Category Archives: Gender Issues

Blog Post: “The Economics of Family Behavior”

Blog Post: June Carbone & Naomi Cahn, The Economics of Family Behavior, Inst. for Family Studies, Feb. 8, 2018.

Advertisements

Op-Ed: “Single Mothers Are Not the Problem”

Op-Ed: David Brady et al., Single Mothers Are Not the Problem, N.Y. Times, Feb. 11, 2018.

New Article: “A Poor Mother’s Right to Privacy: A Review”

New Article: Danielle Keats Citron, A Poor Mother’s Right to Privacy: A Review, 98 B.U. L. Rev. (2018, Forthcoming). Abstract below:

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.

New Article: “Stuck or Rooted? The Costs of Mobility and the Value of Place”

Naomi Schoenbaum, Stuck or Rooted? The Costs of Mobility and the Value of Place, 127 Yale L.J. F. 458 (2017)[Abstract below]

David Schleicher has written an important article on the relationship between law and mobility, arguing for policymakers to be more concerned with policies that stand in the way of individuals moving to bigger, more productive cities. This Response takes up the costs of mobility for productivity, welfare, and sex equality omitted by Schleicher, and addresses Schleicher’s treatment of place as a market. It argues that Schleicher’s argument fails to account for how mobility interacts with critical relationships. While Schleicher’s view of productivity is premised in agglomeration economics, he ignores how mobility ruptures the very relationships on which the benefits of agglomeration (and broader welfare metrics) depend. He also misses how moves often are not made by individuals, but rather by families, and neglects the fact that such moves often entail losses for women. Finally, Schleicher’s treatment of place as a market, where individuals should essentially move to the highest bidder, ignores how our attachments to places run far deeper than the labor market opportunities they afford.

Article: “The Desert of the Unreal: Inequality in Virtual Augmented Reality”

Mary A. Franks, The Desert of the Unreal: Inequality in Virtual Augmented Reality, SSRN Aug. 8th, 2017. Abstract below:

 

The world we all live in is structured by inequality: of gender, race, class, sexual orientation, disability, and more. The promoters of virtual and augmented reality often claim that they offer a more perfect world, one that offers more stimulation, more connection, more freedom, more equality. For such technologies to be considered truly innovative, they should in some sense move us beyond our current limitations and prejudices. But when existing inequalities are unacknowledged and unaddressed in the “real” world, they tend to be replicated and augmented in virtual realities. We make new worlds based on who we are and what we do in old ones. All of our worlds, virtual and physical, are the product of human choice and human creation. The developers of virtual and augmented reality make choices about which aspects of our lived history they want to replicate, enhance, or change. The design – and design flaws – of new virtual and augmented reality technologies reveal much about the values of their developers and their consumers, providing a unique opportunity to evaluate just how innovative new technologies are with regard to social inequality.

 

New Book: “The Poverty of Privacy Rights”

KBNew Book: Khiara M. Bridges, The Poverty of Privacy Rights (Stanford Univ. Press, 2017). Overview below:

The Poverty of Privacy Rights makes a simple, controversial argument: Poor mothers in America have been deprived of the right to privacy.

The U.S. Constitution is supposed to bestow rights equally. Yet the poor are subject to invasions of privacy that can be perceived as gross demonstrations of governmental power without limits. Courts have routinely upheld the constitutionality of privacy invasions on the poor, and legal scholars typically understand marginalized populations to have “weak versions” of the privacy rights everyone else enjoys. Khiara M. Bridges investigates poor mothers’ experiences with the state—both when they receive public assistance and when they do not. Presenting a holistic view of just how the state intervenes in all facets of poor mothers’ privacy, Bridges shows how the Constitution has not been interpreted to bestow these women with family, informational, and reproductive privacy rights. Bridges seeks to turn popular thinking on its head: Poor mothers’ lack of privacy is not a function of their reliance on government assistance—rather it is a function of their not bearing any privacy rights in the first place. Until we disrupt the cultural narratives that equate poverty with immorality, poor mothers will continue to be denied this right.

The introduction is also available on SSRN here.

New Report: “Protections Delayed: State Housing Finance Agency Compliance With The Violence Against Women Act”

New Report: “Protections Delayed: State Housing Finance Agency Compliance With The Violence Against Women Act” (2017).

News Article: “Trauma and the Welfare State: A Genealogy of Prostitution Courts in New York City”

New Article: Amy J. Cohen, Trauma and the Welfare State: A Genealogy of Prostitution Courts in New York City, 95 Tex. L. Rev. 915 (2017).

Article: “Hun, I Want You for Dessert”: Why Eliminating the Sub-Minimum Wage for Restaurant Servers Will Empower Women

Suzanne Specker, “Hun, I Want You for Dessert”: Why Eliminating the Sub-Minimum Wage for Restaurant Servers Will Empower Women, 19 U. Pa. J.L. & Soc. Change 335 (2017).

 

Article: Countering Neoliberalism and Aligning Solidarities: Rethinking Domestic Violence Advocacy

Article: Deborah M. Weissman, Countering Neoliberalism and Aligning Solidarities: Rethinking Domestic Violence Advocacy, Southwestern University L. Rev. (forthcoming).

This article seeks to situate domestic violence in a larger analytical frame of the political economic, to extend institutional responsibility for violence beyond the criminal justice system, and to form common bonds with other social justice initiatives. It argues that improved remedies for domestic violence victims lie within the reform of the political economy. It examines the efficacy of integrating anti-domestic violence initiatives into realms of work and labor and issues pertaining to the financialization of everyday life, as a way to engage larger questions bearing on economic justice and structural social change. The relationship between domestic violence and political economy is under-theorized and constrained by prevailing neoliberal paradigms. Moreover, deepening wealth inequality in capitalist societies has produced new forms of suffering within families, which underscores the need for diverse constituencies to act in concert and in common political cause. Shifting domestic violence strategies so that they operate within the frame of the political economy may generate greater opportunities for coalition building for and with domestic violence advocates.

The relevance of economic security has loomed large in domestic violence advocacy, to be sure. It has been properly identified as a critical factor that determines whether a victim can escape domestic violence. However, advocacy in this area has been often circumscribed by a narrow focus on individual circumstances, reliance on a residualist welfare state that perceives dependency on public assistance as moral deficiency. Too often economic justice initiatives designed to mitigate domestic violence have been fitted neatly within neoliberal economics that fail to provide meaningful social change. These responses have failed to challenge such policies while discounting the full impact of the neoliberal model on one’s ability to escape domestic violence.

This article relies on the scholarship that considers the impact of neoliberalism on law and social justice claims to provide a contextual examination of the ways in which the constraints of neoliberalism hinder efforts to address laws gender-based violence. It describes and then critiques current economic-related strategies offered by the state and the market designed to improve outcomes for victims of domestic violence and questions the “sources of submission” by domestic violence advocates to a neoliberal pragmatic. It offers proposals to advance economic security in ways that join domestic violence advocacy with other forms of socio-economic advocacy that provide additional progressive promise, but does so cautiously as “[n]eoliberalism is everywhere and nowhere; its custodians are largely invisible.” It suggests that transforming the ways in which attention is paid to economic concerns provides a complementary if not alternative way of understanding and addressing the phenomenon of domestic violence through the broad perspective of socio-economic justice.