Jeannie Suk Gersen

John H. Watson, Jr. Professor of Law

Biography

Jeannie Suk Gersen is the John H. Watson, Jr. Professor of Law at Harvard Law School, where she has taught constitutional law, criminal law and procedure, family law, and the law of art, fashion, and the performing arts. Before joining the faculty in 2006, she served as a law clerk to Justice David Souter on the United States Supreme Court, and to Judge Harry Edwards on the U.S. Court of Appeals for the D.C. Circuit. She was educated at Yale (B.A. 1995), at Oxford (D.Phil 1999) where she was a Marshall Scholar, and at Harvard Law School (J.D. 2002), where she was a Paul & Daisy Soros Fellow. She has written three books and many articles in scholarly journals and general media. Her book, At Home in the Law, was awarded the Law and Society Association's Herbert Jacob Prize for the best law and society book of the year. She has been a Guggenheim Fellow and a recipient of Harvard Law School's Sacks-Freund Award for Teaching Excellence. She is a Contributing Writer to The New Yorker.

Areas of Interest

Jacob Gersen & Jeannie Suk Gersen, Governing Sex through Bureaucracy, in Governance Feminism: Notes from the Field 159 (Janet Halley, Prabha Kotiswaran, Rachel Rebouché & Hila Shamir eds., 2019).
Categories:
Disciplinary Perspectives & Law
,
Discrimination & Civil Rights
Sub-Categories:
Gender & Sexuality
,
Feminist Legal Theory
Type: Book
Jeannie Suk Gersen, The Socratic Method in the Age of Trauma, 130 Harv. L. Rev. 2320 (2017).
Categories:
Legal Profession
Sub-Categories:
Legal Education
Type: Article
Abstract
When I was a young girl, the careers I dreamed of — as a prima ballerina or piano virtuoso — involved performing before an audience. But even in my childhood ambitions of life on stage, no desire of mine involved speaking. My Korean immigrant family prized reading and the arts, but not oral expression or verbal assertiveness — perhaps even less so for girls. Education was the highest familial value, but a posture of learning anything worthwhile seemed to go together with not speaking. My incipient tendency to raise questions and arguments was treated as disrespect or hubris, to be stamped out, sometimes through punishment. As a result, and surely also due to natural shyness, I had an almost mute relation to the world. It was 1L year at Harvard Law School that changed my default mode from “silent” to “speak.” Having always been a student who said nothing and preferred a library to a classroom, I was terrified and scandalized as professors called on classmates daily to engage in back-and-forth dialogues of reasons and arguments in response to questions, on subjects of which we knew little and on which we had no business expounding. What happened as I repeatedly faced my unwelcome turn, heard my voice, and got through with many stumbles was a revelation that changed my life. A light switched on. Soon, I was even volunteering to engage in this dialogue, and I was thinking more intensely, independently, and enjoyably than I ever had before. Eventually, learning through speaking, reasoning, questioning, and revising in conversation with others became a way of life that I treasure and try to cultivate in students. As a law professor over the past decade, I have seen students experience their own epiphanies and transformations in relation to the law school classroom. But I know that some students viscerally dislike the pedagogy that typifies law school, viewing it as outdated and oppressive, and even reporting ill effects on their sense of equality, identity, and well-being. And critiques of law school teaching that point to a disproportionate adverse impact on the educational experience of women and minorities are of special concern to me — as a feminist, a teacher, and the first Asian woman to have been tenured at the school that formed my legal mind and opened my greatest opportunities. This Essay on the occasion of Harvard Law School’s bicentennial is a reflection on the present connections and contradictions between our inherited pedagogical traditions, the desires and needs of students in a diverse law school, and aspirations for law graduates in a changing world today.
Jacob E. Gersen & Jeannie Suk, Timing of Consent, in The Timing of Lawmaking 149 (Frank Fagan & Saul Levmore eds., 2017).
Categories:
Discrimination & Civil Rights
Sub-Categories:
Gender & Sexuality
Type: Book
Jeannie Suk Gersen, What if Trigger Warnings Don’t Work?, The New Yorker (Sept. 28, 2021), https://www.newyorker.com/news/our-columnists/what-if-trigger-warnings-dont-work.
Categories:
Legal Profession
Sub-Categories:
Legal Education
Type: Other
Abstract
New psychological research suggests that trigger warnings do not reduce negative reactions to disturbing material—and may even increase them.
Jeannie Suk Gersen, The Manifold Threats of the Texas Abortion Law, NewYorker.com (Sept. 5, 2021).
Categories:
Government & Politics
,
Health Care
,
Constitutional Law
Sub-Categories:
Constitutional History
,
Fourteenth Amendment
,
Supreme Court of the United States
,
Genetics & Reproduction
Type: Other
Jeannie Suk Gersen, Should the Government Impose a National Vaccination Mandate?, NewYorker.com (Aug. 26, 2021).
Categories:
Health Care
Sub-Categories:
Health Law & Policy
Type: Other
Jeannie Suk Gersen, The Supreme Court's Surprising Term, NewYorker.com (June 27, 2021).
Categories:
Government & Politics
Sub-Categories:
Supreme Court of the United States
Type: Other
Jeannie Suk Gersen, The Importance of Teaching Dred Scott, NewYorker.com (June 8, 2021).
Categories:
Constitutional Law
,
Legal Profession
,
Discrimination & Civil Rights
Sub-Categories:
Constitutional History
,
Fifth Amendment
,
Civil Rights
,
Discrimination
,
Race & Ethnicity
,
Legal Education
Type: Other
Jeannie Suk Gersen, The Complicated Case of the Pennsylvania Cheerleader, NewYorker.com (May 6, 2021).
Categories:
Constitutional Law
,
Government & Politics
,
Family Law
Sub-Categories:
First Amendment
,
Education Law
,
Supreme Court of the United States
Type: Other
Jeannie Suk Gersen, The Vital Role of Bystanders in Convicting Derek Chauvin, NewYorker.com (Apr. 21, 2021).
Categories:
Criminal Law & Procedure
,
Disciplinary Perspectives & Law
,
Discrimination & Civil Rights
Sub-Categories:
Jury Trials
,
Criminal Evidence
,
Criminal Justice & Law Enforcement
,
Discrimination
,
Race & Ethnicity
,
Law & Social Change
Type: Other
Jeannie Suk Gersen, The Simple Facts of Derek Chauvin's Trial, NewYorker.com (Apr. 10, 2021).
Categories:
Criminal Law & Procedure
Sub-Categories:
Criminal Justice & Law Enforcement
,
Criminal Prosecution
,
Jury Trials
Type: Other
Jeannie Suk Gersen, The Politics of Bad Sex, NewYorker.com (Mar. 31, 2021) (reviewing Katherine Angel, Tomorrow Sex Will Be Good Again: Women and Desire in the Age of Consent (2021)).
