Jennifer A. Drobac
Professor of Law
Indiana University Robert H. McKinney School of Law
Lawrence W. Inlow Hall,
530 W. New York Street
Indianapolis, IN 46202-3225
Phone: (317) 278-4777
Fax: (317) 278-7563
B.A., 1981, M.A., 1987, Stanford University
J.D., 1987, J.S.D., 2000, Stanford Law School
Contracts & Sales, Family Law, Juvenile Law, Sexual Harassment Law, Bioethics: AIDS Law, Professional Responsibility
Jennifer Drobac joined the law school faculty in the fall of 2001. From 1992 to 2001, she practiced law in California, focusing on employment law issues and litigation. From 1997 to 2000, she served as a lecturer at Stanford Law School. Following law school, she clerked for the Honorable Barefoot Sanders, U.S. District Court for the Northern District of Texas.
Her scholarly work has been published in a variety of law reviews and journals. In 2005, she finished her first textbook, Sexual Harassment Law: History, Cases and Theory. A new edition of that text is expected in 2014. Professor Drobac is also working on a book concerning adolescent neurological and psychosocial development and the law, Worldly But Not Yet Wise, for University of Chicago Press.
Professor Drobac received the Indiana University 2010 Sylvia E. Bowman Distinguished Teaching Award. She also received the 2005 Indiana University Trustees' Teaching Award. She was named a John S. Grimes Fellow in 2006 and 2009 and a Dean's Fellow in recognition of scholarly excellence in 2005-2006.
Books and Chapters
WORLDLY BUT NOT YET WISE: THE SEXUAL HARASSMENT OF TEENAGERS, THEIR “DEVELOPING CAPACITY,” AND THE LAW’S RESPONSE [draft title] (University of Chicago Press, under contract for publication 2014)—book which explores why the scientific facts concerning adolescent neurological and psychosocial development are incongruent with sexual harassment law, designed to protect our teenagers from sexual predators at school, at work, and at play.
Consent, Teenagers, and (un)Civil(ized) Consequences [draft title], in CHILDREN, SEX AND THE LAW [draft title](Ellen Marrus, ed., NYU Press, under contract for publication in 2013)—chapter that highlights the inconsistent legal treatment of adolescent consent, to recommend law reform based on the science of juvenile development and socio-legal public policy.
Faith-based Employment Discrimination and the Law in RELIGION AND THE STATE [draft title] (Boris Bittker, Scott Idelman, and Frank Ravitch, eds.)—chapter which reviews employment antidiscrimination case and statutory law as it pertains to faith-based employment discrimination in a treatise concerning law, religion and the state.
SEXUAL HARASSMENT LAW: History, Cases, and Theory (Carolina Academic Press, 2005). New edition expected in 2014.
ABA Commission on Women in the Profession, SEX-BASED HARASSMENT: Best Practices For the Legal Profession, Prepared for the Commission by Deborah L. Rhode and Jennifer A. Drobac (December 2002).
Law Review and Journal Articles
"Wake Up and Smell the Starbucks Coffee: How Doe v. Starbucks Confirms the End of the 'Age of Consent' in California and Perhaps Beyond," 33 B.C. J.L. & SOC. JUST-- (forthcoming winter 2013).
A Bee Line in the Wrong Direction: Science, Teenagers, and the Sting to "the Age of Consent" 20 J. LAW & POLICY 63 (2012)—article which examines New York, California, and Illinois sexual harassment law and several cases to showcase the conflicts between criminal and civil treatment of adolescent consent to sexual activity with an adult. The article also proposes a new solution, legal assent.
Jazzing Up Family Law, 42 INDIANA L. REV. 533 (2009).
A Uniform Domestic Partnership Act: Marrying Business Partnership And Family Law, 41 GEORGIA L. REV. 349 (lead article, coauthored with Antony Page)(2007).
I Can’t To I Kant: The Sexual Harassment of Working Adolescents, Competing Theories, and Ethical Dilemmas, 70 Albany L. Rev.675 (2007).
“Developing Capacity”: Adolescent “Consent” at the Workplace, at Law, and in the Sciences of the Mind, 10 U.C. DAVIS J. JUVENILE L. & POL’Y 1 (2006)(lead article).
Sex and the Workplace: "Consenting" Adolescents and a Conflict of Laws, 79 WASH. L. REV. 471 (2004).
