Congratulations to @UDCLaw Legislation Clinic on its Award as an @DV_LEAP Community Champion

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The Legislation Clinic at the University of District of Columbia David A. Clarke School of Law has been named as a “DV Leap Community Champion” for its research work on behalf of that organization, which is national leader in appellate advocacy on behalf of survivors.

Congratulations to Professor Marcy Karin and Professor Chris Hill and the students participants in the Legislation Clinic for their excellent work!

The Clinic will be honored at the organization’s “Tip the Scales of Justice” 2021 Tree Planting on October 10. More info here.

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Do-Gooder #Menstrual Capitalism with a Dose of Public Relations Built In

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Summer 2020 included the tweetstorm publicizing the awful (and arguably unconstitutional, so say Emily Waldman and I) prohibitions on bar examinees bringing their own menstrual products to the exam.

In response, the menstrual underwear company Thinx offered to send a free pair of underwear to bar exam takers who would pay the shipping costs:

No doubt, these give-aways provided much relief to bar exam takers. At first take, the freebies also appear to be a welcome act of corporate “do-gooder-ism” — a nice way to help people in an unfair situation. I stand by that analysis.

But let’s also not forget that many corporate give-aways are designed to build brand loyalty, and thus are part of the system of menstrual capitalism. Consider this tweet by a bar examinee (whose name I have redacted for privacy; the tweeter’s identity isn’t relevant to the point):

No hate. The bar examinee is understandably supportive of the company that helped her out. And in doing the helping, Thinx acquired a loyal follower who “will never stop shouting out this amazing company.” 

Along with brand loyalty, Thinx’s give-aways also generate free publicity for its products (smart move). The give-aways distract consumers from looking too closely at the company’s past. Recall that Thinx’s founder, Miki Agarwal, resigned amidst accusations that she sexually harassed employees, and then later made light of those accusations.

Companies like Thinx sell products by appealing to pro-feminist messages like body positivity and menstrual equity. Their give-aways to bar examinees and others are baked into the corporate profit model. Nothing wrong with that. Just maybe not every company that gives away products is as “feminist” as consumers might wish. 

That’s why Victoria Haneman (Creighton) has suggested (here) looking at corporate structures, and B-corp status in particular, as a sorting mechanism. Her piece is worth a read.

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Emory Law Faculty Hiring Announcement

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Emory Law seeks to fill four faculty positions to begin in the 2022-23 academic year.  Entry-level candidates are strongly encouraged to participate in the AALS Faculty Appointments Register. Lateral candidates should complete the online application which requires creating an account, uploading a resume or CV, and providing basic personal information. In addition, applicants should submit a cover letter, a current CV, a published or unpublished academic article, a brief research agenda, and an indication of teaching interests (if not listed on the CV) to the chair of the Faculty Appointments Committee: Fred Smith, at law.faculty.appointments@emory.edu. Applications will be considered on a rolling basis. The positions are as follows: 

Assistant or Associate Professor- Criminal Law 

The Emory University School of Law invites applications from entry-level or lateral candidates. The position is open to entry-level and lateral candidates for appointment at the rank of assistant professor (tenure track) or associate professor (tenure track). Candidates should be either new to law teaching or junior lateral candidates with no more than four years in a tenure-track position. The successful candidate should have a demonstrated record of exceptional scholarship and teaching in the area of criminal law along with an evident commitment to institutional service. This position requires the applicant to have obtained a J.D., Ph.D., or equivalent degree.  

Assistant or Associate Professor- Environmental Law 

Emory University School of Law seeks to fill a tenure-track position in environmental law. The position is open to entry-level and lateral candidates for appointment at the rank of assistant professor (tenure track) or associate professor (tenure track). Candidates should be either new to law teaching or junior lateral candidates with no more than four years in a tenure-track position. Candidates must have a J.D., Ph.D., or equivalent degree, and a distinguished academic record. Candidates should have a strong track record and/or show outstanding promise in research in environmental law (including, for example, land use, environmental justice, climate change, and natural resources) and the ability to teach the basic environmental law course and allied courses, especially property.    

Assistant or Associate Professor- Tax Law 

Emory University School of Law seeks to fill a position in tax law. The position is open to entry-level and lateral candidates for appointment at the rank of assistant professor (tenure track), associate professor (tenure track), or associate professor (with tenure). Candidates must have a J.D., Ph.D., or equivalent degree, and a distinguished academic record. Candidates should have a strong track record and/or show outstanding promise in research in tax law or related fields, and the ability to teach one or more tax courses.  

Sam Nunn Chair of Professionalism and Ethics 

Emory University School of Law seeks applications from distinguished scholars for the Sam Nunn Chair in Ethics and Professionalism. Candidates should have exceptional records in research, teaching, and service and have attained a J.D., Ph.D., or equivalent degree. Candidates should also currently hold a tenured academic appointment.     

The subject-matter focus of the Sam Nunn Chair is intentionally broad. Under the terms of the endowment supporting the position, the Chair will have the support of the law school in hosting a conference on issues related to ethics and professionalism approximately every four years. Candidates for the position, however, need not focus centrally on these themes in their work.    

The Chair may be of particular interest to scholars whose research examines ethics, professionalism, complex litigation, judging, dispute resolution, representation of corporate entities, implications of AI and big data for the profession and legal practice, and other related areas. Nevertheless, distinguished scholars with an interest in ethics and professionalism are encouraged to apply, regardless of their area of specialization.  Previous chairholders include scholars in the fields of products liability, feminist theory, law and religion, family law, and federal housing policy.  

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Spindelman on “Justice Gorsuch’s Choice”

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Marc Spindelman (Ohio State) has posted to SSRN his essay Justice Gorsuch’s Choice: From Bostock v. Clayton County to Dobbs v. Jackson Women’s Health Organization, 13 ConLawNOW 11 (2021). Here is the abstract:

Informed speculation holds that the Supreme Court’s decision to hear and decide Dobbs v. Jackson Women’s Health Organization spells bad news for constitutional abortion rights. Recognizing both the stakes and the odds, this brief commentary engages Justice Neil Gorsuch’s majority opinion in Bostock v. Clayton County and the prospects that it opens up in Dobbs for a future for—not against—abortion rights. Bostock’s pro-gay and pro-trans sex discrimination rulings are built atop—and go out of their way to reaffirm—women’s statutorily-grounded economic and social rights, and hence women’s equal citizenship stature. Moreover, the final decision in the case emerges after judicial wrestling with rule of law concerns involving legal and social stability. In both of these respects, Bostock aligns with the controlling opinion in Planned Parenthood v. Casey, a decision that Justice Gorsuch, like other justices in Dobbs, might yet in principle reaffirm. After exploring some of Casey’s doctrinal implications and its example of judicial moderation, discussion turns to Casey’s often overlooked spiritual dimensions. Not only does Casey’s spiritual pluralism on the abortion right and its limits converge with important features of Bostock, but it also actively counsels a decision in Dobbs giving Casey and what it preserves of Roe a new lease on life as part of a larger effort to preserve the American public’s shared faith in a constitutional republic that everyone in Dobbs wishes to keep.

The full piece is available here.

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Professor Marie-Amélie George Receives 2021 Haub Law Emerging Scholar Award in Gender & Law

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Portrait of Professor Marie-Amélie George

Professor Marie-Amélie George

Professor Marie-Amélie George (Wake Forest) has been selected as the winner of the 2020-2021 Haub Law Emerging Scholar Award in Gender & Law for her paper Exploring Identity, 54 Fam. L. Q. (forthcoming 2021). Professor George is an Associate Professor; she teaches Civil Procedure, Family Law, Professional Development, and Public Interest Advocacy.

Professor George’s research focuses on LGBTQ rights, analyzing how and why laws have changed, as well as the ways that history can provide insight into current legal debates and contemporary normative questions. Her scholarship has explored a broad range of gender-related issues including conversion therapy bans, gay and lesbian parenting issues, the decriminalization of sodomy, and the advancement of trans rights. Her scholarship has appeared or is forthcoming in the Northwestern Law Review, Florida Law Review, Wisconsin Law Review, and Alabama Law Review, among others.

Read the full announcement here.

Congratulations, Professor George!

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Society for Menstrual Cycle Research “Extra! Extra! Menstruation Research Slam”

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Society for Menstrual Cycle Reserach Logo

On Thursday, August 5, 2021, the Society for Menstrual Cycle Research (SMCR) will host an online mini-conference on menstruation and reproductive health. The program is a showcase of rapid-fire 5 minute oral presentation delivered by SMCR early career researchers, graduate students and activists.

Registration is free (here). The program is after the fold.

Continue reading

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CFP: Applied Feminism and “The Big Idea” @UBaltLaw April 8, 2022

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The Center on Applied Feminism at the University of Baltimore School of Law seeks paper proposals for the Thirteenth Annual Feminist Legal Theory Conference.  We hope you will join us for this exciting conference on Friday, April 8, 2022.  This year, we aim to capture, develop, and disseminate cutting edge theorizing around issues of gender equity and intersectionality. 

We are in a tumultuous period of history in which we are grappling with a global health pandemic and sharp political polarization, while also experiencing flourishing movements for racial and gender justice.  This is a time for innovation and creativity — for highlighting ideas that create a more just society. We want to explore how feminist legal theory is responding and growing during this time and bridging toward a future of greater gender and intersectional justice. Thus, we seek submissions of papers that have “big ideas” about issues related to feminist legal theory and other critical legal theories from a variety of substantive disciplines and perspectives. As always, the Center’s conference will serve as a forum for scholars, practitioners, and activists to share ideas about applied feminism, focusing on connections between theory and practice to effectuate social change. The conference will be open to the public and will feature a keynote speaker. Past keynote speakers have included Nobel Laureate Toni Morrison, Dr. Maya Angelou, and Gloria Steinem.

To submit a paper proposal, by Friday, October 29, 2021, please complete this form and include your 500 word abstract: https://forms.gle/L4rdht7te3WuRTtPA We will notify presenters of selected papers by early December. About half the presenter slots will be reserved for authors who commit to publishing in the annual symposium volume of the University of Baltimore Law Review. Thus, the form requests that you indicate if you interested in publishing in the University of Baltimore Law Review’s symposium issue. Authors who are interested in publishing in the Law Review will be strongly considered for publication. For all presenters, working drafts of papers will be due no later than March 18, 2022. Presenters are responsible for their own travel costs; the conference will provide a discounted hotel rate as well as meals.

We look forward to your submissions. If you have further questions, please contact Prof. Michele Gilman at mgilman@ubalt.edu. For additional information about the conference, please visit law.ubalt.edu/caf.

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DePaul Faculty Hiring Announcement

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DePaul University College of Law invites applications from entry-level candidates for a tenure-track position expected to begin July 1, 2022. We welcome applications from qualified candidates across all areas and specializations, but we have particular interest in the areas of Constitutional Law, Criminal Law and Criminal Procedure, and Race, Inequality and the Law. DePaul College of Law is dedicated to fostering an equitable and inclusive academic community. We enthusiastically encourage applicants who would enrich the diversity of our community to apply.

All candidates must hold a J.D. or equivalent degree, possess excellent academic credentials, and demonstrate potential to be an outstanding scholar and teacher. Interested candidates should apply online at https://apply.interfolio.com/89265. Required materials include a cover letter, curriculum vitae, list of references, research statement, diverse learning environment statement, writing sample, and teaching evaluations (if available).

