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Michigan Journal of Gender and Law
Number of Followers: 3  Free journalISSN (Print) 1095-8835 Published by U of Michigan  [3 journals]
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- Critical Race Feminism, Health, and Restorative Practices in Schools:
Centering the Experiences of Black and Latina Girls- Authors: Thalia González et al.
Abstract: Restorative practices (RP) in K-12 schools in the United States have grown exponentially since the early 1990s. Developing against a backdrop of systemic racism, RP has become embedded in education practice and policy to counteract the harmful and persistent patterns of disparities in school discipline experienced by students of color. Within this legal, social, and political context, the empirical evidence that has been gathered on school-based restorative justice has framed and named RP as a behavioral intervention aimed at reducing discipline incidents—that is, an “alternative” to punitive and exclusionary practices. While this view of RP is central to dismantling discriminatory systems, we argue it reflects an unnecessarily limited understanding of its potential and has generated unintended consequences in the field of RP research. First, the reactive RP model of analysis focuses more exclusively on behavioral change, rather than systemic improvement, to address discipline disparities. Second, RP research has insufficiently examined the potential role of RP in achieving health justice. Third, RP research too rarely engages in intersectional analyses that critically examine gendered racism. This study is intended as a course correction. Building on the work of legal scholars, public health researchers, sociologists, restorative justice practitioners, and our own prior work, this original study is the first to examine non-disciplinary RP through a critical race feminist lens, and—just as importantly—a public health praxis. Our findings reveal that the interplay between RP and adolescent health, race, and gender can no longer be overlooked. Proactive non-disciplinary RP was found to promote supportive school environments that enhance five key protective health factors for Black and Latina girls. Additionally, results indicate that RP improved the mental health and wellbeing of Black and Latina girls, building fundamental resilience skills that can help overcome the complex array of social structures that serve to disempower and disenfranchise girls and harm their educational and health outcomes.
PubDate: Fri, 27 Jan 2023 08:50:52 PST
- Authors: Thalia González et al.
- Gender and Corporate Crime: Do Women on the Board of Directors Reduce
Corporate Bad Behavior'- Authors: Ido Baum et al.
Abstract: Public debate on mandating gender representation on boards of directors in the United States is close to a boiling point. California introduced a mandatory quota in 2018 only to see it constitutionally disqualified in 2022, and the Nasdaq Stock Market followed suit with new diversity rules in 2021 for all corporations listed on the exchange. While public discourse focuses on corporate performance, not much is known about the link between gender diversity and corporate normative obedience.In this study we explore the relationship between boardroom gender representation and corporate compliance with the law. We examine the impact of gender diversity on corporate obedience in a sample of 660 public corporations. Our findings indicate that gender diversity has a substantial positive impact on corporate compliance. Notably, every one percent increase in female representation on the board is associated with at least a four percent decrease in the probability that the corporation will be associated with a violation of the law.The key contributions of this Article to the literature are threefold: First, the findings of this Article call for an empirical reevaluation of gendered theories of female white-collar offenders. Second, this Article adds a unique perspective to the broad discussion of environmental, social, and governance (ESG) aspects of corporate purpose. Third, this Article sheds innovative light on the discussion about corporate social responsibility (CSR) and the means to enhance it.
PubDate: Fri, 27 Jan 2023 08:50:51 PST
- Authors: Ido Baum et al.
- Litigation, Referendum or Legislation' The Road to Becoming the First
in Asia to Institutionalize Same-Sex Marriage- Authors: Tzu-Chiang Huang
Abstract: In the pursuit of same-sex marriage, advocates in each country evaluate the appropriate decision-making process for addressing this highly disputed issue—litigation, legislation, or referendum. The choice may be partially based on the institutional advantages of each approach, but more importantly, the choice is also conditioned by the legal and political context of each country, such as the authority of the court, the framing of public opinion, and the dynamics between movement and countermovement. Uniquely, all three decision-making processes are involved in the course of the institutionalization of same-sex marriage in Taiwan. This Article, focusing on the experience in Taiwan, examines the approaches and factors that influence the conceptualization and realization of marriage equality, and to what extent the court can be involved in the process of major social reforms. At first glance, the polarizing events subsequent to the Taiwan Constitutional Court’s (TCC) decision seem to reflect the judicial backlash thesis, which suggests that court intervention is counterproductive, as it engenders political resistance. However, this Article argues that the way the TCC adjudicated may actually be a workable alternative approach for other courts to introduce same-sex marriage. In particular, the combination of a “remedial period” for the legislature and “supplemental judicial law-making” allows the courts to facilitate substantial social change while ensuring more democratic deliberation.
