Deborah L. Rhode

the injustice of appearance in life and law

Beauty's bias

Katharine T. Bartlett

Theory, Doctrine, and Commentary

Gender and Law

Joanna L. Grossman

Deborah L. Brake

Gender and Law: Theory, Doctrine, Commentary, Eighth Edition is organized around theoretical frameworks, showing different conceptualizations of equality and justice and their impact on concrete legal problems. The text provides complete, up-to-date coverage of conventional “women and the law” issues, including employment law and affirmative action, reproductive rights, LGBTQ issues, domestic violence, rape, pornography, international women’s rights, and global trafficking. Showing the complex ways in which gender permeates the law, the text also explores the gender aspects of subject matters less commonly associated with gender, such as property, ethics, contracts, sports, and civil procedure. Throughout, the materials allow an emphasis on alternative approaches and how these approaches make a difference. Excerpted legal cases, statutes, and law review articles form an ongoing dialogue within the book to stimulate thought and discussion and almost 250 provocative “putting theory into practice” problems challenge students to think deeply about current gender law issues. New to the Eighth Edition: The book now begins with an introductory chapter that previews the five major theoretical frameworks that shape the book: Formal Equality, Substantive Equality, Difference, Non-subordination, and Autonomy. It also introduces three critical perspectives that interrelate and enrich the study of gender—queer theory, intersectionality analysis, and masculinity theory. By introducing these critiques and adjacent theories from the outset, later chapters can integrate and build on these interrelations in specific areas of coverage. Putting Theory into Practice problems that pose cutting-edge, current issues are included throughout each chapter. Updated and more sustained attention to gender identity and non-binary identities throughout the book. Materials raising questions and critique about the intersection of race and gender are covered in greater depth. Materials and questions about masculinity as an aspect of gender are now integrated throughout the book instead of being covered discretely in a single chapter. Expanded coverage of the ERA and the renewed efforts to secure ratification. Materials on gender equity in the legal profession have been updated and new coverage has been added on women in leadership, including women in politics. The materials on public accommodations discrimination now include Masterpiece Cakeshop v. Colorado Civil Rights Comm’n as a principal case. An extensively revised and comprehensive teacher’s manual includes references to additional materials and updated suggestions of audio and video clips from films, documentaries, news programs, and television and radio series for the book’s main substantive topics.

Theory, Doctrine, Commentary

"It hurts to be beautiful" has been a cliche for centuries. What has been far less appreciated is how much it hurts not to be beautiful. The Beauty Bias explores our cultural preoccupation with attractiveness, the costs it imposes, and the responses it demands. Beauty may be only skin deep, but the damages associated with its absence go much deeper. Unattractive individuals are less likely to be hired and promoted, and are assumed less likely to have desirable traits, such as goodness, kindness, and honesty. Three quarters of women consider appearance important to their self image and over a third rank it as the most important factor. Although appearance can be a significant source of pleasure, its price can also be excessive, not only in time and money, but also in physical and psychological health. Our annual global investment in appearance totals close to $200 billion. Many individuals experience stigma, discrimination, and related difficulties, such as eating disorders, depression, and risky dieting and cosmetic procedures. Women bear a vastly disproportionate share of these costs, in part because they face standards more exacting than those for men, and pay greater penalties for falling short. The Beauty Bias explores the social, biological, market, and media forces that have contributed to appearance-related problems, as well as feminism's difficulties in confronting them. The book also reviews why it matters. Appearance-related bias infringes fundamental rights, compromises merit principles, reinforces debilitating stereotypes, and compounds the disadvantages of race, class, and gender. Yet only one state and a half dozen localities explicitly prohibit such discrimination. The Beauty Bias provides the first systematic survey of how appearance laws work in practice, and a compelling argument for extending their reach. The book offers case histories of invidious discrimination and a plausible legal and political strategy for addressing them. Our prejudices run deep, but we can do far more to promote realistic and healthy images of attractiveness, and to reduce the price of their pursuit.

