the continued interference in the reproductive lives of poor women creates cultural norms and precedents in medicine, law, and society that will spill over and constrain the rights of all classes of women, regardless of race. That is, historical disregard for the lives and rights of Black women inscribed by judicial doctrine and court opinions as well as state and federal legislation serve as vehicles for contemporary and future disparagement of all women.

March 28, 2018 in Poverty, Pregnancy, Reproductive Rights | Permalink | Comments (0)

Tuesday, February 13, 2018

Pilot Study Shows Challenges of Redressing Sexual Harassment of Low-Income Women in Housing

Rigel Christine Oliveri, Sexual Harassment of Low-Income Women in Housing: Pilot Study Results

Abstract:

Sparked by the #metoo movement, we are once again having an important national discussion about the prevalence of sexual harassment in America. The conversation is a necessary starting point, but it’s focus on high-status workplaces overlooks other contexts in which sexual harassment occurs. This Article focuses on one such area: the sexual harassment and exploitation of low-income women by their landlords. Although it is a significant national problem, there have been no reliable empirical studies about its nature and prevalence.

The lack of information causes difficulties. Policymakers and legislators cannot address sexual harassment in housing if they do not know basic facts about it such as how common it is, who is likely to experience and perpetrate it, and what form it takes. The law, much of which is borrowed from the employment context, remains underdeveloped and unresponsive to the unique challenges presented by housing harassment. 

This Article and the Pilot Study upon which it is based seek to remedy this situation. The Study involved detailed interviews of one hundred randomly selected low-income women. These interviews reveal important insights into who is most at risk for housing harassment, the characteristics of the landlords who engage in it, the form it is likely to take, and how women respond to it. 

The Study results both challenge and improve upon assumptions made by more theoretical scholarship, and lead to suggestions for changes to both law and policy. In particular, the results underscore the argument for treating sexual harassment in housing as a phenomenon that is entirely different from employment harassment, with a new framework that recognizes the economic reality of low-income housing. From a policy perspective, the results reveal the need for greater regulation of the landlord-tenant relationship, and the necessity of providing more resources to the most vulnerable renters.

February 13, 2018 in Poverty, Violence Against Women | Permalink | Comments (0)

Tuesday, February 6, 2018

Appalachian Feminism

Feminism in the Coalfields: What Appalachians of the 1970s Can Teach Today's Feminists

Appalachian feminism, which is to say feminism of working-class white and Black women who lived in a place long dominated by corporate officials, has volumes to teach us about meaningful efforts to reach gender equality, but more importantly, justice. Above all, Appalachian feminism insists upon an understanding of class oppression, which operates within a capitalism that thrives on racist and sexist social structures. It requires listening to women whose feminism is rooted in their daily experiences and charting feminist movements that will transform society for all women, not just those in positions of relative power.

 

Appalachian feminists emerged out of welfare rights and labor movements. By the early 1970s, a few dozen welfare rights groups had organized across West Virginia, eastern Kentucky, and southwestern Virginia. White and Black women led the movement and made militant calls for the rights of poor and working-class women.***

 

In recent years, the most recognized feminists have focused on representation rather than the redistribution of power and wealth. Theirs is not a feminism of deep solidarity. What does standing together truly look like? With fresh assaults on the social safety net happening seemingly daily and renewed attention to working women’s lives, the history of Appalachian feminism is one that today’s feminists would do well to emulate. At the core of Appalachian feminist activism of the 1970s was an understanding that gender justice for all meant accounting for the ways in which capitalist enterprises exploited working people’s paid and unpaid labor and how the state denied them their rights as citizens. The advice that the Appalachian Women’s Rights Organization gave to middle-class white feminists in the 1970s still holds: “take up the genuine problems of the vast majority of women.”

