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Joanna L. Grossman
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Professor of Law & Associate Dean for Faculty Development
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B.A., Amherst College
J.D., Stanford University |
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Publications
ARTICLES:Resurrecting Comity: Revisiting the Problem of Non-Uniform Marriage Laws, Oregon Law Review (forthcoming 2005)
Fear and Loathing in Massachusetts: Same-Sex Marriage and Some Lessons from the History of Marriage and Divorce, 14 Boston University Public Interest Law Journal 87 (2004)
Job Security Without Equality: The Family and Medical Leave Act of 1993, 15 Wash. U. J. L. & Pol'y 17 (2004)
Feminist Law Journals and the Rankings Conundrum, 12 Columbia J. Gender & Law 522 (2003)
The Culture of Compliance: The Final Triumph of Form over Substance in Sexual Harassment Law, 26 Harvard Women's Law Journal 1 (2003)
Making a Federal Case Out of It: Section 1981 and At-Will Employment, 67 Brook. L. Rev. 329 (2001)
Separated Spouses, 53 Stan. L. Rev. 1613 (2001) (review essay)
The First Bite is Free: Employer Liability for Sexual Harassment, 61 U. Pitt. L. Rev. 671 (2000)
Adoption in the Progressive Era: Preserving, Creating, and Re-Creating Families, 43 Am. J. Leg. Hist. 235 (1999) (with Chris Guthrie)
The Road Less Taken: Annulment at the Turn of the Century, 40 Am. J. Leg. Hist. 307 (1996) (with Chris Guthrie)
Guardianship: A Research Note, 40 Am. J. Leg. Hist. 146 (1996) (with Lawrence M. Friedman and Chris Guthrie)
Women's Jury Service: Right of Citizenship or Privilege of Difference?, 46 Stan. L. Rev. 1115 (1994) (Note)
ENCYCLOPEDIA ENTRIES AND SHORT PIECES:
The Supreme Court's 2003 Employment Rulings: Surprising Gains for Workers and Women, 6 Regional Labor Review 22 (Fall 2003)
A Partial Legal Victory Against Continuing Discrimination: The New Supreme Court Ruling in Amtrak v. Morgan, 5 Regional Labor Review (Fall 2002)
ERPL: Looking Beyond the Loss Ratio, Rough Notes 77 (Nov. 2002) (interview)
Women's Labor Rights Rulings in 2001: A Mixed Bag, 4 Regional Labor Review 34 (Spring/Summer 2002)
"Probate and Succession Law," in Legal Systems Of The World (2002)
"Harassment," in The Oxford Companion to American Law (2002)
"Sexual Harassment," in The Oxford Companion to American Law (2002)
COMMENTARY
The following pieces have been published in FindLaw's Writ, where indicated, reprinted elsewhere:
When a Supervisor Bullies Only Women, Can the Conduct Count as Illegal Sex-Based Harassment? (Sept. 20, 2005)
The California Supreme Court Considers Three Broken-Up Lesbian Partnerships, And Finds, In Each, That A Child Can Have Two Mothers (Sept. 5, 2005)
Is a "Domestic Partnership" the Same as a "Marriage"? (Aug. 9, 2005)
When Can Consensual Sex Create a Hostile Workplace Environment? (July 28, 2005)
What Might Two Supreme Court Vacancies Mean for Reproductive Rights? (July 12, 2005)
Is Staying Home with Children "Shirking Work" For Child Support Purposes? (June 14, 2005)
Is a Domestic Partnership the Same as a Marriage? (June 9, 2005)
The One-Year Anniversary of Same-Sex Marriage in the United States (May 17, 2005)
The Supreme Court's New Age Discrimination Ruling (April 19, 2005)
Discrimination and Retaliation (with Deborah Brake) (April 5, 2005)
When Parentage Turns on Anatomical Sex (March 8, 2005)