Categories:
Discrimination & Civil Rights
,
Disciplinary Perspectives & Law
Sub-Categories:
Gender & Sexuality
,
Law & Mind Sciences
Type: Other
Jeannie Suk Gersen, The Story of the Comfort Women, in Korean and Japanese, NewYorker.com (Mar. 13, 2021).
Categories:
Discrimination & Civil Rights
,
International, Foreign & Comparative Law
Sub-Categories:
Gender & Sexuality
,
East Asian Legal Studies
,
Foreign Relations
,
Human Rights Law
Type: Other
Jeannie Suk Gersen, Seeking the True Story of the Comfort Women, NewYorker.com (Feb. 25, 2021).
Categories:
Discrimination & Civil Rights
,
International, Foreign & Comparative Law
Sub-Categories:
Gender & Sexuality
,
East Asian Legal Studies
,
Foreign Relations
,
Human Rights Law
Type: Other
Jeannie Suk Gersen, The Risks of Trump's Impeachment Trial, NewYorker.com (Feb. 5, 2021).
Categories:
Government & Politics
Sub-Categories:
Executive Office
,
Politics & Political Theory
Type: Other
Jeannie Suk Gersen, Did Trump and his Supporters Commit Treason?, NewYorker.com (Jan. 28, 2021).
Categories:
Government & Politics
,
Constitutional Law
Sub-Categories:
Fourteenth Amendment
,
Executive Office
,
Military, War, & Peace
,
Politics & Political Theory
Type: Other
Jeannie Suk Gersen, The Case for Removing Donald Trump, NewYorker.com (Jan. 9, 2021).
Categories:
Government & Politics
,
Constitutional Law
Sub-Categories:
Other Amendments
,
Executive Office
,
Politics & Political Theory
,
Elections & Voting
,
Congress & Legislation
Type: Other
Jeannie Suk Gersen, A Test for Congress's Commitment to Democracy, NewYorker.com (Jan. 4, 2021).
Categories:
Government & Politics
Sub-Categories:
Congress & Legislation
,
Elections & Voting
,
Executive Office
,
Politics & Political Theory
Type: Other
Jeannie Suk Gersen, Trump’s Coup Attempt Isn’t Over, NewYorker.com (Dec. 15, 2020).
Categories:
Government & Politics
,
Constitutional Law
Sub-Categories:
Congress & Legislation
,
Elections & Voting
,
Executive Office
,
Politics & Political Theory
Type: Other
Jeannie Suk Gersen, The Dangerous Possibilities of Trump's Pardon Power, NewYorker.com (Dec. 3, 2020).
Categories:
Government & Politics
Sub-Categories:
Executive Office
,
Politics & Political Theory
Type: Other
Jeannie Suk Gersen, Kamala Harris and the Noble Path of the Prosecutor, NewYorker.com (Nov. 20, 2020).
Categories:
Criminal Law & Procedure
,
Government & Politics
Sub-Categories:
Criminal Prosecution
,
Executive Office
,
Politics & Political Theory
Type: Other
Jeannie Suk Gersen, How Far Could Republicans Take Trump's Claims of Election Fraud?, NewYorker.com (Nov. 10, 2020).
Categories:
Government & Politics
Sub-Categories:
Elections & Voting
,
Executive Office
,
Politics & Political Theory
,
Supreme Court of the United States
,
State & Local Government
Type: Other
Jeannie Suk Gersen, What If This Election Ends in Another Bush v. Gore?, NewYorker.com (Nov. 2, 2020).
Categories:
Government & Politics
,
Constitutional Law
Sub-Categories:
Elections & Voting
,
Executive Office
,
Judges & Jurisprudence
,
Politics & Political Theory
,
Supreme Court of the United States
Type: Other
Jeannie Suk Gersen, What the Democrats Achieve by Threatening to Pack the Supreme Court, NewYorker.com (Oct. 28, 2020).
Categories:
Government & Politics
Sub-Categories:
Congress & Legislation
,
Judges & Jurisprudence
,
Politics & Political Theory
,
Supreme Court of the United States
Type: Other
Jeannie Suk Gersen, We May Need the Twenty-Fifth Amendment if Trump Loses, NewYorker.com (Oct. 26, 2020).
Categories:
Constitutional Law
,
Government & Politics
Sub-Categories:
Congress & Legislation
,
Executive Office
,
Elections & Voting
,
Politics & Political Theory
Type: Other
Jeannie Suk Gersen, How Would Amy Coney Barrett Rule as a Supreme Court Justice?, NewYorker.com (Oct. 14, 2020).
Categories:
Discrimination & Civil Rights
,
Government & Politics
Sub-Categories:
Discrimination
,
Gender & Sexuality
,
Judges & Jurisprudence
,
Supreme Court of the United States
,
Politics & Political Theory
Type: Other
Jeannie Suk Gersen, Could the Supreme Court’s Landmark L.G.B.T.-Rights Decision Help Lead to the Dismantling of Affirmative Action?, NewYorker.com (June 27, 2020).
Categories:
Government & Politics
,
Discrimination & Civil Rights
,
Labor & Employment
Sub-Categories:
Civil Rights
,
Discrimination
,
Gender & Sexuality
,
LGBTQ Rights Law
,
Judges & Jurisprudence
,
Statutory Interpretation
,
Supreme Court of the United States
,
Employment Discrimination
Type: Other
Abstract
In 1946, William K. Wimsatt and Monroe C. Beardsley argued, in their classic essay, “The Intentional Fallacy,” that critics interpreting a literary work should cast aside pursuit of the author’s intent. “The poem belongs to the public,” they wrote, because “it is embodied in language, the peculiar possession of the public.” The New Criticism, a movement that dominated the academic study of literature in mid-century, asserted that only close analysis of the words and structure of the text—not external knowledge about the author, politics, morality, or a reader’s feelings—was the key to understanding its meaning. Salvatore Eugene Scalia, a professor of Italian literature at Brooklyn College, was an adherent of this theory. He also advocated for “literalness” in reading and translation, to avoid “yielding to the temptation” to follow one’s own language’s conventions in interpreting the words of the text. The New Criticism fell from prominence in the nineteen-eighties, but its impact became discernible in another field, through Professor Scalia’s only child, who was appointed to the Supreme Court in 1986, the same year that the elder Scalia died. Justice Antonin Scalia became the country’s most important expositor of textualism, the influential method of legal interpretation wherein “the text is the law, and it is the text that must be observed,” regardless of what lawmakers may have intended in passing the law. Since the nineteen-eighties, textualism has been favored by legal conservatives—but, in more recent decades, its focus on the words of a text has become influential with liberal judges, too. Last Monday, under the shadow of Antonin Scalia, who died in 2016, the current conservative Justices aired their strife over his textualist legacy in Bostock v. Clayton County, a landmark gay-and-transgender-rights case.