DePaul University College of Law is dedicated to excellence as Chicago’s law school, with its distinctive programs integrated throughout the city. Centered in the Loop — the heart of downtown Chicago, one of the world’s largest business and communication hubs — the College of Law is only a few blocks from the state and federal courts, bar associations, and the city’s historic legal and financial center. The law school is an integral part of DePaul University, a world-class institution of higher learning. DePaul Law is committed to improving the legal community by educating purpose-driven lawyers who will serve the public and legal profession in ways that enhance the broader community. 

To learn more, please visit https://law.depaul.edu/.

DePaul University is an Equal Opportunity / Affirmative Action employer.  All qualified applicants will receive consideration for employment without regard to race, color, ethnicity, religion, sex, sexual orientation, gender identity, national origin, age, marital status, physical or mental disability, protected veteran status, genetic information or any other legally protected status, in accordance with applicable federal, state and local EEO laws.

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Updated Guide for Submission of Law Review Articles to Specialty Law Reviews and Journals in Gender, Women & Sexuality

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I have updated my “Information for Submitting to Specialty Law Reviews and Journals in Gender, Women & Sexuality.” The most recent version dated July 13, 2021 is here.

The guide is modeled after the chart prepared by Professor Allen Rostron and Professor Nancy Levit at the University of Missouri Kansas City School of Law, and after my Information for Submitting to Online Law Review Companions. It contains information about twenty-seven (27) U.S.-based law reviews and journals classified under the subject “Gender, Women and Sexuality and Law” by the Washington & Lee Law Journal Rankings (here) or that are broadly related to social justice and five (5) additional journals that contain the word “gender” in their title, but are not listed in the Washington & Lee Law Journal Rankings.  Within each category (W&L-ranked journals, then non-ranked journals) journals are listed in the order of the “rank” of the school, if any (as determined by the most recent US News overall ranking, not because that system merits endorsement, but because it is convenient).  Specifically, the chart derives from the journals’ websites the following information:

  • Name of the specialty journal
  • Word count limitation, if any
  • Preferred submission method
  • Whether articles from online journal are included in HeinOnline’s Law Journal Library
  • Other information of possible interest to authors
  • US News ranking of affiliated school, if any
  • W&L Law Journal Ranking within category of “Gender, Women and Sexuality,” by “combined” score for 2020 (most recent year available).

Corrections and updates are welcome.

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University of Mississippi School of Law Faculty Hiring Announcement

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Assistant/Associate/Full Professor (Tenure Track)

Position Description

University of Mississippi School of Law

Assistant/Associate/Full Professor (Tenure Track)

Position Description

The University of Mississippi School of Law invites applications from entry-level and lateral candidates for multiple tenure-track faculty positions beginning August 2022. We welcome applications from outstanding candidates in all curricular areas, including (in no particular order) tax, employment law, health care law, disability rights, voting rights, real estate law, data privacy, civil procedure, bankruptcy, and business law (including foundational classes such as corporations and secured transactions). All applicants should have a distinguished academic background, and either great promise or a record of excellence in both scholarship and teaching.

Located among the rolling hills of Northern Mississippi, the University of Mississippi’s main campus is centered in Oxford, Miss., about 70 miles south of Memphis, Tenn. Oxford has been listed among the 20 Best Small Towns in America by Smithsonian Magazine. Oxford boasts great independent bookstores, excellent restaurants, and a vibrant arts community and is home to one of the best public school districts in the state of Mississippi.

The University of Mississippi encourages applications from candidates who would enhance the diversity of our community, including women and other gender identities, minorities, and LGBTQ+ candidates. As stated in our recently adopted strategic plan on diversity, equity, and inclusion: “The University of Mississippi School of Law is committed to creating an educational experience that affirms diversity, inclusion, and equity. We welcome the contributions of a diverse student body, faculty, and staff. Diversity, inclusion, and equity are vital to the education of our students and to the role we play in shaping the legal profession.” To read more about the University of Mississippi School of Law’s Diversity, Inclusion and Equity plan please visit the following link: https://law.olemiss.edu/about/diversity/strategic-plan-for-diversity-inclusion-and-equity/.

Questions?

Contact: Professors Antonia Eliason and Richard Gershon

Co-Chairs, Faculty Appointments Committee,

University of Mississippi School of Law

481 Chucky Mullins Drive

University, MS 38677

aeliason@olemiss.edu igershon@olemiss.edu

Position Details

Appointment: 9 Month Assignment Type: Tenure Track

Minimum Qualifications

J.D. from an accredited law school

Application Procedures

To apply online go to:

https://careers.olemiss.edu/job/University-AssistantAssociateFull-Professor-MS-38677/765194600/

Please include the following when prompted during the application process:

  1. A detailed CV (including a list of publications),
  2. a list of three references,
  3. a cover letter including a statement concerning preferred courses and a statement concerning the candidate’s research interests.

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NCCU Faculty Hiring Announcement

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North Carolina Central University School of Law is seeking to hire a lateral professor at the Associate or Full rank to serve as the inaugural Intel Technology and Social Equity Endowed Chair. The person hired will be expected to teach two upper level technology law courses and one first year course. The areas of first-year course need include Contracts, Civil Procedure and Torts. The position will start July 1, 2022. Applicants should be willing and available to teach using in-person, remote, or hybrid formats, depending on the needs of the particular classes.

Applications will be considered until the position is filled. For priority consideration, please apply by July 1, 2021. Application materials should include a cover letter, CV, and the names and contact information of at least three references. Application materials and general inquiries should be submitted to April Dawson, Associate Dean of Technology and Innovation at adawson@nccu.edu.

North Carolina Central University School of Law was founded in 1939 to provide an opportunity for legal education to African Americans. The School of Law now provides this opportunity to a more diverse student body than any other in the nation, as it pertains to race and gender. This environment of diversity better prepares our students to effect positive change in the broader society. The student body consists of approximately 400 students and 31 full-time faculty members.

North Carolina Central University, an EEOC/AA employer, complies with the Immigration Reform and Control Act of 1986.  All new employees must provide original documents verifying identity and employability within the first three (3) days of employment with the University. Accommodations for applicants who qualify under the Americans with Disabilities Act or Section 503 of the Rehabilitation Act of 1973, as amended, are available upon request.

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Detroit Mercy Faculty Hiring Announcement

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Hiring Announcement

University of Detroit Mercy School of Law

Tenure-Track Faculty Positions for 2022-2023

University of Detroit Mercy School of Law is seeking two to three entry-level, tenure-track faculty for the 2022-2023 academic year. Our primary hiring needs are in the areas of Constitutional Law, Criminal Law, Business Law, and Legal Writing, though we welcome inquiries from interested candidates in other areas, including clinicians. Detroit Mercy Law has a unified tenure track regardless of one’s area of teaching focus and supports scholarship from all tenure-track faculty.

Candidates should have a Juris Doctor degree and send a current CV or resume, along with a cover letter expressing their interest and qualifications, to Prof. Erin R. Archerd, Chair of the Faculty Recruiting Committee, at archerer@udmercy.edu. Candidates may also submit additional materials such as research statements, prior publications, and teaching evaluations. Applications will be reviewed on a rolling basis, with initial, online interviews to begin in Summer 2021.

About Detroit Mercy Law

Led by our new Dean, Jelani Jefferson Exum, Detroit Mercy Law offers a curriculum that complements traditional theory- and doctrine-based course work with intensive practical learning. Students must complete at least one clinic, one upper-level writing course, one global perspectives course, and one course within our Law Firm Program, an innovative simulated law-firm practicum. Detroit Mercy Law also offers a Dual J.D. program with the University of Windsor in Ontario, Canada in which students earn both an American and a Canadian law degree in three years and gain a comprehensive understanding of two distinct legal systems.

Detroit offers a dynamic variety of culinary, cultural, entertainment, and sporting attractions. Detroit Mercy Law is located one block from the riverfront in Downtown Detroit, within walking distance of federal, state, and municipal courts, the region’s largest law firms, and major corporations such as General Motors, Quicken Loans, and Comerica Bank.

Michigan’s largest, most comprehensive private university, University of Detroit Mercy is an independent Catholic institution of higher education sponsored by the Religious Sisters of Mercy and Society of Jesus. We seek qualified candidates who will contribute to the University’s urban identity, social justice mission, commitment to diversity and inclusion, and tradition of scholarly excellence. University of Detroit Mercy is an Equal Opportunity Affirmative Action Employer with a diverse faculty and student body and welcomes persons of all backgrounds.

It is the policy of the University of Detroit Mercy to provide equal opportunity to all employees and applicants for employment. The University will not discriminate in employment on the grounds of race, color, religion, ancestry, national origin, age, sex, height, weight, marital status, sexual orientation, veteran status, medical condition or disability. This policy applies to all terms, conditions and privileges of employment including recruitment, hiring, placement, employee development, promotion, transfer, compensation, benefits, discipline and termination.

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Seton Hall Faculty Hiring Announcement

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Seton Hall University School of Law welcomes applications for tenure-track positions to begin July 1, 2022. Candidates must have a J.D. or equivalent degree and a record of academic excellence. Candidates should demonstrate (i) scholarly promise, (ii) the ability or potential to be an outstanding teacher and mentor who can prepare students for the practice of law, and (iii) leadership in service toward building an equitable and diverse academic community.

We will consider entry-level and junior-lateral candidates in a variety of subject areas but are particularly interested in healthcare finance, civil procedure/complex litigation, contracts, employment, torts, and clinical education (criminal justice and entrepreneurship & community development).

Candidates should apply here. The following documents should be uploaded with your application: CV (with references), cover letter, scholarly agenda, and job talk paper (or abstract with expected date for completion of the draft).

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Using Rewritten Judicial Opinions to Teach CRT While Reinforcing Doctrinal Lessons

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These are certainly interesting times to teach and write about critical race theory. As CRT becomes the new political scapegoat, US law schools are (finally) beginning to explore how to teach students law while also teaching them about the racism (and misogyny and homophobia) embedded in the law.

The question, of course, is always how to integrate CRT. Standalone courses are great, but they reach only a handful of students. And law professors often feel like they cannot add lengthy critical scholarship readings to already overpacked doctrinal courses.

One answer to the dilemma is to use rewritten judicial opinions. The Feminist Judgments series offers opinions that look like “real” judicial opinions but include critical race reasoning (as well as other critical legal perspectives). These rewritten opinions are shorter than most scholarly articles and can be a quick and effective way to incorporate CRT into your class. Because they are relatively short, they can be assigned ahead of time along with the original opinion or can be read as part of an in-class exercise as described by Bridget Crawford in this book chapter.

Teaching sexual harassment law? Dean Angela Onwuachi-Willig’s rewritten opinion in Meritor Savings Bank v. Vinson uncovers the racial dynamics of sexual harassment that were obscured in the original opinion. Or maybe you are teaching employer appearance codes in your employment law class. Consider assigning Professor Wendy Greene’s rewrite of EEOC v. Catastrophe Management Solutions, in which she reveals the racism and misogyny underlying what US law considers professional or appropriate for the workplace.

Teaching battery in Torts and want to stimulate a critical discussion of the bias inherent in determinations of intent or damages? Consider Professor Alena Allen’s rewrite of Robinson v. Cutchin, in which she criticizes the argument that an African American woman subjected to an unwanted tubal ligation during her C-section had suffered “no additional physical pain, injury or illness.” Professor Allen’s opinion is the perfect vehicle to teach students about the dangers of an ahistorical approach to doctrine because it places the concept of informed consent in the context of the history of involuntary sterilization of poor African American women in the United States.