Pansexuality and the Law, 5 WM. & MARY J. WOMEN & L. 297 (1999).
The Oncale Opinion: A Pansexual Response, 30 MCGEORGE L. REV. 1269 (1999).
Note, For the Sake of the Children: Court Consideration of Religion in Child Custody Cases, 50 STAN. L. REV. 1609 (1998).
The "Perfect" Jointure: Its Formulation After the Statute of Uses, 19 CAMBRIAN L. REV. 26 (1988).
Fifty Shades of SEX IN THE OFFICE, WOMEN & SOC. MOVEMENTS IN THE U.S., 1600-2000 (MARCH 2013) (reviewing JULIE BEREBITSKY, SEX AND THE OFFICE: A HISTORY OF GENDER, POWER, AND DESIRE (2012)).
Work in Progress
"Legal Catalysis" [draft title]—article that explores how legal catalysts might foster advantageous interactions and minimize legal disabilities.
"Exposing the Myth of Consent: Strictures from Neuroscience, Economics, and Relational Contracting" [draft title]—article that explores the failure of the neoclassical approach to consent and the myth of legal capacity. This article proposes a new model for attaching legal significance to consent and examines new legal tools, such as legal assent, that might work to serve developing adolescents, declining elders, and mature adults in compromised circumstances.
"Legal Catalysis," Gruter Institute for Law & Behavioral Research, Squaw Valley Conference (anticipated May 2013).
"Exposing the Myth of Consent: Strictures from Neuroscience, Economics, and Relational Contracting," Society for the Evolutionary Analysis of Law ("SEAL") Scholarship Conference (April 6, 2013).
"Exposing the Myth of Consent: Strictures from Neuroscience, Economics, and Relational Contracting," Society of Socio-Economists Annual Meeting, New Orleans, Louisiana (January 3, 2013).
"Abandoning Teenage Consent for Adolescent Assent: Harmonizing Developmental Sciences and the Law," 2012 Law Conference, Athens, Greece (July 16-19, 2012); Law & Society Association, 2012 International Conference, Honolulu, Hawaii (June 7, 2012); University of Sydney Law School, Faculty Seminar Series (June 21, 2012); University of Queensland, TC Beirne School of Law, Research Seminar Series (June 15, 2012).
Student Speech in the Wake of Morse v. Frederick, Southeastern Association of Law Schools (SEALS) Annual Meeting, Hilton Head, South Carolina (July 25, 2011).
Abandoning Teenage “Consent” for Legal Assent: Harmonizing Developmental Sciences and the Law, Gruter Institute for Law & Behavioral Research, Squaw Valley Conference (May 24, 2011).
The End of the Age of Consent, The Adolescent in Society Conference, Brooklyn Law School, Brooklyn, New York (March 18, 2011).
Consent, Teenagers, and (un)Civil(ized) Consequences, International Society of Family Law North American Regional Conference, Kansas City, Missouri (June 4, 2010).
Children as Limited Partners: Filial Domestic Partnerships for All Children, Law and Society Association 2010 Conference, Chicago, Illinois (May 27, 2010).
Adolescent Development and the Legal Capacity to Consent, Center for Children, Law & Policy at the University of Houston Law Center (October 23, 2009).
Adolescent Brain Development and Its Legal Implications, University of Pennsylvania Neuroscience Boot Camp (August 12, 2009).
"Minding" Civil Law's Regulation of Adolescents, Gruter Institute For Law and Behavioral Research, Squaw Valley Conference (May 21, 2009).
“Minding” Civil Law’s Regulation of Adolescents, 2009 SEAL (Society for Evolutionary Analysis in Law) Scholarship Conference, Vanderbilt Law School, Nashville, Tennessee (April 16-18, 2009).
Profiled IUI Faculty: research concerning the sexual harassment of working teenagers.
Profiled Expert, NOW ON PBS, interviewed on camera for story concerning the sexual harassment of working teenagers.
Presenter: Children, Sex and the Law, AALS 2009 Annual Meeting, San Diego, California (January 9, 2009).
Organizing Host, Inaugural Midwest Family Law Conference, “Jazzing Up Family Law,” Indiana University School of Law- Indianapolis, Indianapolis, Indiana (June 13, 2008).