Jeannie Suk Gersen, How the Charges Against Derek Chauvin Fit Into a Vision of Criminal Justice Reform, NewYorker.com (June 17, 2020).
Categories:
Criminal Law & Procedure
,
Legal Profession
,
Government & Politics
Sub-Categories:
Criminal Justice & Law Enforcement
,
Criminal Prosecution
,
Government Accountability
,
Legal Reform
Type: Other
Jeannie Suk Gersen, Can the Constitution Reach Trump’s Corruption?, NewYorker.com (June 9, 2020).
Categories:
Constitutional Law
,
Government & Politics
,
International, Foreign & Comparative Law
Sub-Categories:
Constitutional History
,
Corruption
,
Executive Office
,
Judges & Jurisprudence
,
Politics & Political Theory
,
Separation of Powers
,
Supreme Court of the United States
,
Foreign Relations
Type: Other
Jeannie Suk Gersen, How Concerning Are the Trump Administration’s New Title IX Regulations?, NewYorker.com (May 16, 2020).
Categories:
Discrimination & Civil Rights
,
Government & Politics
,
Family Law
Sub-Categories:
Civil Rights
,
Discrimination
,
Gender & Sexuality
,
Education Law
,
Administrative Law & Agencies
,
Politics & Political Theory
Type: Other
Abstract
This spring, the coronavirus pandemic has upended college and university life, as campus classes, dormitories, and social activities have been abruptly displaced by online instruction. As exams and graduation ceremonies proceed virtually this month, some schools are announcing plans to cancel or delay the fall semester or to run it partly or entirely online. On May 6th, amid this chaos and uncertainty, Betsy DeVos’s Department of Education issued its regulations on Title IX, which impose new legal requirements on how schools must conduct their discipline processes for sexual harassment and assault. Immediately, prominent civil-rights attorneys expressed outrage. Catherine Lhamon, the chair of the U.S. Commission on Civil Rights and the assistant secretary for civil rights in Obama’s Education Department, tweeted that DeVos is “taking us back to the bad old days . . . when it was permissible to rape and sexually harass students with impunity.” Fatima Goss Graves, the president and C.E.O. of the National Women’s Law Center, wrote, “We refuse to go back to the days when rape and harassment in schools were ignored and swept under the rug.” In a statement, Nancy Pelosi called the new regulations “callous, cruel and dangerous, threatening to silence survivors and endanger vulnerable students in the middle of a public health crisis.” It was unclear, however, precisely what aspects of the regulations were so extreme and alarming.
Jeannie Suk Gersen, A Fair Examination of the Allegations Against Joe Biden Can Strengthen the #MeToo Movement, NewYorker.com (May 6, 2020).
Categories:
Government & Politics
,
Discrimination & Civil Rights
Sub-Categories:
Discrimination
,
Gender & Sexuality
,
Elections & Voting
,
Executive Office
,
Government Accountability
,
Politics & Political Theory
Type: Other
Abstract
A truth that burst into public view with #MeToo in 2017 was that sexual exploitation in its many forms has been ubiquitous and experienced largely by women. So anyone following the story of #MeToo could hardly find it shocking that, after a promising primary season with a record number of excellent female candidates, the first Presidential election since the movement’s rise has come down to a race between two men who have both been accused of sexual assault. Tara Reade has accused Joe Biden of sexually assaulting her twenty-seven years ago, and several women have accused him of unwanted touching. More than a dozen women have accused Donald Trump of sexual assault and misconduct, and he has bragged on tape about grabbing women’s genitals. It is unlikely that the Democratic Party will abandon their only candidate who remains in the race, and who leads Trump in polls. So many liberals, who are justifiably desperate to turn the page on the horrors of Trump’s Presidency, are grasping at the world of difference between Trump and Biden—and viewing Reade’s sexual-assault allegation more skeptically than #MeToo has allowed in recent times. This moment may prove to be a pivotal chapter of #MeToo, which marks its more mature reckoning with its deeper goals. And, in fact, there is a no more fitting person to embody that development than Biden, whose long career has repeatedly positioned him at the levers of power in the government’s responses to sexual violence.
Jeannie Suk Gersen, The Supreme Court Confronts Trump’s Challenge to the Separation of Powers, NewYorker.com (May 2, 2020).
Categories:
Government & Politics
Sub-Categories:
Congress & Legislation
,
Executive Office
,
Government Accountability
,
Politics & Political Theory
,
Judges & Jurisprudence
,
Supreme Court of the United States
,
Separation of Powers
Type: Other
Jeannie Suk Gersen, Finding Real Life in Teaching Law Online, NewYorker.com (Apr. 23, 2020).
Categories:
Legal Profession
Sub-Categories:
Legal Education
Type: Other
Jeannie Suk Gersen, Who’s In Charge of the Response to the Coronavirus?, NewYorker.com (Apr. 19, 2020).
Categories:
Constitutional Law
,
Health Care
,
Government & Politics
Sub-Categories:
Congress & Legislation
,
Executive Office
,
Federalism
,
Politics & Political Theory
,
Separation of Powers
,
State & Local Government
,
Government Accountability
,
Health Law & Policy
Type: Other
Jeannie Suk Gersen, What Would a Fair Impeachment Trial Look Like?, NewYorker.com (Jan. 29, 2020).
Categories:
Constitutional Law
,
Government & Politics
Sub-Categories:
Congress & Legislation
,
Executive Office
,
Corruption
,
Government Accountability
Type: Other
Michael Brenner, Jeannie Suk Gersen, Michael Haley, Matthew Lin, Amil Merchant, Richard Jagdishwar Millett, Suproteem K. Sarkar & Drew Wagner, Constitutional Dimensions of Predictive Algorithms in Criminal Justice, 55 Harv. C.R.-C.L. L. Rev. 267 (2020).
Categories:
Criminal Law & Procedure
,
Discrimination & Civil Rights
,
Government & Politics
,
Technology & Law
,
Constitutional Law
Sub-Categories:
Fourteenth Amendment
,
Criminal Defense
,
Criminal Justice & Law Enforcement
,
Criminal Prosecution
,
Courts
,
Judges & Jurisprudence
,
Networked Society
,
Science & Technology
Type: Article
Abstract
This Article analyzes constitutional concerns presented by the use of risk-assessment technology in the criminal justice system, and how courts can best address them. Focusing on due process and equal protection, this Article explores avenues for constitutional challenges to risk-assessment technology at federal and state levels and outlines how instruments might be retooled to increase accuracy and accountability while satisfying constitutional standards.
Jeannie Suk Gersen, Sex Lex Machina: Intimacy and Artificial Intelligence, 119 Colum. L. Rev. 1793 (2019).
