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Sex Selection: Regulating Technology Enabling the Predetermination of a Child's Gender
(Harvard Journal of Law & Technology, 1992)
The debate over the prohibition of sex (or gender) selection (also known as "preselection" or "predetermination"), has focused almost exclusively on the context of aborting a "wrong-sex" fetus after a fetal gender-identification ...
Inferring Desire
(Duke Law Journal, 2013)
In the course of debates over same-sex marriage, many scholars have proposed new legal definitions of sexual orientation to better account for the role of relationships in constituting identities. But these discussions ...
How the First Forty Years of Circuit Precedent Got Title VII's Sex Discrimination Provision Wrong
(Texas Law Review Online, 2019)
The Supreme Court will soon decide whether, under Title VII of the Civil Rights Act of 1964, it is discrimination “because of sex” to fire an employee because of their sexual orientation or transgender identity. There’s a ...
Pregnant People?
(Columbia Law Review, 2019)
In their article Unsexing Pregnancy, David Fontana and Naomi Schoenbaum undertake the important project of disentangling the social aspects of pregnancy from those that relate to a pregnant woman’s body. They argue that ...
Efficient Deterrence of Workplace Sexual Harassment
(University of Chicago Legal Forum, 2019)
Although sexual harassment imposes costs on both victims and organizations, it is also costly for organizations to reduce sexual harassment. Legislation, education, training, and litigation have all been unsuccessful in ...