SMU Dedman School of Law professor Joanna L. Grossman discusses Texas’s criminal abortion ban, particularly its medical emergency exception and a 2025 amendment designed to clarify when doctors can legally perform abortions to save pregnant patients’ lives. Professor Grossman argues that while the abortion ban continues to endanger pregnant women by causing doctors to delay or deny necessary care due to fear of prosecution, providers must understand they have more legal latitude than they realize to perform emergency abortions, and exercising this authority is crucial for harm reduction until abortion rights are restored.
SMU Dedman School of Law professor Joanna L. Grossman and Stanford Law professor emeritus Lawrence M. Friedman discuss the New Mexico Supreme Court’s decision to abolish the tort of alienation of affections, joining the vast majority of states that no longer allow lawsuits seeking compensation for a third party’s role in ending a marriage. Professors Grossman and Friedman argue that this centuries-old cause of action, part of a cluster of “heartbalm” torts, is inherently dehumanizing and based on archaic notions that treat spouses (particularly wives) as property without agency, and is incompatible with modern legal developments like no-fault divorce and contemporary understandings of gender relations and individual autonomy.
SMU Dedman School of Law professor Joanna L. Grossman and Stanford Law professor emeritus Lawrence M. Friedman discuss a lawsuit filed in North Carolina by Heather Ammel against former U.S. Senator Kyrsten Sinema, invoking the rarely-used tort of “alienation of affections”—a legal claim that allows a spouse to sue a third party for destroying their marriage, which remains valid in only six states. Professors Grossman and Friedman argue that while these “heartbalm” actions were historically designed to protect women from male misbehavior, they have become outdated relics based on antiquated views of marriage, yet the contrast between the traditional plaintiff and the powerful, unconventional defendant highlights ongoing tensions between old legal doctrines and modern social realities, with the outcome potentially signaling whether North Carolina will finally abolish this controversial cause of action.
SMU Dedman School of Law professor Joanna L. Grossman discusses the impact of Donald Trump’s executive orders during the first week of his second presidency, focusing on his reinstatement and expansion of the global gag rule that affects international sexual and reproductive health. Professor Grossman argues that these actions are reckless and harmful, causing severe setbacks in global reproductive health services, increasing unintended pregnancies and unsafe abortions, and exacerbating challenges in countries heavily reliant on U.S. aid for family planning and HIV treatment.
SMU Dedman School of Law professor Joanna L. Grossman has put together an “Advent Calendar” project sharing daily facts about Texas’s policies and statistics related to maternal and child welfare. Through 25 data points covering topics like maternal mortality, teen pregnancy, healthcare access, and abortion restrictions, Professor Grossman argues that Texas’s claims of being “pro-life” are contradicted by its poor performance on maternal and child health metrics and its restrictive policies that harm women and children.
SMU Dedman School of Law professor Joanna L. Grossman and Stanford Law professor emeritus Lawrence M. Friedman trace the historical and legal evolution of adultery laws in the United States, from colonial-era capital punishment through state-by-state criminalization to the recent 2024 repeal of New York’s adultery law. Professors Grossman and Friedman argue that while adultery has gradually been decriminalized across most states and is rarely prosecuted even where it remains illegal, it continues to have social significance and limited legal relevance in specific contexts like military justice, bigamy laws, and civil matters such as divorce proceedings.
SMU Dedman School of Law professor Joanna L. Grossman commemorates the life and legacy of Lilly Ledbetter, who passed away on October 12, 2024, and details her fight against pay discrimination at Goodyear Tire & Rubber Co., her subsequent Supreme Court case, and the landmark legislation that bears her name. Professor Grossman emphasizes how Ledbetter's perseverance led to meaningful change through the Lilly Ledbetter Fair Pay Act of 2009, which removed significant legal barriers for women seeking to challenge pay discrimination, even though she never personally received compensation for the discrimination she endured.
Stanford Law visiting professor Joanna L. Grossman and Boston University law professor Linda C. McClain discuss the sexist and misogynistic rhetoric employed by Donald Trump and J.D. Vance in their political campaigns, particularly focusing on their attacks against Vice President Kamala Harris. Professors Grossman and McClain argue that these attacks, which include criticizing Harris for being “childless” and labeling her a “DEI hire,” are part of a broader Republican strategy to reinforce patriarchal values and undermine women’s progress in politics and society.
Stanford Law visiting professor Joanna L. Grossman and professor Lawrence M. Friedman discuss the tension between donors who place restrictions on their charitable gifts and the organizations that receive those gifts, focusing on the current legal battle involving the Orlando Museum of Art’s attempt to use funds from the Margaret Young trust for purposes other than those specified by the donor. Professors Grossman and Friedman argue that while the law generally favors upholding donor intent, there are situations where courts may allow modifications to the terms of a charitable gift, especially when the original purpose becomes impractical or wasteful over time, and they suggest that donors should be cautious about being too specific in their instructions to avoid such issues.