Categories:
Technology & Law
,
Discrimination & Civil Rights
Sub-Categories:
Gender & Sexuality
,
Digital Property
,
Networked Society
Type: Article
Abstract
Sex robots are here. Created specifically to allow individuals to simulate erotic and romantic experiences with a seemingly alive and present human being, sex robots will soon force lawmakers to address the rise of digisexuality and the human-robot relationship. The extent to which intimacy between a human and robot can be regulated depends on how we characterize sex with robots--as a masturbatory act, an intimate relationship, or nonconsensual sexual contact-- and whether sexual activity with robots makes us see robots as more human or less human. A robot sex panic may be driven primarily by the idea that robots are servile by nature. Critics argue that an inherently nonreciprocal dynamic between humans and robots will translate into exploitative relationships that may fuel abuse of human partners, or that sex robots may further social isolation and retreat from human intimacy. Conversely, sex robots may function as safe--and otherwise unavailable--sexual and emotional outlets for those who may otherwise harm others. They may even train individuals to be more respectful in human relationships. At this point, we do not know how our relationships with robots will inform our relationships with humans, for better or for worse. This Essay explores the consequences of sex robots on society and argues that questions of how sex robots will improve or worsen humans' treatment of one another is the key to regulation to come. What is clear is that sex robots will require us to grapple with our vulnerabilities in relationships, reconsider fundamental rights, and question what it means to be intimate and to be human.
Jeannie Suk Gersen, Chanel 2.55, in A History of Intellectual Property in 50 Objects 248 (Claudy Op den Kamp & Dan Hunter eds., 2019).
Categories:
Property Law
Sub-Categories:
Intellectual Property - Copyright
,
Intellectual Property - Patent & Trademark
Type: Book
Jeannie Suk Gersen, How Fetal Personhood Emerged as the Next Stage of the Abortion Wars, NewYorker.com (June 5, 2019).
Categories:
Health Care
,
Family Law
,
Government & Politics
,
Discrimination & Civil Rights
Sub-Categories:
Race & Ethnicity
,
Reproduction
,
Judges & Jurisprudence
,
Supreme Court of the United States
,
Genetics & Reproduction
Type: Other
Jeannie Suk Gersen, Robert Mueller’s and William Barr’s “Baby” and the History of Presidential Obstruction, NewYorker.com (May 5, 2019).
Categories:
Government & Politics
Sub-Categories:
Executive Office
,
Congress & Legislation
,
Government Accountability
,
Politics & Political Theory
Type: Other
Jeannie Suk Gersen, Donald Trump, the A.C.L.U., and the Ongoing Battle Over the Legitimacy of Free Speech, NewYorker.com, (Apr. 23, 2019, 12:43 PM).
Categories:
Constitutional Law
,
Government & Politics
,
Discrimination & Civil Rights
Sub-Categories:
First Amendment
,
Civil Rights
,
Executive Office
,
Politics & Political Theory
Type: Other
Jeannie Suk Gersen, Unpopular Speech in a Cold Climate, NewYorker.com (Mar. 14, 2019).
Categories:
Legal Profession
,
Constitutional Law
Sub-Categories:
First Amendment
,
Legal Services
,
Professional Responsibility
Type: Other
Jeannie Suk Gersen, Assessing Betsy Devos’s Proposed Rules on Title IX and Sexual Assault, NewYorker.com (Feb. 1, 2019, 1.33 PM).
Categories:
Discrimination & Civil Rights
,
Family Law
Sub-Categories:
Civil Rights
,
Gender & Sexuality
,
Discrimination
,
Education Law
Type: Other
Abstract
From the start, the Trump Administration seized on Title IX as an area in which to reverse the Obama Administration’s positions. Under Betsy DeVos, the Department of Education has rescinded more than twenty Obama-era policy guidelines on anti-discrimination laws, including ones that protected transgender students from discrimination and allowed them to use gender-segregated facilities of their choice. It has also cancelled policies that supported schools’ use of affirmative action, outlined disabled students’ rights, and attempted to curb racial disparities in elementary and secondary schools, based on research showing that minority students are punished for misconduct at higher rates than their behavior warrants. These revocations have rightly provoked concern that DeVos is turning her back on vulnerable students.
Jeannie Suk Gersen, Nancy Gertner & Janet Halley, Comment on Proposed Title IX Rulemaking (Jan. 30, 2019).
Categories:
Disciplinary Perspectives & Law
,
Discrimination & Civil Rights
,
Family Law
Sub-Categories:
Civil Rights
,
Gender & Sexuality
,
Feminist Legal Theory
,
Education Law
Type: Article
Abstract
Jeannie Suk Gersen, Nancy Gertner, and Janet Halley, professors at Harvard Law School, have issued a Comment on the Department of Education’s Proposed Rule on Title IX enforcement. The authors write: “We strongly support vigorous enforcement of Title IX to ensure that students enjoy educational programs and activities unburdened by sexual harassment.” They argue that “sanctions for sexual harassment should apply only under a clear definition of wrongful conduct and after a process that is fair to all parties.” With these dual objectives in mind, the Comment reviews the Department of Education’s Proposed Rule and agrees with some aspects and disagrees with others. The authors agree (with some suggested amendments) with the Rule’s treatment of the burden of proof, the rejection of the single-investigator model, and the requirement of a live hearing process. They argue that the rules they endorse do not undermine the critical goal of enforcing Title IX. They express serious concerns about the provisions on cross examination and the definition of sexual harassment, and propose revisions that will be more protective of complainants. The Comment strongly objects to provisions encouraging schools to file complaints when they have multiple allegations against a single potential respondent but no formal complainant: the inquiry there should be refocused on the threat of harm and take into account the complainants’ as well as the respondents’ interests. The three professors say that they “strongly object to the deliberate indifference standard for schools’ ultimate responsibility to respond to sexual harassment.” Gersen, Gertner and Halley have researched, taught, and written on Title IX, sexual harassment, sexual assault, and feminist legal reform. They were three of the signatories to the statement of twenty-eight Harvard Law School professors, published in the Boston Globe on October 15, 2014, that criticized Harvard University’s newly adopted sexual harassment policy as “overwhelmingly stacked against the accused” and “in no way required by Title IX law or regulation.”
Jeannie Suk Gersen, At Trial, Harvard’s Asian Problem and a Preference for White Students From “Sparse Country,” NewYorker.com (Oct. 23, 2018).
Categories:
Discrimination & Civil Rights
Sub-Categories:
Discrimination
,
Race & Ethnicity
Type: Other
Jeannie Suk Gersen, Anti-Asian Bias, Not Affirmative Action, is On Trial in the Harvard Case, NewYorker.com (Oct. 11, 2018, 1:00 PM).