These are just a few examples. Others include Professor Marley Weiss’s rewrite of Ricci v. Distefano in the Employment Discrimination volume, Professor Jennifer Wriggins and Professor Sara Cressey’s rewrite of G.M.M. v. Kimpson in Torts, Professor David Brennen’s rewrite of Bob Jones University v. United States in the Tax volume, and Dean Browne Lewis’ rewrite of O’Neal v. Wilkes in the Trusts & Estates volume, and Professor Teri McMurtry-Chubb’s rewrite of Loving v. Virginia in the Supreme Court volume, to name just a few. Go to the Feminist Judgments website for resources about how to teach using alternative judgments.

The best part is that if your library subscribes to the electronic versions of the volumes on Cambridge Core, students and faculty can read and download individual opinions via their library websites with no extra charge. Right now, Cambridge University Press is running a promotion where readers can access free chapters and libraries (and others) can get a discount on purchases of volumes in the series.

If we are going to be criticized for teaching CRT anyway, we might as well run with it.

(cross-posted at Faculty Lounge here)

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Spindelman on “Bostock’s Paradox: Textualism, Legal Justice, and the Constitution”

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Marc Spindelman (Ohio State) has posted to SSRN his article Bostock‘s Paradox: Textualism, Legal Justice, and the Constitution, 69 Buffalo Law Review 553 (2021). Here is the abstract:

The Supreme Court’s opinion in Bostock v. Clayton County, Georgia—recognizing that anti-gay and anti-trans discrimination are forms of sex discrimination under Title VII of the 1964 Civil Rights Act—has already gained a steady reputation as a textualist statutory interpretation decision. The reality of the ruling is far more complicated than that. Bostock is a textualist decision, but, as the argument here shows, Bostock also offers a construction of Title VII’s sex discrimination rule that sounds in a rule-of-law norm of legal justice about LGBT equality that itself traces roots to the Supreme Court’s constitutional LGBT rights jurisprudence. Bostock’s rule-of-law norm of legal justice, which expands and diffuses constitutional norms of LGBT equality in new ways, does more than shape Bostock’s interpretation of Title VII. Through it, Bostock supplies state actors, including courts, with instruction on how to treat all claims of lesbian, gay, and now trans rights, whether they formally involve constitutional rights claims or, as in Bostock, do not. In Bostock’s wake, state actors must ordinarily treat LGBT persons just the same as their cisheterosexual counterparts, affording them the same benefits of established and new legal protections that cisheterosexuals receive.

The path to this larger picture proceeds through an account that explains Bostock both is—and is not—a textualist decision. The opinion’s textualist self-accounting, tracked in these pages, lacks normative justificatory punch on the central interpretive question raised by the claims it decides: whether Title VII’s sex discrimination ban covers anti-gay and anti-trans discrimination. A careful reading of Bostock shows the opinion both disparaging and then ultimately embracing “extratextual” reasons for choosing to read Title VII’s sex discrimination rule in the pro-gay and pro-trans directions that it does.

The most telling of these reasons, in a dramatic turn, abandons the majority’s textualist hunt, and reaches for a general, rule-of-law ideal of legal justice—a distinctive understanding of formal equality involving LGBT persons—that emerges from, and extends to new levels, the legal foundations of the U.S. Supreme Court’s pro-lesbian and pro-gay constitutional rights jurisprudence, whose pro-trans legal implications are expressly recognized by the Supreme Court in Bostock for the first time. Bostock’s announcement of the operations of legal justice in the case—a stylized extension of operative constitutional norms—has far-reaching implications for the interpretation of other statutes that may benefit LGBT persons, as well as other legal rules that, now or in the future, implicate LGBT rights.

Understanding how Bostock follows a line of justification found in the Supreme Court’s constitutional promises of equal dignity and respect for lesbian women, gay men, and trans people frames an account of what is legally misguided about the textualist approaches taken up by the Bostock dissents. These opinions, which indulge both anti-gay and anti-trans sentiments as touchstones for their own preferred choices for how to read Title VII’s sex discrimination ban, flout constitutional values that strip those choices of their own easy claims to legality. Having identified the legal flaws of the dissents’ textualist analytics, discussion turns to the most significant of the likely reasons why the Bostock majority opinion does not expressly avow the constitutional and rule-of-law grounds for its decision. No matter, the recognition of Bostock’s foundations in constitutionalism recasts the pressures the Supreme Court will face in future cases taking up questions that Bostock formally brackets, as well as other wonders about its own text’s meaning. With time, Bostock may prove to be an even bigger breakthrough for LGBT equality and rights under law than at first glance it seems.

The full article is available here.

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@UCDavisLaw Faculty Hiring Announcement: Torts, Civ Pro, IP, Evidence, Business Law

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UNIVERSITY OF CALIFORNIA AT DAVIS SCHOOL OF LAW invites applications from entry-level and experienced candidates for two positions to begin July 1, 2022. Our hiring needs are flexible, but we have especially strong needs in torts, civil procedure, intellectual property, evidence, and business law. We seek candidates with scholarly distinction or promise, as well as a commitment to excellence in teaching. Candidates must hold a J.D., Ph.D., or equivalent degree by the date of their application. All candidates must apply through the UC Recruit system at the following link: https://recruit.ucdavis.edu/JPF04244.

In addition, as part of their application, candidates must include a Statement of Contributions to Diversity. Information about the Statement can be found at http://academicaffairs.ucdavis.edu/diversity/equity_inclusion/diversity_statements_writing.html.

For full consideration, applicants should apply by Sept. 1, 2021, although we recommend that you submit your materials as soon as possible. Candidates must have a J.D. or equivalent degree. We require a cover letter, curriculum vitae, research agenda, teaching evaluations and/or transcripts, writing sample, and contact information for three (3) references at this time. Please note that we may require further documentation at a future date, including, but not limited to, letters of recommendation, which will be treated as confidential per University of California Policy and California state law.

Please direct questions to Professor Carlton Larson, Chair of the Faculty Appointments Committee, via email at facultyappointments@law.ucdavis.edu. Inquiries about visiting positions should be submitted to Senior Associate Dean for Academic Affairs Afra Afsharipour, also at facultyappointments@law.ucdavis.edu.

The University of California is an Equal Opportunity/Affirmative Action Employer. All qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, disability, age or protected veteran status. For the complete University of California nondiscrimination and affirmative action policy, see http://policy.ucop.edu/doc/4000376/NondiscrimAffirmAct.

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Oregon Legislature Passes “Menstrual Dignity Act”

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Oregon HB 3294, the Menstrual Dignity Act, passed both houses of the state legislature and now heads to the governor’s desk for signature. The bill provides access to free menstrual products in schools.

There’s a short, easy-to-read description of the bill here.

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@GonzagaLaw Hiring Announcement

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GONZAGA UNIVERSITY SCHOOL OF LAW in Spokane, WA seeks applicants for up to three entry-level full-time tenure-track positions as Assistant Professor beginning in the Fall 2022. Our curricular needs include a variety of first-year, required, and elective courses, including Civil Procedure, Complex Litigation, and E-Discovery; Constitutional Law, Employment Discrimination, Federal Courts, Health Law, and Indian Law; Contracts, Antitrust, and other Business Law courses with an emphasis on Corporate Social Responsibility; and academic support or bar preparation courses taught in conjunction with doctrinal courses. Gonzaga Law embraces a unified faculty model, in which all faculty members are supported as scholars in all subject matter areas and have the opportunity to teach experiential, clinical, academic support, or bar preparation courses if desired. Candidates must demonstrate the ability to be an outstanding teacher, a commitment to service, and excellent scholarly potential, particularly in alignment with Gonzaga Law’s two academic Centers – the Center for Civil & Human Rights and the Center for Law, Ethics & Commerce. For Gonzaga University School of Law’s mission and diversity statements, please visit https://www.gonzaga.edu/school-of-law/about/mission-vision

To apply or view the complete position description, please visit our website at www.gonzaga.edu/jobs. To apply, please visit our website at www.gonzaga.edu/jobs. Applicants must complete an online application and electronically submit the following: (1) a cover letter, (2) a curriculum vitae, (3) a statement that includes evidence of teaching effectiveness and experience creating and maintaining an inclusive learning environment, and (4) a list of three references. Candidates may, at their option, also upload a research agenda and statement of teaching philosophy.  Additionally, finalists will be asked to provide names and contact information for three professional references to provide confidential letters of recommendation.  Inquiries about the position may be directed to the Chair of the Faculty Recruitment Committee, Professor Agnieszka McPeak, atlawfacultyhiring@gonzaga.edu; however, the applicant must apply directly to Gonzaga University, Office of Human Resources. The position closes on September 1, 2021 at midnight, PST. However, for priority consideration, please apply by July 22, 2021 at midnight, PST. For assistance with your online application, please contact Human Resources at 509-313-5996.

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Louisiana Will No Longer Add Tax To Sales of Feminine Hygiene Products

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Beginning July 1st, 2022, Louisiana will no longer add sales tax to purchases of feminine hygiene products of diapers.  The Legislature passed and the Governor signed legislation that eliminated the tax on these products in May.  

Here’s the link to the legislation. 

 

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Gender & the Law Emerging Scholar Award: Call for Submissions @HaubLawatPace

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Bumping to the front for July 1, 2021 deadline.

Elisabeth Haub School of Law at Pace University 

Gender & the Law Emerging Scholar Award: Call for Submissions

The Elisabeth Haub School of Law is pleased to announce the competition for its annual Gender & the Law Emerging Scholar Award.  This paper competition is open to all full-time law professors (whether tenure-track or not — added for clarification) with five (5) or fewer years of full-time law teaching experience as of July 1, 2021. The deadline for submissions is July 1, 2021.

The purpose of the award is to encourage and recognize excellent legal scholarship related to gender and the law.  The work chosen for the Gender & the Law Emerging Scholar Award should make a substantial contribution to legal literature and reflect original research and/or major developments in previously reported research.

Papers will be reviewed on a blind basis by a committee comprised of three members of the Haub Law faculty with expertise in this area: Bridget Crawford, Noa Ben-Asher and Emily Gold Waldman.  The winner of the competition will be invited to present the paper to selected students and faculty at Haub Law (located in White Plains, NY) during the 2021-2022 academic year, with reasonable travel expenses paid.

ELIGIBILITY:

  • All persons who have held full-time tenure-track or tenured teaching positions (whether tenure-track, tenured, or not — added for clarification: you don’t have to be on the tenure track to be eligible) for five (5) or fewer full academic years as of July 1, 2021 are eligible for consideration.
  • There is no subject-matter limitation for submissions, as long as the paper relates in some way to gender and the law.
  • Jointly authored papers are accepted as long as each author independently meets the eligibility requirements.

PUBLICATION COMMITMENTS/LIMITATIONS:

  • There is no publication commitment associated with the competition. 
  • Papers are eligible regardless of whether they were published prior to submission date, are scheduled to be published after the submission date, or are not yet under submission.
  • Each applicant is limited to one (1) entry.
  • Papers considered in prior years’ competitions are eligible for resubmission.
  • There are no page-length or word-count limitations.
  • All publications (including scholarly articles, book chapters, legal briefs and other writings) are eligible for consideration.

SUBMISSION:

  • We will accept submissions for the Emerging Scholar Award from April 1, 2021, through July 1, 2021. The winner will be announced by August 30, 2021.
  • To participate, please email your article, redacted as necessary to preserve anonymity (for the blind judging process), as a portable data file (PDF) to Judy Jaeger, Senior Staff Associate, at jjaeger@law.pace.edu with the subject line “Emerging Scholar Award.”
  • Please include in the body of the email your name, institutional affiliation and confirmation that you meet the eligibility requirements.
  • Unredacted papers will not be considered.