PubDate: Fri, 27 Jan 2023 08:50:51 PST
- Authors: Tzu-Chiang Huang
- Making Mandates Last: Increasing Female Representation on Corporate Boards
in the U.S.- Authors: Nikki Williams
Abstract: A lack of female representation on corporate boards has plagued our country for decades. Until a few years ago, there was not a single state or federal regulation that required corporations to fill board seats with female directors. Instead, the federal government talked around the issue. In 2010, the SEC established an optional reporting structure for corporations to communicate their hiring practices, but did little else. With no national plan in place, many states implemented legislation that urged corporations to hire female directors. But this legislation barely moved the needle. The country needed a mandate. And in 2018, California implemented the first one – SB 826. SB 826 required each publicly held corporation with executive offices in California to place specific numbers of women on its board, depending on the board’s size. The private sector quickly followed, with institutions such as Goldman Sachs and Nasdaq announcing that in order to receive funding or list on its exchange, corporations must have at least one female director.After SB 826 was enacted, the number of women on California boards more than doubled. And many states are now using SB 826 as a model to enact similar bills. But while SB 826 saw few legal challenges overall, in May 2022, it was overturned under California’s Equal Protection Clause. Even if this decision is appealed, states looking to follow California’s lead should be cautious of another threat to such a mandate’s longevity – the internal affairs doctrine. The internal affairs doctrine is a conflict of laws principle that establishes that the state law of incorporation governs a company’s internal affairs. More than half of the corporations in the U.S. are incorporated in Delaware, leaving state statutes highly vulnerable to being rendered ineffective. It is clear that mandates work. But when mandates are put in place, they should stay in place.In this Note, I propose two alternative solutions [to the female representation problem] that would increase female participation on corporate boards. First, even if Equal Protection challenges ultimately fail, rather than relying on sporadic state statutes, stakeholders should pressure Delaware to enact a corporate code that would mandate female representation on corporate boards. Second, to circumvent Equal Protection challenges altogether, the private sector should expand its mandates to consider the number of female directors in relation to the size of each board, similarly to SB 826.
PubDate: Fri, 27 Jan 2023 08:50:50 PST
- Authors: Nikki Williams
- Gentlewomen of the Jury
- Authors: Vivian N. Rotenstein et al.
Abstract: This Article undertakes a contemporary assessment of the role of women on the jury. In 1946, at a time when few women served on U.S. juries, the all-male Supreme Court opined in Ballard v. United States: “The truth is that the two sexes are not fungible; a community made up exclusively of one is different from a community composed of both; the subtle interplay of influence of one on the other is among the imponderables.” Three-quarters of a century later, women’s legal and social status has changed dramatically, with increased participation in the labor force, expanded leadership roles, and the removal of legal and other barriers to their civic engagement, including jury service. Theoretical developments and research have produced new insights about how genderconforming individuals enact their gender roles. We combine these insights with a substantial body of jury research that has examined the effects of jurors’ gender on their decision-making processes and verdict preferences in criminal and civil cases. We also consider how nonbinary and gender-nonconforming individuals might bring distinctive perspectives and experiences to the jury. After a review of the historical record, describing shifts over time in women’s jury participation in the face of legal and societal barriers, we summarize evidence from decision-making research, gender scholarship, and jury studies to examine whether women bring a different voice to jury service. Our review, which demonstrates substantial commonalities as well as significant areas of divergence in jurors’ attitudes and verdicts as a function of their gender, altogether underscores the importance of full and equitable participation on the jury.
PubDate: Fri, 27 Jan 2023 08:50:50 PST
- Authors: Vivian N. Rotenstein et al.
- Pregnant Transgender People: What to Expect from the Court of Justice of
the European Union's Jurisprudence on Pregnancy Discrimination- Authors: Hannah Van Dijcke
Abstract: Pregnant transgender people’s experiences vary: they may identify as male or non-binary and may seek gender-affirming medical care to different degrees. This variety in gender identities and bodies puts additional pressure on CJEU’s pregnancy discrimination case law—a case law that is, as this Article argues, already flawed. Building on a critique of the CJEU’s decision in Dekker, this Article discusses three alternative approaches to addressing pregnancy discrimination in EU law. The first two approaches are different ways of construing pregnancy discrimination as sex discrimination. First, the Article discusses a gender-stereotyping approach to direct sex discrimination, and, second, an indirect sex discrimination analysis. The third approach is to introduce a separate provision on pregnancy discrimination in EU legislation. This Article argues that this third approach provides the fullest protection for all types of pregnancy discrimination—including the pregnancy discrimination that pregnant transgender people experience.
