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The Promise of Lutie A. Lytle: An Introduction to the Tenth Annual Commemorative Lutie A. Lytle Black Women Law Faculty Workshop Iowa Law Review Issue
Get PDFIt is with great pleasure and pride that I offer this introduction and welcome to this special Iowa Law Review issue in celebration of the Tenth Annual Commemorative Lutie A. Lytle Black Women Law Faculty Workshop. Named after Lutie A. Lytle, an African American woman who became the first female law professor in the nation (and, likely, in the world) in 1897, the Workshop has afforded diverse law faculty an unparalleled opportunity to prepare for the job market; to develop teaching and leadership skills; to hone scholarly agendas; and to workshop articles, book proposals, and ideas-inprogress since its founding at the University of Iowa College of Law in July 2007. The Workshop grew, in part, out of conversations (real and virtual) that I had with other African American black women faculty about the disturbing trend that a couple of Association of American Law Schools ( AALS ) studies revealed about the experiences of faculty of color in legal academia. In particular, those AALS studies exposed a widening tenure gap between majority and minority law professors as compared to the nearly closed gender gap between male and female professors in the legal academy.2 The data also revealed a decline in the percentages of law faculty of color hired from two cohorts in the early 1990s to later cohorts by the end of that decade.3 Viewed together and in conjunction with anecdotal evidence about the tenure challenges of women faculty of color at law schools across the nation, these studies seemed to suggest that women of color were in an especially precarious position when it came to promotion and tenure
End (Finally) the BOLI and COLI Tax Subsidy
No full textUnder current law, bank-owned life insurance (BOLI) and other corporate-owned life insurance (COLI) provide a tax-advantaged means of accumulating assets to fund employee and executive benefit programs, provide insurance against the loss of a pivotal employee (“key person” insurance), or fund buy-sell agreements that are sometimes used to resolve succession issues at closely held companies. In a typical arrangement, an employer pays the premiums and receives the proceeds from the policy. BOLI and COLI products combine insurance with investment and generate tax benefits in two ways. First, taxation of gains accruing between investment and payout is deferred. Second, if payouts take the form of death benefits, gains may be excluded from income entirel
Will Focusing on Men\u27s Moral Calculus Make Abortion Less about Gender?
Get PDFDecades ago, feminist leader Gloria Steinem quipped that, “if men could get pregnant, abortion would be a sacrament.” As President Trump reinstates restrictions on women’s reproductive rights that the Obama Administration lifted (such as the “global gag rule”), the visual imagery of Trump signing executive orders while surrounded by an audience of white men raises – once again – the question of how gender shapes the abortion issue. In the recent unsuccessful Republican effort to repeal “Obamacare,” when Kansas Senator Pat Roberts was asked whether he supported removing the mandate that insurance companies cover “essential health benefits” such as maternity care, he joked, “I certainly don’t want my mammogram benefits taken away.” Senator Roberts subsequently tweeted an apology, after swift criticism by some Democratic Congresswomen, one of whom quipped that she wouldn’t want to lose her screenings for prostate cancer and another mentioned not only the number of women who die from breast cancer each year. That he could make such a “joke” seemed to suggest that women’s distinctive health needs related to their reproductive capacity were something men simply did not “get.” The male body is still the normal and normative one (as in anatomy classes and medical texts of old), with the female body having those messy, mysterious, and problematic “extras.
