Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Gender (3)
- Title VII (3)
- Class (2)
- Feminism (2)
- Pregnancy discrimination (2)
-
- Race (2)
- Sex (2)
- Abortion restrictions (1)
- Accessory dwelling units (1)
- Adversary system (1)
- Affordable Care Act (1)
- African-American children (1)
- African-American grandmothers (1)
- Asylum (1)
- Autonomy (1)
- Battle (1)
- Beth Richie (1)
- Black families (1)
- CEDAPW (1)
- Campaign to End Discrimination Against Pregnant Workers (1)
- Child sexual abuse (1)
- Choice (1)
- Constitutional Protection (1)
- Contingent whiteness (1)
- Contraceptives - accessibility (1)
- Custodial grandmothers (1)
- Detention (1)
- Disability (1)
- Discrimination (1)
- Doctors (1)
Articles 1 - 24 of 24
Full-Text Articles in Law
Patriarchy’S Link To Intimate Partner Violence: Applications To Survivors’ Asylum Claims, Daniel G. Saunders, Tina Jiwatram-Negrón, Natalie Nanasi, Iris Cardenas
Patriarchy’S Link To Intimate Partner Violence: Applications To Survivors’ Asylum Claims, Daniel G. Saunders, Tina Jiwatram-Negrón, Natalie Nanasi, Iris Cardenas
Faculty Journal Articles and Book Chapters
Eligibility for asylum for survivors of intimate partner violence (IPV) has recently been contested. We summarize social science evidence to show how such survivors generally meet asylum criteria. Studies consistently show a relationship between patriarchal factors and IPV, thereby establishing a key asylum criterion that women are being persecuted because of their status as women. Empirical support is also provided for other asylum criteria, specifically: patriarchal norms contribute to state actors’ unwillingness to protect survivors, and survivors’ political opinions are linked to an escalation of perpetrators’ violence. The findings have implications for policy reform and supporting individual asylum-seekers.
Making Sure Pregnancy Works: Accommodation Claims After Young V. United Parcel Service, Inc., Joanna L. Grossman
Making Sure Pregnancy Works: Accommodation Claims After Young V. United Parcel Service, Inc., Joanna L. Grossman
Faculty Journal Articles and Book Chapters
The Supreme Court’s 2015 ruling in Young v. United Parcel Service, Inc. outlined a new analytical framework for Pregnancy Discrimination Act (PDA) claims that challenge employers’ failure to “accommodate” pregnant workers. That framework was intended to lessen the evidentiary burden on plaintiff-employees in showing that others “similar in their ability or inability to work” were accommodated and to increase the burden on defendant-employers in justifying such differential treatment. In the five years since Young, however, lower courts have been inconsistent in their application of this mandate. In this Article, we survey the precedent that set the stage for Young, …
(Un)Common Law And The Female Body, Lolita Buckner Inniss
(Un)Common Law And The Female Body, Lolita Buckner Inniss
Faculty Journal Articles and Book Chapters
A dissonance frequently exists between explicit feminist approaches to law and the realities of a common law system that has often ignored and even at times exacerbated women’s legal disabilities. In The Common Law Inside the Female Body, Anita Bernstein mounts a challenge to this story of division. There is, and has long been, she asserts, a substantial interrelation between the common law and feminist jurisprudential approaches to law. But Bernstein’s central argument, far from disrupting broad understandings of the common law, is in keeping with a claim that other legal scholars have long asserted: decisions according to precedent, …
Talking About Black Lives Matter And #Metoo, Linda S. Greene, Lolita Buckner Inniss, Bridget J. Crawford, Mehrsa Baradaran, Noa Ben-Asher, I. Bennett Capers, Osamudia James, Keisha Lindsay
Talking About Black Lives Matter And #Metoo, Linda S. Greene, Lolita Buckner Inniss, Bridget J. Crawford, Mehrsa Baradaran, Noa Ben-Asher, I. Bennett Capers, Osamudia James, Keisha Lindsay
Faculty Journal Articles and Book Chapters
This essay explores the apparent differences and similarities between the Black Lives Matter and the #MeToo movements. In April 2019, the Wisconsin Journal of Gender, Law and Society hosted a symposium entitled “Race-Ing Justice, En-Gendering Power: Black Lives Matter and the Role of Intersectional Legal Analysis in the Twenty-First Century.” That program facilitated examination of the historical antecedents, cultural contexts, methods, and goals of these linked equality movements. Conversations continued among the symposium participants long after the end of the official program. In this essay, the symposium’s speakers memorialize their robust conversations and also dive more deeply into the phenomena, …
Women Are (Allegedly) People, Too, Joanna L. Grossman
Women Are (Allegedly) People, Too, Joanna L. Grossman
Faculty Journal Articles and Book Chapters
No abstract provided.