Will Non-Resident Couples Be Able to Marry in Massachusetts? (March 1, 2005)
A Manhattan Judge Validates Gay Marriage (February 8, 2005)
The Virginia Supreme Court Strikes Down the State's Fornication Law (January 25, 2005)
Why the U.S. Supreme Court Should Have Chosen to Review a Florida Gay Adoption Case (January 12, 2005)
Can a Parent Be Guilty of Neglect Simply Because She Is Victimized in the Presence of Her Children? (December 28, 2004)
The Canadian Supreme Court's Same-Sex Marriage Decision (December 14, 2004)
Does Title IX Prohibit Retaliation Against Coaches Who Point Out Violations? (November 30, 2004)
Accidental Age Discrimination? The Supreme Court Considers the Vitality of "Disparate Impact" Theory (Nov. 16, 2004)
Will New York Finally Adopt No-Fault Divorce? Recent Proposals to Amend the State's Archaic Divorce Law? (Oct. 20, 2004)
Is Britney Spears Legally Married? (Sept. 27, 2004)
California's Grandparent Visitation Statute: Why the State Supreme Court Upheld It (Sept. 3, 2004)
When a Man Dies, Can Children Subsequently Conceived with His Sperm Collect Survivors' Benefits? (Aug. 10, 2004)
The Proposed Marriage Protection Act: Why it May Be Unconstitutional (July 27, 2004)
As the Federal Marriage Amendment Fails in the Senate, Recent and Older Examples in Legal History Provide Insight (July 15, 2004)
The Supreme Court's Ruling on Employer Liability for Sexual Harassment That Results in "Constructive Discharge": Why It's a Disappointment (June 22, 2004)
The End of Ladies' Night in New Jersey (June 15, 2004)
Same-Sex Couples Prepare to Marry in Massachusetts, But the Governor Invokes An Archaic Marriage Evasion Act To Stop Out-of-Staters From Taking Vows (May 18, 2004) (cnn.com)
Are "Friends" Writers "Required" To Engage in Sexual Banter, Even If the Effect Is Harassing? A Ruling in a California Court Allows the Argument to Be Made (May 4, 2004) (cnn.com)
A New York Court Authorizes A Lesbian Couple's Joint Adoption of A Child: Part of a Growing Same-Sex Adoption Trend (April 19, 2004)
U.S. News & World Report's 2005 Law School Rankings: Why They May Not Be Trustworthy, and How the Alternative Ranking Systems Compare (April 6, 2004)
How Should Harassment Victims' Claims of "Constructive Discharge" Be Treated? A Question the Supreme Court Soon Will Confront (March 23, 2004)
The California Supreme Court's Recent Holding: A "Presumed" Father Has Greater Rights Than a Biological One (March 9, 2004)
San Francisco Takes Center Stage by Permitting Gay Couples to Marry (February 24, 2004)
How Same-Sex Marriage Became Legal in Massachusetts (February 6, 2004) (cnn.com)
Is There a Constitutional Right to Promote the Use of Sex Toys?, January 7; The New Jersey Domestic Partnership Law (January 13, 2004)
Punishing Adultery in Virginia: A Cheating Husband's Guilty Plea is a Reminder of the Continued Relevance of Adultery Statutes (Dec. 16, 2003)
Sexual Harassment: The California Supreme Court Holds that Damages Cannot Include "Avoidable Consequences" of a Victim's Failure to Properly Complain (Dec. 02, 2003)
Are Bans on Same-Sex Marriage Constitutional? (Nov. 20, 2003) (cnn.com)
Who Should Be Liable for Sudden, Severe Sexual Harassment? (Nov. 4, 2003)
Can a School Retaliate Against a Coach Who Complains about its Unfair Treatment of Female Athletes (Oct. 21, 2003) (cnn.com)
Why the Family and Medical Leave Act of 1993: The Tenth Anniversary Should Prompt a Rethinking (Oct. 7, 2003)
