Philosophy Commons^™

Baby M Turns 30: The Law And Policy Of Surrogate Motherhood, Eric A. Feldman

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This article marks the 30th anniversary of the Supreme Court of New Jersey’s Baby M decision by offering a critical analysis of surrogacy policy in the United States. Despite fundamental changes in both science and society since the case was decided, state courts and legislatures remain bitterly divided on the legality of surrogacy. In arguing for a more uniform, permissive legal posture toward surrogacy, the article addresses five central debates in the surrogacy literature.

First, should the legal system accommodate those seeking conception through surrogacy, or should it prohibit such arrangements? Second, if surrogacy is permitted, what steps can be …

Consent And Coercion, Kimberly Kessler Ferzan

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There are substantial disputes as to what sorts of behavior constitute coercion and thereby undermine consent. This disagreement was on full display during the public fray over Aziz Ansari’s behavior on a date. Whereas some commentators condemned Ansari’s behavior as nothing short of sexual assault, others believed his behavior did not rise to the level of undermining consent.

This Article claims that the way forward is to see that there are two normative functions for coercion, and each is at play with respect to consent. Sometimes coercion is about the blameworthiness of the coercer, and sometimes coercion is about the …

The Legal Limits Of “Yes Means Yes”, Paul H. Robinson

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This op-ed piece for the Chronicle of Higher Education argues that the affirmative consent rule of "yes means yes" is a useful standard that can help educate and ideally change norms regarding consent to sexual intercourse. But that goal can best be achieved by using “yes means yes” as an ex ante announcement of the society's desired rule of conduct. That standard only becomes problematic when used as the ex post principle of adjudication for allegations of rape. Indeed, those most interested in changing existing norms ought to be the persons most in support of distinguishing these two importantly different …

The Disadvantages Of Immigration Restriction As A Policy To Improve Income Distribution, Howard F. Chang

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In this Article, I argue that tax and transfer policies are more efficient than immigration restrictions as instruments for raising the after tax incomes of the least skilled native workers. Policies to protect these native workers frol1'l immigrant competition in the labor market do no better at promoting distributive justice and are likely to impose a greater economic burden on natives in the country of immigration than the tax alternative. These immigration restrictions are especially costly given the disproportionate burden that they place on households with working women, which discourages fel1'wle participation in the labor force. This burden runs contrary …

Originalism And Its Discontents (Plus A Thought Or Two About Abortion), Mitchell N. Berman

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No abstract provided.

Privacy Isn't Everything: Accountability As A Personal And Social Good, Anita L. Allen

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No abstract provided.

Something For Nothing: Liberal Justice And Welfare Work Requirements, Amy L. Wax

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Welfare reform legislation enacted in 1996, which created the Temporary Assistance for Needy Families (TANF) program, makes entitlement to federal poor relief conditional on fulfilling work requirements. The article addresses the following timely question: whether just liberal societies should require work as a condition of public assistance for the able-bodied, or whether aid should be provided unconditionally through, for example, a basic guaranteed income for all. Drawing on the work of liberal egalitarian theorists, the article investigates whether standard liberal theories of justice can help make sense of arguments commonly voiced in favor of work requirements: that unconditional welfare guarantees, …

Speaking Volumes: Musings On The Issues Of The Day, Inspired By The Memory Of Mary Joe Frug, Regina Austin, Elizabeth M. Schneider

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No abstract provided.

Mary Joe Frug's Postmodern Feminist Legal Manifesto Ten Years Later: Reflections On The State Of Feminism Today·, Regina Austin, Elizabeth M. Schneider

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No abstract provided.

Gender And Privacy In Cyberspace, Anita L. Allen

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No abstract provided.

Coercing Privacy, Anita L. Allen

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No abstract provided.

Genetic Testing, Nature, And Trust, Anita L. Allen

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No abstract provided.

Self-Defense As A Rational Excuse, Claire Oakes Finkelstein

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No abstract provided.

The Unrealized Power Of Mother, Dorothy E. Roberts

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No abstract provided.

The Proposed Equal Protection Fix For Abortion Law: Reflections On Citizenship, Gender, And The Constitution, Anita L. Allen

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No abstract provided.

Cross-Cultural Commerce In Shakespeare's The Merchant Of Venice, Anita L. Allen, Michael R. Seidl

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No abstract provided.

"But Whoever Treasures Freedom...": The Right To Travel And Extraterritorial Abortions, Seth F. Kreimer

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No abstract provided.

The Jurisprudence Of Jane Eyre, Anita L. Allen

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No abstract provided.

Autonomy's Magic Wand: Abortion And Constitutional Interpretation, Anita L. Allen

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No abstract provided.

Tribe's Judicious Feminism, Anita L. Allen

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No abstract provided.

Surrogacy, Slavery, And The Ownership Of Life, Anita L. Allen

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No abstract provided.

Equality And Private Choice, Anita L. Allen

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No abstract provided.

Privacy, Surrogacy, And The Baby M Case, Anita L. Allen

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No abstract provided.