The Injustice of Appearance in Life and Law

The Beauty Bias

This book offers the first broad-scale study of the factors that influence American lawyers' pro bono work, including an original empirical survey of over 3,000 lawyers and a comparative analysis of public service by other professionals and by lawyers in other countries.

Public Service and the Professions

Pro Bono in Principle and in Practice

Frank Rudy Cooper

The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Gender and Law: Theory, Doctrine, Commentary, Ninth Edition is organized around theoretical frameworks, showing different conceptualizations of equality and justice and their impact on concrete legal problems. The text provides complete, up-to-date coverage of conventional “women and the law” issues, including employment law and affirmative action, reproductive rights, LGBTQ issues, domestic violence, rape, pornography, international women’s rights, and global trafficking. Showing the complex ways in which gender permeates the law, the text also explores the gender aspects of subject matters less commonly associated with gender, such as property, ethics, contracts, sports, and civil procedure. Throughout, the materials allow an emphasis on alternative approaches and how these approaches make a difference. Excerpted legal cases, statutes, and law review articles form an ongoing dialogue within the book to stimulate thought and discussion, and almost 250 provocative “putting theory into practice” problems challenge students to think deeply about current gender law issues. Highlights of the 9th Edition: This edition is both faithful to its original design—teaching through theoretical frameworks rather than by subject area—and cutting edge. The authors have spared no detail in covering the latest developments in this fast-changing field of study while tying them together into a cohesive whole. Dobbs v. Jackson Women’s Health Organization, a restructuring of the materials on reproductive rights, and greater attention to the reproductive justice movement and the intersectional issues raised by every issue involving reproductive health. Updated and more sustained attention to gender identity and nonbinary identities, including Bostock v. Clayton County, new material on transgender athlete bans, and a new section on sex-segregation and sex-differentiation within coed spaces (including Peltier v. Charter Day School, Inc. on sex-specific dress codes). Materials raising questions and critique about the intersection of race and gender, including historical materials that highlight the relationship between women’s suffrage advocates and abolitionists and excerpts from newer scholars. Coverage of the impact of the Covid-19 crisis and its exacerbation of gender issues at work and in the home. Updated equal pay materials, revised to highlight new developments in Equal Pay Act litigation, including Rizo v. Yovino on the use of prior salary as a “factor other than sex.” Revised materials on the criminal law of rape that include material from the proposed amendment to the Model Penal Code as well as coverage of the racial stereotypes sometimes reflected in the wrongful accusation and conviction of Black men. Professors and students will benefit from: Dozens of new Putting Theory into Practice problems An updated teacher’s manual with audio and video clips from films, documentaries, news programs, and television and radio series on the book’s main substantive topics. For new teachers, the teacher’s manual is an essential resource; for more experienced teachers, the book is structured in a way that gives them lots of options for how and what to cover in the course depending on the number of credit hours and the professor’s own sense of what should be taught

Theory, Doctrine, Commentary [Connected eBook]

Americans claim to care about character. Over four fifths want it taught in public schools, and 95 percent think that a president's character is important. And historically, philosophers, educators, politicians, religious leaders, judges, and the general public have agreed that character should be valued and reinforced. Yet in the United States, the institutions charged with that mission have consistently fallen short. Simply put, too little effort has been made to understand the importance of character and the strategies that can best develop and support it. After first exploring the history of the concept over time, Deborah Rhode turns her focus to the institutions that have traditionally fostered good character: families, schools, youth organizations, civic groups, and political organizations. However, as we have increasingly de-emphasized the subject-a trend that is most evident in our politics-our awareness of its shaping influence has waned. Indeed, we often focus on the wrong things when it comes to fostering good character. For instance, almost a third of the workforce is covered by licensing laws requiring good moral character, even occupations where the need for screening is not self-evident: florist, fortune teller, and frog farmers. Character also plays a pivotal role in the criminal justice system, in defining guilt, punishment, and eligibility for parole. All too often, these legal requirements are idiosyncratic, inequitable, and subject to race and class bias. Millions of Americans who have convictions for minor offenses are excluded from a vast range of occupations and benefits without evidence that such exclusion serves the public interest. We can do better, she stresses, and outlines a powerful program for reform. Rhode punctuates the book through a series of portraits of exemplary individuals whose good character made them who they were: Ida B. Wells, Jane Addams, Martin Luther King, Mother Teresa, Nelson Mandela, Albert Schweitzer, and Thurgood Marshall. All of these individuals had flaws, but through their commitments to both social justice and helping the less fortunate, they all demonstrate the power and importance of strong character.

