Law Commons^™

Coverage Of Reproductive Technologies Under Employer-Sponsored Health Care Plans, Elizabeth Pendo

Articles

The federal courts have issued two important decisions regarding non-discriminatory insurance coverage of conditions and treatments associated with sex, disability or both, such as prescription contraception and infertility treatment. Cases like Erickson and Saks are important because, as ERISA scholars know, state law mandates regarding coverage are unlikely to lead to uniform results due to the structure of ERISA's preemption provisions, and none of the federal proposals addressing infertility treatment or prescription contraception have been enacted to date.

What I would like to do is outline the impact of ERISA in this area, and offer some thoughts on one of …

Forces Shaping The Law Of Cohabitation Of Opposite Sex Couples, Margaret Mahoney

Articles

Concerns about the institution of marriage have worked to slow the development of a legal status for unmarried, opposite sex couples in the United States. Many forces have shaped the development of law in this field. First, historically, in our Anglo-American tradition, non-marrital cohabitation was viewed as immoral and socially unacceptable. This viewpoint found expression, for example, in widely enacted state criminal cohabitation statutes.

The first Part of this Article focuses on the criminal regulation of unmarried cohabitation, highlighting its present day ramifications for unmarried couples. Notably, state lawmakers have repealed the criminal cohabitation statutes in all but a handful …

Dimensions Of Equality In Regulating Assisted Reproductive Technologies, Mary Crossley

Articles

Although concerns about individual liberty and the nature and extent of reproductive freedom have tended to dominate discussions regarding the proliferation of and access to reproductive technologies, questions about the implications of assisted reproductive technologies (ARTs) for equality have also arisen. Despite the high number of invocations of equality in the literature regarding ARTs, to date little effort has been made to comprehensively examine the implications of ARTs for equality. This short Article seeks to highlight the variety of equality issues that ARTs present and to develop a framework for classifying different types of equality issues. Specifically, I suggest that …