Information on Emerging Scholar Award and the Elisabeth Haub School of Law

The Elisabeth Haub School of Law is pleased to host an annual paper competition for its Gender & the Law Emerging Scholar Award.  The law school at Pace University is one of a small number of schools in the United States named after a woman, and we are proud of our school’s long-standing commitment to gender justice.

Since the establishment of the Women’s Justice Center in 1991, Haub Law has made gender justice a priority.  Students have the ability to pursue a path to practice in Women, Gender & the Law, through which they develop skills and strategies for effective representation and advocacy for gender justice, regardless of what career they pursue.  The Haub Law faculty includes nationally-recognized academic experts and advocates for gender justice. Our faculty teach, research and write about gender equality and justice as it relates to constitutional law, corporate law, criminal law, education, environmental law, estate planning, juvenile justice, legal theory, poverty, public health, social media, and taxation, to name just a few areas.  An important hallmark of Haub Law is that in addition to our specialty classes that focus on gender, issues involving gender are also integrated into a wide range of other courses.

Prior Winners

2020 – Greer Donely, University of Pittsburgh School of Law, Contraceptive Equity: Curing the Sex Discrimination in the ACA’s Mandate, 71 Ala. L. Rev. 499 (2019).

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Call for Book Chapter Proposals: Reproductive Health Rights, Tourism and Assisted Reproductive Technologies in Africa

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About the Book

Following a global sharp decline in inter country adoption which has drawn a lot of attention to Africa, reproductive tourism with the use of assisted technologies is gradually on the increase and attention is gradually shifting to Africa as a viable location for reproductive tourism. Presently, many African countries are struggling to make reproductive health services available and accessible to all. The child and maternal mortality rate across several countries in Africa is still high. Health services is not treated as a fundamental right in many parts of Africa but rather treated as a socioeconomic right for which many governments have escaped liability. The United Nations adopted the Sustainable Development Goals while the African Union has set out aspirations for the desired Africa by 2063 (Agenda 2063). SDG 3 and Goal 3 of Aspiration 1 of the Agenda 2063 are both focused on ensuring healthy, well-nourished lives and promoting well-being for all ages. To achieve these goals, African States must work together to promote good health of all Africans and focus on infertility as a reproductive health challenge that requires attention just like other aspects of reproductive health. This book will focus on research into reproductive health, reproductive rights, assisted reproductive technologies and access to reproductive services across Africa. All chapters will be peer reviewed and subject to plagiarism check, using Turnitin.

Authors of chapters should propose innovative approaches to breaking barriers and advancing the right and access to reproductive health services in Africa, especially in times of emergencies.

Topics to Consider

  • Right to reproductive health awareness and information.
  • Access to and financing of pregnancy care and delivery.
  • Right and equal access to fertility evaluation and treatment.
  • Informed consent and ethical considerations in Assisted Reproductive Technology (ART) services.
  • Access to reproductive health of persons with disabilities.
  • Law, health insurance and reproductive health coverage.
  • Exploitative contractual agreements in ART processes.
  • Right to genetic disease screening of embryos
  • The law and embryo adoption.
  • Regulation of ART services.
  • Drafting ad enforcement of ART arrangement contracts.
  • Reproductive health rights and reproductive tourism.
  • Reproductive autonomy.
  • Right to reproductive health in emergencies.
  • Reproductive health and Covid-19.
  • Enforceability of the right to reproductive health.
  • Role of courts in bridging the gap in access to reproductive health.
  • Comparative approach to realizing the right to reproductive health.

Guidelines

1. Co-authorship to a maximum of three co-authors to a chapter is allowed.
2. The title of the chapter should reflect the content and should have a focus on Africa.
3. The chapter should be original and unpublished work. All chapters will be run through plagiarism check.
4. The minimum word limit is 4,000 words while the maximum limit is 8,000 words, including footnotes.
5. Each chapter should be accompanied by an abstract of not more than 250 words.
6. Each chapter should be accompanied by a short biography of the author(s) with a maximum of 150 words.
7. The submission should be accompanied by a title page specifying the name(s), institutional affiliation, designation and email of the author(s).
8. The citation format is the footnotes style. Footnotes should comply with OSCOLA, 4th edition (2012) which can be found here.
9. The body of the work should be in Times New Roman, size 12, 1.5 spacing with both sides of the margins justified. Footnotes should be in Times New Roman, size 10, single spacing, with both sides of the margins justified.
10. Do not use page headers, footers or borders.
11. The language of the document shall be UK English.
12. All submissions shall be in Microsoft Word document.
13. The publisher shall own the copyright of the book while authors retain copyright of their chapters.Timelines

Timelines

  • Submission of 250 words abstract: 30 June 2021.
  • Communication of acceptance of abstract: 15 July 2021.
  • Submission of full chapter: 31 October 2021.
  • Peer review: 21 November 2021.
  • Peer review feedback to authors: 25 November 2021.
  • Submission of revised chapter: 8 December 2021. All revised chapters must be accompanied by a memo detailing the revision made.
  • Final chapter submission to publisher: 8 December 2021.
    Proposed book publication: March 2022.

Submission

Abstracts should be submitted to ircrephealth@gmail.com by 30 June 2021. Early submission is however encouraged. Authors will be notified of the status of their abstracts by 15 July 2021.
All enquiries should be made to:  Olanike Adelakun; olanike.adelakun@aun.edu.ng

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Final Line-Up for @USFemJudgments 2021 Summer Feminist Legal Theory Series

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The 2021 Summer Feminist Legal Theory Series kicked off one week ago with a panel discussion chaired by Martha Fineman (Emory), “Reflections on the History and Beginnings of Feminist Legal Theory.”

The final line-up of speakers for the remainder of the summer has now been announced:

Wednesday, June 16: Simultaneous “Half Baked Ideas” Sessions

Room 1 Speakers:

  • Naomi Cahn (Virginia)
  • Greer Donley (Pitt) & Jill Wieber Lens (Arkansas)

Room 2 Speakers:

  • Hannah Haksgaard (South Dakota)
  • Elizabeth Katz (Wash U St. Louis)

Room 3 Speakers:

  • Charisa Smith (CUNY)
  • Natalie Nanasi (SMU)

Room 4 Speakers:

  • Lucy Jewel (Tennessee)
  • Suzanne Lenon (Lethbridge)

Room 5 Speakers:

  • Ana Maria Jerca (York)
  • Cathren Page (Mercer)

Room 6 Speakers:

  • Margaret Ryznar (Indiana-Indianapolis)
  • Cornelia Weiss (Independent)

Room 7 Speakers:

  • Andrea S. Anderson (York)
  • Fabrizia Pessoa Serafim (Emory)

Room 8 Speakers:

  • Ederlina Co (Pacific McGeorge)
  • Rachel Rebouché (Temple)

Wednesday, June 30: Junior Scholar Paper Presentation

Presenter: Tugce Elliati-Kose (Trent), Inherently Traumatic, Invariably Victimizing: The Legal Construction of Subject Positions for Survivors of Sexual Violence

Commentator: Sally Goldfarb (Rutgers)

Wednesday, July 7: Junior Scholar Paper Presentation

Presenter: Laura Lane-Steele (Tulane), Adjudicating Identity

Commentator: Noa Ben-Asher (Pace)

Wednesday, July 21: Junior Scholar Paper Presentation

Presenter: Cristina Tilley (Iowa), The First Amendment and the Second Sex

Commentator: Shaakirrah Sanders (Idaho)

Wednesday, August 4: Reflections on the Present and Future of Feminist Legal Theory (panel discussion)

Chair and Moderator: Bridget Crawford (Pace)

Speakers:

  • Patricia Cain (Santa Clara)
  • Lolita Buckner Inniss (Colorado)
  • Sital Kalantry (Seattle)
  • Teri McMurtry-Chubb (Univ. Illinois Chicago)
  • Jhuma Sen (OP Jindal Global)
  • Kathy Stanchi (UNLV)

If you’d like to attend any of the sessions this summer, pre-registration via this link is required via this link: https://pace.zoom.us/meeting/register/tJEtd-CppzwrGNbYzn62I0A–LEnl2jWTXRz Only those who are pre-registered will be admitted to the session via Zoom’s waiting room feature. There is no cost to attend. Preregistration is available to anyone with a verified academic email address.

All sessions will meet online via Zoom from 2:00pm-3:00pm Eastern/11am-12:00pm Pacific, starting June 2, 2021.

The series is co-sponsored by The U.S. Feminist Judgments Project, the Elisabeth Haub School of Law at Pace University, the William S. Boyd School of Law at the University of Nevada, Las Vegas, The Feminism and Legal Theory Project, The Vulnerability and the Human Condition Initiative, the Institute for Feminist Legal Studies at Osgoode, the Family Law Center at the University of Virginia School of Law, and the AALS Section on Women in Legal Education.

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Free Period Products Coming to Public Bathrooms in Santa Clara County, California

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In March, the Santa Clara (California) County Board of Supervisors voted unanimously to stock half of all public restrooms in county facilities. News coverage here and here.

Students at Stanford are now calling on their University to follow suit. See coverage in the Stanford Daily here. With so many other colleges and universities already doing this, Stanford should fall in line, I expect.

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What’s Wrong (or Right) About Workplace Menstrual Leave Policies

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From the University of Sydney, this news of a working group studying workplace menstrual leave policies:

[R]esearchers found in a forthcoming paper that 17 countries have implemented or are considering menstrual policies, with Australian businesses leading the way.

“Despite this progress, we are still failing to address menstruation at the policy level. This affects gender equality and could undermine Australia’s obligations to respect and protect women’s human rights. These policies could help make menstruation and menopause a normal part of workplace life,” Associate Professor Elizabeth Hill from the Department of Political Economy said.

The Victorian Women’s Trust introduced a menstrual leave policy in 2017, allowing employees to work from home or claim paid leave for menstruation or menopause. Organisations in the private sector including Future Super and Modibodi have since followed suit and introduced similar policies.

But some feminists argue that menstrual leave policies can push gender equality backwards.

“Menstrual leave can be a polarising issue for organisations and feminists alike. Many argue such policies can exacerbate gender discrimination and reinforce harmful stereotypes that women are physically weak and less capable while menstruating,” Professor Marian Baird from the University of Sydney Business School said.

“We shouldn’t write off a policy solution such as menstrual and menopause leave but it does need to be designed very carefully and in an inclusive way. Rather than dismissing the policy, we need to have a respectful and open debate about how women’s reproductive health needs can be accommodated in the workplace.”

The full news release is here.

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Michoacán, Mexico Makes Menstrual Products Free Schools and Requires Menstruation-Related Education

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image source: brittanica.com

Earlier this year Michoacán became the first state in Mexico to require schools to provide free menstrual products to students and to require menstruation-related education in schools. 

The original legislative proposal is here (in Spanish). Additional news coverage is here (in Spanish), here (in Spanish) and here (in English).

In 2019, the city of Morón in Argentina also made menstrual products available at no charge to those who need them (see here) (in English).

As with similiar initiatives in other countries, funding and distribution are key to the success of these programs. I look forward to following the progress.

