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The Beauty Bias
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Table of Contents

Preface

1. Introduction
The Personal Becomes Political: The Trouble With Shoes
The Costs and Consequences of Appearance
Surveying the Foundations: Social, Biological, Economic, Technological, and Media Forces
Feminist Challenges and Responses
Appearance Discrimination: Social Wrongs and Legal Rights
Legal Frameworks
A Roadmap for Reform

2. The Importance of Appearance and the Costs of Conformity
Definitions of Attractiveness and Forms of Discrimination
Interpersonal Relationships and Economic Opportunities
Self- Esteem, Stigma, and Quality of Life
Gender Differences
The Price of Upkeep: Time and Money
Health Risks
Bias

3. The Pursuit of Beauty
Sociobiological Foundations
Cultural Values, Status, and Identity
Market Forces
Technology
The Media
Advertising
The Culture of Beauty

4. Critics and Their Critics
Nineteenth and Early Twentieth Century Critics
The Contemporary Women's Movement
Critics
Responses
Personal Interests and Political Commitments
Beyond the Impasse

5. The Injustice of Discrimination
Ensuring Equal Opportunity: Challenging Stigma and Stereotypes
Challenging Subordination Based on Class, Race, Ethnicity, Gender, Disability, and Sexual Orientation
Protecting Self-Expression: Personal Liberty and Cultural Identity
The Rationale for Discrimination and Resistance to Prohibitions
The Parallel of Sex Harassment
The Contributions of Law

6. Legal Frameworks
The Limitations of Prevailing Legal Frameworks
Prohibitions on Appearance Discrimination
A Comparative Approach: European Responses to Appearance Discrimination
The Contributions and Limitations of Legal Prohibitions on Appearance Discrimination
Consumer Protection: Prohibitions on False and Fraudulent Marketing Practices
Directions for Reform

7. Strategies for Change
Defining the Goal
Individuals
Business and the Media
Law and Policy

About the Author

Deborah L. Rhode is the Ernest W. McFarland Professor of Law and the Director of the Center on the Legal Profession at Stanford University. She has a Yale BA and JD, and is a former law clerk of Justice Thurgood Marshall, a former president of the Association of American Law Schools, a former chair of the American Bar Association's Commission on Women in the Profession, and a former director of both Stanford's Center on Ethics and its Institute for Research on
Women and Gender. She is the author or coauthor of twenty books, including In the Interests of Justice (OUP 2003), Access to Justice (OUP 2004), and Ethics in Practice (OUP 2003), and over 200 articles,
and is the nation's most cited scholar on professional responsibility.

Reviews

"The book is illuminating and important: it explores the often unacknowledged, yet pervasive, discrimination against people, particularly women, who don t conform to mainstream notions of beauty and appearance [Rhode] is the one of the country's leading scholars in legal ethics and gender Rhode is incredibly prolific."--Danielle Citron, Concurring Opinions
"[Rhode] is convincing in her arguments that laws punishing appearance discrimination might be a logical step in exactly the right direction it's hard to deny the validity of the problem that she confronts. And it's even harder to ignore the extent to which concerns about appearance shape our daily lives. Rhode so clearly enumerates the costs to society incurred by appearance discrimination that readers judges and lawmakers included will find themselves
unsettled."--Christian Science Monitor
"Provocative Rhode is at her most persuasive when arguing that in the United States, the penchant to discriminate against unattractive women (and also short men) is as pernicious and widespread as bias based on race, sex, age, ethnicity, religion, and disability. She provides overwhelming evidence of bias against the overweight, the unattractive, and the aging. And while some of these cases may be covered under the Americans with Disabilities Act or race
discrimination law, most are not."--Dahlia Lithwick, Slate.com
"This book is extremely well written. There are plenty of everyday examples of appearance discrimination and the book is written with a passion and enthusiasm that sweeps the reader along...a call to arms...No doubt it will create a considerable body of literature and much debate."--Legal Studies
"Rhode writes clearly and thinks deeply. I found her case convincing morally and legally."--Dallas Morning News
"This is a well-researched and thoughtful exploration of beauty ideals in legal, professional and other hard-hitting real-life spheres. A serious contribution to the literature of the politics of appearance."--Naomi Wolf, author of The Beauty Myth
"Rhode's insightful analysis and lively writing style brilliantly lays out the ways in which prescriptions about appearance, whether mandated by the law, influenced by the billion dollar cosmetics industry, or the leaders of social movements, affect people's opportunities and their everyday lives."--Cynthia Fuchs Epstein, Past President, American Sociological Association; Professor of Sociology, CUNY Graduate Center
"When the fastest-growing medical specialty is cosmetic surgery, we should all be concerned. Deborah Rhode's analysis offers real insight into what compels our 'beauty behavior,' the economic consequences, and what we can-and must-do about it. This book should be on every woman's bookshelf."--Kim Gandy, Former President, National Organization for Women
"Deborah Rhode uncovers 'beauty bias' as an obstacle for women every bit as disabling as sex or gender discrimination, but more damaging because it is virtually immune to legal challenge. Her discourse and strategies for ending appearance discrimination speak to every woman and should be supported by all people concerned with social justice."--Herma Hill Kay, University of California, Berkeley School of Law

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