The Seeds Of Early Childhood, Joanna L. Grossman
The Seeds Of Early Childhood, Joanna L. Grossman
Faculty Journal Articles and Book Chapters
The trajectory of childhood is often shaped before childhood even begins. Pre-birth inequalities are not natural or inevitable. Rather, we create and cement policy choices that reduce access to adult healthcare, restrict accessible contraception, impede access to abortion, and deny prenatal care. Together, these choices mean that, in the United States, we maintain very high rates of unwanted pregnancy and increasingly high rates of maternal mortality and morbidity, burdens that fall disproportionately on women of color and women of lower socioeconomic status. Equality demands that we address these disproportionate burdens.
Close Encounters: A Feminist Legal Theory Analysis Of The State Treatment Of Female Child Sexual Abuse Victims, Jessica Dixon Weaver
Close Encounters: A Feminist Legal Theory Analysis Of The State Treatment Of Female Child Sexual Abuse Victims, Jessica Dixon Weaver
Faculty Journal Articles and Book Chapters
This article explores the way in which the law currently deals with sexual violence against female children in the home – evaluating the ways in which the state has access to the private realm of the family and the ways in which civil and criminal legal systems deal with this type of trauma to girls across a spectrum of time. Research shows that the child protection system only captures a small percentage of sexual abuse right after it happens. However, research also shows that female child sex abuse survivors appear in statistically significant numbers among other groups – drug and …
Expanding The Core: Pregnancy Discrimination Law As It Approaches Full Term, Joanna L. Grossman
Expanding The Core: Pregnancy Discrimination Law As It Approaches Full Term, Joanna L. Grossman
Faculty Journal Articles and Book Chapters
The advocates behind the Pregnancy Discrimination Act (PDA) of 1978 had one very specific mission: to override the Supreme Court’s 1976 decision in General Electric v. Gilbert, in which it had curiously held that pregnancy discrimination had nothing to do with gender and was thus not a form of actionable sex discrimination under Title VII of the Civil Rights Act of 1964. The Court was not acting on a blank slate; it had used the same reasoning two years earlier to hold, in Geduldig v. Aiello, that pregnancy discrimination was not sex discrimination for equal protection purposes and therefore was …
Unprotected Sex: The Pregnancy Discrimination Act At 35, Deborah L. Brake, Joanna L. Grossman
Unprotected Sex: The Pregnancy Discrimination Act At 35, Deborah L. Brake, Joanna L. Grossman
Faculty Journal Articles and Book Chapters
Thirty-five years ago, Congress passed the Pregnancy Discrimination Act to overturn a Supreme Court decision refusing to recognize pregnancy discrimination as a form of discrimination based on sex. Now, three and a half decades later, women whose work lives are impacted by pregnancy are again finding themselves unprotected from discrimination. Lower court rulings have eviscerated the Act’s protections at the same time that an expansion of worker rights under the Americans with Disabilities Act should redound to the benefit of pregnant women by expanding the pool of comparators who receive accommodations. By following trends in discrimination law generally - equating …
Grandma In The White House: Legal Support For Intergenerational Caregiving, Jessica Dixon Weaver
Grandma In The White House: Legal Support For Intergenerational Caregiving, Jessica Dixon Weaver
Faculty Journal Articles and Book Chapters
Marian Robinson’s status as the live-in First Grandmother is an example of a growing trend in the United States - the multigenerational family. The 2010 United States Census Data reflects that the number of households with multiple generations living under one roof has increased by 25% this decade. Mrs. Robinson also reflects another new development in American families: grandparents helping their adult children with caregiving. More than 70% of grandparents are taking care of their grandkids on a regular basis, and 13% are primary caretakers. Many grandparents treat their role as caregiver like a profession, and they sacrifice jobs, residences, …
A Private Underworld: The Naked Body In Law And Society, Lawrence M. Friedman, Joanna L. Grossman
A Private Underworld: The Naked Body In Law And Society, Lawrence M. Friedman, Joanna L. Grossman
Faculty Journal Articles and Book Chapters
In general, the literature on privacy stresses, quite naturally, our right to keep things private, or to make our own decisions. The individual, the citizen, is the center of gravity. There is a great deal of material on the limits of privacy, on threats to privacy, and the like. In this Article, the authors want to discuss what one might call mandatory privacy: those aspects of life that we are required to keep secret, hidden, or private, the things that we must keep private, whether we want to or not. This is a subject that has been mostly, though not …
The New Illegitimacy: Tying Parentage To Marital Status For Lesbian Co-Parents, Joanna L. Grossman