PubDate: Mon, 13 Jun 2022 08:50:25 PDT
- Authors: Hannah Van Dijcke
- Cruel Dilemmas in Contemporary Fertility Care: Problematizing
America's Failure to Assure Access to Fertility Preservation for
Trans Youth- Authors: Anna Reed
Abstract: Transgender youth are increasingly able to access gender-affirming healthcare. Because gender-affirming care such as hormone therapy is clinically shown to reduce gender dysphoria and ease physical and social transition, every major U.S. medical association recognizes that gender-affirming healthcare is medically necessary for the treatment of dysphoria. However, an important dimension of gender-affirming care remains under-insured and overpriced: fertility preservation (FP). Several studies indicate that hormone therapies and certain gender-affirming surgeries can have negative, long-term impacts on future fertility. Although these impacts can be mitigated through approved FP methods such as sperm cryopreservation and oocyte cryopreservation, such methods are rarely affordable for those who need them.These cost barriers largely exist because fertility care (including FP) remains excluded from most public and private insurance plans. Even though states have the regulatory authority to remedy this, only seventeen have taken steps to do so. This paper will demonstrate how the failure to provide coverage for fertility care forces young people into cruel dilemmas. Because gender-affirming care is, itself, expensive, paying additional out-of-pocket fees for FP is often not in the cards for many young people. Section I will delve into the landscape of FP coverage in the U.S. and the barriers that prevent people from accessing FP services. Section IV will then connect the lack of insurance coverage to a broader pattern of state efforts to withhold and eliminate child-bearing capacity, either directly or indirectly, from marginalized communities. Finally, Section III will offer legal and policy recommendations that could disrupt this history of reproductive oppression, and secure greater access to bodily autonomy for trans youth.
PubDate: Mon, 13 Jun 2022 08:50:24 PDT
- Authors: Anna Reed
- Surrogacy and Parenthood: A European Saga of Genetic Essentialism and
Gender Discrimination- Authors: Mélanie Levy
Abstract: This paper tells a story of shifting normativities, from tradition to modernity and back, regarding the recognition of legal parenthood in non-traditional families created through crossborder surrogacy. The cross-border nature of the surrogacy is often forced as most domestic legal frameworks in Europe still restrict the creation of non-traditional families through assisted reproductive technologies. Once back home, these families struggle to have birth certificates recognized and establish legal parenthood. The disjuncture between social reality and domestic law creates a situation of legal limbo. In its recent case law, the European Court of Human Rights has pushed for domestic authorities to rectify this situation but, at the same time, has filled the legal limbo with genetic essentialism and allowed for gender discrimination when recognizing legal parenthood. While giving full effect to a genetic father’s foreign birth certificate based on identity and best interests arguments, the Court accepts that a genetic mother must adopt to establish a legal parent-child relationship. The paper critically addresses this intriguing imbalance. It deconstructs the Court’s genetic essentialism encouraging a biologically determined view of parenting, which sidelines the social (i.e., non-genetically related) parent and contradicts the purpose of assisted reproduction to overcome biological barriers. The paper concludes by rejecting the gender-discriminatory element of power and control over legal motherhood imposed by the procedural step of adoption.