February 6, 2018 in Poverty, Theory | Permalink | Comments (0)

Thursday, February 1, 2018

A Poor Mother's Right to Privacy

Danielle Keats Citron, A Poor Mother's Right to Privacy: A Review, 98 Boston J. L. Rev. (forthcoming)

Collecting personal data is a feature of daily life. Businesses, advertisers, agencies, and law enforcement amass massive reservoirs of our personal data. This state of affairs—what I am calling the “collection imperative”—is justified in the name of efficiency, convenience, and security. The unbridled collection of personal data, meanwhile, leads to abuses. Public and private entities have disproportionate power over individuals and groups whose information they have amassed. Nowhere is that power disparity more evident than for the state’s surveillance of the indigent. Poor mothers, in particular, have vanishingly little privacy. Whether or not poor mothers receive subsidized prenatal care, the existential state of poor mothers is persistent and indiscriminate state surveillance. 

Professor Khiara Bridges’s book, The Poverty of Privacy Rights, advances the project of securing privacy for the most vulnerable among us. It shows how the moral construction of poverty animates the state’s surveillance of poor mothers, rather than legitimate concerns about prenatal care. It argues that poor mothers have a constitutional right not to be known if the state’s data collection efforts demean and humiliate them for no good reason. The Poverty of Privacy Rights provides an important lens for rethinking the data collection imperative more generally. It supplies a theory not only on which a constitutional right to information privacy can be built but also on which positive law and norms can develop. Concepts of reciprocity may provide another analytical tool to understand a potential right to be as unknown to government as it is to us.

February 1, 2018 in Books, Media, Poverty | Permalink | Comments (0)

Wednesday, October 18, 2017

McDonald's Moms v. Organic Moms: Regulating Motherhood

Kate Cairns, Josée Johnston & Merin Oleschuk, Calibrating Extremes: The Balancing Act of Maternal Foodwork

When it comes to feeding children, mothers today must avoid the appearance of caring too little, or too much. Either extreme garners social stigma, although the penalties are far from equal.

 

As mothers in our study distanced themselves from an unhealthy “Other” who made poor food choices, we were surprised how frequently McDonald’s entered the conversation. McDonald’s seemed to function as a trope symbolizing “easy” meals, “unhealthy” choices, and “bad” mothering more generally. Gail (white, acupuncturist) contrasted her vision of healthy home cooking with a “stereotypical image of someone stopping at McDonald’s to get food for their kids.” Marissa (Black, project manager) confessed that as “busy people we do need to do fast food,” but clarified that “my kids will tell you that does not mean McDonald’s.” Lucia (Latina, social worker) said she and her son “talk about what’s junk and you know, McDonald’s and all that kind of food” in an effort to teach him “what’s healthy, what’s not healthy.”

 

Again and again, mothers distanced themselves from the figure of the “McDonald’s Mom,” a stigmatized “Other” they used to defend their own feeding practices. While this defense may seem judgmental, we suggest mothers’ efforts to establish this distance reflect the intense pressures they experience feeding their children. These pressures are especially penalizing for poor women who struggle to feed kids on a limited budget and racialized women who face enduring racist stereotypes about parenting and food choices. Indeed, the assumption that poor mothers make inferior food choices is evident in recent calls to restrict what can be purchased on SNAP benefits, undermining the essential role of government assistance in mitigating the effects of poverty.

 

When distancing their own feeding practices from “bad” ones, some mothers described feeding their children an organic diet – a resource-intensive practice that has become a gold standard of middle-class motherhood. Mothers today face considerable pressure to purchase ‘pure’ foods that are free of harmful chemical additives; this “intensive feeding ideology” involves the added work of researching products, reading labels, and making baby food from scratch.***

 

Our point is not to equate these uneven penalties, but to draw attention to the multiple ways mothers are harshly judged for their foodwork. Notably, comparable figures of the “McDonald’s” or “Organic Dad” did not emerge in our broader study (which included men), revealing the continued gendered burden of feeding children and the more flexible standards fathers face when doing this work.

 

What became clear throughout our research is that mothers from diverse backgrounds face pressure to continually monitor their children’s eating in ways that are careful and responsible, yet don’t appear obsessive or controlling. We call this process calibration – the constant balancing act of striving for an elusive maternal ideal. Calibration is labor-intensive and emotionally taxing, part of the seemingly impossible task of performing the “good” mother. If you opt for affordability or convenience, you risk being seen as a McDonald’s Mom. If you take your job as health-protector tooseriously, you may be deemed an obsessive Organic Mom who deprives her kids of childhood joys like hotdogs. These gendered pressures not only contribute to mother-blame, but distract us from the larger harms perpetuated by an unhealthy, unsustainable, and unjust food system.

