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February 12, 2019 Feature

Annual Survey of Periodical Literature

Kendra Huard Fershee

This Annual Survey of Periodical Literature provides a sampling of law review articles published in 2017 and 2018. It highlights the variety and depth of family law research produced during this period and calls attention to currently debated hot topics. Full articles are available through most major electronic or print sources.


Dorothy Franks, The Rumor on Adopting Children for Their Organs: A Compelling Reason to Address a Thriving Organ Black Market and the Prevalence of Children Being Trafficked into Adoption, 14 J. Health & Biomed. L. 169 (2018). Discussed the need to fix the organ transplants system, the trafficking of children for money, the adoption baby rumor. Dispelled the social issues contributing to the rumor in order to dispel the rumor and its impacts. Analyzed UN policy on the adoption rumor. Discussed many countries’ policies on international adoptions and the fear tourists face while traveling to different countries with their children. Examined how the rumor has changed adoption worldwide.

Malinda L. Seymore, Adopting Civil Damages: Wrongful Family Separation in Adoption (Texas A&M University School of Law Legal Studies Research Paper No. 18-35, 2018), Examined business model of adoption in light of family separation at the U.S./Mexico border. Explained how litigation could force adoption agencies to change their practices. Proposed new type of tort action known as “wrongful family separation.”

Crystal L. Welch, The Umbilical Cord That Binds: Cross-Cultural Examination of the Politics of Achieving Effective Permanency and Adoption Policies in the United States and Brazil, 45 Cap. U. L. Rev. 653 (2017). Contrasted Brazil’s child welfare and foster care policies with those of the United States. Advocated for the kinship care model—popular among African Americans—that encourages relatives to volunteer as caregivers for youths seeking permanency.

Alternative Dispute Resolution

Brooks W. Boron, Planned Parenthood v. Public Opinion: How Alternative Dispute Resolution Techniques Created a Crisis Response Strategy, 32 Ohio St. J. Disp. Resol. 3 (2017). Discussed Planned Parenthood’s struggling reputation in the “court of public opinion,” and how taking routes other than congressional hearings, such as alternative dispute resolution techniques, can “curb the crisis” and create a stable line of communication between Planned Parenthood and the public. Considered other organizations, and how those organizations can implement mediation and negotiation techniques to combat future scandals.

Margaret Drew, Collaboration and Intention: Making the Collaborative Family Law Process Safe(r), 23 Ohio St. J. Disp. Resol. 373 (2017). Explored how a collaborative attorney and other professionals can make negotiation for an abused family law client a safe process. Stated that, although inherently unsafe, there are instances in which the collaborative process could be preferred, and how a team can work to make a comfortable space for settlement discussions among the parties. Found that the collaborative parties must first acknowledge the inherent history of coercion that is found in abusive relationships and make sure that it does not impede on the negotiations.

Assisted Reproductive Technologies

Gregory S. Alexander, Of Buildings, Statutes, Art and Sperm: The Right to Destroy and the Duty to Preserve, 27 Cornell J.L. & Pub. Pol’y 619 (2018). Investigated distinctions property law makes or does not make in regard to the right to destroy. Analyzed the right to destroy from the perspective of the human flourishing theory in regard to frozen sperm. Described what is at stake in the disputes of destructions and suggests a framework for resolving these disputes.

Katie Christian, “It’s Not My Fault!”: Inequality Among Posthumously Conceived Children and Why Limiting the Degree of Benefits to Innocent Babies Is a “No-No!”, 36 Miss. C. L. Rev. 194 (2017). Explained the notion of “posthumous babies,” and how those babies are born through assisted reproductive technologies (ART). Noted that posthumous babies are sometimes subjected to an unequal distribution of inheritance rights. Found that posthumous children experience difficulties in receiving Social Security benefits under the Social Security Act. Argued that the current standard ignores the intent of the gestational parent and does not keep up with the reproductive technology that we now have.

Katherine Farese, The Bun’s in the Oven, Now What?: How Pre-Birth Orders Promote Clarity in Surrogacy Law (Dec. 15, 2017) (unpublished comment) (on file with the Miss. L.J.), Explained surrogacy arrangements, differing state laws on surrogacy, and pre-birth orders. Recommended the use of pre-birth orders to clarify surrogacy contracts.

Eric A. Feldman, Baby M Turns 30: The Law and Policy of Surrogate Motherhood, 44 Am. J.L. & Med. 7 (2018). Explained progress in surrogacy laws thirty years after the Baby M decision. Argued in favor of uniform surrogacy regulations.

Daniel Green, Note, Assessing Parental Rights for Children with Genetic Material from Three Parents, 19 Minn. J.L. Sci. & Tech. 251 (2018). Noted that recent success of mitochondrial replacement therapy in reproduction will likely have implications in U.S. jurisprudence. Stressed the need for proactive legislation proscribing a strict rule to prevent inconsistent outcomes for families.

Simon Jenkins et al., Who Gets the Gametes? An Argument for a Points System for Fertility Patients, 33 Bioethics 16 (2018). Proposed that the current system of allocating donated gametes on a first-come, first-served basis should be replaced by a system that considers morally relevant criteria and distributes points accordingly. Concluded that age, substance use, and childlessness should be factors in determining the order in which patients receive treatment.

Sital Kalantry, Regulating Markets for Gestational Care: Comparative Perspectives on Surrogacy in the United States and India, 27 Cornell J.L. & Pub. Pol’y 685 (2018). Compared surrogacy market in India to that of the eighteen U.S. states without surrogacy regulations. Questioned why the unregulated U.S. surrogacy market provides more protections for surrogates than the equally unregulated surrogacy market in India. Argued that the American legal system is more prone to recognizing the freedom to contract in surrogacy cases and more accessible than the Indian justice system. Concluded that the difference in accessibility accounts for the lack of standard protections in the Indian surrogacy market.

Jenni Millbank, Exploring the Ineffable in Women’s Experiences of Relationality with Their Stored IVF Embryos, 23 Body & Soc’y 95 (2017). Simplified and made a more nuanced approach to the decision making behind a woman’s choices to store and use stored embryos. Examined the emotions involved in making such important decisions and how this reflects in woman’s lived experiences of in vitro fertilization.

Benjamin S. Paulsen, Note, A Stranger in the Eyes of the Court: How the Judicial System is Failing to Protect Nonbiological LGBTQ Parents, 2018 U. Ill. L. Rev. 311 (2018). Advocated for legislative reform to address the needs of unmarried LGBTQ parents. Argued that legislative focus should not rely solely on genetics; rather, legislative focus should account for traditional de facto parentage laws and a common best interest analysis to apply factors courts use in determining a child’s best interest.

Russell A. Spivak et al., Moratoria and Innovation in the Reproductive Sciences: Of Pretext, Permanence, Transparency, and Time Limits, 14 J. Health & Biomed. L. 5 (2018). Examined the history of moratoria on reproductive technologies in the United States. Argued moratoria can be useful to prevent ethically questionable experiments from occurring without properly considering the implications, but moratoria are often used to legislate against advances in technology that legislators may disagree with for personal reasons.

Alice Wade, The Waning of the Indian Child Welfare Act: How Mediation May Help Save the Act and Preserve Its Original Intent, 18 Cardozo J. Conflict Resol. 829 (2017). Proposed amending § 1911(b) of the Indian Child Welfare Act to require mediation in cases involving concurrent jurisdiction. Explained history of mediation in Native American culture and how the proposed amendment would strengthen cross-cultural understanding in adoption, child custody, and foster care disputes.

Child Custody

Amy B. Cyphert, Prisoners of Fate: The Challenges of Creating Change for Children of Incarcerated Parents, 77 Md. L. Rev. 385 (2018). Explored and outlined the various detriments faced by children whose parents have been or are currently incarcerated. Analyzed the federal sentencing process in criminal cases and United States v. Booker. Evaluated proposed legislative and judicial change and hypothesized the possibility of such change under the Trump administration. Offered two recommendations to remedy issues faced by children of incarcerees: (1) the use of Rule 32(d)(2)(G) of the Federal Rules of Criminal Procedure by federal judges to require a Family Impact Statement at sentencing and (2) the implementation of moderate, low-cost improvements to prison visitation policies.