PubDate: Mon, 13 Jun 2022 08:50:24 PDT
- Authors: Mélanie Levy
- Black Women & Women's Suffrage: Understanding the Perception of the
Nineteenth Amendment Through the Pages of the Chicago Defender- Authors: Tamar Anna Alexanian
Abstract: Susan B. Anthony once famously stated, “I will cut off this right arm of mine before I will ever work for or demand the ballot for the Negro and not the woman.” The racism of many early suffragettes has been well documented and discussed; Black suffragettes and other suffragettes of color were, at best, relegated to the margins of the movement and, at worst, scorned and turned away by white suffragettes. Moreover, part of white suffragettes’ strategy for passage of the Nineteenth Amendment was based on racist appeals to white men; white suffragettes claimed that passage of the Nineteenth Amendment would help keep white voters in the majority and, ultimately, would help uphold white supremacy. Against this backdrop, Black women—and much of the Black community more generally—still supported and fought for the passage of the Nineteenth Amendment.Recent legal and historical scholars have been dedicated to studying the often-overlooked and instrumental role that Black women played in the Suffrage Movement and Black enfranchisement. This Article seeks to look at the coverage by Black—largely male—journalists at the Chicago Defender in the ten years preceding and proceeding the passage of the Nineteenth Amendment. In doing so, this Article hopes to better understand the ways that some Black community members understood and viewed the Nineteenth Amendment and how that perception changed. Although in hindsight we understand that the Nineteenth Amendment was not the liberating feat for Black women that it was for white women, what does Black journalistic coverage in the period immediately before and after its passage tell us about the perception of the Nineteenth Amendment and Black women’s enfranchisement at the time'The methodology of this research differs from those used in other historical research regarding Black women’s suffrage. Many historians have focused on understanding Black women’s suffrage through studying individual women’s stories: In her groundbreaking and well-received book Vanguard: How Black Women Broke Barriers, Won the Vote, and Insisted on Equality for All, legal historian Martha Jones says that “by recounting the lives of some of the many Black women who engaged in political fights, the picture of a whole comes into view.” These histories rely on a large variety of historical documents left behind by, and about, individual suffragists and events to gain an understanding of “the picture of a whole.” This Article takes a different approach: it looks deeply at only one set of primary documents—articles printed in the Chicago Defender— to better understand the changes and patterns in community perception revealed through journalistic coverage. This is not counter to the important work of these other historians, who have helped recover the overlooked stories of suffragists of color. Instead, this Article seeks to further our understanding of these stories through a different medium.
PubDate: Mon, 13 Jun 2022 08:50:23 PDT
- Authors: Tamar Anna Alexanian
- Defining Sexual Orientation: A Proposal for a New Definition
- Authors: Andrew Park
Abstract: Laws prohibiting discrimination based on sexual orientation are becoming more common in all parts of the world. Few of these laws provide useful definitions of the term sexual orientation. As a result, the meaning and impact of these laws remains unclear. This Article reviews past and current definitions of sexual orientation according to how well they incorporate current empirical knowledge of sexual orientation, and how their use in human rights laws impacts the dignity, right to equality, and human development of sexual minorities. The Article gives particular attention to the definition of sexual orientation found in the Yogyakarta Principles which has been adopted by a number of jurisdictions throughout the world. Because this definition views sexual orientation through a heteronormative lens, its use restricts sexual freedoms and undermines the dignity of individuals with non-confirming sexual orientations. The Article proposes a multidimensional definition of sexual orientation grounded in current scientific knowledge of how sexual orientation is manifested in the lives of sexual minorities.
PubDate: Mon, 13 Jun 2022 08:50:22 PDT
- Authors: Andrew Park
- Trek to Triumph
- Authors: Briaunna Buckner
Abstract: I was screaming in the stairwell of my home, holding a dead baby. The air was so thick that I could barely breathe. Tears were racing down my face as her twin sister, Zola, was screeching at the top of her lungs. “WHY LORD, don't take my baby!” Every emotion, every word, and every second after that moment felt black. All the sweet memories from just eight days of being able to hold her, kiss her, and love her fell in a black pit along with the dreams I had for my life. As I looked down at my sweet Zaina, I could not help but see at that moment that we were the same—lifeless.I rode to the hospital in the front of the ambulance while EMS performed CPR on her in the back. I kept repeating “breathe baby, please, just choose to live,” hoping that she would hear me and fight for her life. As the double doors to the emergency room swung open, the doctor took one look at her, and I could tell it was not good. My knees gave out and I fell onto the floor. It was so cold. There was nothing left that I could do. As I struggled to gather the strength to pick myself up from the cold ground, I realized something: nothing that could happen to me for the rest of my life is worse than this. Nothing is worse than losing a child. This was my biggest fear, and I was staring face-to-face with it at age twenty-three.