What it Means and Why it Matters

Character

American women fare worse than men on virtually every major dimension of social status, financial well-being, and physical safety. Sexual violence remains common, and reproductive rights are by no means secure. Women assume disproportionate burdens in the home and pay a heavy price in the workplace. Yet these issues are not political priorities. Nor is there a consensus that there still is a serious problem. In What Women Want, Deborah L. Rhode, one of the nation's leading scholars on women and law, brings to the discussion a broad array of interdisciplinary research as well as interviews with heads of leading women's organizations. Is the women's movement stalled? What are the major obstacles it confronts? What are its key priorities and what strategies might advance them? In addressing those questions, the book explores virtually all of the major policy issues confronting women. Topics include employment and appearance discrimination, the gender gap in pay and leadership opportunities, work/family policies, childcare, divorce, same-sex marriage, sexual harassment, domestic violence, rape, trafficking, abortion, poverty, and political representation, all with a particular focus on the capacities and limits of law as a strategy for social change. Why, despite four decades of equal employment legislation, is women's workplace status so far from equal? Why, despite a quarter century's effort at reforming rape law, is America's rate of reported rape the second highest in the developed world? Part of the problem lies in the absence of political mobilization around such issues and the underrepresentation of women in public office. In an age where many women are reluctant to identify as feminists, a broad-ranging, expert look at where American women are today is more necessary than ever. This path-breaking book explores how women can and should act on what they want.

An Agenda for the Women's Movement

What Women Want

Essays cover historical, sociological, psychological and anthropological approaches, ethics and politics, and the policy implications of the real and perceived differences between the sexes

Theoretical Perspectives on Sexual Difference

Cheating is deeply embedded in everyday life. The costs of the most common forms of cheating total close to a trillion dollars annually. Part of the problem is that many individuals fail to see such behavior as a serious problem. "Everyone does it" is a common rationalization, and one that comes uncomfortably close to the truth. That perception is also self-perpetuating. The more that individuals believe that cheating is widespread, the easier it becomes to justify. Yet what is most notable about analysis of the problem is how little there is of it. Whether or not Americans are cheating more, they appear to be worrying about it less. In Cheating, eminent legal scholar Deborah L. Rhode offers the only recent comprehensive account of cheating in everyday life and the strategies necessary to address it. Because cheating is highly situational, Rhode drills down on its most common forms in sports, organizations, taxes, academia, copyright infringement, marriage, and insurance and mortgages. Cheating also reviews strategies necessary to address the pervasiveness and persistence of cheating in these contexts. We clearly need more cultural reinforcement of ethical conduct. Efforts need to begin early, with values education by parents, teachers, and other role models who can display and reinforce moral behaviors. Organizations need to create ethical cultures, in which informal norms, formal policies, and reward structures all promote integrity. People also need more moral triggers that remind them of their own values. Equally important are more effective enforcement structures, including additional resources and stiffer sanctions. Finally, all of us need to take more responsibility for combatting cheating. We need not only to subject our own conduct to more demanding standards, but also to assume a greater obligation to prevent and report misconduct. Sustaining a culture that actively discourages cheating is a collective responsibility, and one in which we all have a substantial stake.