The New Illegitimacy: Tying Parentage To Marital Status For Lesbian Co-Parents, Joanna L. Grossman
Faculty Journal Articles and Book Chapters
Should a child be allowed two legal parents only if born into a marriage? For children of heterosexual parents, the answer, today, is definitively "no." Constitutional protection for parental rights does not permit the ties between an unwed father and his child to be severed simply because he is not married to the child's mother. But the answer is often different for the child of a lesbian mother. In a recent opinion, Debra H. v. Janice R., the New York Court of Appeals ruled that a lesbian co-parent- a woman who had participated in the conception, birth, and early rearing …
African-American Grandmothers: Does The Gender-Entrapment Theory Apply? Essay Response To Professor Beth Richie, Jessica Dixon Weaver
African-American Grandmothers: Does The Gender-Entrapment Theory Apply? Essay Response To Professor Beth Richie, Jessica Dixon Weaver
Faculty Journal Articles and Book Chapters
Many African-American grandmothers are entrapped by the cycle of incarceration in poor black communities. This Essay explores whether the social and economic conditions that compel battered women to commit crimes also impact their mothers - who end up raising the children they leave behind. Professor Beth Richie's theory of gender entrapment as described in her book, “Compelled to Crime,” is not limited to incarcerated women who have been victims of domestic violence. African-American grandmothers who take on the role of kinship caregivers for their grandchildren are also entrapped by a complex interplay of race, gender, and class, making them vulnerable …
It's The Hard Luck Life: Women's Moral Luck And Eucatastrophe In Child Custody Allocation, Lolita Buckner Inniss
It's The Hard Luck Life: Women's Moral Luck And Eucatastrophe In Child Custody Allocation, Lolita Buckner Inniss
Faculty Journal Articles and Book Chapters
No abstract provided.
Pregnancy, Work, And The Promise Of Equal Citizenship, Joanna L. Grossman
Pregnancy, Work, And The Promise Of Equal Citizenship, Joanna L. Grossman
Faculty Journal Articles and Book Chapters
No abstract provided.
Gender, Law, And Detention Policy: Unexpected Effects On The Most Vulnerable Immigrants, Carla L. Reyes
Gender, Law, And Detention Policy: Unexpected Effects On The Most Vulnerable Immigrants, Carla L. Reyes
Faculty Journal Articles and Book Chapters
The United States immigration system is especially difficult for children to navigate. Advocates commonly argue that this difficulty stems largely from the poor fit resulting from the application of a system designed for adults to the reality of the child immigrant experience. Advocacy efforts, including those that resulted in changes to detention policy and substantive immigration law regarding Unaccompanied Alien Children (UAC), therefore focus on modifying the system to recognize children as subjects, rather than objects, of immigration law. This article argues that the present efforts to streamline the immigration detention and relief experience for UACs by combating adult-centered bias …
A 'Ho New World: Raced And Gendered Insult As Ersatz Carnival And The Corruption Of Freedom Of Expression Norms, Lolita Buckner Inniss
A 'Ho New World: Raced And Gendered Insult As Ersatz Carnival And The Corruption Of Freedom Of Expression Norms, Lolita Buckner Inniss
Faculty Journal Articles and Book Chapters
Carnivalization, a concept developed by literary theorist Mikhail Bakhtin and later employed in broad social and cultural contexts, is the tearing down of social norms, the elimination of boundaries and the inversion of established hierarchies. It is the world turned upside down. Ersatz carnival is a pernicious, inverted form of carnival, one wherein counter discourses propounded by outsiders are appropriated by elites and frequently redeployed to silence and exclude those same outsiders. The use of the slur 'ho by gangsta' rappers in the performance of songs that articulate a vision of urban culture is an example of carnivalization. However, when …
Social Factoring The Numbers With Assisted Reproduction, Lolita Buckner Inniss, Bridget J. Crawford
Social Factoring The Numbers With Assisted Reproduction, Lolita Buckner Inniss, Bridget J. Crawford
Faculty Journal Articles and Book Chapters
In early 2009 the airwaves came alive with sensational stories about Nadya Suleman, the California mother who gave birth to octuplets conceived via assisted reproductive technology. Nadya Suleman and her octuplets are vehicles through which Americans express their anxiety about race, class and gender. Expressions of concern for the health of children, the mother's well-being, the future of reproductive medicine or the financial drain on taxpayers barely conceal deep impulses towards racism, sexism and classism. It is true that the public has had a longstanding fascination with multiple births and with large families. This is evidenced by a long history …
Making Pregnancy Work: Overcoming The Pregnancy Discrimination Act's Capacity-Based Model, Joanna L. Grossman, Gillian Thomas