PubDate: Fri, 10 Jun 2022 12:50:22 PDT
- Authors: Briaunna Buckner
- Reproduction and Gender Self-Determination: Fertile Grounds for Trans
Legal Advocacy- Authors: Samira Seraji
Abstract: Current medical constructions of trans identities reflect heterosexist understandings of gender expression—understandings that deny access to gender-affirming healthcare to those who fail to perform normative binary genders. As medical providers establish norms for how to “properly” be trans, the state codifies these norms, basing trans existence on rigidly defined and harshly enforced understandings of binary gender. When this construction of transness is codified on an institutional level, such as with gender reclassification rules for government identification, it forces trans people to conform their bodies to cisgender norms, and dangerously disrupts trans people’s bodily autonomy and diminishes their control over their reproductive choices.This Article contends that the gender conformity that the state requires of trans people parallels the violence that the state has inflicted on low-income non-trans women of color. As welfare policies have sought to constrain indigent Black women’s reproductive and sexual autonomy, courts use legal gender determination to force trans people to conform to heterosexist sexual and family structures—a project that works to constrain their reproductive freedoms. This Article connects the decades-long struggle of non-trans women of color for reproductive justice with that of trans people’s right to self-identify without medical intervention. In doing so, this Article calls for legal trans advocates to coalition build with existing reproductive justice movements to nurture a trans jurisprudence that rejects heterosexist notions of trans identity and instead embraces the multiplicity of trans embodiment and queer family structures that we, as trans people, can create.
PubDate: Fri, 10 Jun 2022 12:50:21 PDT
- Authors: Samira Seraji
- Title IX and the Alleged Victimization of Men: Applying Twombly to Federal
Title IX Lawsuits Brought by Men Accused of Sexual Assault- Authors: Zoë Seaman-Grant
Abstract: This Note provides a survey of the current state of Title IX law as applied to anti-male bias lawsuits and suggests how courts should apply Twombly’s plausibility standard to anti-male bias claims going forward. Part I of this Note provides an overview of sexual violence on college campuses and the history of Title IX regulations and jurisprudence. Part II offers a brief history of Title IX anti-male bias lawsuits, examines the structure of anti-male bias lawsuits, and analyzes the various pleading standards applied by courts. Part III lays out the types of facts pled by Title IX anti-male bias plaintiffs and discusses what facts should be viewed as sufficient to meet Twombly’s plausibility standard. In Part IV, this Note looks at the future of Title IX anti-male bias lawsuits in light of new federal regulations and discusses the implications of these lawsuits for claimants and respondents in campus Title IX proceedings.
PubDate: Fri, 10 Jun 2022 12:50:21 PDT
- Authors: Zoë Seaman-Grant
- The Home of the Dispossessed
- Authors: Allison Anna Tait
Abstract: The objects that people interact with on a daily basis speak to and of these people who acquire, display, and handle them—the relationship is one of exchange. People living among household objects come to care for their things, identify with them, and think of them as a constituent part of themselves. A meaningful problem arises, however, when people who have deep connections to the objects that populate their lived spaces are not those who possess the legal rights of ownership. These individuals and groups—usually excluded from the realm of property ownership along lines of gender, race, and ethnicity—live on an axis of property precarity, persistently subject to the anxieties as well as the realities of dispossession. This Article’s launching point to explore these dispossessions is Henry James’ novel, The Spoils of Poynton, which involves a dispute about the settlement of a father’s estate and describes the battle between mother and son over the furnishings of the family home, Poynton. On a descriptive level, The Spoils of Poynton is a novel about a wife’s dispossession and the gendered nature of inheritance. The novel is also, however, about the exclusions built into property theories of labor and personhood. Accordingly, this Article explicates tactics of dispossession inherent in traditional theories of property ownership, explores the legal claims made to property ownership by those who have been dispossessed, and analyzes the ways in which the meaning of property for these individuals and communities is reconstituted within the political imaginary. The novel therefore tells the story not only of a property conflict between mother and son but also of how individuals who straddle the fragile boundary between personhood and objecthood both experience property as liminal fragments of the rightsholder they could have been and perform their property ownership as a political declaration. In this way, the novel tells the story of what it is like to live in the home of the dispossessed.