Ethics in Everyday Life

Cheating

Leadership for Lawyers is the first coursebook targeted for leadership courses in law schools. Now in its third edition, this text combines excerpts from leading books and articles, accessible background material, real-world problems and case histories, class exercises, and references to news and entertainment media in areas of core leadership competencies. Author Deborah L. Rhode has edited four well-respected books on leadership, developed one of the first law school courses on leadership, and written widely on the subject in law reviews and mainstream media publications. New to the Third Edition: Increased coverage of diversity and inclusion New discussion of stress, wellness, and time management Coverage of recent ethical scandals and dilemmas Updated problems, exercises, and media clips Professors and students will benefit from: Excerpts from foundational texts, engaging overviews of core concepts, discussion questions, class problems, and exercises that address real-world issues. Links to short segments from movies, documentaries, and news broadcasts for each major topic. Materials on moral leadership and scandals that make for highly engaging discussion on “how the good go bad.” Coverage including key theoretical and empirical issues concerning the nature and qualities of leadership, the role of ethics, gender, racial, ethnic, and other forms of diversity, pro bono and public interest work, and core competencies such as decision making, influence, communication, conflict resolution, innovation, crisis management, stress and time management, and social and organizational change.

Leadership for Lawyers

By any measure, the law as a profession is in serious trouble. Americans' trust in lawyers is at a low, and many members of the profession wish they had chosen a different path. Law schools, with their endlessly rising tuitions, are churning out too many graduates for the jobs available. Yet despite the glut of lawyers, the United States ranks 67th (tied with Uganda) of 97 countries in access to justice and affordability of legal services. The upper echelons of the legal establishment remain heavily white and male. Most problematic of all, the professional organizations that could help remedy these concerns instead jealously protect their prerogatives, stifling necessary innovation and failing to hold practitioners accountable. Deborah Rhode's The Trouble with Lawyers is a comprehensive account of the challenges facing the American bar. She examines how the problems have affected (and originated within) law schools, firms, and governance institutions like bar associations; the impact on the justice system and access to lawyers for the poor; and the profession's underlying difficulties with diversity. She uncovers the structural problems, from the tyranny of law school rankings and billable hours to the lack of accountability and innovation built into legal governance-all of which do a disservice to lawyers, their clients, and the public. The Trouble with Lawyers is a clear call to fix a profession that has gone badly off the rails, and a source of innovative responses.

The Trouble with Lawyers

"Undergraduate text on gender issues within the law"--

Gender Law and Policy

Despite declining prohibitions on sexual relationships, Americans are nearly unanimous in condemning marital infidelity. Deborah Rhode explores why. She exposes the harms that criminalizing adultery inflicts—including civil lawsuits, job termination, and loss of child custody—and makes a case for repealing laws against adultery and polygamy.

Adultery

"Ambition is a dominant force in for human civilization, driving its greatest achievements and most horrific abuses. Our striving has brought art, airplanes, and antibiotics, as well as wars, genocide, and despotism. This mixed record raises obvious concerns about how we can channel ambition in the most productive directions. To that end, the book begins by exploring three central focuses of ambition: recognition, power, and money,. It argues that an excessive preoccupation with these external markers for success can be self defeating for individuals and toxic for society. Discussion then shifts to the obstacles to constructive ambition and the consequences when ambitions are skewed or blocked by inequality and identity-related characteristics such as gender, race, class, and national origin. Attention also centers on the ways that families, schools, and colleges might play a more effective role in developing positive ambition. The book concludes with an exploration of what sorts of ambitions contribute to sustained well being. Contemporary research makes clear that that, even from a purely self -interested perspective, individuals would do well to strive for some goals that transcend the self. Pursuing objectives that have intrinsic value, such as building relationships and contributing to society, generally brings greater fulfilment than chasing extrinsic rewards such as wealth, power, and fame. And society benefits when ambitions for self advancement do not crowd out efforts for the common good. The hope is to prompt readers to reconsider where their ambitions are leading and whether that destination reflects their deepest needs and highest aspirations"

For What?

