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
- Faith-based Employment Discrimination and the Law in RELIGION AND THE STATE [draft title] (Boris Bittker, Scott Idelman, and Frank Ravitch, eds., under contract for publication with Cambridge University Press in 2015)—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.
- 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 2015)—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 2015)—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.
- SEXUAL HARASSMENT LAW: History, Cases, and Theory (Carolina Academic Press, 2005). New edition expected in 2016.
- 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
- "Religion and Employment Anti-Discrimination Law: Past, Present, and Post Hosanna-Tabor," 69 NYU ANN. SURV. AM. L.-- (co-authored with Jill L. Wesley).
- "Exposing the Myth of Consent: Strictures from Neuroscience, Economics, and Relational Contracting," --IND. HEALTH L. REV.-- (co-authored with Oliver R. Goodenough).
- *"The Neurobiology of Decision-Making in High Risk Youth & The Law of Consent to Sex," --NEW CRIM. L. REV.-- (peer reviewed and accepted for publication 2014) (coauthored with Prof. Leslie Hulvershorn, M.D.).
- "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. 1 (2013)(lead article).
- A Bee Line in the Wrong Direction: Science, Teenagers, and the Sting to "the Age of Consent" 20 J. LAW & POLICY 63 (2012).
- 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).
- The Oncale Opinion: A Pansexual Response, 30 MCGEORGE L. REV. 1269 (1999).
- Pansexuality and the Law, 5 WM. & MARY J. WOMEN & L. 297 (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.
- "Innovation, Leadership, and Education: What’s Love 2.0 Got To Do With IT?," The Tobias Leadership Conference, Indiana University Tobias Center for Leadership Excellence, Indianapolis, Indiana (April 25, 2014) (discussing “the 3 Ms: meditation, mindfulness, and mentoring”).
- "The Myth of Consent: The Neuroscience of 'Developing' and 'Declining' Capacity and the Law," at “Neuroscience and the Law: Injury, Capacity, and Illness,” IU McKinney School of Law and School of Medicine Conference, Indianapolis, Indiana (March 28, 2014).
- "Exposing the Myth of Consent: Strictures from Neuroscience, Economics, and Relational Contracting," Association of American Law Schools, Annual Meeting, New York, New York (January 5, 2014).
- "Worldly But Not Yet Wise," University of Oregon School of Law, Eugene, Oregon (November 7, 2013).
- "Legal Catalysis," Gruter Institute for Law & Behavioral Research, Squaw Valley Conference (May 21, 2013).
- "Innovation and Education: What's Love 2.0 Got To Do With IT?," Gruter Institute for Law & Behavioral Research, Squaw Valley Conference, Squaw Valley, California (May 23, 2013) (discussing “the 3 Ms: meditation, mindfulness, and mentoring”).
- "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).