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Uruguay’s VAT on Menstrual Products is a Form of Gender Discrimination

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Erika Johanna Lara-Vargas has published El Impuesto de Valor Agregado (IVA) en los productos de gestión menstrual en Uruguay: políticas públicas “neutras” al género vs feminismo estatal, in Revista Límbica Vol. II Núm. 2 (2021), ISSN 2718-7241.  Here’s the English-language abstract for Value Added Tax (VAT) on menstrual management products in Uruguay: “gender-neutral” public policies vs state feminism:

The Value Added Tax (VAT) establishes tax rates of 22% for goods and services in Uruguay, a minimum rate of 10% and tax exemptions. However, menstrual management products, as they are not included in the minimum rate or exemptions, pay 22% VAT, a tax that, due to the nature of the product, is discriminatory. This paper presents a review regarding the importance of state feminism in the formulation and implementation of public policies, including those wrongly called “gender-neutral”, such as VAT. It is proposed that, in order to achieve less patriarchal and androcentric legislations, which promotes equality as a right, it is necessary that states such as Uruguay structured themselves under state feminism and focus their efforts on the reformulation or repeal of those discriminatory laws, such as VAT on menstrual products. Likewise, measures aimed at gender equality must be formulated, such as the elimination of VAT on menstrual products, for the subsequent achievement of strategic measures that transform gender relations and address differential inequalities, such as free access to menstrual management products by all the menstruating people.

The full article is here (Spanish-language version only).

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McClain & Hacker on “Liberal Feminist Jurisprudence: Foundational, Enduring, Adaptive”

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Linda McClain (BU) and Brittany Hacker (BU JD ’20) have posted to SSRN a working paper version of their chapter, Liberal Feminist Jurisprudence: Foundational, Enduring, Adaptive, in Oxford Handbook of Feminism and Law in the United States  (Martha Chamallas, Deborah L. Brake & Verna L. Williams eds., Oxford University Press, forthcoming 2022). Here is the abstract:

Liberal feminism remains a significant strand of feminist jurisprudence in the U.S. Rooted in 19th and 20th century liberal and feminist political theory and women’s rights advocacy, it emphasizes autonomy, dignity, and equality. Liberal feminism’s focus remains to challenge unjust gender-based restrictions based on assumptions about men’s and women’s proper spheres and roles. Second wave liberal legal feminism, evident in Ruth Bader Ginsburg’s constitutional litigation, challenged pervasive sex-based discrimination in law and social institutions and shifted the Supreme Court’s interpretation of the Equal Protection Clause to a more skeptical review of gender-based classifications. Liberal feminists have developed robust conceptions of autonomy, liberty, privacy, and governmental obligations to promote gender equality, including in the family. Addressing internal feminist critiques, liberal feminism shows the capacity to evolve. Maintaining its focus on disrupting traditionally-conceived gender roles and fostering meaningful autonomy, it adopts more complex, nuanced discourse about sex, gender, and the gender binary and embraces new demands for inclusion and equality.

The full working paper is available here.

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Free Period Products to be Available in Nevada Public Schools

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This just in: Nevada has passed legislation to make menstrual products available in some Nevada public and charter schools. Nevada AB224 puts responsibility on the school district (in the case of a public school) or the school’s governing body (of a charter school) that operates as a middle school, junior high school or high school to “ensure that menstrual products are provided at no cost to pupils in the bathrooms of each middle school, junior high school and high school in the school district or charter school.”

The bill got rid of the gendered “feminine hygiene” products language, but does not seem to require the products in all bathrooms — only “women’s” bathrooms. So gender non-binary, trans and other kids are left out.

Furthermore, the bill requires products only in the 25% of schools in the district with the highest number of students receiving free or reduced-cost lunches (a common measure used in similar bills in other states). There’s a study commission to investigate the need for the program in other schools.

Let’s hope availability expands. Let’s hope that the program gets funded, too.

H/T Francine Lipman

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Period Poverty, Menstrual Equity, Menstrual Justice, or Menstrual Health: Naming the Norms That Legal Scholars Seek

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If 2015 was the “Year the Period Went Public,” maybe we’re now in the period periodcatamenial decennary, or menstrual age. Whatever words we use, it’s undeniable that menstruation-related issues have gained new traction in public discourse, academic scholarship, workplaces, schools, and local, state, and national legislation. Of course, the biggest news this year was from Scotland: The Scottish Parliament unanimously approved the Period Products (Free Provision) Scotland Bill, making free menstrual products available for anyone who needs them. Stated a different way, Scotland recognizes a legal right to free menstrual products.

Depending on the context, there are different ways of talking about all of these efforts and the movement that the represent, in aggregate.

In the U.K., it is common to encounter discussion of efforts to end “period poverty.” As Emily Waldman (Pace) and I describe in this article forthcoming in the Washington University Law Review, that phrase gets defined different ways, depending on the context. The phrase might refer to the lack of financial resources to purchase commercial menstrual products, lack of access to material resources, including menstrual products, or to clean water, toilets, and hygienic disposal systems. It might refer to lack of menstruation-related education, or experiences of menstrual stigma and shame. It might refer to some or all of these things at the same time.

In the U.S., the phrase “menstrual equity,” first coined by Jennifer Weiss-Wolf, has become increasingly common. In her book, Periods Gone Public: Taking a Stand for Menstrual Equity, Weiss-Wolf defines menstrual equity as “laws and policies that ensure menstrual products are safe and affordable and available for those who need them. The ability to access these items affects a person’s freedom to work and study, to be healthy, and to participate in daily life with basic dignity.” To that, Women’s Voices for the Earth adds (here) that menstrual equity:

is also about education and reproductive care. It’s about making sure that people have the needs, support, and choices to decide how they want to take care of their menstrual health. And it’s about finally ending the stigma around periods that has prevented not only decision-makers, but also healthcare providers, educators and individuals from ensuring that menstrual health is a priority.

Professor Margaret Johnson (Baltimore) prefers the term “menstrual justice” (see her article here).

Add to this mix a new scholarly definition of “menstrual health,” developed by the “Terminology Action Group” of the Global Menstrual Collective:

Menstrual health is a state of complete physical, mental, and social well-being and not merely the absence of disease or infirmity, in relation to the menstrual cycle.

Achieving menstrual health implies that women, girls, and all other people who experience a menstrual cycle, throughout their life-course, are able to:

  • access accurate, timely, age-appropriate information about the menstrual cycle, menstruation, and changes experienced throughout the life-course, as well as related self-care and hygiene practices.
  • care for their bodies during menstruation such that their preferences, hygiene, comfort, privacy, and safety are supported. This includes accessing and using effective and affordable menstrual materials and having supportive facilities and services, including water, sanitation and hygiene services, for washing the body and hands, changing menstrual materials, and cleaning and/or disposing of used materials.
  • access timely diagnosis, treatment and care for menstrual cycle-related discomforts and disorders, including access to appropriate health services and resources, pain relief, and strategies for self-care.
  • experience a positive and respectful environment in relation to the menstrual cycle, free from stigma and psychological distress, including the resources and support they need to confidently care for their bodies and make informed decisions about self-care throughout their menstrual cycle.
  • decide whether and how to participate in all spheres of life, including civil, cultural, economic, social, and political, during all phases of the menstrual cycle, free from menstrual-related exclusion, restriction, discrimination, coercion, and/or violence.

Julie Hennegan, Inga T. Winkler, Chris Bobel, Danielle Keiser, Janie Hampton, Gerda Larsson, Venkatraman Chandra-Mouli, Marina Plesons & Thérèse Mahon, Menstrual Health: A Definition for Policy, Practice, and Research, 29 Sexual & Reprod. Health Matters 1, 2 (2021).

I don’t have a stake in one particular definition over another. The ideas are more interesting than the buzz phrases. And in any case, my guess is that if one inquired of anyone involved in menstruation-related activism, organizing, or scholarship if they support the substantive goals associated with “menstrual equity,” “menstrual justice,” “menstrual health,” and ending “period  poverty,” the answer would be a resounding “yes,” by whatever name.  This isn’t to say there aren’t differences among the definitions; it’s just that the differences don’t do much work, or at least not yet.

This leads to the question: What is the significance of the name or phrase that one uses to describe the goals of a particular legal initiative, social program, plan of action, or even overall movement?

After speaking recently with a group of scholars associated with the Menstruation Research Network in Scotland and hearing more about how that country’s innovative legislative sausage got made, I have a renewed appreciation for the relationship between the description of an issue and the likelihood it will gain political/legislative traction (or not). Of course, this is well-trodden territory in other contexts (I’m thinking in particular of the brilliant work of Michael Graetz and Ian Shapiro on the campaign against the “death tax”).

In the menstruation context, the definition of “menstrual health” by Hennegan et al. invites legal scholars to pause and consider how we name the norms/goals we prescribe. (I hope it’s still in keeping with Dave Hoffman’s excellent Fair Citation Rule if I don’t repeat all the names of the article above.)

I expect that answers to questions about naming norms can vary. The answers may depend on context and audience (e.g., legislative initiatives vs. litigation, grassroots organizing vs. top-down campaigns, initiatives aimed at employers vs. schools, etc. etc.).  At this point, I don’t (yet) see a utilitarian need for some sort of agreement on One Unifying Term to be deployed in all legal contexts. That being said, I can understand the desire to reach some agreed-upon “menstrual health” terminology; the public health scholars and experts who comprise the Global Menstrual Collective work in an arena that includes global players like the World Health Organization and the United Nations. Terminology may matter in terms of studies, scope of programs, funding and more.

I note with some curiosity, though, the definition of “menstrual health” does not contemplate an explicit role for law. Time for more interdisciplinary collaboration?

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Pre-Register to Attend Summer Feminist Legal Theory Series-First Session 6/2

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2021 Summer Feminist Legal Theory Series kicks off one week today, on June 2, 2021 with a panel discussion chaired by Martha Fineman (Emory), “Reflections on the History and Beginnings of Feminist Legal Theory.”

If you’d like to attend any of the sessions this summer, pre-registration via this link is required. Only those who are pre-registered will be admitted to the session via Zoom’s waiting room feature. (There is no charge to attend.)

There will be six total sessions, with additional speakers to be announced within the next two weeks. All sessions will meet online via Zoom on Wednesdays from 2:00pm-3:00pm Eastern/11am-12:00pm Pacific, starting June 2, 2021.

The series is co-sponsored by The U.S. Feminist Judgments Project, the Elisabeth Haub School of Law at Pace University, the William S. Boyd School of Law at the University of Nevada, Las Vegas, The Feminism and Legal Theory Project, The Vulnerability and the Human Condition Initiative, the Institute for Feminist Legal Studies at Osgoode, the Family Law Center at the University of Virginia School of Law, and the AALS Section on Women in Legal Education.

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CFP: Journal of Gender, Social Policy & the Law

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As the Associate Executive Editor of Articles for the Journal of Gender, Social Policy, & the Law, I am delighted to inform you we are currently accepting article submissions for publication in our upcoming issues. The latest Washington and Lee Law Review rankings list the American University Journal of Gender, Social Policy, & the Law as one of the top-cited legal periodicals in the U.S. and selected non-U.S. regions in the subject area of Social Policy, Gender, Sexuality and the Law. 

You can submit your article for consideration by email to gl-articles@wcl.american.edu, or through Scholastica. The Journal accepts submissions on a wide variety of topics and subjects within the legal field. We are interested in topics about disability law, racial justice and the law, constitutional issues, gender-based legal issues, health law, LGBTQIA+ issues within the legal system, and other related topics. To see our past publications, please visit http://www.jgspl.org/ and Westlaw for a complete list. 

However, please note we do not accept articles written by law students. We look for articles that present new legal arguments or perspectives about timely legal issues relating to U.S. laws directly or comparatively. There should also be substantial legal analysis throughout the piece. We prefer 15,000 words more or less, including at least 150 footnotes. Generally, we evaluate articles depending on many factors such as the strength of the argument, novelty, complexity, policy considerations, and whether the overall topic(s) falls within the Journal’s subject area.

