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December 20, 2018

Arguing with the Building Inspector About Gender-Neutral Bathrooms

Conventional interpretations of building codes are among the greatest barriers to building the gender-neutral bathrooms of the future. Focusing on the example of schools, this Essay argues for a reinterpretation of the International Building Code in light of its policy goals: safe, private, and equitable access to public bathrooms. Under this reinterpretation, the Code allows all public bathrooms to be gender-neutral.

November 19, 2017

The Wages of Genetic Entitlement: The Good, the Bad, and the Ugly in the Rape Survivor Child Custody Act

This Essay analyzes flaws and assumptions in the recently enacted Rape Survivor Child Custody Act. The RSCCA offers a window into the problems with defining parenthood in terms of genes instead of caretaking relationships, which is what led to the problem of rapists being able to claim parental rights in the first place. Rather than address that underlying defect in family law, the statute attempts a solution that might work if all rapists were strangers, all rapists were men, and all rape victims were women, but glosses over complicated problems of violence and coercion in relationships. Despite this failure to grapple with hard cases, the RSCCA helps us see how the biological processes of reproduction are necessarily intertwined with the definition of legal parenthood.

November 10, 2008

Instead of ENDA, A Course Correction for Title VII

The LGBT community may soon win a legal victory that has been decades in the making: passage of the Employment Non-Discrimination Act (ENDA).  As passage of the bill becomes more likely, debates about how much to compromise for that victory have become increasingly important.  The current version of ENDA represents a series of compromises that should now be reconsidered.