Robert N. Jacobs & Christina Riehl, Doing More for Children with Less: Multidisciplinary Representation of Poor Children in Family Court and Probate Court, 50 Loy. L.A. L. Rev. 1 (2017). Examined a series of case studies to show why multidisciplinary representation of a child’s interests is needed in custody issues. Recommended the use of triage principles to determine if a child should be appointed counsel or if there is an alternative means by which the child’s interests can be served.

Tricia Kazinetz, You Can’t Have One Without the Other: Why the Legalization of Same Sex Marriage Created a Need for Courts to Have Discretion in Granting Legal Parentage to More Than Two Individuals, 24 Widener L. Rev. 179 (2018). Argued that post-Obergefell evolution of family law should allow courts to have the discretion to recognize more than two legal parents if such a finding is in the best interests of the child.

Solangel Maldonado, Bias in the Family: Race and Culture in Custody Disputes, 55 Fam. Ct. Rev. 213 (2017). Examined the role of racial, ethnic, and cultural bias in custody cases. Analyzed where the court considers these biases, where it is clear that they affected the decision, and where the court did not use these biases in reaching a decision. Explored ways to avoid biases.

Patrick Parkinson & Judy Cashmore, Reforming Relocation Law: An Evidence-Based Approach, 53 Fam. Ct. Rev. 23 (2015). Provided empirical data concerning relocation disputes. Discussed the experience of families involved in disputes. Proposed that relocation disputes should be resolved on the basis of three questions. First, how important is maintaining the relationship to the child’s development? Second, how viable is contact with the nonresident parent if relocation is allowed? Third, are there viable alternatives to the parents living a long distance apart?

Jeffrey A. Parness & Matthew Timko, De Facto Parent and Nonparent Child Support Orders, 67 Am. U. L. Rev. 769 (2018). Explored existing child support laws with regard to de facto parents and nonparents. Offered ideas and suggestions for reform. Urged the American Law Institute, as well as other legal organizations, to take a comprehensive approach in addressing the issue.

Rachel Turetsky, Prohibiting Child-Parent Visitation After Parental Rights Are Terminated by Trial in New York: A Denial of Parental Due Process, 38 Cardozo L. Rev. 2233 (2017). Discussed the New York Court of Appeals holding on the state of post-termination visitation in New York and how the statutory framework regarding terminations still needs a legislative fix. Argued that a post-termination contract should be available as an option to parents after a trial or surrender of a child. Asserted that the contract should then be approved by a family court judge, and the standard of “best interest of the child” should always be in effect.

Barbara Vargo, Note, Who Can Sue? The Sixth Circuit in D.O. v. Glisson Deepens the Split over a Private Right of Action to Foster Care Maintenance Payments, 51 Creighton L. Rev. 215 (2017). Asserted that the Sixth Circuit erred in D.O. v. Glisson by conferring a right to sue upon foster families for payment of child maintenance. Argued that the Sixth Circuit’s holding worsens the circuit split because congressional intent with regard to the Federal Adoption Assistance and Child Welfare Act is unclear.

William Vesneski et al., An Analysis of State Law and Policy Regarding Subsidized Guardianship for Children: Innovations in Permanency, 21 UC Davis J. Juv. L. & Pol’y 27 (2017). Examined state guardianship statutes and administrative codes. Suggested that states use discretion to create guardianship policies beyond the framework provided by federal law. Suggested that states prefer guardianship and frame legislation to increase discretionary power.

Child Protection

Maria L. Asención, Classified Websites, Sex Trafficking, and the Law: Problem and Proposal, 12 Iɴᴛᴇʀᴄᴜʟᴛᴜʀᴀʟ Hᴜᴍ. Rᴛs. L. Rᴇᴠ. 22 (2017). Addressed the common misconception that human trafficking is only an international problem and examines the issue of child human trafficking in the United States. Analyzed how classified websites perpetuate the problem and suggests solutions to legislative change to decrease rates of human trafficking in the U.S.

Emily A. Benfer, Contaminated Childhood: How the United States Failed to Prevent the Chronic Lead Poisoning of Low-Income Children and Communities of Color, 41 Hᴀʀᴠ. Eɴᴠᴛl. L. Rᴇᴠ. 493 (2017). Argued that federal laws and policy have failed to protect low-income children and communities of color from lead poisoning through the failure to regulate federal subsidized housing. Asserted that this failure contributes and perpetuates the growing number of health problems for children in these communities and diminishes civil rights protections.

Ariella Binik, Does Benefit Justify Research with Children?, 32 Bioethics 27 (2018). Described the ethical difficulties that arise in clinical research involving children. Discussed children’s capacity to provide informed consent. Noted that, although consensus dictates that children’s participation in clinical research can be justified, this justification cannot be anchored in “benefit arguments” alone.

Theodore P. Cross & Irit Hershkowitz, Psychology and Child Protection: Promoting Widespread Improvement in Practice, 23 Psychol. Pub. Pol’y & L. 503 (2017). Examined three underutilized tools in the arena of child protection: forensic interviewing, well-being measurement, and evidence-based practice. Suggested that a greater societal commitment to protecting vulnerable children would help facilitate a broader implementation of these tools.

Gregory W. Donaldson, Note, How the United States’ Temporary Assistance for Needy Families Program Violates Its Customary International Law Obligations Founded in the Convention on the Rights of the Child, 45 Ga. J. Int’l & Comp. L. 315 (2017). Discussed history and current state of child welfare laws. Analyzed the child protection international standard in the United States and evaluated how certain obligations, internationally, could affect child welfare policies. Discussed the 1989 Convention on the Rights of the Child and how obligations are created therein. Proposed a framework that can be “applied to all legislation that adversely affects children.

Lucinda Ferguson, An Argument for Treating Children as a “Special Case”, in 1 Phil. Found. Child. & Fam. L. 272 (Elizabeth Brake & Lucinda Ferguson eds., Oxford U. 2018). Traced historical development of the law’s view of children. Analyzed and responded to prevailing arguments concerning how children ought to be viewed. Suggested children’s interests should be prioritized in legal contexts because of their unique position in society.

Maureen Hanlon, Biased Adults, Brash Youth, and Uneven Punishment: The Need for Increased Legal Protections for Youth, 62 St. Louis. U. L.J. 969 (2018). Discussed how the brain development affects behaviors, the behavioral and psychological research of biases in decision makers. Argued that the legal framework in schools does not protect against biased decision making and instead encourages decision-maker bias. Contended that there needs to be an increase in procedural and substantive protections available to the youth.

Claire Houston, Whatever Happened to the “Child Maltreatment Revolution”?, 19 Geo. J. Gender & L. 1 (2017). Evaluated the current disparities in the legal system’s treatment of child maltreatment and domestic violence. Examined how child maltreatment and domestic violence were once treated similarly but finds major divergence from the once-similar treatment of the two issues. Traced the disparity to the feminist revolution’s focus on domestic violence. Argued that the disparity stems from the feminist revolution’s failure to address and revolutionize child maltreatment with the same rigor it used to address and revolutionize domestic violence. Suggested the premise that, because courts overemphasize the value of parental rights, children suffer, and the best interest is largely ignored. Concluded that the best approach is one similar to the feminist movement, which shifted the focus from strongly urged reconciliation to the punishment of abusers. Hypothesized that a feminist analysis could lead to the legal system’s increased focus on the condemnation of child maltreatment and the protection of children as opposed to encouraged reunification.

Lynee M. Kohm, Can a Dead Hand from the Grave Protect the Kids from Darling Daddy or Mommie Dearest?, 31 Qᴜɪɴɴɪᴘɪᴀᴄ Pʀᴏʙᴀᴛᴇ L.J. 48 (2017). Examined the legal problems that arise when a primary caregiver or parent dies. Considered whether a parent can protect his or her child testamentary and analyzes the law in this area. Made suggestions to practicing attorneys on how to best protect the interests of children in handling these cases.