We look forward to receiving your article submission.

Sincerely,

Kaitlyn Calogero

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What’s New in FemTech? You Can Find Out for $4,950

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A market research company owned by Berkshire Hathaway has published a report called The COVID-19 Pandemic and a Rising Focus on Women’s Untapped Healthcare Needs are Transforming the Global Femtech Solutions Industry. To learn all about this, one needs only pay $4,950. Not only can the entrepreneurial businessperson gain new market insights about how to profit from women’s bodies, but companies like Berkshire Hathaway can profit from those desiring to profit from women’s bodies, too.

What might be these untapped health care needs that are “transforming to global femtech solutions industry”? BusinessWire says (here):

[T]here is a dearth of solutions available for specific women’s health issues such as fibroids, PCOS, thyroid issues, endometriosis, pelvic health, pre-menopausal, and menopausal care. While digital health solutions, now under the broader term of virtual care, received a boost during the pandemic, these areas of women’s health are yet to find the attention that they truly deserve.

Next up on deck? I haven’t read the report (that $4,950 price tag!), but I’m predicting at a minimum:

  • “Menopause countdown clocks” for your iPhone
  • Ovarian or fallopian tube implants with bluetooth connections to monitor for the development of endometrial tissue
  • “Prickless” blood testing for hormone levels related to PCOS (connected to a smartphone app, of course).

All of these will be accompanied by privacy policies that make it difficult for users to opt-out of data sharing. There will be multiple, documented data breaches of information stored on smartphones or web sites being shared with Facebook. Employers will offer incentives for opting *in* to data sharing with them in return.  Just my predictions. (For the way aspects of that dystopian future are already here, see Michele Estrin Gilman, Periods for Profit and the Rise of Menstrual Surveillance, 32 Colum. J. Gender & L. (forthcoming 2021).

#Menstrualcapitalism has officially moved to its next phase.

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Findings from the “State of the Period 2021” Report

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Thinx and PERIOD, a non-profit menstrual equity organization, has issued its State of the Period 2021 report. This follows up on a similar report issued in 2019. Here are some salient findings, all of which are direct quotes from the report:

  • 23% of students have struggled to afford period products.
  • 82% of students agree that if there is free toilet paper in bathrooms, there should be free menstrual products, and 84% think menstrual products are just as important as toilet paper or soap in public bathrooms.
  • 58% of students are negatively affected by negative associations with periods.
  • 76% are taught more about the biology of frogs than the human female body in school.
  • 42% say their health teacher appears to be uncomfortable discussing menstruation — up 5 points since 2019.

Read the full report here.

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CFP: International Criminal Courts Feminist Judgments Project

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Professor Louise Chappell (UNSW, Sydney), Dr Rosemary Grey (University of Sydney) and Dr Kcasey McLoughlin (University of Newcastle, Australia) are inviting expressions of interest for contributions to the first book on the International Criminal Court (ICC) using a feminist judgments methodology, tentatively titled: Feminist Judgments: Re-imagining the International Criminal Court.

The project

The project focuses on a significant gap in ICC research: the contribution of judges to the Court’s poor conviction record for sexual and gender-based (SGB) crimes and their application of gender-sensitive judging in general. The research aims to provide new knowledge for judges, legal experts, and scholars to improve accountability for SGB crimes and to support a gender-sensitive approach to adjudication. 

The project’s central output will be the first book on the ICC using a feminist judgments methodology. The research team is delighted to have already secured agreement from leading feminist international law experts to contribute to the volume and are seeking expressions of interest from both established and early career researchers (ECR) who may wish to contribute a short piece re-imagining part of an ICC judgment from a feminist perspective.

It is intended that this ICC-focused collection will build upon the strong foundation laid by previous national law and international law ‘feminist judgment’ books. 

What is involved?

Contributors will author (or co-author) a segment of an ICC judgment, in accordance with the Court’s legal framework, but interpreted through a ‘feminist’ lens. For example, some chapters may re-write a Chamber’s findings with regard to the interpretation of a particular crime or legal principle, while others may re-write particular factual or procedural findings. 

The editors have identified some ICC judicial findings to be re-written in this manner, but we also welcome applicant’s own ideas in this respect. 

The aim of the re-written judgments will be to demonstrate the possibilities and limitations of gender-sensitive judging, within the constraints of the evidence and the law. The editors will share ideas about what ‘gender-sensitive judging’ can entail, but contributors are also welcome to develop their own interpretation of this method.  

Each contribution will be relatively brief (under 5,000 words). Final contributions will be due by 31 March 2022, in order to meet the publishing deadline and to avoid delays for the other contributors involved. 

While contributions regrettably cannot be remunerated, support for research assistance, translation, access to documents will be considered on request. 

In addition, in order to create a sense of community among interested contributors, and to discuss approaches to feminist judgment writing, all contributors are encouraged to attend a ‘feminist judgment writing’ workshop in mid-June 2021 (online). There will be some targeted pre-reading for participants, and the workshop itself should not exceed two hours.

To apply

Applications are welcome from senior scholars and ECR alike from across the globe with an interest in international criminal law, gender justice, feminist judgment projects, or other relevant area which could engage with the focus and aims of the project, described above. 

Applications are particularly encouraged from contributors from ICC situation countries. Applications to co-author a contribution are also welcomed. 

To apply, please submit the following documents via email with the subject heading: Attention Project Manager: Expression of Interest to s.varrall@unsw.edu.au 

•    500-word statement outlining your proposed contribution and how it aligns with the project focus and aims  •    A copy of your resume/CV

The due date for applications is 4 June 2021.

Funding

This book will be the primary outcome of an Australian Research Council funded three-year project to study gender and judging in international criminal courts, with a focus on the International Criminal Court. 

The project is supported by the Australian Human Rights Institute at UNSW, Sydney as well as the University of Sydney and University of Newcastle. 

More information on the project is available here.

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Entin’s Tribute To Ruth Bader Ginsburg @CWRU_Law

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Jonathan L. Entin, Case Western Reserve University School of Law, has published a Tribute to Ruth Bader Ginsburg at 71 Case Western Reserve Law Review 1 2020).  Download the article from SSRN at the link. 

 

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Widiss on Menstruation Discrimination and the Problem of Shadow Precedents

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Deborah A. Widiss, Indiana University Maurer School of Law, is publishing Menstruation Discrimination and the Problem of Shadow Precedents in the Columbia Journal of Gender and the Law. Here is the abstract.

A burgeoning menstrual justice movement calls attention to menstruation-related discrimination in workplaces, schools, prisons, and many other aspects of life. In recent years, a few courts have suggested such discrimination could violate Title VII, the federal law that prohibits sex discrimination in employment. Their analysis focuses on the Pregnancy Discrimination Act (PDA), an amendment to Title VII passed to override a Supreme Court case that had held pregnancy discrimination was not sex discrimination. This essay, written for a symposium at Columbia Law School, applies my earlier research on the statutory interpretation of Congressional overrides to highlight two potential challenges this nascent litigation campaign may face, and to suggest how to avoid them. The first risk is that courts will simply deny such claims, reasoning that menstruation is not directly addressed by the text of the PDA and therefore should not be recognized as sex discrimination. The second—which is more subtle, and also perhaps more likely—is that courts could find such discrimination to be actionable, but do so relying solely on the PDA’s explicit reference to “medical conditions” related to pregnancy. While that would be helpful for addressing discrimination in workplaces, it could open the door to arguments that menstruation is outside the ambit of sex discrimination laws that do not include comparable language. Theorists and advocates should instead seek to establish that menstruation discrimination is discrimination the basis of “sex” itself, in that it is a condition linked to female reproductive organs (although transmen and boys and non-binary persons may also menstruate) and associated with stereotypical assumptions about women’s proper role in society. That reasoning, which suggests that the PDA is properly interpreted as signaling Congress’s disapproval with the Supreme Court’s unduly cramped understanding of what constitutes sex discrimination in the earlier pregnancy case, should apply not only to Title VII, but also to the interpretation of statutory and regulatory prohibitions on sex discrimination in non-employment contexts.

Download the article from SSRN at the link.

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2021 Summer Feminist Legal Theory Series: Call for Participants, Presenters and Papers

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Call for Presenters, Papers and Participants: Summer Feminist Legal Theory Series

Panels, Half-Baked Ideas + Junior Scholar Paper Presentations

The U.S. Feminist Judgments Project is pleased to announce its 2021 Summer Feminist Legal Theory Series. The series is co-sponsored by the Elisabeth Haub School of Law at Pace University, the William S. Boyd School of Law at the University of Nevada, Las Vegas, The Feminism and Legal Theory Project, The Vulnerability and the Human Condition Initiative, the Institute for Feminist Legal Studies at Osgoode, the Family Law Center at the University of Virginia School of Law, and the AALS Section on Women in Legal Education.

The series is coordinated by Bridget J. Crawford (Pace) and Kathy Stanchi (UNLV). It will meet online via Zoom on Wednesdays from 2:00pm-3:00 Eastern/11am-12:00pm Pacific, starting June 2, 2021 and running for six sessions.

There will be three different types of programming held over the course of six sessions:

(1) Two panel discussions will offer “big picture” perspectives on the history, beginnings, present and/or future of feminist legal theory.

(2) One date will be reserved for up to six simultaneous “half baked” presentations. These presentations are designed to allow scholars of any level of seniority to receive feedback at the very earliest stages of thinking about a project that implicates feminist theory in some way. “Half baked” presenters should have 5 double-spaced pages of written material or notes to share with a small audience of participants approximately one week before their presentation. Each presenter will have an intentionally small audience with participants who have signed up in advance to give feedback on the particular “half baked” idea. (Details to be announced.)

(3) Three dates will be reserved for junior scholars to present their work. These are meant to be traditional “paper presentation” workshops for those with five (5) or fewer years of experience as a tenured or tenure-track instructor as of July 1, 2021.

In selecting papers for presentations by junior scholars, preference will be given to papers that are in draft form, unpublished and on topics related to feminist legal theory, broadly defined, that will be of general interest to a wide range of colleagues. Papers can involve any domestic or international issues of interest to feminist scholars. The topics can be theoretical in nature or represent applications of feminist legal theory. Papers are encouraged, but not required, to relate in some way to broadly-defined feminist influences on judicial reasoning and opinion-writing. Junior scholar paper presenters will be strongly encouraged to limit their prepared remarks to 20 minutes, to allow ample time for comments from a senior scholar assigned to provide supportive productive feedback followed by questions and discussion with audience members.

Preregistration for all attendees and speakers is required. Details after the fold.

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CFP: Law, Gender & Sexuality: Reflections on “Thinking” and “Doing” Feminist Research

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Open Call for papers for special issue of

Society & Social Change

‘Law, Gender and Sexuality: Reflections on “Thinking” and “Doing” Feminist Research’

Editors Dr Anna Carline and Dr Sharron A. FitzGerald

This special issue launches Society & Social Change a new feminist platform for inter and trans disciplinary scholarship in law, gender and sexuality research.

The driving force behind Society & Social Change is its connections to the Law, Gender and Sexuality Research Network (LEX). LEX is a collective of international scholars that brings together and champions researchers who are committed to forging new pathways and puncturing conceptual blind spots in our thinking in this area. In the spirit of social change, LEX Researchers are at the forefront of social justice and social transformation in a number of key areas (e.g. violence against women, domestic violence, gender-based violence, sexual violence, equality, justice human rights, sexual citizenship, health etc). What makes LEX exciting is its members’ commitment to achieving social change through  their adherence to the civil rights principles of ‘good’ trouble.