October 18, 2017 in Family, Gender, Pop Culture, Poverty | Permalink | Comments (0)

Monday, April 10, 2017

Cloaking: Public Policy and Pregnancy

Julie Manning Magid, Cloaking: Public Policy and Pregnancy, 53 Amer. Bus.L.J. 439 (2016)
 
Long before J.K. Rowling wrote about an invisibility cloak that allowed Harry Potter and his friends to disguise their presence and move freely without detection, cloaks, both literally and figuratively, were associated with hiding and disguise. Pregnancy is often enshrouded as well, not only by women who want time before announcing publicly that they are expecting a child, but also in the course of public policy discussion and resulting legislative or regulatory enactments.

In the United States, public policy decisions concerning employment tend to avoid the important issue of pregnancy in the workplace, and this avoidance has disproportionately negative implications for women. “Cloaking,” as I use it here, refers to the various ways the United States legislates issues related to women in the workplace without directly discussing the uniqueness of pregnancy and its impact on employment and the wage gap. In particular, the policy discussions do not address transparently that the modern workforce requires job changes for economic advancement, and current policies focusing on accommodation and family leave fail to protect job changes during childbearing years.

Labor-market demands and economic self-sufficiency for women require policy makers in the United States to cast off the cloak that camouflages pregnancy as a subset of other policy concerns—gender, disability, family—and fully embrace pregnancy as a crucial issue in developing economic policy. The Equal Employment Opportunity Commission (EEOC) receives thousands of complaints of pregnancy discrimination each year; these numbers peaked in 2008 but remain steadily higher than in the previous decade. In an effort to add transparency to the issue, the EEOC conducted a public meeting in preparation for issuing new guidance to clarify further regulations related to pregnancy and its economic impact. At the public meeting, experts identified a direct connection between pregnancy discrimination and economic self-sufficiency for women and their families. As one expert noted, citing the “motherhood wage penalty” of as much as five percent per child, “[m]otherhood constitutes a significant risk factor for poverty.”

April 10, 2017 in Equal Employment, Family, Poverty, Pregnancy | Permalink | Comments (0)

Tuesday, February 9, 2016

Jewish Women Legal Practitioners and the History of Legal Aid

Felice Batlan (Chicago-Kent), Forging Identities: Jewish Women, Legal Aid, and the Secular Liberal State 1890-1930, Indiana J. Law & Social Equity (forthcoming).

Abstract:     

This article discusses an unexamined area of the history of the legal profession — the role that late nineteenth and early twentieth century Jewish women legal practitioners played in the delivery of free legal aid to the poor as social workers, lawyers, and, importantly, as cultural and legal brokers. It presents two such women who represented different types and models of legal aid — Minnie Low of the Chicago Bureau of Personal Service, a Jewish social welfare organization, and Rosalie Loew of the Legal Aid Society of New York. The article interrogate how these women negotiated their identities as Jewish professional women, what role being Jewish and female played in shaping their careers, understandings of law, and the delivery of legal aid, as well as the constrained professional possibilities, but at times, opportunities, both women confronted and embraced. By puzzling through these issues, we also see two contrasting understandings of the rule of law and the secular liberal state. 

 

February 9, 2016 in Legal History, Poverty | Permalink | Comments (0)

Wednesday, May 20, 2015

manhood development camp

Lamont Brown engages the young men at the Camp

 In Chicago: 

As we watch the news and observe our young men we notice many things. We note that they have struggled often to get where they are whether its a position on  some NBA,  NFL or MLB and  of course those entertainers in the music industry all who are making decent money. We are often greeted with late  evening or morning news reporting that ‘Big NBA Playa, was arrested for toting a gun'; ‘NFL charged with cruelty to dogs or domestic violence'; ‘MLB  left fielder violated drug probation'; or ‘Hip Hop Mogul involved in scuffle at the Metropolitan involving a gun’. We see, hear read this sort of news all day everyday.  Too many times we have shaken our heads or thrown up our hands in disgust thinking what’s wrong with these young people?  We ask and we ponder, . . .they have million dollar contracts why do they do these things?