Making Pregnancy Work: Overcoming The Pregnancy Discrimination Act's Capacity-Based Model, Joanna L. Grossman, Gillian Thomas
Faculty Journal Articles and Book Chapters
This article considers the gaps and obstacles in current law faced by the pregnant woman whose job duties may conflict with pregnancy's physical effects. While there is no inherent conflict between pregnancy and work, women in physically strenuous or hazardous occupations, from nursing to law enforcement, routinely confront situations in which they are physically unable to perform aspects of their job or, though physically able, they seek to avoid certain tasks or situations because of the potential risks to maternal or fetal health. The Pregnancy Discrimination Act of 1978 (PDA) broadly protects against "pregnancy discrimination," but it provides absolute rights …
The Failure Of Title Vii As A Rights-Claiming System, Deborah L. Brake, Joanna L. Grossman
The Failure Of Title Vii As A Rights-Claiming System, Deborah L. Brake, Joanna L. Grossman
Faculty Journal Articles and Book Chapters
This Article takes a comprehensive look at the failure of Title VII as a system for claiming nondiscrimination rights. The Supreme Court's recent decision in Ledbetter v. Goodyear Tire & Rubber Company, 127 S. Ct. 2162 (2007), requiring an employee to assert a Title VII pay discrimination claim within 180 days of when the discriminatory pay decision was first made, marks the tip of the iceberg in this flawed system. In the past decade, Title VII doctrines at both ends of the rights-claiming process have become increasing hostile to employees. At the front end, Title VII imposes strict requirements on …
Job Security Without Equality: The Family And Medical Leave Act Of 1993, Joanna L. Grossman
Job Security Without Equality: The Family And Medical Leave Act Of 1993, Joanna L. Grossman
Faculty Journal Articles and Book Chapters
This piece reevaluates the passage and implementation of the Family and Medical Leave Act (FMLA) against the egalitarian ideal described by the Supreme Court in its recent decision in Nevada Department of Human Resources v. Hibbs. The Court in Hibbs upheld the FMLA against an Eleventh Amendment challenge, concluding that Congress enacted the law as a congruent and proportional remedy to the longstanding history of state-sponsored discrimination against working women. According to the Court, Congress enacted the FMLA to remedy a longstanding history of discrimination against working women by forcing employers to offer caretaking leave on gender-neutral terms. At least …
Sex, Marriage, Medicine, And Law: 'What Hope Of Harmony?', Thomas Wm. Mayo
Sex, Marriage, Medicine, And Law: 'What Hope Of Harmony?', Thomas Wm. Mayo
Faculty Journal Articles and Book Chapters
This essay offers a critique of the Kansas Supreme Court's decision in In re Estate of Gardiner, 42 P.3d 120 (Kan. 2002), and similar cases that hold that for purposes of the opposite-sex marriage rule, an individual's sex is determined at birth, is genetically fixed, and cannot be changed through surgery or hormone therapy. The result for transgendered individuals is a legal regime that is hostile to medical care that brings external sex characteristics into line with sexual identity. The result for society is a legal rule that is at odds with scientific opinion. Finally, the result for the opposite-sex …
Metaphors Matter: How Images Of Battle, Sports And Sex Shape The Adversary System, Elizabeth G. Thornburg
Metaphors Matter: How Images Of Battle, Sports And Sex Shape The Adversary System, Elizabeth G. Thornburg
Faculty Journal Articles and Book Chapters
Metaphors are not pretty figures of speech; they affect the way people within cultures perceive reality. It is therefore significant that the metaphors most commonly used for the adversary system center on war and sports. This tends to over-emphasize the competitive aspects of litigation and disguise opportunities for more cooperative behavior. This article collects and analyzes those metaphors, and discusses the reasons for their powerful hold on legal culture. It also considers some of the negative effects of the metaphorical system and speculates about whether we could find and nurture alternative metaphors.
Women's Jury Service: Right Of Citizenship Or Privilege Of Difference?, Joanna L. Grossman
Women's Jury Service: Right Of Citizenship Or Privilege Of Difference?, Joanna L. Grossman
Faculty Journal Articles and Book Chapters
The Supreme Court recently declared that peremptory challenges based on sex, like those based on race, violate the Equal Protection Clause of the Fourteenth Amendment. In this note, Joanna Grossman argues that the Court has finally established the right of women to serve on juries. Women's rights advocates had fought for this right for more than a century, but courts refused to recognize that women were harmed by exclusion from juries and denied any connection between women's jury service and citizenship. Instead, courts focused on gender difference and only eliminated legal barriers to women's jury service when it was necessary …