Categories:
Discrimination & Civil Rights
Sub-Categories:
Discrimination
,
Race & Ethnicity
Type: Other
Jeannie Suk Gersen, Brett Kavanaugh’s Damaging, Revealing Partisan Bitterness, NewYorker.com (Sept. 28, 2018, 9:13 AM).
Categories:
Government & Politics
Sub-Categories:
Judges & Jurisprudence
,
Supreme Court of the United States
,
Politics & Political Theory
,
Congress & Legislation
Type: Other
Jeannie Suk Gersen, Does Christine Blasey Ford’s Testimony Require Corroboration?, NewYorker.com (Sept. 27, 2018, 3:49 PM).
Categories:
Government & Politics
,
Criminal Law & Procedure
Sub-Categories:
Criminal Evidence
,
Supreme Court of the United States
,
Politics & Political Theory
,
Congress & Legislation
,
Judges & Jurisprudence
Type: Other
Jeannie Suk Gersen, Deborah Ramirez’s Allegation Against Brett Kavanaugh Raises Classic Questions of Campus Assault Cases, NewYorker.com (Sept. 25, 2018, 2:37 PM).
Categories:
Government & Politics
,
Legal Profession
Sub-Categories:
Supreme Court of the United States
,
Politics & Political Theory
,
Congress & Legislation
,
Professional Responsibility
Type: Other
Jeannie Suk Gersen, What Would a Serious Investigation of Brett Kavanaugh Look Like?, NewYorker.com (Sept. 20, 2018).
Categories:
Government & Politics
,
Criminal Law & Procedure
Sub-Categories:
Supreme Court of the United States
,
Congress & Legislation
,
Government Transparency
,
Politics & Political Theory
Type: Other
Jennie Suk Gersen, Understanding the Partisanship of Brett Kavanaugh’s Confirmation Hearings, NewYorker.com (Sept. 12, 2018).
Categories:
Government & Politics
Sub-Categories:
Supreme Court of the United States
,
Politics & Political Theory
,
Executive Office
Type: Other
Jeannie Suk Gersen, What Michael Cohen’s Guilty Plea Doesn’t Tell Us About Trump, NewYorker.com (Aug. 26, 2018).
Categories:
Government & Politics
,
Criminal Law & Procedure
Sub-Categories:
Criminal Evidence
,
Corruption
,
Elections & Voting
,
Executive Office
,
Politics & Political Theory
Type: Other
Jeannie Suk Gersen, Some Advice for Brett Kavanaugh, President Trump’s Second Nominee to the Supreme Court, NewYorker.com (July 9, 2018).
Categories:
Government & Politics
Sub-Categories:
Judges & Jurisprudence
,
Supreme Court of the United States
,
Executive Office
,
Politics & Political Theory
Type: Other
Jeannie Suk Gersen, Bill Cosby’s Crimes and the Impact of #MeToo on the American Legal System, NewYorker.com (Apr. 27, 2018, 12:50 PM).
Categories:
Criminal Law & Procedure
Sub-Categories:
Criminal Prosecution
,
Jury Trials
,
Criminal Evidence
Type: Other
Jeannie Suk Gersen, Trump’s Affairs and the Future of the Nondisclosure Agreement, NewYorker.com (Mar. 30, 2018, 12:53 PM).
Categories:
Government & Politics
,
Civil Practice & Procedure
,
Technology & Law
,
Constitutional Law
Sub-Categories:
First Amendment
,
Litigation & Settlement
,
Executive Office
,
Government Transparency
,
Communications Law
Type: Other
Jeannie Suk Gersen, Donald Trump’s Brain is a Catch-22, NewYorker.com (Jan. 26, 2018, 12:36 PM).
Categories:
Government & Politics
,
Health Care
Sub-Categories:
Executive Office
,
Government Accountability
,
Psychology & Psychiatry
Type: Other
Jeannie Suk Gersen, The Transformation of Sexual-Harassment Law Will Be Double-Faced, NewYorker.com (Dec. 20, 2017).
Categories:
Discrimination & Civil Rights
,
Labor & Employment
Sub-Categories:
Civil Rights
,
Gender & Sexuality
,
Discrimination
,
Employment Discrimination
,
Labor Law
Type: Other
Jeannie Suk Gersen, How Anti-Trump Psychiatrists Are Mobilizing Behind the Twenty-Fifth Amendment, NewYorker.com (Oct. 16, 2017, 12:40 PM).
Categories:
Constitutional Law
,
Government & Politics
,
Health Care
Sub-Categories:
Executive Office
,
Government Accountability
,
Psychology & Psychiatry
Type: Other
Jeannie Suk Gersen, Why Didn’t the Manhattan D.A. Cyrus Vance Prosecute the Trumps or Harvey Weinstein?, NewYorker.com (Oct. 13, 2017).
Categories:
Criminal Law & Procedure
,
Government & Politics
Sub-Categories:
Criminal Prosecution
,
Government Accountability
Type: Other
Jeannie Suk Gersen, Laura Kipnis’s Endless Trial by Title IX, NewYorker.com (Sept. 20, 2017, 12:42 PM).
Categories:
Discrimination & Civil Rights
,
Family Law
Sub-Categories:
Civil Rights
,
Discrimination
,
Gender & Sexuality
,
Education Law
Type: Other
Abstract
In 2015, Laura Kipnis, a film-studies professor at Northwestern University, published a polemic in The Chronicle of Higher Education titled “Sexual Paranoia Strikes Academe.” Kipnis argued that students’ sense of vulnerability on campus was expanding to an unwarranted degree, partly owing to new enforcement policies around Title IX, which prohibits sex discrimination at educational institutions that receive federal funds. The new Title IX policies on sexual misconduct which were then sweeping campuses perpetuated “myths and fantasies about power,” Kipnis wrote, which enlarged the invasive power of institutions while undermining the goal of educating students in critical thinking and resilience. “If you wanted to produce a pacified, cowering citizenry, this would be the method,” she concluded.
Jeannie Suk Gersen, Betsy DeVos, Title IX, and the “Both Sides” Approach to Sexual Assault, NewYorker.com (Sept. 8, 2017).
Categories:
Family Law
,
Government & Politics
,
Discrimination & Civil Rights
Sub-Categories:
Civil Rights
,
Discrimination
,
Gender & Sexuality
,
Education Law
,
Politics & Political Theory
,
Executive Office
,
Administrative Law & Agencies
Type: Other
Abstract
An essay by Jeannie Suk Gersen. Over the summer, anticipation over what the Education Department might do about campus sexual assault heightened as the Education Secretary, Betsy DeVos, held high-profile meetings with groups advocating for the interests of universities, sexual-assault victims, and accused students—including one men’s-rights group accused of harassing women online. DeVos’s civil-rights head, Candace Jackson, alarmingly, told the Times that “90 percent” of campus accusations are over drunk or breakup sex. As the new school year began in earnest, widespread fears of a “rollback” of Title IX enforcement accompanied DeVos’s long-awaited policy speech, which was delivered on Thursday, at George Mason University.