But: 

They are missing an understanding of decorum, etiquette and  manners, knowing what’s appropriate when and what’s not from dress, to conversation as well as table manners. These necessary essentials will prove to be an asset to the young men’s future progress and success.

So  20 to 30 black males ages 12-18 will learn table etiquette as part of the agenda of Manhood Development Camp.  The workshop will be facilitated by Nathan Wright President of Excel Etiquette.  Nathan Wright is perfect for leading the workshop. His company is not only a  full-service Etiquette and Cultural Enhancement Company but it offers a variety of etiquette and social/cultural programs and workshops for adults as well as.

This fabulous opportunity  is offered free to young men  who can benefit from such a workshop Saturday, May 16 – 9 to Noon held at  Leo High School – 7901 S. Sangamon – Chicago, Auditorium. This is an invaluable asset that oftentimes can determine whether or not you get the job. Knowing your way around the table is most important. As a managerial and executive employee you may be called upon to attend, luncheons, dinners, galas, workshops etc., that require you to demonstrate your etiquette skills. 

 Not a bad idea, it seems to me.   

May 20, 2015 in Manliness, Masculinities, Poverty | Permalink | Comments (0)

Thursday, May 14, 2015

Batlan on the Gendered History of Legal Aid

Excited - my friend Felice Batlan's book is out!  Here's the review from the Legal History Blog.

 

Karen Tani, New Release: Batlan's History of Legal Aid, 1863-1945

I've been really looking forward to this new release, from Cambridge University Press: Women and Justice for the Poor: A History of Legal Aid, 1863–1945, by former guest blogger Felice Batlan (Illinois Institute of Technology/Chicago-Kent College of Law). Here's the abstract:
This book re-examines fundamental assumptions about the American legal profession and the boundaries between “professional” lawyers, “lay” lawyers, and social workers. Putting legal history and women's history in dialogue, it demonstrates that nineteenth-century women's organizations first offered legal aid to the poor and that middle-class women functioning as lay lawyers, provided such assistance. Felice Batlan illustrates that by the early twentieth century, male lawyers founded their own legal aid societies. These new legal aid lawyers created an imagined history of legal aid and a blueprint for its future in which women played no role and their accomplishments were intentionally omitted. In response, women social workers offered harsh criticisms of legal aid leaders and developed a more robust social work model of legal aid. These different models produced conflicting understandings of expertise, professionalism, the rule of law, and ultimately, the meaning of justice for the poor.
Reviewers say:
"Women and Justice for the Poor is an exciting and timely intervention into work on lawyering in the United States. Batlan establishes the deep relevance of ideas about gender and race to the history of law and legal practice through ambitious research, provocative analysis, and engaging narrative."  -- Martha S. Jones, Arthur F. Thurnau Professor, University of Michigan
"By tracking legal aid through the winding corridors of urban social institutions, Batlan gives us evocative insights into gender, reform, capitalism, and lawyering in a cogent and fascinating historical account. Her erosion of lay and professional boundaries, demonstrated by women’s contribution to legal aid and the pragmatic relief they provided to underprivileged clients, illuminates the value of using gender to frame the story." -- Norma Basch, Professor Emeritus, Rutgers University
"In a remarkably original social/legal history, Batlan is asking readers to rethink what lawyering has meant and could mean. And when you ask ‘outside the box’ questions, you come up with surprising answers. This book can help us understand why law today can be far from justice." -- Linda Gordon, Florence Kelley Professor of History, New York University
More information is available here.