PubDate: Fri, 10 Jun 2022 12:50:20 PDT
- Authors: Allison Anna Tait
- Advancing Reproductive Justice in Latin America Through a Transitional
Justice Lens- Authors: Rosario Grimà Algora
Abstract: Reproductive autonomy is a pivotal part of women’s access to equal citizenship, yet it has not been included in any international nor regional human rights treaty. In the past decades, the U.N. Committees, notably the CEDAW Committee, and regional human rights bodies, particularly the Inter-American System for the Protection of Human Rights, have timidly advanced reproductive justice through their jurisprudence, including through the use of reparations. Drawing from the standards of reparations developed in the field of transitional justice, human rights bodies increasingly rely on reparations to enhance the transformative effects of their decisions. These reparations intend to include a gender-perspective in their design and aim to ensure the non-repetition of human rights violation, not only to the victim, but to society. Constitutional courts in Latin America are increasingly relying on the standards of reparations in their own decisions, including in those on reproductive justice. In this Article, I analyze two recent rulings from Latin American constitutional courts–one from Colombia and one from Ecuador–to understand how courts can use reparations to advance reproductive justice. I analyze these particular rulings for two reasons: (1) Both rulings have the potential to develop reproductive jurisprudence in the region where high courts have traditionally imported international and comparative law to resolve legal debates over reproductive rights; and (2) Both rulings challenge the traditional concept of reparations and offer an opportunity to rethink how the remedy can be deployed in a human rights context.
PubDate: Fri, 10 Jun 2022 12:50:19 PDT
- Authors: Rosario Grimà Algora
- “Champion Man-Hater of All Time”: Feminism, Insanity, and Property
Rights in 1940s America- Authors: Magdalene Zier
Abstract: Legions of law students in property or trusts and estates courses have studied the will dispute, In re Strittmater’s Estate. The cases, casebooks, and treatises that cite Strittmater present the 1947 decision from New Jersey’s highest court as a model of the “insane delusion” doctrine. Readers learn that snubbed relatives successfully invalidated Louisa Strittmater’s will, which left her estate to the Equal Rights Amendment campaign, by convincing the court that her radical views on gender equality amounted to insanity and, thus, testamentary incapacity. By failing to provide any commentary or context on this overt sexism, these sources affirm the court’s portrait of Louisa Strittmater as an eccentric landlady and fanatical feminist.This is troubling. Strittmater should be a well-known case, but not for the proposition that feminism is an insane delusion. Despite the decision’s popularity on law school syllabi, no scholar has interrogated the case’s broader historical background. Through original archival research, this Article centers Strittmater as a case study in how social views on gender, psychology, and the law shaped one another in the immediate aftermath of World War II, hampering women’s property rights and efforts to achieve constitutional equality. More than just a problematic precedent, the case exposes a world in which the “Champion Man-Hater of All Time”—newspapers’ epithet for Strittmater—was not only a humorous headline but also a credible threat to the postwar order that courts were helping to erect. The Article thus challenges the textbook understanding of “insane delusion” and shows that postwar culture was conducive to a strengthening of the longstanding suspicion that feminist critiques of gender inequality were, simply put, crazy.
PubDate: Thu, 17 Jun 2021 13:40:59 PDT
- Authors: Magdalene Zier
- Reasonableness in Hostile Work Environment Cases After #MeToo
- Authors: Danielle A. Bernstein
Abstract: The #MeToo movement, a global social response to sexual harassment in the workplace, has turned the traditional approach to sexual harassment on its head. Instead of shielding perpetrators and discrediting survivors, employers, the media, and the public have begun to shift from presuming the credibility of the perpetrator to presuming the credibility of the survivor. But this upending of the status quo has occurred almost entirely in the social sphere—and the legal system, where survivors of workplace sexual harassment can seek remedies for the abuse they have suffered, is proving much slower to adapt.While our social presumptions are flipping to center the behavior of the accused instead of the accuser, the legal standard for workplace sexual harassment still focuses squarely on the victim’s reasonableness. In order to bring a legally actionable claim of sexual harassment, a victim must demonstrate that she was objectively and subjectively reasonable in believing that she was subjected to sexual harassment. Even if she succeeds in demonstrating this, if her employer had mechanisms in place to address sexual harassment, she must also demonstrate that her response to her harassment— such as reporting or not reporting the harassment through an employer’s complaint process—was reasonable.This Comment analyzes the effects of the #MeToo movement on federal courts’ definitions of sexual harassment under the existing legal standard. Since reasonableness is a socially-defined term, courts have plenty of room to incorporate shifting conceptions of sexual harassment into their jurisprudence—but many are remarkably slow to do so. While it is too soon to state definitively what effect #MeToo will have on sexual harassment law in the long run, this Comment should leave practitioners and scholars with a clearer picture of the direction circuit courts have taken since #MeToo began.L
PubDate: Thu, 17 Jun 2021 13:40:59 PDT
- Authors: Danielle A. Bernstein