Sharlene Koonce, Child Sexual Exploitation Compels a Multifaceted Analysis: Refining the Supply and Demand Approach, 21 UC Davis J. Juv. L. & Pol’y 1 (2017). Proposed that child exploitation will not be abolished by only “end demand” efforts because the problem requires a multilayered approach. Concentrated on causes of the commercial sex industry of children. Evaluated how certain complex factors in a child’s life can make a child more vulnerable to exploitation. Offered suggestions for requirements aimed at abolishing child sexual exploitation.

Jeruska Lugo-Sánchez, Note, Do Amendments to the Fair Labor Standards Act as Applied to Puerto Rico Implicitly Encourage Employers to Benefit at the Expense of Young Workers?, 45 Hofstra L. Rev. 1309 (2017). Examined the history of Puerto Rico’s economy and the events leading to its debt crisis. Discussed legal and social concerns generated by the enactment of the Fair Labor Standards Act (FLSA) and its amendments. Evaluated advantages of subminimum wages. Assessed how the failure to regulate employers will likely continue supporting the displacement of older employees and those on probationary periods. Analyzed legislative intent with regard to the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA) and determined there was strong opposition to minimum wage. Proposed amendments to § 403, which would implement clear regulations and sanctions for employers who choose benefit from the subminimum wage at the expense of their employees. Suggested that adoption of the amendments to § 403 is in the best interest of the people of Puerto Rico.

Carolyn McNamara, Note, Cyberbullying Beyond the School-Gate: Does Every Student Deserve a National Standard of Protection?, 45 Hofstra L. Rev. 1343 (2017). Contended that federal law, specifically the “Bullying Reform Act,” is necessary to combat bullying in grade school children. Stated that this law would allow school administrators to discipline students who choose to cyberbully other students on- or off-campus. Discussed how the Bully Reform Act could be implemented by amending the “Every Student Succeeds Act” to allow Title I grant money to be given to states choosing to adopt education policies focused on anti-cyberbullying. Defined cyberbullying, while also closely examining its significance, consequences, and overall impact on students. Revealed that federal law fails to address cyberbullying to the necessary extent, which has caused inconsistencies in state anti-cyberbullying policies. Suggested that a federal law setting minimum standards for school intervention would ultimately prevent many lawsuits and would also help victims.

Edrina Nazaradeh, There Is No Such Thing as a Child Prostitute: Why Decriminalization Is Only the First Step in California, 45 Pepp. L. Rev. 189 (2018). Argued that Senate Bill 1322, which granted children under eighteen years of age immunity from prosecution, properly amended California law to align with federal standards to recognize child prostitutes as victims and not criminals. Asserted that decriminalization does not meet the goal of protecting child victims. Urged California lawmakers to consider a comprehensive plan and proposes that victims should be directed to safe houses and perpetrators should face stricter penalties.

Aaron Neishlos & Michael D’Ambrosio, The Other Pill: Expanding Access to Pre-Exposure Prophylaxis to Prevent HIV Transmission Among Minors in New York, 44 Fordham Urb. L.J. 725 (2017). Explained methods for treatment and prevention of HIV/AIDS. Discussed legal rights of minors to consent to medical treatment. Suggested that, like contraception, minors should be able to consent to HIV prophylactic medication.

Brian O’Shea, Note, A New Method to Address Cyberbullying in the United States: The Application of a Notice-and-Takedown Model as a Restriction on Cyberbullying Speech, 69 Fed. Comm. L.J. 119 (2017). Defined the problem of cyberbullying and criticized lawmakers’ shortcomings in addressing the crisis. Discussed the European Union’s “right to be forgotten” approach and evaluated its likelihood of failure if it was implemented in the United States and challenged under the First Amendment. Proposed that U.S. lawmakers should use the European Union’s Digital Millennium Copyright Act (DMCA) as a framework to address cyberbullying. Suggested that a notice-and-takedown method similar to the DMCA would likely survive First Amendment challenges.

Cheryl “Shelly” T. Page, Childhood Obesity and Its Effects on Students’ Academic Performance, 21 UC Davis J. Juv. L. & Pol’y 79 (2017). Discussed childhood obesity and its impact on academic development. Examined the history of policies regarding nutrition in school lunch programs. Discussed the school lunch programs today and the availability of sugary food and beverages. Explained nationwide mandates and federal nutritional policies regarding school food programs’ attempts to eliminate poor eating habits. Acknowledged multiple factors play into a student’s lacking academic performance, with childhood obesity being a major component. Suggested that legislation could eliminate this detriment to students’ academic success.

Kajal Parel, Child Prostitutes or Sexually Exploited Minors: The Deciding Debate in Determining How Best to Respond to Those Who Commit Crimes as a Result of Their Victimhood, U. Ill. L. Rev. 1545 (2017). Argued that diversion laws are not appropriate to deal with minors forced into prostitution. Argued that state safe-harbor laws are the most helpful in prosecution. Urged that conditioning treatment and rehabilitation services do not aid the prosecution but instead halt prosecution’s ability to put credible witnesses on the stand and actually harm victims.

Fernando Reyes et al., Recent Court Decisions and Legislation Affecting Juveniles, 21 UC Davis J. Juv. L. & Pol’y 117 (2017). Examined recent cases and legislation that impact juveniles. Analyzed Adams v. Alabama, which concentrated on life imprisonment for juveniles. Discussed the U.S. District Court for the Southern District of Ohio’s decision Board of Education v. U.S. Department of Education, which addressed a school denying a transgender girl access to her gender-appropriate bathroom. Evaluated the U.S. Court of Appeals for the Fourth Circuit’s opinion D.B. v. Cardall, which decided that a minor’s due process rights were violated when appearing before an immigration judge. Explored the Oregon Supreme Court decision State v. J.C.N.-V, which focused on whether the juvenile court erred in waving its jurisdiction over a thirteen-year-old boy who was charged with aggravated murder and robbery. Reviewed the California Court of Appeals for the Fourth District’s case In re Elijah C., which evaluated whether a juvenile can properly waive statutes of limitations without counsel. Examined the California Court of Appeals for the Fifth District’s opinion In re Alexander P., which affirmed an order for a child to have more than two parents. Evaluated recent federal legislation, along with state legislation from California and Delaware.

Tiffany Simmons et al., The Cost of the Government’s Failure to Protect Children Witnessing a Parental Arrest and Detainment, 7 Am. U. Bus. L. Rev. 199 (2018). Examined the special relationship between police officers and children, which is created by the public duty doctrine when a police officer arrests the parent of a minor child. Studied how children of incarcerated parents feel towards police officers and offered policy recommendations.

Kathleen B. Simon, Catalyzing the Separation of Black Families: A Critique of Foster Care Placements Without Prior Judicial Review, 51 Colum. J.L. & Soc. Probs. 347 (2018). Argued that African American children continue to experience racial discrimination in the foster care system. Explained how a caseworker’s racial bias can lead to home removal when less invasive methods of child protection are available. Recommended that states pass stricter emergency removal laws.

Jordan M. Spanner, In Re R.R.N.: Redefining “Caretaker” for North Carolina Child Protective Services, 40 Campbell L. Rev. 265 (2018). Examined the implications of the North Carolina Supreme Court’s interpretation of the term “caretaker” with regard to child welfare cases in In re R.R.N. Provided a brief historical account of Child Protective Services. Summarized details of In re R.R.N. Compared the definition of “caretaker” to in loco parentis. Discussed the unintended impact of the court’s interpretation of “caretaker” in In re R.R.N. Offered remedial suggestions to the North Carolina General Assembly and the North Carolina Department of Health and Human Services to address potential consequences in the wake of In re R.R.N.’s holding.

Jane K. Stoever, Parental Abduction and the State Intervention Paradox, 92 Wash. L. Rev. 861 (2017). Examined the government’s role in the family’s “private sphere,” especially in relation to parental abduction, and sheds light onto the state’s failure to step into situations like these through a survey of all fifty states. Offered solutions to promote the protection of children from parental abduction and outlined the state’s role in preventing abuse and abduction within the family’s “private sphere.”