In the spirit of social transformation through ‘good trouble’, we intend this call to motivate interdisciplinary contributions from feminist academics and researchers that can showcase the breath of the sophisticated theoretical and empirical work in the field. We welcome all contributions that present cutting-edge and innovative scholarship at the intersections of the following disciplines:

  • The arts
  • Literature
  • Humanities
  • Science
  • Climate change
  • Philosophy
  • Law
  • Sociology
  • Psychology
  • Ethics
  • History
  • Human geography
  • Migration studies
  • Communications studies
  • Criminology and
  • Social policy.

Papers should be approximately 9,000 words, including an abstract (150-200 words)

Deadlines: Abstract April 27 2021 Submission date: 29 October 2021

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Origins of “Are You There, Law? It’s Me, Menstruation” (Columbia Journal of Gender & Law Symposium, April 2021)

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On April 9-10, 2021, the Columbia Journal of Gender & Law hosted a virtual symposium, “Are You There, Law? It’s Me, Menstruation.” The symposium’s title is inspired by Judy Blume’s young adult classic, Are You There God? It’s Me, Margaret (1970), soon to be a Lionsgate film of the same name. Over one year before, Emily Waldman (Pace), Margaret Johnson (Baltimore) and I had proposed the program to the student editors of CJGL; we agreed to serve as the faculty co-conveners. As our symposium planning partners, we had the fantastic student editors at the CJGL, including Jenna Lauter and Sarah Ortlip-Sommers.

This is the only symposium (that I know of, at least) that developed out of a tweet (that itself developed out of a hallway conversation that developed out of another symposium that developed out of a different law review article by a different professor – dayenu?!).

This blog post is the back story of a uniquely named conference.

At the end of January 2020, my Pace colleague (and co-author) Emily Waldman casually mentioned that she had just come back from a Virginia Law Review symposium, Tinker at the Schoolhouse Gates: 50 Years After Tinker v. Des Moines, marking the anniversary of that landmark student speech decision.

At the time, Emily and I had been talking about, thinking about, and researching different intersections of menstruation and law. We had recently published The Unconstitutional Tampon Tax, 53 U. Rich. L. Rev. 339 (2019), arguing that the state sales tax on menstrual products is unconstitutional. We were in the process of finishing up an article, co-authored with Margaret E. Johnson (Baltimore), Title IX and Menstruation, 43 Harv. J. Law & Gender 225 (2020). In that piece, we argue that public secondary schools should provide free menstrual products to students, because the failure to address menstruation-related needs could amount to a denial of educational opportunities on the basis of sex under Title IX.

The more Emily and I were thinking and talking about the many ways that menstruation impacts life for approximately half of the human inhabitants of the world, the more we found ourselves asking what law could and should do to eliminate any obstacles to all people’s full participation in public life. (Here, I acknowledge the serendipity of having an office on the same floor as a colleague who took an interest in an early version of a different article on the tampon tax and human rights that I presented at an internal faculty workshop. One conversation led to another, and shortly thereafter, Emily and I were collaborating on a series of articles, drawing on her expertise in Constitutional Law, Employment Law, and Education Law, and my interests in Tax Law and Feminist Legal Theory.)

Right after Emily mentioned her participation in Tinker symposium, I started thinking about what other important fiftieth anniversaries might serve as inspirations for law review symposia. Late that night, it occurred to me. The year 2020 was the fiftieth anniversary of the publication of Are You There God? It’s Me, Margaret. Through that book, many young readers encounter for the first time a frank discussion of menstruation in a context other than a school health class or an awkward conversation with parents. That night, I tweeted (here):

I’m thinking we need a law review symposium on “God, Margaret and the Law 50 Years Later” this year. This YA book by@judyblume was published 50 yrs ago this year + is impt influence on today’s #menstrual equity movement in US. Thank you, Judy Blume!

After 52 likes–what more does a middle-aged law prof need?–and a suggestion from colleague Jessica Dixon Weaver (SMU) (here) (“imagine the panels and the keynote from Judy B. herself!”), the next day I drafted up a symposium proposal with the working title, “Are You There, God? It’s Me, Menstruation.” I had sketched out possible panels focused on constitutional law, employment law, prisoners’ rights, and other issues. I was worried that the title was too tongue-in-cheek to be taken seriously. But Emily liked it. She thought that the title would resonate with Judy Blume fans and that it uniquely encapsulated many of the issues we had been discussing between ourselves: How can and should the law account for the fact that half the population menstruates for a large portion of their lives?

We invited our co-author Margaret Johnson to join our proposal and sent it off on February 5, 2020 to the student editors at the CJGL. Despite the many distractions of the early days of the COVID-19 pandemic, the students received the proposal with enthusiasm and agreed to take on planning a symposium to be held the next academic year. We issued an open call for participation (here) and received a fantastic number of responses from scholars, activists, and students around the globe.

Although we had hoped to hold the symposium in person in 2021, in the end, public health concerns limited us to an all-Zoom format. The format turned out to have many advantages, though. In addition to traditional panels with colleagues from India, Australia and the U.K., there was a unique “lightning round” featuring authors of short-form, menstruation-themed companion essays that the Journal solicited through the open call and then published on its website. The lightning round participants ranged from a pair of high school students to college students, law students and senior law scholars. It was exciting to see and hear so many diverse perspectives represented!

Another highlight of the symposium was the keynote address by menstrual equity advocate United States Representative Grace Meng (D-Queens), the sponsor of the Menstrual Equity for All Act. There also were appearances by author Judy Blume, first in conversation with a Columbia Law student and then in an interview with a 12-year old reader–that’s the same age as the fictional Margaret!

In between the time of the proposal and the actual symposium at Columbia, Emily Waldman and I had began working on a book, Menstruation Matters: Making Law and Society Responsive to Human Needs. It will be published by NYU Press in 2022. The book aptly could have the same name I invented for the symposium: “Are You There, Law? It’s Me, Menstruation.” Our book has chapters devoted to multiple discrete areas of the law in which menstruation matters a great deal to whether and how half the population can participate for large portions of their life in education, employment, religious observances, family life and beyond. Now in the final stretches of manuscript preparation, we grateful for symposium’s introduction of many more voices into the conversation about law’s limitations and potential when it comes to menstruation-related issues. Both the symposium issue of the CJGL and our book tread new ground in legal scholarship.

We’ll post more when the symposium issue comes out and when we have a 2022 publication date from NYU Press for our monograph!

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Lolita Buckner Inniss to Become Dean at Colorado Law

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Portrait of Lolita Buckner InnissFeminist Law Prof Lolita Buckner Inniss (SMU) will become Dean at Colorado Law, effective July 1, 2021. Here is an excerpt from Colorado’s announcement:

“Professor Inniss impressed many constituents in our campus community, including the search committee and me, with her accomplished record as a legal scholar and her inspiring, expansive vision for Colorado Law,” said [University of Colorado Boulder Provost Russell] Moore. “Based on my interactions with her, I am confident that she will build upon and extend the gains in accessibility, excellence and national reputation achieved by Dean Anaya, and will take Colorado Law to all new and exciting levels of success.”

Inniss is the senior associate dean for academic affairs and a professor of law, university distinguished professor and the inaugural Robert G. Storey Distinguished Faculty Fellow at the Southern Methodist University Dedman School of Law.

She received a bachelor’s degree from Princeton University, where she majored in romance languages and literature with certifications (minors) in African American and Latin American Studies. She earned her Juris Doctor from UCLA, where she was an editor of the National Black Law Journal. She also holds a masters of law degree with distinction and a doctoral degree in law from Osgoode Hall Law School, York University, in Canada, where she focused on comparative racism and legal history. At York University, Inniss received the Mary Jane Mossman Award for Work in Feminist Legal Theory and the Harley D. Hallett Award. Also at York University, she was a Peter Hogg Scholar and a graduate associate of the Institute of Feminist Legal Studies.

“I am both honored and delighted to be named the next dean of Colorado Law,” Inniss said. “This is a marvelous opportunity to make further contributions to the study of law working with CU Boulder students, faculty and staff, and to help lead a dynamic and nationally recognized law school into a bold new future.”

The full announcement is here. Fantastic news!

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Pittsburgh Tax Review CFP: “Teaching Tax Law”

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Pittsburgh Tax Review

Call for Papers:

Teaching Tax Law

Spring 2022 Special Issue

In the second issue of its 19th volume, the Pittsburgh Tax Review will publish a series of contributions addressing the teaching of tax law. The aim of this special issue is to collect in one place the insights of leading tax teachers as a service for all those who are interested in and devoted to educating current law students and future tax lawyers. The Pittsburgh Tax Review has already secured the participation of five distinguished scholar/teachers: Alice Abreu (Temple University Beasley School of Law), Samuel Donaldson (Georgia State University College of Law), Heather Field (UC Hastings College of Law), Deborah Geier (Cleveland State University Cleveland-Marshall College of Law), and Katherine Pratt (Loyola Law School, Los Angeles).

The Pittsburgh Tax Review invites proposals from others for one to two additional contributions to be included in this special issue. Proposals for a contribution of between 8,000 and 10,000 words are welcome from all who teach tax law. Potential contributions to the special issue might take a variety of forms. For example, contributions to the special issue might describe classroom techniques and innovations, innovations in course design or structure, or novel courses. Or contributions might explore the lessons learned during the time we have all now spent teaching during the pandemic and consider how that might impact our teaching once we all return to the classroom. Or contributions might be completely forward looking and propose novel ideas or experiments in teaching that have not yet been implemented. Or contributions might approach the topic of teaching tax law from an entirely different perspective.

Interested individuals should send an abstract outlining the topic and substance of their proposed contribution to the Pittsburgh Tax Review by email at taxrev@pitt.edu. Abstracts should be no longer than 250 words and should be submitted by May 15, 2021. Proposals will be reviewed and invitations will be issued by June 15, 2021. Those invited to participate will be required to submit tentative drafts by October 15, 2021 (to be shared among all of the contributors to the special issue) and final drafts ready for editing by the Pittsburgh Tax Review’s staff of student editors by December 31, 2021.

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14 Companion Essays to #AreYouThereLaw Symposium @ColumbiaJGL on Menstruation and Law

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On April 9-10, 2021, the Columbia Journal of Gender & Law hosted the symposium Are You There Law? It’s Me, Menstruation, a two-day program that featured over 40 participants. The symposium included  a keynote address by Congresswoman Grace Meng and a guest appearance by author Judy Blume.

There were three features of the symposium that jumped out at me as innovative. First, we were treated to an interview of Judy Blume by a 12-year old reader who asked smart questions about how Blume developed the story in Are You There God? It’s Me, Margaret (1970). The symposium celebrated both the 50th anniversary of the publication of Margaret as well as the 30th anniversary of the journal. I don’t think I’ve ever seen anything like that in a symposium — and it worked!  In a very special way, the *actual* 12-year old reader, with whom Judy Blume had instant rapport, stood in for so many of the people involved in the contemporary menstrual equity movement who were inspired by Blume’s books. One of the audience attendees even got to ask Judy Blume a question that the audience member said she had been dying to ask for years. And attendees got some fun insight from Blume about preparations for the film version of Margaret.

The second notable feature is the series  innovative features of the symposium included a series of 14 short, 500-word essays published on the journal’s website. The mini-essays included voices and perspectives that enhance to usual conference papers that the journal will publish. The collection even includes a co-authored essay by a pair of high school students who are menstrual activists. So great! Links to all of the essays appear after the fold.

