Category Archives: Gender Issues

New Report: Women’s Student Debt Crisis in the United States

New Report: Women’s Student Debt Crisis in the United States, American Association of University Women, Updated May 2018.

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ICYMI (In Case You Missed It): 7 posts you should have seen this week but probably didn’t

In a week dominated by tragedy in Greece, Michael Cohen, and the aversion of trade war with Europe, there’s a lot that got swept under the rug. ICYMI:

(1) Tamar Haspel, The true connection between poverty and obesity isn’t probably what you think, Wash. Post, July 20, 2018.

(2) Myrna Pérez, How the Midterm Elections May Be Compromised, NYTimes.com, July  19, 2018.

(3) Charlotte Graham-McLay, New Zealand Grants Domestic Violence Victims Paid Leave, NYTimes.com, July 26, 2018. In a shocking reminder of what is possible when individuals in crisis are treated humanely and afforded a small measure of decency…

(4) Dylan L. Scott, Why Trump’s attacks on preexisting conditions are an attack on women, Vox.com, July 26, 2018. women_afford_care

 

 

 

 

 

(5) Dara Lind, Americans are stepping up to show reunited migrant families there’s more to their country than Trump, Vox.com, July 26, 2018. An informal welcoming committee is offering support — with everything from plane tickets to birthday cupcakes.

(6) Julia Carrie Wong, A year after Charlottesville, why can’t big tech delete white supremacists, TheGuardian.com, July 25, 2018.

(7) Tal Kopan & Nick Valencia, Exclusive: Listen to separated moms beg for their kids in court, CNN.com, July 24, 2018.

New Article: Intersectional Barriers to Tenure

New Article: Meera E. Deo,  Intersectional Barriers to Tenure, Cal Davis Law Review, Vol. 51, 2018.

As the title suggests, this article dissects the problems rife within law schools which present barriers to a more diverse academic legal community.

New Article: Advocacy in Ideas: Legal Education and Social Movements

New Article: Monica Bell, Tanya K. Hernandez, Solangel Maldonado, Rachelle Holmes Perkins, Chantal Thomas, Olatunde C.  Johnson, Elise Lopez, Advocacy  in Ideas: Legal Education and Social Movements, Columbia University Academic Commons, 2018. Abstract below:

Panel moderated by Professor Olatunde Johnson, featuring Professors Monica Bell, Tanya K. Hernández, Solangel Maldonado, and Chantal Thomas. Introduced by Elise Lopez. This panel is really an opportunity to explore the role of women of color in shaping ideas in the legal academy and in legal discourse more broadly. Everyone on this panel today is a professor and has joined legal academia, but what I think we really want to emphasize through this is that for many of us it begins in law school, where you can engage in shaping ideas through the writing that you do in your courses and in journals, in taking leadership positions in journals, and in organizing conferences like this.

New Op-Ed: The situation on the streets

SF homelessness

New Op-Ed: Kevin Fagan, The situation on the streets, San Francisco Chronicle, June 28, 2018.

New Article: Now We Know Better: A New Legal Framework on Sex to Better Promote Autonomy, Equality, Diversity, and Care for the Poor

New Article: Helen M. Alvare, Now We Know Better: A New Legal Framework on Sex to Better Promote Autonomy, Equality, Diversity, and Care for the Poor, Buffalo Law Review Forthcoming; George Mason Legal Studies Research Paper No. LS 18-05. Abstract below:

Over especially the last 50 to 60 years, US laws and policies concerning the sexual relationships between men and women have more consciously articulated a need to pursue social justice according to the categories of autonomy, equality, diversity and care for the poor. These categories are admirable on their face and responsive to the times in which they emerged. They are particularly well-suited to the history of discrimination against women and African Americans in the US. They were strongly influenced, inter alia, by the development of contraceptive technology and an array of social welfare initiatives, the rise of feminism and civil rights, and a growing belief in the importance of sexual happiness. The laws and policies designed to achieve these goals, however, are currently insufficient. They relied on various presumptions about human preferences and behaviors, children’s needs, and the relationship marketplace — especially among the poor — which proved inadequate or false. Consequently while these categories remain relevant and important, US law and policy concerning sexual relationships need to be updated and rebalanced in order to achieve progress toward equality, autonomy, diversity and care for the poor.

Supreme Court nominee news coverage compilation: What is at stake?

Dominating the headlines this week is the news of Justice Kennedy’s retirement from the Supreme Court. This political bombshell comes amidst the turmoil of the separation of immigrant families. In an effort to digest some of the key facets of the situation, here is a compiled list of sources discussing various aspects of the political environment surrounding the soon-to-be nomination process and it’s impact on American jurisprudence (and more immediate aspects of American life, namely reproductive rights).

If you have things that would be good to add, please email me. Feel free to send information along via Twitter also (@EzraRosser).

A. Politics

B. Opinions on the current predicament

 

News Coverage: Equal pay for women elusive 55 years after landmark law

equalpay_office_istockNews coverage: Niv Elis, Equal pay for women elusive 55 years after landmark law, The Hill, June 13, 2018.

New Article: Pregnancy, Poverty and the State

New article: Pregnancy, Poverty and the State, Michele Goodwin & Erwin Chemerinsky, Yale Law Journal, Vol. 127, 2018. Forthcoming UC Irvine School of Law Research Paper No. 2018-21. Abstract below:

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.

New Article: “In an Avalanche Every Snowflake Pleads Not Guilty”: The Collateral Consequences of Mass Incarceration and Impediments to Women’s Fair Housing Rights

New Article: George Lipsitz, “In an Avalanche Every Snowflake Pleads Not Guilty”: The Collateral Consequences of Mass Incarceration and Impediments to Women’s Fair Housing Rights, 59 UCLA L. Rev. 1746 (2012). Abstract below:

In our society, individual acts of intentional discrimination function in concert with historically created vulnerabilities; these vulnerabilities are based on disfavored identity categories and amplify each injustice and injury. Although anyone can be a victim of housing discrimination, women of color suffer distinct collateral injuries from barriers to housing that are collective and cumulative in nature. At the intersections of race and gender, the welfare and dignity of black women and Latinas are undermined by the national failure to enforce fair housing and fair employment laws, by the concentration of poverty in neighborhoods inhabited largely by blacks and Latinos, by the criminalization of poverty, by the proliferation of punishments inside the criminal justice system, and by the expansion of the collateral consequences of arrests and criminal convictions in society at large. Produced by a plethora of public policies and private actions, these injuries entail more than denials of rights and resources to individuals. They evidence the existence and extent of a concentrated political attack on communities of color. Women play a central role in these practices because punitive policies are almost always legitimated by allegations of nonnormative behavior by poor people and people of color, allegations that occlude the actual intersectional vulnerabilities created by multiple forms of raced and gendered exploitation inscribed inside the routine practices of contemporary capitalism. This Article delineates how housing and employment discrimination combine to make black women and Latinas particularly vulnerable to surveillance, arrest, and incarceration. It shows how race and gender discrimination make reentry into society especially difficult for women ex-offenders from aggrieved communities of color. It establishes the historical causes and consequences of moral panics about the putative misbehavior of women of color, and it concludes by proposing a combination of litigation, legislation, and social mobilization to address the execrable consequences of intersectional discrimination and mass incarceration.