Jordan B. Woods, Unaccompanied Youth and Private-Public Order Failures, 103 Iowa L. Rev. 1639 (2018). Argued that unaccompanied adolescent youth are failed by the current child welfare system because it focuses on the traditional family model. Explained the state’s attempt to reunite a family or find a substitute family might be ignoring the needs of adolescent youth and perpetuating a cycle of homelessness.

Child Support

Margaret F. Brinig & Marsha Garrison, Child Support Establishment and Enforcement in a Disadvantaged Population: Results from an Empirical Investigation of Paternity Actions in St. Joseph County, Indiana (2017) (available at Studied enforcement of child support awards in St. Joseph County, Indiana. Found that children born out of wedlock are less likely to receive court-ordered support, and if support is court-ordered, full payment is rare. Acknowledged that the child support system is broken, especially in low-income areas where enforcement is most needed. Offered a new model based on the results of the research that other researchers have not been able to access. Hoped to shed light on the places that need child support enforcement the most.

Catherine E. Smith et al., Brief of Amici Curiae Scholars of the Constitutional Rights and Interests of Children in Support of Respondents in Masterpiece Cakeshop LTD, et al. v. Colorado Civil Rights Commission (Georgia State University College of Law Legal Studies Research Paper No. 2018-01). Examined how children with LGBT parents are excluded from various spheres of the commercial and social world after Masterpiece Cakeshop LTD, et al. v. Colorado Civil Rights Commission. Argued that a religious exception to discrimination prohibitions based on sexual orientation will only further harm children with LGBT parents and will interfere with the “integrity and closeness” of these families.


Justin T. Miller, Making Divorce Less Taxing: A Unique Opportunity for Income, Estate, and Gift Tax Planning, 52 Real Prop. Tr. & Est. L.J. 1 (2017). Discussed the inherent tax issues that can arise from a divorce. Hypothesized that poor tax planning can often pop up much later, after the divorce is finalized, and can cause a mess both mentally and financially. Addressed the ten common tax issues that can be present while a couple is divorcing, and how to avoid a time-consuming and expensive tax fix later on.

Domestic Violence

Brenda Baddam, Technology and Its Danger to Domestic Violence Victims: How Did He Find Me?, 28 Alb. L.J. Sci. & Tech. 73 (2017). Analyzed current trends in technology and outlined the impacts of those trends on the occurrence of domestic violence and its victims. Discussed recent technological developments such as location technologies, which often pose danger to victims of domestic violence. Examined recent legislation aiding domestic violence centers and assessed how technology could both benefit and unite domestic violence victims. Concluded with recommendations for the next phase of technological advancement in this realm.

Margaret Groban, The Federal Government’s Role in Securing Justice in Domestic Abuse Cases, 69 Me. L. Rev. 235 (2017). Discussed why there is a need for the federal government to be involved in domestic violence, and how the involvement of the federal government will lead to justice for victims throughout the United States by keeping firearms out of reach of violent domestic abuse offenders.

Jennifer Koshan, Specialized Domestic Violence Courts in Canada and the United States: Key Factors in Prioritising Safety for Women and Children, 40 J. Soc. Welfare & Fam. 515 (2018). Compared domestic violence reforms in Canada and the United States. Analyzed the strengths and weaknesses of integrated domestic violence courts.

Yvette Lopez-Cooper, When Is a Crime Victim Helpful? Using California’s Immigrant Victims of Crime Equity Act (Senate Bill 674) to Define the U Visa’s Helpfulness Requirement, 53 Cal. W. L. Rev. 149 (2017). Examined the “helpfulness” requirement and who meets those requirements when in the context of domestic abuse and other violent crimes that are committed against undocumented immigrants. Discussed legislative history of the U Visa and the implementation of California’s Immigrant Victims of Crime Equity Act. Scrutinized the definition of “helpfulness.”

Alyssa Miller, Punishing Passion: A Comparative Analysis of Adultery Laws in the United States of America and Taiwan and Their Effects on Women, 41 Fordham Int’l L.J. 425 (2018). Offered comparison of adultery laws in Taiwan and the United States from a historical standpoint. Analyzed the same laws from a modern, real-life perspective and addressed the impact of those laws in Taiwan and the United States. Argued that deregulation of adultery is a matter of gender equality and is likewise a crucial aspect in the continuous advancement of women.


Melissa Edelson, Special Education in Adult Correctional Facilities: A Right Not a Privilege, 50 Loy. L.A. L. Rev. 93 (2017). Examined the failure of correctional facilities to implement special education programs as required by the Individuals with Disabilities Education Act. Recommended amending the Individuals with Disabilities Education Act to close loopholes that allow for the failure of correctional facilities to provide educational services, as education is a fundamental right, and not merely a privilege.

M. Hannah Koseki, Note, Meeting the Needs of All Students: Amending the IDEA to Support Special Education Students from Low-Income Households, 44 Fordham Urb. L.J. 793 (2017). Examined how the procedural design of the Individuals with Disabilities Education Act (IDEA) creates a severe disparity between low-income and/or minority students with disabilities as opposed to wealthier students with disabilities by depriving them of the benefits promised by the IDEA. Argued that low-income families should have the opportunity and ability to meaningfully participate in the IEP development process like wealthier parents and students. Discussed the history of special education law, as well as IDEA enforcement disparities. Analyzed numerous proposals that could meet parents’ advocacy needs in IDEA claims. Proposed that IDEA reform is necessary to address shortcomings affecting low-income communities.

Emily Suski, The Privacy of the Public Schools, 77 Md. L. Rev. 427 (2018). Examined the private and public dichotomy of public schools. Argued that dismantling the widespread misconception that public schools are indeed public and exposing the true private status of public schools is crucial to society’s protection of students. Concluded that, coupled with responsibility, addressing the private nature of public schools will better allow public schools to perform the duty of protecting students from harm.

Joshua E. Weishart, Aligning Education Rights and Remedies, 27 Kan. J.L. & Pub. Pol’y 3 (2018). Provided standards to measure whether a certain remedy affects the right to education and its function to protect children from the harms of educational deprivation and disparity. Asserted that these standards would strictly abide by the separation of powers principles.


Einat Albin, Customer Domination at Work: A New Paradigm for the Sexual Harassment of Employees by Customers, 24 Mich. J. Gender & L. 167 (2017). Compared Title VII’s treatment of third-party sexual harassment of employees by customers with treatment of similar instances in Germany and Britain. Argued that employers should restructure harassment policies concerning employee-customer harassment to ensure better workplace protections for employees.

Ryan T. Anderson, A Brave New World of Transgender Policy, 41 Harv. J.L. & Pub. Pol’y 309 (2018). Asserted that new gender identity policies are unlawful. Argued that certain civil rights laws should be reformed, namely Title IX of the Education Amendments of 1972, Title VII of the Civil Rights Act of 1964, and Section 1557 of the Affordable Care Act. Advocated for government spending to restore protections on the basis of sex rather than the basis of gender identity.

Ori Aronson, The Next Forty Presidents, 24 Wm. & Mary J. Women & L. 235 (2018). Examined a “radical” argument in feminist constitutionalism. Argued that the next forty U.S. presidents should be female.

Ronen Avraham & Kimberly Yuracko, Torts and Discrimination, 78 Ohio St. L.J. 661 (2017). Suggested that tort law’s use of nonblended tables—which catalog wage capacity, life expectancy, and work-life expectancy—to calculate damages perpetuates inequality by lessening the potential damage awards of minorities. Proposed that courts should immediately cease using nonblended tables.

Katherine Y. Barnes & Elizabeth Mertz, Law School Climates: Job Satisfaction Among Tenured Law Professors, 43 Law & Soc. Inquiry 441 (2018). Analyzed the dissatisfaction of professors of color and female professors in comparison to white professors and male professors. Found that professors of color and female professors were more likely to experience the effects of racial and gender bias.