Ambition

For most of recorded history, men have held nearly all of the most powerful leadership positions. Today, although women occupy an increasing percentage of leadership positions, in America they hold less than a fifth of positions in both the public and private sectors. The United States ranks 78th in the world for women's representation in political office. In politics, although women constitute a majority of the electorate, they account for only 18 percent of Congress, 10 percent of governors, and 12 percent of mayors of the nation's 100 largest cities. In academia, women account for a majority of college graduates, but only about a quarter of full professors and university presidents. In law, women are almost half of law school graduates, but only 17 percent of the equity partners of major firms, and 22 percent of Fortune 500 general counsels. In business, women constitute a third of MBA graduates, but only 5 percent of Fortune 500 CEOs. In Women and Leadership, the eminent legal scholar Deborah L. Rhode focuses on women's underrepresentation in leadership roles and asks why it persists and what we can do about it. Although organizations generally stand to gain from increasing gender equity in leadership, women's underrepresentation is persistent and pervasive. Rhode explores the reasons, including women's family roles, unconscious gender bias, and exclusion from professional development networks. She stresses that we cannot address the problem at the individual level; instead, she argues that we need broad-based strategies that address the deep-seated structural and cultural conditions facing women. She surveys a range of professions-politics, management, law, and academia-and draws from a survey of prominent women to develop solutions that can successfully chip away at the imbalance. These include developing robust women-to-women networks, enacting laws and policies that address work/life imbalances, and training programs that start at an earlier age. Rhode's clear exploration of the leadership gap and her compelling policy prescriptions will make this an essential book for anyone interested in leveling the playing field for women leaders in America.

Women and Leadership

What Women Want is a trenchant examination of the struggle for women's equality, and a prescription for what to focus on next in order to ensure maximum success. Feminism today is a movement that lacks leadership, unity, and definition, and it has gotten stuck in a boom and bust cycle when it comes to public opinion and action. Despite significant progress over the last fifty years, equality is still a distant goal in the political, social, and economic spheres. Only by identifying the barriers (both internal and external) that remain, Deborah Rhode argues, can we begin to identify solutions. A rigorously researched and well-written answer to the glut of gender-related books that have come onto the market recently, What Women Want comprehensively analyzes the challenges the feminist movement faces today. Combining sharp academic analysis and interviews with notable figures such as Sheryl Sandberg, Rhode focuses on five main topics: employment issues such as pay discrimination, work-life balance and the government's pitiful response, the assault on women's reproductive rights and the limits it places on their economic mobility, sexual harassment and violence, and the detrimental effect that the unfashionable label "feminist" can have, especially in attracting young women to the movement. Despite these formidable obstacles, the goals and principles of feminism are widely accepted by the American mainstream, and Rhode, herself a pathbreaker in the fields of law and education, offers effective strategies for redefining and advancing the feminist agenda, thereby creating a movement that truly recognizes, and is responsive to, what all women want.

Moral Leadership brings together in one comprehensive volumeessays from leading scholars in law, leadership, psychology,political science, and ethics to provide practical, theoreticalpolicy guidance. The authors explore key questions about moralleadership such as: How do leaders form, sustain, and transmit moralcommitments? Under what conditions are those processes most effective? What is the impact of ethics officers, codes, trainingprograms, and similar initiatives? How do standards and practices vary across context andculture? What can we do at the individual, organizational, and societallevel to foster moral leadership? Throughout the book, the contributors identify what people know,and only think they know, about the role of ethics in keydecision-making positions. The essays focus on issues such as thedefinition and importance of moral leadership and the factors thatinfluence its exercise, along with practical strategies forpromoting ethical behavior. Moral Leadership addresses thedynamics of moral leadership, with particular emphasis on majorobstacles that stand in its way: impaired judgment, self-interest,and power. Finally, the book explores moral leadership in a varietyof contexts?business and the professions, nonprofit organizations,and the international arena.

The Theory and Practice of Power, Judgment and Policy

Moral Leadership

Speaking of Sex explores a topic that frequently is absent from our discussions about sex: the persistence of sex-based inequality and the cultural forces that sustain it. On critical issues affecting women, most Americans deny either that gender inequality is a serious problem or that it is one which they have a personal or political responsibility to address. In tracing this "no problem" problem, Speaking of Sex examines the most fundamental causes of women's disadvantages and the inadequacy of current public policy to combat them.

The Denial of Gender Inequality

Speaking of Sex

Why are women so dramatically underrepresented in leadership positions in law, politics, and business?and what can be done to improve the situation? These are the questions this provocative book meets head-on.

Deborah L. Rhode

About

Books

Join the club