\u3cem\u3eFidelity to our Imperfect Constitution\u3c/em\u3e: A Response to Five Views
Get PDFIn my recent book, Fidelity to Our Imperfect Constitution, I put forward a sustained critique of originalism in all its forms and defend what Ronald Dworkin called a moral reading of the U. S. Constitution and what Sotirios A. Barber and I have called a philosophic approach to constitutional interpretation. In this essay for the UNAM symposium on the book, I reply to five thoughtful commentaries. First, as against Barber\u27s commentary, I justify responding to the persistent resurgence of originalism and attempting to save the new originalists from themselves by showing the extent to which many of them acknowledge the need to make moral judgments in constitutional interpretation. Second, in appreciation of Imer Flores\u27s commentary, I draw a distinction between being a systematic moral reader and acknowledging the need to make normative judgments in constitutional interpretation. Third, I resist Ken Kersch\u27s interpretation and criticism of my project as calling the fight for aspirationalism over historicism -I mean instead to argue for the superiority of moral readings (which combine what he calls aspirationalism or justification and historicism or fit) over originalisms. Fourth, I embrace Linda McClain\u27s careful analysis of originalisms versus moral readings in Obergefell v. Hodges (2015), protecting the fundamental right to marryfor same-sex couples, as confirming my argument that inclusive originalism includes practically everything that a moral reader would be likely to argue for. Finally, in response to Lawrence Sager, I bring out the affinities between his well-known justice-seeking constitutional theory and my own moral reading, and I argue that both theories reflect conceptions of fidelity as honoring our aspirational principles, not simply following our historical practices in the manner of conventional originalisms
POV: SCOTUS Should Not Permit “Boycott of Same-Sex Marriage”
Get PDFOn December 5, 2017, the Supreme Court heard oral argument in Masterpiece Cakeshop v. Colorado Civil Rights Commission, in which baker (self-described cake artist) Jack Phillips, owner of Masterpiece Cakeshop, asked the court to decide “whether applying Colorado’s public accommodations law to compel artists to create expression that violates their sincerely held religious beliefs about marriage violates the Free Speech or Free Exercise Clauses of the First Amendment.
When Religion Pollutes: How Should Law Respond When Religious Practice Threatens Public Health?
No full textWhile the law can create conflict between religion and health, it can also facilitate religious accommodation and protection of conscience. Finding this balance is critical to addressing the most pressing questions at the intersection of law, religion, and health in the United States: should physicians be required to disclose their religious beliefs to patients? How should we think about institutional conscience in the health care setting? How should health care providers deal with families with religious objections to withdrawing treatment? In this timely book, experts from a variety of perspectives and disciplines offer insight on these and other pressing questions, describing what the public discourse gets right and wrong, how policymakers might respond, and what potential conflicts may arise in the future. It should be read by academics, policymakers, and anyone else - patient or physician, secular or devout - interested in how US law interacts with health care and religion
The Contract Clause: A Constitutional History by James W. Ely (review)
Get PDFIf the Constitution were a zoo, what resident animal would the Contract Clause be? The clause, which is found in Article I, section 10 of our founding document, reads: “No state shall . . . pass any . . . Law impairing the Obligation of Contracts.” It certainly would not be one of the zoo’s star attractions; the Contract Clause is no First Amendment lion or Fourth Amendment tiger. But it is no bat-eared fox (the Letters of Marque Clause?) or Eurasian water shrew (the Third Amendment?) either. Based on reading Ely’s comprehensive history of the Contract Clause, perhaps it would be an animal that used to be a big draw but is now one that visitors might check out at the zoo if they had the time but not necessarily a priority. A tapir or some kind of rare goat
Data Collection and the Regulatory State
Get PDFThe following remarks were given on January 27, 2017 during the Connecticut Law Review’s symposium, “Privacy, Security & Power: The State of Digital Surveillance.” Hillary Greene, the Zephaniah Swift Professor of Law at the University of Connecticut School of Law, offered introductory remarks and moderated the panel. The panel included Dr. Cooper, Associate Professor of Law and Director of the Program on Economics & Privacy at Antonin Scalia Law School at George Mason University, Professor Ghappour, Visiting Assistant Professor at UC Hastings College of the Law, Attorney Lieber, Senior Privacy Policy Counsel at Google, and Dr. Wu, Professor of Law and Faculty Director of the Cardozo Data Law Initiative at Benjamin N. Cardozo School of Law
Federal Courts: The Current Questions
No full textThis book identifies and explores the major problems now under discussion in law school courses typically denominated “Federal Courts” or “Federal Jurisdiction.” It anticipates the questions that law faculty are likely to raise in class and gives students a head start in building satisfying responses. This book also functions as an update of Professor Yackle’s previous book, entitled Federal Courts.https://scholarship.law.bu.edu/books/1020/thumbnail.jp
AI and Jobs: The Role of Demand
Get PDFIn manufacturing, technology has sharply reduced jobs in recent decades. But before that, for over a century, employment grew, even in industries experiencing rapid technological change. What changed? Demand was highly elastic at first and then became inelastic. The effect of artificial intelligence (AI) on jobs will similarly depend critically on the nature of demand. This paper presents a simple model of demand that accurately predicts the rise and fall of employment in the textile, steel, and automotive industries. This model provides a useful framework for exploring how AI is likely to affect jobs over the next 10 or 20 years