Hannah Brenner et al., Sexual Violence as an Occupational Hazard and Condition of Confinement in the Closed Institutional Systems of the Military and Detention, 44 Pepp. L. Rev. 881 (2017). Examined the typical characteristics of a closed institutional systems. Explored sexual violence in the military and in detention facilities. Discussed limitations within both systems. Proposed a double-pronged solution through the use of both civil and administrative law.

Tequila J. Brooks, Undefined Rights: The Challenge of Using Evolving Labor Standards in U.S. and Canadian Free Trade Agreements to Improve Working Women’s Lives, 39 Comp. Lab. L. & Pol’y J. 29 (2017). Argued that gender protections in the Canadian Free Trade Agreement could provide a framework for the United States to strengthen the role of women in American labor. Urged reformers to focus on a gender-based strategy to address reform through the use of free trade agreements.

Sabrina L. Brown, Note, Negotiating Around the Equal Pay Act: Use of the “Factor Other Than Sex” Defense to Escape Liability, 78 Ohio St. L.J. 471 (2017). Examined present-day Equal Pay Act litigation and how workplace negotiations are used to create discrepancies in pay between genders by way of the “factor other than sex” defense. Discussed statistics regarding the gender pay gap in 1963 and how it is narrower, but still not completely eliminated, today. Provided the text of the Equal Pay Act and how courts interpret it. Discussed the “factor other than sex” defense and its application in the court system. Suggested legislation needs to be crafted to eliminate “salary negotiation” as a factor “other than sex” for the purposes of the Equal Pay Act.

Whitney A. Brown, The Illegality of Sex Discrimination in Contracting, 32 Berkeley J. Gender L. & Just. 137 (2017). Suggested that courts should read the Civil Rights Act of 1866 (42 U.S.C. § 1981) to prohibit sex discrimination. Contended that such an understanding of § 1981 is preferable to traditional readings. Proposed that this approach would ensure that women cannot be required to pay more for goods and services in the marketplace.

Naomi Cahn et al., Gender and the Tournament: Reinventing Antidiscrimination Law in an Age of Inequality, 96 Tex. L. Rev. 425 (2018). Argued that, for antidiscrimination efforts and equality laws such as Title VII to be effective, traditional antidiscrimination analyses must evolve. Asserted that the traditional antidiscrimination analyses must consider justified, legitimate corporate practices that enhance inequality.

Brooke D. Coleman & Elizabeth G. Porter, Reinvigorating Commonality: Gender and Class Actions, 92 N.Y.U. L. Rev. 895 (2017). Examined Rule 23(b)(2) with regard to class action suits. Analyzed feminism and Title VII sex discrimination doctrines over the past century. Described how the women’s movement and the four waves of feminism since the 1960s have helped develop Title VII class action law.

Janet Dolgin, Discriminating Gender: Legal, Medical, and Social Presumptions About Transgender and Intersex People, 47 Sw. L. Rev. 61 (2017). Described the long-standing presumption of the gender binary. Explained how this view does not adequately accommodate intersex or transgender persons.

Stephen M. Engel & Timothy S. Lyle, Fucking with Dignity: Public Sex, Queer Intimate Kinship, and How the AIDS Epidemic Bathhouse Closures Constituted a Dignity Taking, 92 Chi.-Kent L. Rev. 961 (2017). Argued that New York’s closure of bathhouses between 1984 and 1985 was a dignity taking based on the male classifications of gay and queer. Stated that social stigma associated with the bath closures is perpetual, and even impacts current dignity restoration efforts, as seen through the lens of gay marriage. Suggested that one possible method to restore queer dignity could be to reinstitute public bathhouses.

David F. Engstrom, “Not Merely There to Help the Men”: Equal Pay Laws, Collective Rights, and the Making of the Modern Class Action, 70 Stan. L. Rev. 1 (2018). Examined the history of U.S. labor law and the status of class action suits prior to mid-century progress towards gender equality. Reviewed landmark decisions in employment discrimination. Explained the evolution of jurisprudence in employment and labor, as well as the continued impacts of the validity of class action waivers in arbitration agreements.

Jessica Fink, Gender Sidelining and the Problem of Unactionable Discrimination, 29 Stan. L. & Pol’y Rev. 57 (2018). Explored “gender sidelining,” or the range of obstacles American women face that impede workplace advancement. Analyzed the backdrop and limitations of Title VII and other mechanisms that may be used to prevent gender sidelining.

Kris Franklin & Sarah E. Chinn, Transsexual, Transgender, Trans: Reading Judicial Nomenclature in Title VII Cases, 32 Berkeley J. Gender L. & Just. 1 (2017). Described the pivotal role of language in influencing power dynamics, especially with regard to political and judicial decisions. Suggested that altering judicial lexicon is an important first step towards reimagining how gender operates.

Alexandra A. Harriman, Putting the Restroom Debate to Rest: Addressing Title IX and Equal Protection in G.G. ex rel. Grimm v. Gloucester County School Board, 69 Me. L. Rev. 273 (2017). Discussed the Obama administration’s guidance on allowing transgender students at public schools to use the bathrooms that match their gender identity, and how the Trump administration has completely rolled back this guidance. Analyzes G.G. ex rel. Grimm v. Gloucester County School Board and how the Fourth Circuit’s Title IX analysis can settle the ongoing debate on this issue. Asserted that courts should further find an Equal Protection violation in forcing students to use bathrooms that they are uncomfortable using.

Victoria Hartman, Note, End the Bloody Taxation: Seeing Red on the Unconstitutional Tax on Tampons, 112 Nw. U. L. Rev. 313 (2017). Discussed female activists working to eliminate the tax on tampons and noted that tampons should be categorized as a medical appliance or necessity. Argued that, if the tampon tax was to be taken up by courts, the Fourteenth Amendment’s Equal Protection Clause provides for exacting scrutiny to be applied to the tax due to the implication of sex discrimination.

Stacy L. Hawkins, The Long Arc of Diversity Bends Toward Equality: Deconstructing the Progressive Critique of Workplace Diversity Efforts, 17 U. Md. L.J. Race, Religion, Gender & Class 61 (2017). Explained the history of workplace diversity efforts, while also focusing on “the points of divergence, and a critical point of alignment, with traditional, remedial affirmative action.” Analyzed concerns regarding the progressive critique of workplace diversity efforts.

Scott P. Humphreys, Bauer v. Lynch: A Push(up) to Exercise Change and Account for Physiological Differences Between Men and Women, 14 Seton Hall Cir. Rev. 161 (2017). Explored why Title VII’s BFOQ provision should be amended to allow employers to account for average physiological differences in men and women within the bona-fide physical examination exception. Asserted the proposed amendment would advance the purpose of Title VII.

Courtney Irons, The Patriarch and the Sovereign: The Malheur Occupations and the Hyper-Masculine Drive for Control, 51 Colum. J.L. & Soc. Probs. 479 (2018). Explained the connection between masculinity and nationalism in the conservative movement against federalism. Argued that federalism is viewed as emasculating the familial patriarch.

Max Isaacs, Note, LGBT Rights and the Administrative State, 92 N.Y.U. L. Rev. 2012 (2017). Explored administrative constitutionalism and its impact on LGBT rights. Argued that agencies can provide a quicker path to LGBT equality as compared with constitutional jurisprudence.

Gwenyth S. Gamble Jarvi, Thank Hefner Erectile Dysfunction Is a Medical Condition: A Period Piece, 15 Pitt. Tax Rev. 181 (2018). Explained taxes levied on menstruation products as “luxury items” or “nonessential goods” in context of the unavoidable biology. Examined legislation aimed at reducing or removing taxes on essential menstruation products in comparison to policies that do not tax erectile dysfunction products. Recommended eliminating taxes on menstruation products, as they are a necessity to an individual’s societal participation.

Anthony M. Kreis, Amputating Rights-Making, 69 Hastings L.J. 95 (2017). Argued that courts should use precedence from political restructuring cases such as Arlington Heights v. Metropolitan Housing Development Corporation to void certain state laws crafted to prevent municipal ordinances from offering greater protections to LGBT residents than state law.