May 14, 2015 in Books, Poverty, Women lawyers | Permalink | Comments (0)

Tuesday, April 7, 2015

Conference: Reframing the Welfare Queen

At USC School of Law, Reframing the Welfare Queen: Feminist and CRT Alternatives to Existing Poverty Discourse

This year marks the fiftieth anniversary of the Moynihan Report, a Senate report issued in 1965 that pathologized the creation of black, female single-parent households with long- term dependence on state assistance programs, and in this way laid the political foundation for the political construct known as the "welfare queen." The "welfare queen construct" has played a key role in political debates and facilitated the transformation of public assistance programs. For the past fifty years it has played a prominent role in presidential politics, shaping discussions of poverty during the Reagan, Clinton and even Obama presidencies. Moreover, the construct led to a spate of concrete policy changes in 1996, ones that transformed older open-ended welfare programs into TANF (Temporary Assistance for Needy Families). Many TANF features are direct responses to the threat of the welfare queen, including: family caps limiting benefit levels for families above a certain size; workfare programs requiring welfare recipients to work; and strict time limits that sunset welfare benefits after a set number of years.

 

Numerous scholars, activists and commentators have explored how the welfare queen construct is used to demonize poor women of color in need of state assistance programs. And while the critiques launched by these early conversations about the welfare queen have been important in opening a much-needed dialogue about the needs of the poor, this conference attempts to move us beyond discussions that isolate poor minority female welfare recipients as a special class. Instead the conference explores how the construct of the welfare queen imposes costs on us all, by revealing the hidden institutional norms naturalized by the construct and the cultural anxieties it creates that prevent people from seeking state assistance. Our project is to "reframe" the welfare queen - to challenge the ways in which claims of need are represented as pathological by the state; feminized and racialized in ways that marginalize and render invisible certain needy communities; and foreclose recognition of certain kinds of "need" and certain relationships of support between the individual and the State. By "reframing" the welfare queen have an opportunity to image new forms of governmental assistance that might better match up with the working poor's needs and lived experiences and with feminist values and anti-poverty advocates' goals and understandings.

April 7, 2015 in Conferences, Poverty, Race | Permalink | Comments (0)

Tuesday, January 13, 2015

The Failures of the LSAT and SAT Testocracy

Lani Guiner (Harvard), Ivy League's Meritocracy Lie: How Harvard and Yale Cook the Books for the 1 Percent.  In this excerpt from Guiner's new book, she traces the elitest and anti-Jewish origins of standardize testing in law schools and discredits the alleged merit evalution of SAT and LSAT tests. Taking the "testocracy" to its ultimate result, she concludes we are admiting students based on a false sense of merit and failing to prepare students as future leaders and professionals. 

The top career choices of many male Harvard students—whether it is 2007 or 2013—are severely lacking in any element of service. This is the damage that we are doing through our testocracy. We are credentializing a new elite by legitimizing people with an inflated sense of their own merit and little unwillingness to open up to new ways of problem solving. They exude an arrogance that says there’s only one way to answer a question—because the SAT only gives credit for the one right answer.

January 13, 2015 in Education, Poverty, Race | Permalink | Comments (0)

Friday, November 28, 2014

The Second Shift on Thanksgiving

Slate, Thanksgiving is Becoming Impossible for Low-wage Working Women

This is a deeply gendered issue, and not just because low-wage retail workers are disproportionately female. Holidays are a time when the domestic demands put on women escalate. While some families are more progressive, the fact remains that, in most families, women are expected to do almost all the cooking, cleaning, present-wrapping, decorating, and planning. ***

 

State Rep. Mike Foley is trying to attack this problem by pushing a bill in Ohio that would triple the minimum wage on Thanksgiving Day. It's a brilliant idea, and not just because it increases the compensation for people who are dragged into work that day. Since there's no increased profitability for being open on Thanksgiving, if employers have to pay more to make no more money, they might reconsider this ridiculous trend of forcing retail workers to work on what is supposed to be a national holiday.

November 28, 2014 in Equal Employment, Poverty, Work/life | Permalink | Comments (0)

Thursday, November 20, 2014

From Working Class to Academia

From one our past guest bloggers, Susan Apel, Professor of Law, Vermont Law School, a personal memoir about moving from the working class to academia.

November 20, 2014 in Law schools, Poverty, Work/life, Workplace | Permalink | Comments (0)