Finally, I loved the “lightning round” which took the place of the usual lunch break. Attendees could elect a shorter lunch break and then return to hear short presentations from the 500-word essay contributors. There are many ways that Zoom is a poor substitute for in-person conferences, but this “lightning round” worked well (in my opinion) with authors joining from around the globe and reaching a large audience.

Check out the essays below.

 

Vol. 41 Symposium Essay: NIDDAH – JEWISH MENSTRUATION AND THE LAWS GOVERNING MARRIAGE IN ISRAEL

April 7, 2021
 
 

Vol. 41 Symposium Essay: UNCLEAN

March 24, 2021
 
 

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Pre-Register for @ColumbiaJGL Symposium “Are You There, Law? It’s Me, Menstruation” April 9-10, 2021 #areyoutherelaw

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The Columbia Journal of Gender & Law is hosting a virtual symposium called, “Are You There, Law? It’s Me, Menstruation” on April 9-10, 2021. The event is free and open to the public (pre-registration required here).

Representative Grace Meng (D-NY) will deliver the keynote address. Author Judy Blume will make an appearance as well. The symposium is loosely inspired by the 50th anniversary of the publication of Blume’s young adult classic Are You There God? It’s Me, Margaret (1970) (as well as a tweet from over a year ago that set in motion planning for such a symposium).

The symposium highlights the work of more than forty authors, representing a diverse range of perspectives, both in print and online (check out some of the innovative short essays here).

The full symposium program is available here.

Speakers include practitioners, activists and scholars from other disciplines, as well as these law profs: Ann Bartow (UNH), Anita Bernstein (Brooklyn), Naomi Cahn (Virginia), Liz Cooper (Fordham) Chris Cotropia (Richmond), Michele Gilman (Baltimore), Beth Goldblatt (University of Technology Sydney), Valeria Gomez (Connecticut), Victoria J. Haneman (Creighton), Lolita Buckner Inniss (SMU), Kit Johnson (Oklahoma), Margaret E. Johnson (Baltimore), Marcy Karin (UDC), Pamela Laufer-Ukeles (Academic College of Law and Science, Hod Hasharon Israel), Prianka Nair (Brooklyn), Carla Spivack (OKCU), Linda Steele(University of Technology Sydney), Allison Tait (Richmond), Leslie Y. Tenzer (Pace), Emily Gold Waldman (Pace), and Deborah Widiss (Indiana-Maurer).

This Friday and Saturday, you can follow the conference on social media with the hashtag #areyoutherelaw.

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Call for Proposals for the Third Annual Equality Law Scholars’ Forum

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Last year, we had to cancel our two-day, in-person Spring 2020 Equality Law Scholars’ Forum scheduled at the University of San Francisco Law School (we held a small feedback session virtually for several junior scholars in Fall 2020), but we’re back in full for Fall 2021!   Building on the success of the Inaugural Equality Law Scholars’ Forum held at UC Berkeley Law in 2017 and at UC Davis Law in 2018, and in the spirit of academic engagement and mentoring in the area of Equality Law, we (Tristin Green, University of San Francisco; Angela Onwuachi-Willig, Boston University; and Leticia Saucedo, UC Davis) announce the Third Annual Equality Law Scholars’ Forum to be held in Fall 2021.  We are planning for the event to be held in person at the Boston University School of Law. 

This Scholars’ Forum seeks to provide junior scholars with commentary and critique and to provide scholars at all career stages the opportunity to engage with new scholarly currents and ideas.  We hope to bring together scholars with varied perspectives (e.g., critical race theory, class critical theory, feminist legal theory, law and economics, law and society) across fields (e.g., criminal system, education, employment, family, health, immigration, property, tax) and with work relevant to many diverse identities (e.g., age, class, disability, national origin, race, sex, sexuality) to build bridges and to generate new ideas in the area of Equality Law.  

We will select five relatively junior scholars (untenured, newly tenured, or prospective professors) in the U.S. to present papers from proposals submitted in response to this Call for Proposals. In so doing, we will select papers that cover a broad range of topics within the area of Equality Law.  Leading senior scholars will provide commentary on each of the featured papers in an intimate and collegial setting.  The Forum will take place all day Friday through lunch on Saturday.  Participants are expected to attend the full Forum.  The Equality Law Scholars’ Forum will pay transportation and accommodation expenses for participants and will host a dinner on Friday evening.  

This year’s Forum will be held on November 12-13, 2021 at the Boston University School of Law

Junior scholars are invited to submit abstracts of proposed papers, 3-5 pages in length, by June 1, 2021.

Full drafts of papers must be available for circulation to participants by October 29, 2021.

Proposals should be submitted to:

Tristin Green, University of San Francisco Law School, tgreen4@usfca.edu.  Electronic submissions via email are preferred.

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Title IX’s Prohibition of Discrimination “on the Basis of Sex” Prohibits Discrimination on Basis of Gender Identity or Sexual Orientation

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In an anticipated (but not surprising) memorandum, the U.S. Department of Justice, Civil Rights Division, has issued guidance (here) to federal agencies on the applicability of Bostock v. Clayton County, 140 S. Ct. 1731 (2020) to Title IX. Here is an excerpt from the memo:

Title IX’s “on the basis of sex” language is sufficiently similar to “because of” sex under Title VII as to be considered interchangeable. In Bostock itself, the Supreme Court described Title VII’s language that way: “[I]n Title VII, Congress outlawed discrimination in the workplace on the basis of race, color, religion, sex, or national origin.” Bostock, 140 S. Ct. at 1737 (emphasis added)….The Bostock Court concluded that Title VII’s prohibition of discrimination “because of” sex includes discrimination because of sexual orientation and transgender status, finding that when an employer discriminates against employees for being gay or transgender, “the employer must intentionally discriminate against individual men and women in part because of sex.” Bostock, 140 S. Ct. at 1740–43. The same reasoning supports the interpretation that Title IX’s prohibition of discrimination “on the basis of” sex would prohibit recipients from discriminating against an individual based on that person’s sexual orientation or transgender status. This interpretation of Title IX is consistent with the Supreme Court’s longstanding directive that “if we are to give Title IX the scope that its origins dictate, we must accord it a sweep as broad as its language.” N. Haven Bd. of Ed. v. Bell, 456 U.S. 512, 521 (1982) (citations and internal alterations omitted). 

President Biden’s Executive Order 13988 articulates the Administration’s policy that “[a]ll persons should receive equal treatment under the law, no matter their gender identity or sexual orientation.” This Title IX memo is consistent with that policy.

H/T Emily Gold Waldman.

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Highlights of 37 Years of the Feminist Legal Theory Project

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The latest newsletter (here) of the Vulnerability and the Human Condition Project at Emory University, spearheaded by Martha Fineman, highlights many of the contributions made over the last 37 years by the Feminism and Legal Theory Project

The Feminism and Legal Theory Project has archived its materials in the Hugh F. MacMillan Law Library at Emory University School of Law and digitally in the “Women and the Law” collection on HeinOnline

The archives contain drafts of papers and calls for papers from the almost four decades of FLT work. Significantly, it also contains recordings and videos of workshops where papers are presented and discussed. Scholars such as Patricia Williams, Lucie White, Robin West, and many others are seen presenting for the very first time in public in this archive.  

The materials housed currently at Emory are a rich resource for students and scholars wishing to do historic work in feminist legal theory. Anyone who wishes to learn more about the archives is welcome to contact Professor Martha Fineman.

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The SPOT Period: Philadelphia Non-Profit’s “Menstrual Hub” Addresses Period Poverty — It’s an Actual Building!

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portrait of Ms. Lynette Medley

image: Ms. Lynette Medley image source: https://www.nomoresecretsmbs.org/about

In February, 2021, the nonprofit organization No More Secrets Mind Body Spirit, Inc., founded by Lynette Medley, opened The SPOT Period, a physical gathering place that offers free menstrual products, menstruation-related counseling and education, a computer lab with three machines. 

The SPOT Period also has a “Breonna Taylor Safe Room,” a decompression space “because we understand being Black female in America isn’t the most safe identity,” as Ms. Medley told the Billy Penn daily newsletter (here). The SPOT Period also provides community members who need it access to toilets and running water at its building on Germantown Avenue.

Ms. Medley is the originator of the hashtag #blackgirlsbleed and her organization received a special resolution from Philadelphia Councilwoman Cherelle L. Parker for its work against menstrual stigma (see here).

The SPOT Period has a gofundme campaign here to help support its work. Ms. Medley’s Twitter account @lynette_medley provides valuable updates on the work The SPOT Period, period poverty activism and menstrual equity issues.

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Menstrual Equity Advocate Dana Brooks Named One of “25 Women You Need to Know” by Tallahassee Democrat Newspaper

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Florida attorney Dana Brooks has been named as one of the “25 Women You Need to Know” by the Tallahassee Democrat (here). Here is an excerpt from the Tallahassee paper’s profile:

Brooks began her career in clinical social work, but felt called to advocacy and problem-solving. “I am a person of action,” she says. “I could not stand by while people were being wronged. I knew I could help them fix their problems.”

She enrolled in law school at Florida State University, graduating just three days shy of her 40th birthday.

Now, she is a shareholder with Fasig Brooks, where she combines the practice of personal injury law with staunch advocacy for women, notably victims of sexual and workplace harassment.

She recently joined the fight to end “period poverty,” referring to the lack of access to sanitary products for menstruation that prevent women and girls from going to work and school every day. “I am committed to ending period poverty,” she says. To that end, she successfully fought against the tampon tax and is collaborating with a school project to install sanitary product dispensers in all public schools.

Ms. Brooks was the attorney behind the class action litigation to repeal Florida’s tampon tax. See her interview for the Feminist Law Professors blog here.

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Gov’t in New South Wales, Australia to Provide Free Menstrual Products in 30 Schools

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map of australia

image source: ontheworldmap.com

The government in New South Wales, Australia has announced a pilot program to provide free menstrual products in 30 government schools. Here is an excerpt from the government press release:

Free menstrual hygiene products will be available to students in two pilot regions in NSW ahead of a wider rollout.

Minister for Education Sarah Mitchell and Minister for Women Bronnie Taylor announced the locations of the trial today at Birrong Girls High School.

Ms Mitchell said the pilot would run in 30 schools across Western Sydney and Dubbo for two terms.

“It’s important no female student feels like they can’t fully participate in all aspects of school life because they do not have access to menstrual hygiene products,” Ms Mitchell said.

“I want to make sure there are no barriers to education for female students just because they get periods.

“Once the pilot is finished we can look at how we roll this service out to all schools in the state.”

Dispensers will be provided with sanitary products including pads and tampons at no cost to schools or students. The department will trial two types of dispensers, which will be placed in the female students’ bathrooms.

The full press release is here.

Victoria, Australia was the first state in the country to do so, beginning with its pilot program in September 2019.

The state of South Australia has also announced that it will make products available for free in all of its schools.

News coverage here and here.

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@TouroLawCenter Journal of Race, Gender and Ethnicity Symposium on “The Evolution of Gender Equity” April 7, 2021

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conference posterOn April 7, 2021, the Journal of Race, Gender, and Ethnicity at Touro Law Center will present a program on “The Evolution of Gender Equity.”

The program runs 4-6pm and features Professors Victoria Haneman (Creighton) Sital Kilantry (Cornell), as well as Touro Law Adjunct Professor Meredith Miller and Sibohan Klassen of the Gender Equality Law Center.

More information will be available here, but at the moment the link is not working.

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