Kristina M. Lagasse, Language, Gender, and Louisiana Law: Removing Gender Bias from the Louisiana Civil Code, 64 Loy. L. Rev. 187 (2018). Explained why the use of gendered language in law can be problematic. Recommended using gender-neutral language to aid in the elimination of gender bias when applying the law.

Jamie Langowski et al., Transcending Prejudice: Gender Identity and Expression-Based Discrimination in the Metro Boston Rental Housing Market, 29 Yale J.L. & Feminism 321 (2018). Analyzed discrimination faced by transgender and gender-nonconforming individuals in comparison to cisgender individuals when participating in the Boston rental housing market. Recommended changes in discrimination law to include gender identity as a protected class.

Michael J. Lenzi, The Trans Athlete Dilemma: A Constitutional Analysis of High School Transgender Student-Athlete Policies. 67 Am. U. L. Rev. 841 (2018). Analyzed high school policies relating to transgender athletes. Argued that both fully and partially inclusive policies withstand rational basis scrutiny under Equal Protection, but more restrictive policies fail. Advocated for high schools to adopt fully inclusive models to advance gender identity equality.

Penney Lewis, The Lawfulness of Gender Reassignment Surgery, 58 Am. J. Legal Hist. 56 (2018). Explored the history of the exception that removed medical treatment from criminal law, and how such a medical exception came to include, as well as legally accept, gender reassignment surgery.

Kayla Louis, Pornography and Gender Inequality—Using Copyright Law as a Step Forward, 24 Wm. & Mary J. Women & L. 267 (2018). Argued that the effective use of copyright law and the denial of copyright protections to some pornographic works could curb the pornography industry. Asserted that the implementation of the aforementioned suggestions would allow for progress in the realm of gender equality.

Estalyn Marquis, “Nothing Less Than the Dignity of Man”: Women Prisoners, Reproductive Health, and Unequal Access to Justice Under the Eighth Amendment, 106 Cal. L. Rev. 203 (2018) Examined Eighth Amendment jurisprudence in the context of the reproductive health needs of women in prison. Analyzed the resulting issue of how healthcare claims of female inmates are assessed inadequately when compared to the assessment of claims from male inmates. Offered doctrinal, legislative, and litigation strategies to ensure women’s access to adequate reproductive healthcare under the Eighth Amendment.

Cassondra J. Murphy, Transcending Sex and Sexual Orientation: The “Transgender Application” and Why the MSM Deferral Policy Should Be Replaced with an Individualized Risk Assessment, 25 Va. J. Soc. Pol’y & L. 59 (2018). Asserted that transgender individuals are an anomaly within the FDA’s blood donation deferral policy regarding the sexual interactions of men with other men. Argued for the reevaluation of such policies and for the institution of individual risk assessment.

Alexandra N. Phillips, Comment, Promulgating Parity: An Argument for a States-Based Approach to Valuing Women’s Work and Ensuring Pay Equity in the United States, 92 Tul. L. Rev. 719 (2018). Explored current pay equity jurisprudence and suggested that state legislatures may offer the best solution for achieving equality in this realm.

Laura Portuondo, The Overdue Case Against Sex-Segregated Bathrooms, 29 Yale J.L. & Feminism 465 (2018). Explained how sex-segregated bathrooms could be ruled unconstitutional if litigated. Examined the overall history of sex-segregated bathrooms in comparison to both biological need and governmental interest.

Katie Reineck, Note, Running from the Gender Police: Reconceptualizing Gender to Ensure Protection for Non-Binary People, 24 Mich. J. Gender & L. 265 (2017). Argued that self-identification is a fundamental right within the Fourteenth Amendment’s Due Process Clause and should be analyzed under a religious freedom framework. Asserted that, under this framework, nonbinary people may have better access to justice in antidiscrimination cases.

Samuel Rosh, Note, Beyond Categorical Exclusions: Access to Transgender Healthcare in State Medicaid Programs, 51 Colum. J.L. & Soc. Probs. 1 (2017). Described how transgender individuals have a critical need for medical treatment that mitigates gender dysphoria. Explained how this medical care is sometimes not deemed medically necessary. Suggested that categorical exclusions of certain medical care are increasingly viewed as invalid under current Affordable Care Act regulations, Medicare coverage, and certain laws relating to Medicaid. Advocated for a broader conception of “medically necessary.”

Dana Roth, Gender Bias in Clinical Drug Trials, 33 Wis. J.L. Gender & Soc’y 83 (2018). Explained the risk of gender bias when testing pharmaceuticals during clinical trials and the implication it has for the safety of drugs commonly given to women. Recommended banning drugs from being approved unless gender-inclusive drug trials have been performed.

Hila Shamir et al., Questioning Market Aversion in Gender Equality Strategies: Designing Legal Mechanisms for the Promotion of Gender Equality in the Family and Market, 27 Cornell J.L. & Pub. Pol’y 717 (2018). Examined policies that exclude women from the labor market due to incompatibility with family responsibilities. Recommended policy changes to promote gender equality in the labor market.

Tyler Sherman, All Employers Must Wash Their Speech Before Returning to Work: The First Amendment & Compelled Use of Employees’ Preferred Gender Pronouns, 26 Wm. & Mary Bill Rts. J. 219 (2017). Considered the First Amendment compelled speech implications of municipal pronoun laws, which require employers to use the preferred pronouns of their employees. Concluded that such pronoun laws are not unconstitutional under the compelled speech doctrine, and, alternatively, these pronoun laws may be upheld as general antidiscrimination laws.

Meg Smith et al., Inclusion, Reversal, or Displacement? Classifying Regulatory Approaches to Pay Equity, 39 Comp. Lab. L. & Pol’y J. 211 (2017). Argued that pay equality should be analyzed through the lens of displacement theory rather than inclusion or reversal. Suggested a need for reform by surveying various international pay regulations.

Mark J. Stern et al., The Judicial and Generational Dispute over Transgender Rights, 29 Stan. L. & Pol’y Rev. 159 (2018). Utilized a data set from high school newspapers to show Generation Z’s rejection of gender stereotypes and societal norms on personal autotomy and classification. Outlined the definition of sexual discrimination under Title VII of the Civil Rights Act of 1964 and extrapolated how future generations may extend equal treatment protections for transgender individuals.

Leonie Stoute, Comment, Break Every Chain: Bringing an End to the Unconstitutional Shackling of Pregnant Inmates, 60 Howard L.J. 749 (2017). Examined the background of anti-shackling laws and the justifications for having such laws. Discussed how shackling affects women and infants. Explored the justification given in favor of shackling. Evaluated what constitutes a violation under the Eighth Amendment. Analyzed Hope v. Pelzer, in which the Supreme Court addressed shackling pregnant inmates. Suggested that a federal law similar to the Prison Rape Elimination Act could be enacted to protect pregnant inmates who are incarcerated in states without anti-shackling laws.

Mary Ziegler, Some Form of Punishment: Penalizing Women for Abortion, 26 Wm. & Mary Bill Rts. J. 735 (2018). Described how women are penalized for abortion before and after Roe v. Wade; offered alternative solutions to this unnecessary penalty.

Marcia Zug, Traditional Problems: How Tribal Same-Sex Marriage Bans Threaten Tribal Sovereignty, 43 Mitchell Hamline L. Rev. 761 (2017). Explored the impact of tribal same-sex marriage bans on public perceptions of tribal justice. Assessed the possibility of such bans leading to limitations on tribal sovereignty.

General Family Law

Marion C. Burke, Lessons from Labor Feminists: Using Collective Action to Improve Conditions for Women Lawyers, 26 Am. U. J. Gender Soc. Pol’y & L. 559 (2017). Exploring the issues female lawyers face and the statistical disparities between women lawyers and their male counterparts. Proposing the historical labor feminism movement can be of instruct to female lawyers seeking to eliminate work discrimination and improve status.

