SMU Dedman School of Law professor Joanna L. Grossman analogizes a situation in the present United States to the dystopic circumstances of The Handmaid’s Tale. In each, Grossman points out that men have taken upon themselves the right and responsibility to mandate what women may (and must) do during pregnancy, despite what are indisputably their constitutional rights.
SMU Dedman School of Law professor Joanna L. Grossman comments on the recent change in policy announced by the Trump administration rolling back the Affordable Care Act’s contraceptive mandate, allowing employers with religious or moral objections to exempt themselves. Grossman describes the history of access to contraception in the United States and the measures Trump has taken that have the purpose or effect of restricting access to contraception.
SMU Dedman School of Law professor Joanna L. Grossman comments on a recent decision by the Arizona Supreme Court that correctly applies the US Supreme Court’s reasoning in Obergefell v. Hodges to hold that the marital presumption applies to same-sex couples just as it applies to opposite-sex couples. Grossman provides a brief legal history of same-sex marriage and the attendant obligations and benefits and praises the Arizona court for its clear and well reasoned opinion.
SMU Dedman School of Law professor Joanna Grossman comments on a recent decision in which the US Court of Appeals for the Eleventh Circuit recognized that discrimination because of an employee’s breastfeeding constitutes illegal pregnancy discrimination. Grossman explains the facts leading up to the case and explains why the court found that the employer, the Tuscaloosa Police Department, had violated the employee’s rights under the Pregnancy Discrimination Act of 1978 and the Family and Medical Leave Act.
Joanna L. Grossman, SMU Dedman School of Law professor, and Lawrence M. Friedman, a Stanford Law professor, comment on the decreased privacy of the modern world, as recently illustrated by the very public identification of some of the alt-right demonstrators in Charlottesville, Virginia, from photos and videos of the rally. Grossman and Friedman point out that technology is making anonymity a thing of the past and that only affirmative legislative changes, such as recognition of a “right to be forgotten,” can alter that course.
SMU Dedman School of Law professor Joanna L. Grossman and Chicago-Kent College of Law professor Anthony Michael Kreis comment on a brief recently filed by the U.S. Department of Justice arguing that Title VII of the Civil Rights Act of 1964 does not protect against sexual orientation discrimination. Grossman and Kreis point out the flaws in the DOJ’s arguments and explain the dangerous consequences its position will have if it prevails.
SMU Dedman School of Law professor Joanna L. Grossman comments on a recent decision by the Idaho Supreme Court taking a narrow view of the parental rights of lesbian co-parents. Grossman explains the background of that case and the patchwork of laws state courts across the United States use to reach inconsistent, and often unpredictable, results with respect to the parental rights of unmarried same-sex partners.
SMU Dedman School of Law professors Joanna L. Grossman and Dale Carpenter comment on a recent decision by the Texas Supreme Court in which it refuses to give effect to the U.S. Supreme Court’s ruling in Obergefell v. Hodges, which recognized a constitutional right of same-sex couples to marry. Grossman and Carpenter explain why the Texas court’s decision was clearly wrong and why factors other than merits might have (though they should not have) affected the ruling in that case.
SMU Dedman School of Law professor Joanna L. Grossman comments on the U.S. Supreme Court’s recent summary reversal of the Arkansas Supreme Court’s ruling that upheld that state’s attempt to avoid the marriage equality decision in Obergefell v. Hodges. Grossman describes the ways in which some states, such as Arkansas in this case, have tried to avoid, subvert, or limit Obergefell’s holding, and she discusses the Supreme Court’s simple yet clear response, as well as the significance of Justice Gorsuch’s dissent from the per curiam opinion.
SMU Dedman School of Law professor Joanna L. Grossman comments on the U.S. Supreme Court’s recent decision in Sessions v. Morales-Santana, in which the Court held unconstitutional a federal law imposing different physical presence requirements on mothers as compared to fathers. Grossman argues that the law at issue epitomized sex discrimination and was rooted in archaic generalizations about parents based on gender.
SMU Dedman School of Law professor Joanna L. Grossman describes a case in which the Louisiana Supreme Court voided a prenuptial agreement for its failure to abide by strict formalities required in that state. Grossman discusses the history of prenuptial and postnuptial agreements and uses this case and one from New York to illustrate the importance of paying attention to the details when forming these documents.
SMU Dedman School of Law professor Joanna Grossman comments on a recent decision by the U.S. Court of Appeals for the Ninth Circuit perpetuating pay disparities between men and women by allowing an employer to rely on prior salary in determining pay. Grossman explains why the use of salary history undermines the purpose of the Equal Pay Act of 1963 and argues that laws prohibiting use of salary history, like Massachusetts has, require an employer to think about how much the work is worth rather than how much the person is worth.
SMU Dedman School of Law professor Joanna Grossman comments on a recent decision by the U.S. Court of Appeals for the Seventh Circuit, sitting en banc, in which it unequivocally held that Title VII prohibits LGBT discrimination. Grossman describes the history leading up to this momentous decision and applauds the court for getting it right.
SMU Dedman School of Law professor Joanna L. Grossman comments on a recent decision by the Alaska Supreme Court holding that alienation of affections is not a cognizable claim in that state. Grossman explains the history of so-called heart-balm actions, including alienation of affections, and chronicles their gradual decline over time in most states.
SMU Dedman School of Law professor Joanna Grossman argues that the decision by the Trump Administration to roll back protections for transgender students is mean-spirited and serves no legitimate purpose. Grossman briefly describes the history of the recognition of transgender rights under federal statutes and explains why protections for transgender students make far greater legal sense than denying those protections.
SMU Dedman School of Law professor Joanna L. Grossman discusses the grave risks to women’s health under the Trump Administration, both within the United States and worldwide. Grossman explains the unprecedented breadth of President Trump’s executive order reinstating what is known as the “global gag rule” and vastly expanding its scope.
SMU Dedman School of Law professor Joanna Grossman explains how taxpayers end up paying for legislators to pass clearly unconstitutional laws and for the state to defend those laws in court. Specifically, Grossman discusses Texas laws attempting to restrict access to abortion and attempting to mandate the burial or cremation of fetal remains, both of which have been struck down as unconstitutional.
SMU Dedman School of Law professor Joanna L. Grossman and Stanford Law professor Lawrence M. Friedman consider whether a sexual tie should continue to be a component of the institution of marriage. Grossman and Friedman describe the history of marriage and provide two examples where two people who cannot marry each other arguably still deserve some sort of legal protection for their relationships.
SMU Dedman School of Law professor Joanna L. Grossman comments on a recent decision by the Virginia Supreme Court holding that the recipient of an engagement ring must return it after the engagement was called off. Grossman explains the legal background of engagement rings and other gifts and provides some sage wisdom to couples wishing to become engaged and eventually to marry.
SMU Dedman School of Law professor Joanna L. Grossman comments on a case in which an Indiana man unsuccessfully sought to disavow paternity of a child born to his wife. Grossman provides a brief explanation of the history of paternity laws and their growing as American families become more diverse.