Jeannie Suk Gersen, Will Trump Be the Death of the Goldwater Rule?, NewYorker.com (Aug. 23, 2017).
Categories:
Government & Politics
,
Constitutional Law
,
Health Care
Sub-Categories:
First Amendment
,
Other Amendments
,
Executive Office
,
Psychology & Psychiatry
Type: Other
Elizabeth Bartholet, Nancy Gertner, Janet Halley & Jeannie Suk Gersen, Fairness For All Students Under Title IX (Aug. 21, 2017).
Categories:
Discrimination & Civil Rights
,
Family Law
Sub-Categories:
Civil Rights
,
Discrimination
,
Gender & Sexuality
,
Education Law
Type: Other
Abstract
Four feminist law professors at Harvard Law School have called on the U.S. Department of Education to revise the previous Administration’s policies on sexual harassment and sexual assault on campus. In a memo submitted to the Education Department yesterday, they set out an agenda of fairness for all students, accusers and accused. In recent years the Education Department has pressured colleges and universities to adopt overbroad definitions of wrongdoing that are unfair to both men and women, and to set up procedures for handling complaints that are deeply skewed against the accused and also unfair to accusers. Janet Halley and Jeannie Suk Gersen, Elizabeth Bartholet, and Nancy Gertner are professors at Harvard Law School who have researched, taught, and written on Title IX, sexual harassment, sexual assault, and feminist legal reform. They were four of the signatories to the statement of twenty-eight Harvard Law School professors, published in the Boston Globe on October 15, 2014, that criticized Harvard University’s newly adopted sexual harassment policy as “overwhelmingly stacked against the accused” and “in no way required by Title IX law or regulation.” Janet Halley said “The college process needs legitimacy to fully address campus sexual assault. Now is the time to build in respect for fairness and due process, academic freedom, and sexual autonomy.” The professors submitted to the Education Department a memorandum entitled “Fairness for All Students under Title IX.”
Jeannie Suk Gersen, The Uncomfortable Truth About Affirmative Action and Asian-Americans, NewYorker.com (Aug. 10, 2017).
Categories:
Discrimination & Civil Rights
,
Family Law
Sub-Categories:
Civil Rights
,
Discrimination
,
Race & Ethnicity
,
Education Law
Type: Other
Abstract
Since the nineties, the share of Asians in Harvard’s freshman class has remained stable, while the percentage of Asians in the U.S. population has more than doubled.
Jeannie Suk Gersen, Trump’s Tweeted Transgender Ban is Not a Law, NewYorker.com (July 27, 2017).
Categories:
Government & Politics
,
Discrimination & Civil Rights
,
Technology & Law
Sub-Categories:
Discrimination
,
LGBTQ Rights Law
,
Executive Office
,
Military & Veterans Law
,
Government Benefits
,
Networked Society
Type: Other
Jeannie Suk Gersen, The Trump Administration’s Fraught Attempt to Address Campus Sexual Assault, NewYorker.com (July 15, 2017).
Categories:
Government & Politics
,
Family Law
,
Discrimination & Civil Rights
Sub-Categories:
Civil Rights
,
Gender & Sexuality
,
Education Law
,
Administrative Law & Agencies
,
Executive Office
,
Politics & Political Theory
Type: Other
Jeannie Suk Gersen, Why Racially Offensive Trademarks Are Now Legally Protected, NewYorker.com (June 22, 2017).
Categories:
Constitutional Law
,
Property Law
,
Discrimination & Civil Rights
Sub-Categories:
First Amendment
,
Race & Ethnicity
,
Intellectual Property - Patent & Trademark
Type: Other
Jeannie Suk Gersen, The Legal Meaning of the Cosby Mistrial, NewYorker.com (June 18, 2017).
Categories:
Criminal Law & Procedure
Sub-Categories:
Jury Trials
,
Criminal Prosecution
Type: Other
Jeannie Suk Gersen, How Trump Has Stoked the Campus Debate on Speech and Violence, NewYorker.com (June 4, 2017).
Categories:
Constitutional Law
,
Family Law
,
Government & Politics
Sub-Categories:
First Amendment
,
Education Law
,
Executive Office
,
Politics & Political Theory
Type: Other
Jeannie Suk Gersen, A New Phase of Chaos on Transgender Rights, NewYorker.com (Mar. 13, 2017).
Categories:
Discrimination & Civil Rights
,
Government & Politics
Sub-Categories:
Civil Rights
,
Discrimination
,
Gender & Sexuality
,
LGBTQ Rights Law
,
Supreme Court of the United States
Type: Other
Jeannie Suk Gersen, A Moment of Uncertainty For Transgender Rights, NewYorker.com (Feb. 27, 2017).
Categories:
Discrimination & Civil Rights
,
Family Law
Sub-Categories:
LGBTQ Rights Law
,
Civil Rights
,
Discrimination
,
Gender & Sexuality
,
Education Law
Type: Other
Jacob Gersen & Jeannie Suk Gersen, The College Sex Bureaucracy, Chron. Higher Educ., Jan. 13, 2017, Chron. Rev., at 1.
Categories:
Family Law
,
Discrimination & Civil Rights
Sub-Categories:
Gender & Sexuality
,
Education Law
Type: Article
Jeannie Suk Gersen, Gavin Grimm's Transgender Rights Case and the Problem with Informal Executive Action, NewYorker.com (Dec. 6, 2016).
Categories:
Discrimination & Civil Rights
,
Government & Politics
Sub-Categories:
LGBTQ Rights Law
,
Discrimination
,
Civil Rights
,
Executive Office
Type: Article
Jeannie Suk Gersen, The Sexual Assault Election, NewYorker.com (Nov. 6, 2016).
Categories:
Government & Politics
,
Disciplinary Perspectives & Law
,
Discrimination & Civil Rights
Sub-Categories:
Gender & Sexuality
,
Feminist Legal Theory
,
Elections & Voting
,
Executive Office
Type: Other
Jeannie Suk Gersen, What "Divorce" Understands About Marriage, NewYorker.com (Oct. 16, 2016).
Categories:
Family Law
Sub-Categories:
Domestic Relations
Type: Other
Brief of Professors Jeannie Suk Gersen and C. Scott Hemphill as Amici Curiae In Support of Respondents, Star Athletica v. Varsity, No. 15-866 (U.S. Sept. 21, 2016).
Categories:
Property Law
Sub-Categories:
Intellectual Property - Copyright
Type: Other
Abstract
What is the appropriate test to determine when a feature of a useful article is protectable under § 101 of the Copyright Act?
Jeannie Suk Gersen, The Public Trial of Nate Parker, NewYorker.com (Sept. 2, 2016).