Elizabeth Chiarello, Medical and Familial Claims to Long-Term Care: Institutional Gaps and Shifting Jurisdictions 43 Law & Soc. Inquiry 238 (2018) (reviewing Sandra R. Levitsky, Caring for Our Own: Why There Is No Political Demand for New American Social Welfare Rights (2014)). Elaborated on points made by Levitsky and responded that the social problem of long-term care is caused by institutional gaps, caused partially by long-term care’s lack of profitability, an absence of public policy, and lack of financing, as well as jurisdictional boundaries.

Andrea Kozak-Oxnard, Care and Community Empowerment: Coalition-Building Between Home Care Workers and Disability Rights Activists, 35 Colum. J. Gender & L. 70 (2017). Examined problems between home care workers and disabled or elderly care consumers. Applied feminist theory and disability rights theory to observe the ways in which partnerships are lacking. Suggested potential solutions to benefit both home care workers and care recipients.

Elizabeth L. MacDowell, Vulnerability, Access to Justice, and the Fragmented State, 23 Mich. J. Race & L. 51 (2018). Discussed problems faced by low-income individuals within the fractured state using both functional fragmentation and vulnerability theories. Examined the ill effects of problem-solving courts, specifically through the lens of family courts, on due process rights and access to justice. Advocated for a new framework to produce a more just legal system and to create a higher capacity for justice in civil society.

Calvin Morrill, Unsettled Times for American Families, 43 Law & Soc. Inquiry 249 (2018). Elaborated on Sandra R. Levitsky’s piece, entitled Caring for Our Own: Why There Is No Political Demand for New American Social Welfare Rights. Examined how Americans entered an unsettled time for LGBTQ families, workplace-family conflict, and the criminalization of elder abuse. Asserted that such conditions will allow for the questioning and changing of the ideology of family responsibility and may create a climate conducive to a move towards “collection action.”

Alice Mutter, From Criminals to Survivors: Recognizing Domestic Sex Trafficking as Violence Against Women in the District of Columbia, 26 Am. U. J. Gender Soc. Pol’y & L. 593 (2017). Evaluated the District of Columbia’s criminalization of human trafficking survivors under prostitution laws and outlined the Violence Against Women Act, as well as other federal laws relating to sex trafficking. Argued that D.C.’s approach possibly violates the Trafficking Victims Protection Act and that D.C. allows for vacatur laws and trauma-informed diversion programs.

Douglas NeJaime, The Family’s Constitution, 32 Const. Comment. 413 (2017). Challenged the conventional way of thinking that family law and constitutional law are separate entities that operate individually. Argued that the two subjects operate in the same sphere, with family law exerting significant influence over constitutional law.

Priscila E. Nogueira da Silva, Framework Not Formula: How the Solution to a 23-Year Circuit Split Is Straightforward Statutory Construction, 12 Liberty U. L. Rev. 167 (2017). Examined the intersection of Title VII and Title IX, which has created a circuit split lasting twenty-three years, has greatly impacted issues regarding Title VII preemption of Title IX claims, and has also affected employer structuring of antidiscrimination policies. Argued that courts should use a straightforward and systematic approach that relies on legislative intent in order to remedy the circuit split.

Kenneth A. Pilgrim, Two Wrongs Don’t Make It Right: Title VII, Sexual Orientation, and the Misuse of Stare Decisis, 52 Ga. L. Rev. 685 (2018). Examined the circuit split on the issue of whether discrimination on the basis of sexual orientation is prohibited under Title VII. Concluded that stare decisis is not binding because Supreme Court decisions, like Price v. Waterhouse, have influenced new developments in law.

Francesca Polletta, The Multiple Meanings of Familialism, 43 Law & Soc. Inquiry 230 (2018) (reviewing Sandra R. Levitsky, Caring for Our Own: Why There Is No Political Demand for New American Social Welfare Rights (2014)). Reviewed the powerful ideology of familialism presented by scholar Sandra R. Levitsky in her work Caring for Our Own: Why There Is No Political Demand for New American Social Welfare Rights and proposing in response that more studies need to be performed into the multicultural variations of caretaker familialism.

Margaret Ryznar, Tax and Family Law Ties, 157 Tax Notes 1457 (2017). Described the important interplay between family law and tax reform. Noted the prevailing view of the family as an economic unit. Suggested that any tax reforms must be considered in light of potential impacts upon families.

Rena Seidler & Margaret Ryznar, Recent Developments in Indiana Family Law: October 2016 to September 2017, 50 Ind. L. Rev. 1271 (2017). Surveyed family law developments in Indiana.

Allison Anna Tait, Corporate Family Law, 112 Nw. U. L. Rev. 1 (2017). Combined corporate and family law in order to provide an extra framework so that families working in corporate businesses together can negotiate and solve internal issues. Argued that corporate law, standing alone, is not designed to protect family members from wanting to leave their family’s corporate business, and that lawmakers should look to incorporate family law into aspects of corporate law to fix this, thus creating a branch of law for the “corporate family.”

Alison Tanner, Live and Learn: Using the Fair Housing Act to Advance Educational Opportunity for Parenting Students, 105 Geo. L.J. 1453 (2017). Examined the potential for the Fair Housing Act (FHA) to affect family housing at universities that either implicitly or explicitly disallow student-parents from obtaining on-campus housing. Provided background information on the FHA and evaluated the unmet housing needs of this population. Analyzed how courts can and have applied the FHA to universities and familial-based discrimination in university on-campus housing.

John Witte Jr., The Nature of Family in Seventeenth-Century Liberal Protestant Thought: Hugo Grotius and John Selden, 2017 U. Ill. L. Rev. 1947 (2017). Described the views of preeminent Protestant jurists on sex, marriage, and family life. Compared and contrasted the views of Grotius and Selden.


Ann L. Estin, Child Migrants and Child Welfare: Toward a Best Interests Approach, 17 Wash. U. Global Stud. L. Rev. 589 (2018). Argued that the United States has an obligation to enforce the Trafficking Victims Protection Reauthorization Act of 2008 to better address the needs of unaccompanied minor immigrant children. Explained that interagency communication and cooperation are imperative to addressing the needs of these children. Found that statutory reform is necessary to ensure that the best interests of the child are protected in this situation.

Danielle Fox et al., When Special Immigrant Juveniles and Trial Courts Intersect: The Value of Data-Informed Case Management, 8 Int’l J. Ct. Admin. 1 (2017). Examined Maryland’s approach in handling cases of unaccompanied alien children and their quest to seek “Special Immigrant Juvenile Status” to possibly obtain permanent U.S. residency. Stated that there has been an overwhelming surge of these cases as more unaccompanied children come to the United States. Concluded that courts in Maryland are attempting to accommodate the influx of requests in the best and most efficient ways possible.

Reagan Greenberg, The “Particular Social Group” Requirement: How the Asylum Process Is Consistently Failing LGB Applicants and How an Evidentiary Standard of “Self-Attestation” Can Remedy These Failures, 17 U. Md. L.J. Race, Religion, Gender & Class 147 (2017). Explained guidelines for seeking asylum and the requirements for granting asylum. Examined Fuller v. Lynch, which displayed system shortcomings for lesbian, gay, and bisexual asylum seekers. Discussed how persons who identify as LGB have been treated in the past when seeking asylum. Suggested a new evidentiary standard of “self-attestation” for LGB individuals who are seeking asylum and proposed possible objections.

Nina Rabin, Understanding Secondary Immigration Enforcement: Immigrant Youth and Family Separation in a Border County, 47 J.L. & Educ. 1 (2018). Explored “secondary immigration enforcement,” or the harms children suffer by immigration enforcement efforts aimed at their parents. Presented a qualitative study of thirty-eight young people in Arizona who are living independently, without either parent, due in part to immigration enforcement. Explained how secondary immigration enforcement operates through familial dysfunction, extreme poverty, and educational aspirations.

John Thomas & Dorothy E. Stubbe, Psychiatric, Epigenetic, Legal, and Public Health Challenges Facing Refugee Children: An Integrated Approach, 36 Quinnipiac L. Rev. 635 (2018). Explored the ramifications of stress-induced mental illnesses of refugee children and the ramifications for their offspring. Discussed epigenetics and the risks associated with passing down psychiatric disorders, while also examining steps that can be taken to care for these children by implementing immigration and asylum reform in the United States.


