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International Union, U.A.W. V. Johnson Controls: The History Of Litigation Alliances And Mobilization To Challenge Fetal Protection Policies, Caroline Bettinger-Lopez, Susan P. Sturm
International Union, U.A.W. V. Johnson Controls: The History Of Litigation Alliances And Mobilization To Challenge Fetal Protection Policies, Caroline Bettinger-Lopez, Susan P. Sturm
Faculty Scholarship
The Supreme Court's decision in Johnson Controls is the culmination of a long legal campaign by labor, women's rights, and workplace safety advocates to invalidate restrictions on women's employment based on pregnancy. This campaign powerfully demonstrates the use of amicus briefs as opportunities to link the efforts of groups with overlapping agendas and to shape the Supreme Court's understanding of the surrounding empirical, social and political context. But Johnson Controls also provides important lessons about the narrowing effects and fragility of litigation-centered mobilization. The case affirmed an important anti-discrimination principle but ironically left women (and men) with the right to …
Abortion, Equality, And Administrative Regulation, Gillian E. Metzger
Abortion, Equality, And Administrative Regulation, Gillian E. Metzger
Faculty Scholarship
Abortion and equality are a common pairing; courts as well as legal scholars have noted the importance of abortion and a woman's ability to control whether and when she has children to her ability to participate fully and equally in society. Abortion and administrative regulation, on the other hand, are a more unusual combination. Most restrictions on abortion are legislatively imposed, while guarantees of reproductive freedom are constitutionally derived, so administrative law does not frequently figure in debates about access to abortion.
Developing Markets In Baby-Making: In The Matter Of Baby M, Carol Sanger
Developing Markets In Baby-Making: In The Matter Of Baby M, Carol Sanger
Faculty Scholarship
In this Essay, I want to explore the Baby M case from a different, less philosophical perspective. The question I pose is simply this: how did the Sterns and the Whiteheads find one another in the first place? After all, apart from their New Jersey location (and a shared fondness for Bruce Springsteen), the two couples had little in common. Mary Beth was a high school dropout; Betsy had a Ph.D. and M.D. from the University of Michigan. Rick was a Vietnam vet fighting an ongoing battle with unemployment and alcoholism; Bill led what close friends called "a quiet, industrious …
Panel One: Lessons Learned: Gender Analyses Of Past Policies And Practices: Introduction, Suzanne B. Goldberg
Panel One: Lessons Learned: Gender Analyses Of Past Policies And Practices: Introduction, Suzanne B. Goldberg
Faculty Scholarship
Hello. I'm Suzanne Goldberg. I am pleased to welcome you to the first of two afternoon panels as part of the Women's Rights Law Reporter Symposium, "Lessons Learned: Gender Analyses of Past Policies and Practices." Thank you to Dr. Enarson for the wonderful opening to our conversation today. She has inspired us to think about broadening our analytic lens by foregrounding questions of gender in our consideration of disasters and disaster relief.