Law Commons^™

Transgender Theory: Reprogramming Our Automated Settings, Marybeth Herald

Marybeth Herald

Over the course of the last few decades, both law and society have struggled to deprogram unhelpful and downright destructive gender stereotypes that are ubiquitous in our everyday existence. It has not been an easy task, nor entirely successful on either the legal or cultural front. Laws that prohibit gender discrimination, such as Title VII, have helped end overt discrimination. The next phase involves the challenging problem of unconscious bias, which often effectively keeps us treading the same mental paths while bypassing any roads not traveled.

It is not surprising then that when the validity of even the basic categories …

Unconstitutional Constitution Day, Kent Greenfield

Kent Greenfield

No abstract provided.

Double Jeopardy And Multiple Punishment: Cutting The Gordian Knot, Anne Poulin

Anne Poulin

Courts and commentators treat as axiomatic that the Double Jeopardy Clause protects against multiple punishment as well as reprosecution after acquittal and reprosecution after conviction. They struggle to define a double jeopardy jurisprudence that accommodates all three. By applying the same rules to both multiple punishment and successive prosecution, they undermine core double jeopardy protection. When a defendant claims multiple punishment, legislative will governs, and fragmentation of offenses is acceptable. Successive prosecution claims warrant greater protection. However, because courts apply the same rules to both issues, they inject legislative deference into successive prosecution analysis, reducing double jeopardy protection. Instead, protection …

Eyes Wide Shut: Erasing Women's Experience, From The Clinic To The Courtroom, Marybeth Herald, Ellen Waldman

Marybeth Herald

n his decade long exploration of female sexuality, Sigmund Freud professed to be on a mission to answer the elusive question, what do women want. Unfortunately, the 19th century psychiatrist was unable to separate that question from the one he ultimately answered, What do men want women to want? In some sense, Freud's inquiries provide an apt metaphor for the medical professions' stance toward female experience. When confronted with the difference presented by the female body as well as women's unique life experience, the medical field has responded with approaches that range from bemusement to hostility to intense indifference.

Although …

Modeling Constitutional Doctrine (Symposium), Mark D. Rosen

Mark D. Rosen

No abstract provided.

In Closing: Fighting Might With Rights, Kent Greenfield

Kent Greenfield

No abstract provided.

Protecting Children From Speech, Alan E. Garfield

Alan E Garfield

Public concern about minor access to inappropriate speech (violent, sexual, vice advertising) has led to an onslaught of regulatory responses in recent years. Courts have wrestled with the constitutionality of these regulations but their decisions have provided little clarity as to what legislators may or may not do. In this Article, I guide legislators and judges through the thicket of child-protection censorship. I cut through the mass of precedent, empirical studies, and scholarship to distill the child-protection/free speech conflict into a series of comprehensible questions. By identifying the key questions underlying the conflict, I draw attention to the core constitutional …