Categories:
Criminal Law & Procedure
,
Discrimination & Civil Rights
Sub-Categories:
Gender & Sexuality
,
Race & Ethnicity
Type: Other
Jeannie Suk Gersen, The Case Against Fox News, NewYorker.com (Aug. 26, 2016).
Categories:
Discrimination & Civil Rights
,
Labor & Employment
Sub-Categories:
Gender & Sexuality
,
Employment Discrimination
Type: Article
Jeannie Suk Gersen, College Students Go to Court Over Sexual Assault, NewYorker.com (Aug. 5, 2016).
Categories:
Family Law
,
Discrimination & Civil Rights
Sub-Categories:
Civil Rights
,
Gender & Sexuality
,
Education Law
Type: Other
Jeannie Suk Gersen, The Unintended Consequences of the Stanford Rape-Case Recall, NewYorker.com (June 17, 2016).
Categories:
Government & Politics
Sub-Categories:
Judges & Jurisprudence
,
Courts
Type: Article
Jeannie Suk Gersen, The Transgender Bathroom Debate and the Looming Title IX Crisis, NewYorker.com (May 24, 2016).
Categories:
Discrimination & Civil Rights
Sub-Categories:
LGBTQ Rights Law
,
Public Accommodations Law
,
Civil Rights
Type: Article
Jeannie Suk Gersen, What’s Wrong with the Redskins?, NewYorker.com (May 15, 2016).
Categories:
Constitutional Law
,
Property Law
Sub-Categories:
First Amendment
,
Intellectual Property - Patent & Trademark
Type: Article
Jeannie Suk, Doing Hard Time, N.Y. Times, Feb. 21, 2016, at BR23 (reviewing Baz Dreisinger, Incarceration Nations: A Journey to Justice in Prisons Around the World (2016)).
Categories:
Criminal Law & Procedure
Sub-Categories:
Prison Law & Prisoners' Rights
,
Sentencing & Punishment
Type: News
Jeannie C. Suk, Who's Afraid of Gender-Neutral Bathrooms?, NewYorker.com (Jan. 25, 2016).
Categories:
Discrimination & Civil Rights
Sub-Categories:
LGBTQ Rights Law
,
Civil Rights
,
Gender & Sexuality
Type: Other
Jacob Gersen & Jeannie Suk Gersen, Administering Sex, 42 Admin. & Reg. L. News, no. 1, Fall 2016, at 18.
Categories:
Government & Politics
,
Discrimination & Civil Rights
Sub-Categories:
Gender & Sexuality
,
Administrative Law & Agencies
Type: Article
Abstract
Sex and administrative law are not words that are traditionally uttered in the saine breath. Yet, recently, administrative law scholars and courts have increasingly focused on precisely this relationship. The past decade has seen a transformation of the way sex discrimination, sexual violence, sexual harassment, and just plain sex is legally regulated in the United States. Increasingly, adininistrative agencies are defining what sex is permissible, requiring educational institutions to adopt particular policies on sex, and specifying how sex that deviates from those norms is investigated and adjudicated. Today, sex is a domain of the federal bureaucracy. The question is what role traditional administrative law principles will play in the administration of sex.
Jacob E. Gersen & Jeannie Suk, The Sex Bureaucracy, 104 Calif. L. Rev. 881 (2016).
Categories:
Government & Politics
,
Family Law
,
Discrimination & Civil Rights
Sub-Categories:
Discrimination
,
Gender & Sexuality
,
Education Law
,
Administrative Law & Agencies
Type: Article
Abstract
We are living in a new sex bureaucracy. Saliently decriminalized in the past decades, sex has at the same time become accountable to bureaucracy. In this Article, we focus on higher education to tell the story of the sex bureaucracy. The story is about the steady expansion of regulatory concepts of sex discrimination and sexual violence to the point that the regulated area comes to encompass ordinary sex. The mark of bureaucracy is procedure and organizational form. Over time, federal prohibitions against sex discrimination and sexual violence have been interpreted to require educational institutions to adopt particular procedures to respond, prevent, research, survey, inform, investigate, adjudicate, and train. The federal bureaucracy essentially required nongovernmental institutions to create mini-bureaucracies, and to develop policies and procedures that are subject to federal oversight. That oversight is not merely, as currently assumed, of sexual harassment and sexual violence, but also of sex itself. We call this “bureaucratic sex creep” — the enlargement of bureaucratic regulation of sexual conduct that is voluntary, non-harassing, nonviolent, and does not harm others. At a moment when it is politically difficult to criticize any undertaking against sexual assault, we are writing about the bureaucratic leveraging of sexual violence and harassment policy to regulate ordinary sex. An object of our critique is the bureaucratic tendency to merge sexual violence and sexual harassment with ordinary sex, and thus to trivialize a very serious problem. We worry that the sex bureaucracy is counterproductive to the goal of actually addressing the harms of rape, sexual assault, and sexual harassment. Our purpose is to guide the reader through the landscape of the sex bureaucracy so that its development and workings can be known and debated.
Jeannie Suk, Shutting Down Conversations About Rape at Harvard Law, NewYorker.com (Dec. 11, 2015).
Categories:
Discrimination & Civil Rights
,
Family Law
Sub-Categories:
Gender & Sexuality
,
Civil Rights
,
Race & Ethnicity
,
Education Law
Type: Other
Jeannie Suk, A New Family Feeling on Campus, NewYorker.com (Nov. 17, 2015).
Categories:
Family Law
Sub-Categories:
Education Law
Type: Other
Jeannie Suk, St. Paul's School and a New Definition of Rape, NewYorker.com (Nov. 3, 2015).
Categories:
Criminal Law & Procedure
,
Family Law
,
Discrimination & Civil Rights
Sub-Categories:
Gender & Sexuality
,
Education Law
Type: Other
Jeannie C. Suk, The Trouble With Teaching Rape Law, NewYorker.com (Dec. 15, 2014).
Categories:
Legal Profession
Sub-Categories:
Legal Education
Type: Other
Jeannie C. Suk, Laws of Trauma, in Knowing the Suffering of Others: Legal Perspectives on Pain and Its Meaning 212 (Austin Sarat ed., Univ. Alabama Press 2014).
Categories:
Government & Politics
Sub-Categories:
Military & Veterans Law
,
Military, War, & Peace
Type: Book
C. Scott Hemphill & Jeannie C. Suk, The Fashion Originators' Guild of America: Self-Help at the Edge of IP and Antitrust, in Intellectual Property at the Edge: The Contested Contours of IP 159 (Rochelle Cooper Dreyfuss & Jane C. Ginsburg eds., Cambridge Univ. Press, 2014).
Categories:
Corporate Law & Securities
,
Property Law
Sub-Categories:
Antitrust & Competition Law
,
Intellectual Property - Copyright
Type: Book
Abstract
Intellectual Property at the Edge addresses both newly formed intellectual property rights and those which have lurked on the fringes, unadmitted to the established IP canon.