Stanford Law visiting professor Joanna L. Grossman discusses the recently enacted Pregnant Workers Fairness Act (PWFA) and its accompanying regulations from the Equal Employment Opportunity Commission (EEOC), which provide protections and reasonable accommodations for pregnant workers. Professor Grossman explains key aspects of the new law and regulations, emphasizing that they will help countless workers maintain their jobs during pregnancy and childbirth while also combating stereotypes about women's labor force attachments and ultimately benefiting both employees and employers.
Stanford Law visiting professor Joanna L. Grossman and student Dr. Lauren N. Haumesser discuss a recent Arizona Supreme Court ruling that upheld an 1864 law banning nearly all abortions in the state, even in cases of rape or incest, with the only exception being to save the pregnant woman’s life. Professor Grossman and Dr. Haumesser argue that resurrecting this 160-year-old law is absurd and illogical given how much society has changed since then, and that modern Arizonans deserve to have their reproductive rights governed by more recently passed laws, like a 2022 statute banning abortion after 15 weeks, rather than an obsolete law from the 19th century.
Stanford Law visiting professor Joanna L. Grossman and 3L Sarah F. Corning comment on the Alabama Supreme Court’s questionable ruling in LePage v. Center for Reproductive Medicine that frozen embryos qualify as children under the state’s wrongful death statute, effectively granting embryos full personhood status, a decision aligned with anti-abortion efforts to establish fetal personhood legally. Professor Grossman and Ms. Corning point out that this ruling reflects broader national debates and legal challenges around fetal personhood and poses significant implications for reproductive rights, fertility treatments, and the legal recognition of embryos and fetuses. They suggest that it could even lead to the restriction or closure of fertility treatment centers in Alabama and influence future court interpretations related to abortion and reproductive technologies.
Stanford Law visiting professor Joanna L. Grossman discusses the legal landscape surrounding abortion rights in Texas, tracing its development from the Roe v. Wade decision to recent state laws that severely limit abortion access. Professor Grossman explains how a recent lawsuit challenging the Texas law’s enforcement against physicians whose good-faith judgment determines the pregnant person has an emergent medical condition requiring abortion care demonstrates that abortion bans have changed the way obstetrical care is practiced across the board.
Stanford Law visiting professor Joanna L. Grossman and professor Lawrence M. Friedman comment on the recent struggle over Aretha Franklin’s estate. Professors Grossman and Friedman describe the history of the law of wills, estates, and trusts, and explain why the disposition of Franklin’s estate may better reflect her intent and also aligns with the more modern approach toward understanding a person’s last will and testament.
In light of a recent trend of conservative voices opposing no-fault divorce laws, Stanford Law visiting professor Joanna L. Grossman and SMU Dedman School of Law professor Natalie Nanasi explain the history of fault-based divorce and no-fault divorce law in the United States. Professors Grossman and Nanasi point out that since the advent of the no-fault divorce the divorce rate is lower, the process is more efficient, and no-fault divorces provide an escape hatch for abused spouses who might otherwise have been stuck in an abusive marriage.
Stanford Law visiting professor Joanna L. Grossman, SMU Law professor Nathan Cortez, and SMU Law professor Seema Mohapatra critique the ruling last week by federal judge Matthew Kacsmaryk issuing a preliminary injunction to “delay” the FDA’s approval of mifepristone, one of the two drugs used in medication abortion. Professors Grossman, Cortez, and Mohapatra explore some of the deepest flaws in Judge Kacsmaryk’s opinion and the ways he manipulated law, science, and language to hew closely to the anti-abortion playbook.
Stanford Law visiting professor Joanna L. Grossman and professor Lawrence M. Friedman explain why the Comstock Act, an anti-vice law passed 150 years ago but never removed from the books, has recently become noticed again with Republicans’ renewed efforts to ban abortion nationwide. Professors Grossman and Friedman describe the law and the man behind the law, Anthony Comstock, and they argue that the so-called ghost law should remain dead.
SMU Dedman School of Law professor Joanna L. Grossman comments on the Pregnant Workers Fairness Act, which Congress introduced for the first time in 2012 and which President Biden finally signed into law on December 29, 2022. Professor Grossman explains the gaps in pregnancy discrimination law, the need to better address the realities of pregnant workers, and the ways in which the new law will better meet their needs.
SMU Dedman School of Law professor Joanna L. Grossman comments on the passage of the Respect for Marriage Act, which practically and symbolically enshrines protection for same-sex marriage in federal law. Professor Grossman explains the shameful history of the Defense of Marriage Act (DOMA) and the changes effectuated by the Respect for Marriage Act.
SMU Dedman School of Law professor Joanna L. Grossman describes the current status of abortion rights and access in Texas in light of the “Roe trigger ban” taking effect today, August 25, 2022. Professor Grossman explains the history of abortion in Texas and highlights the inhumanity of a law that prefers to let a pregnant woman die when a safe medical procedure would have saved her life, rather than permit her to terminate a pregnancy, even a non-viable one, unless she is on the brink of death or substantial bodily impairment.