Do Italian-Americans Jurors Have a Right Not to Be Excluded Based on Their Ethnicity? (Sept. 2, 2003)
Teaching the Rich to Stay Rich: A Review of Preparing Heirs (Sept. 5, 2003)
Whose Surname Should a Child Have? (Aug. 12, 2003)
Saving Title IX (July 15, 2003)
The Consequences of Lawrence v. Texas (July 8, 2003) (posted on cnn.com and reprinted in the Gay & Lesbian Review)
A Recent Supreme Court Decision Makes it Easier for Plaintiffs to Proceed When Discrimination is One Motive, but not the Only One (June 17, 2003)
A Victory for Families, but Hardly a Panacea: The Supreme Court Holds that the Family and Medical Leave Act Applies to States (June 3, 2003)
Vermont Civil Unions: Will Sister States Recognize Them? (May 20, 2003)
A New Lawsuit by a Female Athlete Tests Title IX's Protection Against Pregnancy Discrimination (May 6, 2003)
When an Employee is Not Formally Fired, but Effectively Forced to Leave, Is Her Employer Automatically Liable for Sexual Harassment? (April 22, 2003)
What Should Happen When Sexual Harassment Victims Don't File Prompt Complaints? (April 8, 2003)
The Women of Harvard Law's Class of '64 (book review) (Mar. 28, 2003)
Does Discrimination Against Gay Men and Lesbians Count as Sex Discrimination? (with Brian Lehman) (Mar. 25, 2003)
The Future of Title IX (Mar. 11, 2003)
Should a Surviving "Spouse" in a Same-Sex Couple be Permitted to Sue for Wrongful Death? (Feb. 25, 2003)
Is the Tort of Wrongful Seduction Still Viable? (Feb. 11, 2002) (reprinted in North Carolina State Bar Journal 16 (Summer 2003))
If Employers Don't Provide Insurance Coverage for Infertility, Are They Guilty of Sex Discrimination? (Jan. 28, 2003)
Are Law Firm Partners "Employers" For Purposes of Discrimination Law? A Federal Court of Appeals Suggests They May Not Be (Dec. 17, 2002)
Must States Follow a Federal Statute Mandating Unpaid Leave for Employees Who Care for Sick Family Members and Newborns? The Supreme Court Will Soon Decide (Dec. 3, 2002)
What Defines 'Business Necessity' In the Discrimination Context? Appellate Case Grapples With How Fast Transit Police Officers Must Run (Nov. 19, 2002)
Should Employers be Held Responsible for Sexual Harassment of Employees by Customers if They Were Aware of It? A California Court Says No, But Gets it Wrong (Nov. 5, 2002)
Are At-Will Employees Protected Against Race Discrimination Under Section 1981, A Federal Anti-Discrimination Law? A Growing Majority of Courts Say Yes (Oct. 22, 2002) (cnn.com)
Can A Gay Man Targeted by Co-Workers Sue for Sexual Harassment? A Recent Federal Appeals Decision Says Yes (Oct. 8, 2002)
Should Employers be Automatically Liable When Supervisors Coerce Sexual Favors From Subordinates? The Second Circuit Says Yes and It's Right (Aug. 13, 2002)
The Dark Side of Annulment: How a Divorce Alternative Became the Center of a Landmark Trial Early in our History (Aug. 5, 2002)
A Recent Supreme Court Decision Gives a Boost to Sexual Harassment Victims, But Not to Other Victims of Discrimination (July 2, 2002)
On the Thirtieth Anniversary of Title IX, We Need to Preserve, Not Reverse, Its Guarantee of Equity for Women in College Athletics (June 18, 2002)
The Bush Administration's Push for Single-Sex Education: An Attempt to Erode Federal Gender Equality Guarantees (June 11, 2002)
An Issue Ripe for Supreme Court Review: A Decision Upholding Michigan Law School's Race-Based admission Plan Creates an Even Circuit Split (May 20, 2002) (cnn.com)
