Law Commons^™

Discriminating Gender: Legal, Medical, And Social Presumptions About Transgender And Intersex People, Janet L. Dolgin

Hofstra Law Faculty Scholarship

"Discriminating Gender: Legal, Medical, and Social Presumptions About Intersex and Transgender People” analyzes the significance of the binary-gender presumption in legal responses to intersex people and to transgender people. Both intersex and transgender status challenge familiar understandings of gender, sex, bodies, and personhood. Intersexuality challenges the cultural belief that that everyone can be, and should be, categorized as female or as male. And transgender status challenges the belief that gender and sex are always coincident and that they are established at a person’s birth. More fundamentally, differences in social and legal responses to both transgender people and to intersex people …

The Principles On Agreements: "Fairness" And International Human Rights Law, Barbara J. Stark

Hofstra Law Faculty Scholarship

Family law is again in turmoil, and the ALI Principles are an ambitious and sometimes inspired effort to increase clarity and fairness. This turmoil can be attributed to two major factors. First, family law is ground zero in the gender wars. Second, family law is reeling from the upheavals of globalization. These factors provide the backdrop against which the dilemmas addressed in Chapter 7, Agreements, play out.

Chapter 7 focuses on a particularly intriguing tension, between commercial contracts and premarital agreements. This tension is grounded in the broader tension between American views on freedom of contract and autonomy in general, …