Volume XXV
Issue
3

The Hypocrisy of Sex or Pregnancy-Based Affirmative Action

by Ruth Colker
The Supreme Court’s sex-based jurisprudence has always been a mess; the Court, for example, is not even willing to conceptualize pregnancy-based discrimination as sex discrimination. But, oddly, within this mess, […]

Unintended Consequences of Fetal Personhood Statutes: Examples from Tax, Trusts, and Estates

by Bridget J. Crawford with Alexis C. Borders and Katherine Keating
The laws of taxation, trusts, and estates are new fronts in the culture wars over abortion. After the Supreme Court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization, some […]

On the Human Right to Healthy Menstruation

by Bridget J. Crawford
This short essay introduces the Bellagio Declaration on the Human Right to Healthy Menstruation, a statement signed by an interdisciplinary group of academics, artists, policymakers, clinicians, and practitioners in 2024. […]

Flattening Breast Cancer by Removing the Breasts: Protecting a Woman’s Right to Choose Reconstruction of an Aesthetic Flat Chest After a Mastectomy

by Amelia Landenberger
Breast cancer takes away women’s choices. Many women decide to regain control of their bodies and prevent future cancer or follow-up surgeries by having a double mastectomy without any reconstruction, […]

Only Useful as a Uterus: How to Shape State and Personal Safeguards on the Implementation of Whole Body Gestational Donation to Protect the Value of Women as Whole Persons

by Elizabeth M. Gilbert
This Note analyzes whole body gestational donation, as proposed by ethicist Anna Smajdor, and the organ donation consent laws that would be implicated by implementation of such a system. Further, […]

The Networks: The Coordinated Mobilization of Doctors for Bans on Gender Affirming Healthcare for Minors

by Lindsay Sergi
A key feature of the current anti-LGBTQ backlash is opposition to gender affrming medical care for minors. Anti-trans activists bring out physicians to argue that “science” shows that gender affrming […]

The Current Cultural Defense Framework: Misconception of Minority Cultures and Disregard of Gender Antisubordination Values

by Xinyue Shen
American courts tend to accept cultural defenses raised by minority defendants attempting to explain their sex-subordinating crimes when the sexist norms underlying their cultural claims converge with those norms still […]