Sexual Harassment in the Workplace: Do Employers' Efforts Truly Prevent Harassment, Or Just Prevent Liability? (May 7, 2002)
Can a Woman Sue for Sex Discrimination if She is Fired Because Her Boss' Wife is Jealous? (Apr. 23, 2002)
Should the Law be Kinder to "Kissin' Cousins'"? (Apr. 8, 2002) (cnn.com)
In a Decision Rejecting a Transsexual's Marital Union, Kansas Embraces Traditional Marriage - Or Does It? (Mar. 26, 2002)
Can the Fifty States' Grandparent Visitation Statutes Survive in the Wake of the Supreme Court's Decision of Troxel v. Granville? (Mar. 12, 2002)
Two New, but Opposing, Developments For Gay and Lesbian Parents (Feb. 12, 2002)
The Supreme Court Considers the Continuing Violations Doctrine, in a Decision Sure to Affect Many Parties to Harassment Cases (Jan. 29, 2002)
Fault-Based Divorce is Alive and Well in New York (Jan. 15, 2002)
The Virtues of Virtual Parenting (Dec. 18, 2001)
A California Court Takes a Stand Against Sexual Harassment (Dec. 4, 2001)
Do Prisoners Have a Right to Procreate Via FedEx? (Nov. 20, 2001)
A Twist on the Problem of Sex Inequality in Coaching (Nov. 6, 2001)
Who Gets the Engagement Ring When the Wedding is Called Off? (Oct. 23, 2001)
The Adoptability of Abandoned Babies: A Recent New York Case Interprets the State's "Baby Moses" Law (Oct. 9, 2001)
The Problem with Playing the Blame Game with Respect to the September 11 Tragedy (Sept. 25, 2001)
Another Inroad Into At-Will Employment: Connecticut's Ruling That an At-Will Employee's Discharge Due To Pregnancy Is Wrongful (Sept. 11, 2001)
Same-Sex Harassment After the Supreme Court's Decision In Oncale: A Recent Texas Case Illustrates the Issues (Aug. 28, 2001)
The Cost of Hitting Your Wife With a Barbell: Fault and the Division of Marital Property (Aug. 14, 2001)
Transsexuals, Dress Codes, and the Law: A New Jersey Court Decision Embraces a Broad Concept of Sex Discrimination (July 17, 2001)
The 2000-2001 Supreme Court Term on Women's Rights: A Mixed Bag of Split Decisions (July 3, 2001) (cnn.com)
A Victory for Motherhood and for Sexism: The Supreme Court's Decision in Nguyen v. INS (June 18, 2001) (cnn.com & usatoday.com)
Whom Can Transsexuals Marry? And From Whom Can They Inherit? (June 5, 2001)
The New ABA Report on Women and Law: Why the Solutions the Report Proposes May Not Work in the Real World (May 22, 2001)
The Supreme Court's Recent Disparate Impact Case and Its Implications for Gender Equity (May 8, 2001)
Dissolving Unhappy Vermont Civil Unions: It's Harder Than It Looks (April 24, 2001)
"Equal Opportunity" Harassers: Does a Sex Harasser Who Targets Both Men and Women Violate Federal Anti-Discrimination Law? (April 10, 2001)
Why the Family and Medical Leave Act Should Be Expanded to Include a Duty to Notify and Other Protections (March 27, 2001)
What Remedy Is Proper for Sexual Harassment? (March 13, 2001)
Sexual Harassment in the Classroom: The Student Suing Her Professor for Calling Her Monica Lewinsky (Feb. 13, 2001) (cnn.com)
Adopting Adults: An Estate Planning Device for Gay Partners (Jan. 16, 2001)
Insurance Coverage for Birth Control: The EEOC Speaks (Jan. 2, 2001)
Pregnancy and Partnership. (Dec. 19, 2000)
Beauty and the Billionaire - Part I (Nov. 21, 2000)
Beauty and the Billionaire - Part II (Dec. 5, 2000) (cnn.com)
Sexual Harassment in Law Firms (Nov. 10, 2000.)
What's in a Name? Part I (Oct.16, 2000)
What's in a Name? Part II (Oct.17, 2000)
Who Wants an Annulment? (July 11, 2000) (cnn.com)