C. Scott Hemphill & Jeannie Suk Gersen, Design Copyright: The Latest Judicial Hint, Competition Pol'y Int'l, May 2013.
Categories:
Property Law
Sub-Categories:
Intellectual Property - Copyright
Type: Article
Abstract
Earlier this year, in an important copyright ruling, the Supreme Court dropped a puzzling clue about copyright for designs that merits examination. In an opinion authored by Justice Breyer, the Court's foremost copyright scholar, the Court posited a "design copyright" for a "dress" made in China and then sold in the United States. The statement is striking because courts have traditionally denied the copyrightability of fashion designs, including dress designs. A proposed bill to add fashion designs to copyrightable subject matter has not yet been passed by Congress. In this article, we explain the Court's unexpected comment and why it matters. The decision, Kirtsaeng v. John Wiley & Sons, addresses the "first sale" doctrine, which permits an owner of an authorized copy to "sell or otherwise dispose of" that copy without seeking permission of the copyright holder. This common-sense limitation on the copyright holder's right to distribute his work embodies a principle of exhaustion, promoting the free alienability of goods and reducing transaction costs. The question in Kirtsaeng was whether this doctrine applies not only to copies made in the United States, but also to copies made abroad and imported into the United States. The question was in doubt because a separate provision of the Copyright Act prohibits importation without permission. An earlier case held that the first sale doctrine trumped if the work had done a "round trip"-produced in the United States, exported overseas, and then returned to the United States for resale. Kirtsaeng accorded the same treatment to the closely related situation in which the copy was instead produced overseas and sold in the United States.
Jeannie Suk, A Light Inside: An Odyssey of Art, Life and Law (Bookhouse 2013).
Categories:
Legal Profession
Sub-Categories:
Biography & Tribute
Type: Book
Abstract
The first Asian Woman tenured at Harvard Law School, Guggenheim Fellow, Herbert Jacob Prize Winner, 'Best Lawyers Under 40' by the NAPABA, Jeannie Suk tells her heartfelt story. By telling her old love for Ballet, Piano and reading, she guides us to her passionate life and work and finally to the world "that she wanted to see". She decided to write this book because she was frequently asked to explain the connection between how she grew up and how she works and lives now. What world do we want to see? What is "education" in its true sense? What is "life" where one paves one's own path? Through this clean and elegant memoir, we learn that one's attitude and passion for life is the most important in life. and she suggests that we should be brave as we have freedom to be imperfect. Also she tells about her disciplines of life and work. One of those is "find what you really love to do."
C. Scott Hemphill & Jeannie Suk, What "Design Copyright"?, 126 Harv. L. Rev. F. 164 (2013).
Categories:
Property Law
Sub-Categories:
Intellectual Property - Copyright
Type: Article
Jeannie Suk, "The Look in His Eyes": The Story of Rusk and Rape Reform, in Criminal Law Stories (Robert Weisberg & Donna Coker eds., Foundation Press 2012).
Categories:
Criminal Law & Procedure
,
Disciplinary Perspectives & Law
,
Discrimination & Civil Rights
Sub-Categories:
Jury Trials
,
Gender & Sexuality
,
Feminist Legal Theory
Type: Book
Abstract
This chapter for Criminal Law Stories (Robert Weisberg & Donna Coker eds., 2013), tells the story of State v. Rusk through the lens of rape law reform. Beginning in the 1970s, under the influence of feminism, some prevailing attitudes and expectations about sex between men and women started to change. Edward Rusk, like many guys, didn’t think he just had to stop because a girl who seemed interested said she didn’t want to have sex. He was convicted of rape at the cusp of legal transformation, when sexual behavior that had been socially commonplace was rapidly in the midst of being recast as criminal. Drawing on many interviews with lawyers, judges, and other people involved in the case, I tell the story of when and how a set of social norms of sex and dating became unacceptable. This is a story of the legal role and consequences of that social change.
Jeannie Suk, Opinion, Little Red (Litigious) Shoes, N.Y. Times, Jan. 22, 2012, at SR14.
Categories:
Property Law
Sub-Categories:
Intellectual Property - Patent & Trademark
Type: News
Abstract
Can you trademark the color red? This week a federal appellate court will hear arguments in a case involving this very question. The issue arises in connection with shoes, specifically, the vivid red soles beneath Christian Louboutin shoes. The high-end designer says four separate styles of Yves Saint Laurent shoes infringe its trademarked sole. All four shoes are red all over -- including the soles.
Jeannie Suk, Redistributing Rape, 48 Am. Crim. L. Rev. 111 (2011) (reviewing Sharon Dolovich, Strategic Segregation in the Modern Prison (2011)).
Categories:
Criminal Law & Procedure
,
Discrimination & Civil Rights
Sub-Categories:
Prison Law & Prisoners' Rights
,
Civil Rights
Type: Article
C. Scott Hemphill & Jeannie Suk, Op-Ed, Schumer's Project Runway, Wall St. J., Aug. 24, 2010, at A13.
Categories:
Property Law
Sub-Categories:
Intellectual Property - Copyright
Type: News
Abstract
The authors discuss the issue of copyright infringement in fashion design and its impact on talented but not yet well-known designers and comment on a bill introduced by New York Senator Charles Schumer that aims to address the problem.
Jeannie Suk, The Trajectory of Trauma: Bodies and Minds of Abortion Discourse, 110 Colum. L. Rev. 1193 (2010).
Categories:
Family Law
,
Health Care
,
Discrimination & Civil Rights
Sub-Categories:
Gender & Sexuality
,
Reproduction
,
Psychology & Psychiatry
Type: Article
Abstract
What is the legal import of emotional pain following a traumatic event? The idea of women traumatized by abortion has recently acquired a constitutional foothold. The present Article is about this new frontier of trauma. I argue that the legal discourse of abortion trauma grows out of ideas about psychological trauma that have become pervasively familiar in the law through the rise of feminism. The Supreme Court’s statement in Gonzales v. Carhart, that some women who have abortions feel “regret” resulting in “severe depression and loss of esteem,” has provoked searing criticism because talk of protecting women from psychological harm caused by their own decisions seems to recapitulate paternalistic stereotypes inconsistent with modern egalitarian ideals. I argue that a significant context for the newly prominent discourse of abortion regret is the legal reception of psychological trauma that has continually gained momentum through feminist legal thought and reform since the 1970s. Rather than representing a stark and unmotivated departure, the notion of abortion trauma continues a legal discourse that grew up in precisely that period: a feminist discourse of trauma around women’s bodies and sexuality. This intellectual context gives meaning to the present discourse of women’s psychological pain in our legal system. The ideas informing abortion regret are utterly familiar once contextualized in modern legal understandings of women that have developed in the period since Roe.

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