Erez Aloni, The Marital Wealth Gap, 93 Wash. L. Rev. 1 (2018). Discussed the “Marital Wealth Gap” and its detrimental impact on the concentration of wealth in the United States. Argued that current law assists in increasing wealth inequalities by perpetuating intergenerational wealth transfer, but also stated that correcting wealth distribution through family law reform is dubious. Suggested that future scholarship addressing this issue is necessary.

Darius Dehghan, Book Note, 32 Berkeley J. Gender L. & Just. 187 (2017) (reviewing Katherine Franke, Wedlocked: The Perils of Marriage Equality (2015)). Reviewed Katherine Franke’s book Wedlocked: The Perils of Marriage Equality. Discussed Franke’s contentions regarding the recognition of gay marriage and the ways in which it constrains sexuality.

Joanna L. Grossman, Rainbow Loving, 92 N.Y.U. L. Rev. Online 60 (2017). Analyzed the importance of Loving v. Virginia and discussed how Loving paved the way for Obergefell v. Hodges. Provided a timeline of cases from Loving to Obergefell. Explained how Loving influenced the expansion of fundamental rights under the Due Process and Equal Protection Clauses of the Fourteenth Amendment.

Adam J. Hirsch, Inheritance on the Fringes of Marriage, 2018 U. Ill. L. Rev. 235 (2018). Discussed an empirical study of the inheritance rights of those on the fringes of marriage, including fiancés, legally separated spouses, and spouses in the process of divorce. Advocated for changes in intestate law.

Julian N. Larry, The Transgender Marriage Dilemma, 33 Wis. J.L. Gender & Soc’y 23 (2018). Examined how transgender individuals may be treated unfairly, even after Obergefell, because transgender marriages may sometimes be invalidated. Used case law to explain how the transition process can affect the validity of a marriage. Recommended federal legislation to clarify the issue of legal transitions and advocated for the use of the Full Faith and Credit Clause to interpret ambiguities in favor of transgender individuals.

J. Thomas Oldham, A Survey of Lawyers’ Observations About the Principles Governing the Award of Spousal Support Throughout the United States, 51 Fam. L.Q. 1 (2017). Compared and contrasted prevailing spousal support systems. Suggested that, in most states, spousal support determinations appear to be arbitrary. Proposed methods by which spousal support determinations can be clarified in states where there appears to be no clearly accepted policy.

Jeffrey M. Suprenant, Acurio v. Acurio: Parens Patriae in Marital Regimes, 64 Loy. L. Rev. 257 (2018). Analyzed the extension of parens patriae in the Louisiana Supreme Court holding in Acurio v. Acurio. Argued that Acurio was wrongly decided to allow for the exercise of parens patriae in marital contracts.

Deborah A. Widiss, Intimate Liberties and Antidiscrimination Law, 97 Boston U. L. Rev. 2083 (2017). Explained how intimate liberties, such as same-sex marriage, are penalized when antidiscrimination laws do not include the LGBT community.

John Witte Jr., Why No Polygamy, in The Contested Place of Religion in Family Law 446 (Robin F. Wilson ed., 2018). Explained the history behind anti-polygamy laws in religious and legal contexts. Argued the acceptance of same-sex marriage does not require the acceptance of polygamy because most people still seek single partner relationships. Recommended the Western world not adopt polygamy.


Alison Gash & Judith Raiskin, Parenting Without Protection: How Legal Status Ambiguity Affects Lesbian and Gay Parenthood, 43 Law & Soc. Inquiry 82 (2018). Offered results from thirty-one interviews with lesbian and gay parents in Oregon and their six adult children to explore how these families live in flux despite legal reform. Investigated the legal status ambiguity experienced by gay and lesbian families and the sources for such challenges to LBGTQ parenthood.

Courtney G. Joslin, Nurturing Parenthood Through the UPA, 127 Yale L.J. Forum 589 (2018). Described how recently approved revisions to the Uniform Parentage Act (UPA) addressed many critical gaps in parentage law that reflect and perpetuate inequality based on gender and sexual orientation. Explained how the UPA expands the ways by which a nonbiological parent may establish her or his parentage in applying its “holding-out” provision equally to men and women. Discussed how the UPA includes a new provision on de facto parents, under which an individual “acting” as a parent can legally establish his or her parentage. Suggested that the UPA helps states bring their parentage statutes into compliance with Obergefell v. Hodges, Pavan v. Smith, and Sessions v. Morales-Santana.

Dara E. Purvis, The Constitutionalization of Fatherhood, 69 Case W. Res. L. Rev. 541 (2019). Argued that gendered treatment of unwed parents constitutes a violation of the Equal Protection Clause. Explained how Obergefell v. Hodges and Sessions v. Morales-Santana provide a constitutional framework for extending parentage to unwed fathers.

Elizabeth J. Samuels, An Immodest Proposal for Birth Registration in Donor-Assisted Reproduction, in the Interest of Science and Human Rights, 48 N.M. L. Rev. 416 (2018). Suggested that the current birth registration system cannot provide adequate data for medical, public health, or social science research. Proposed that birth registration is better served by full and accurate documentation of biological and social parentage, separate documentation of social and legal parentage, and retention of more complete registration information.

Sofia Yakren, “Wrongful Birth” and the Paradox of Parenting a Child with a Disability, 87 Fordham L. Rev. 583 (2018). Argued the necessity of legal reform for “wrongful birth” plaintiff-mothers due of the psychological toll current laws impose on these women. Asserted that, by reframing the argument so that the harm suffered is the loss of reproductive choice instead of giving birth to a child with disabilities, the tort would be reformed so that plaintiff-mothers have the opportunity to recover damages without suffering more psychological harm and social stigma.

Parental Rights

Marcellus D. Chamberlain, It Takes a Village, Not a Schoolhouse: The Deprival of Parents & Students’ Rights to Privacy & Expression in Context of Bell v. Itawamba, 36 Miss. C. L. Rev. 299 (2018). Examined the balance of parental rights and school authority concerning punishing a student for an action performed off school grounds. Analyzes the Fifth Circuit’s decision in Bell v. Itawamba.

Teresa S. Collett, Government Schools, Parental Rights, and the Perversion of Catholic Morality, 21 J. Mkts. & Morality 95 (2018). Suggested that parents’ fundamental right to direct the upbringing of their children should not end at the schoolhouse door. Proposed that parents should be able to exempt their children from classroom instruction pertaining to sexuality that infringes upon religious liberty. Addressed detractor’s concerns by explaining that two-thirds of states already allow parents to do so, and it has not resulted in disruption or difficulty.

Jennifer S. Hendricks, Fathers and Feminism: The Case Against Genetic Entitlement, 91 Tul. L. Rev. 473 (2017). Argued against efforts of certain progressive feminist movements to reform parentage laws and streamline fathers’ abilities to claim parental rights. Asserted that fathers’ claims to parentage on the basis of genetics are inherently patriarchal.

Michael J. Higdon, Constitutional Parenthood, 103 Iowa L. Rev. 1483 (2018). Explained how allowing states to determine parental identity is complicated by advances in assisted reproductive technology and the legalization of same-sex marriage. Recommended a way to define parenthood that recognizes modern familial arrangements.

Megan Seaton, Contract Law—Proper Procedure for the Termination of Parental Rights in Traditional Surrogacy AgreementsIn re Baby, 447 S.W.3d 807 (Tenn. 2014), 40 Am. J. Trial Advoc. 627 (2017). Examined issues that arise from the United States’ lack of national surrogacy laws, the complex nature of surrogacy, and the laws’ role in it thus far. Advocated for additional regulations and laws relating to surrogacy and the proper procedure for terminating parental rights in traditional surrogacy agreements in the U.S.


Teri A. McMurtry-Chubb, U.S. Feminist Judgment: “Burn This Bitch Down!”, 17 Nev. L.J. 619 (2017). Reflected on Louis Head’s exclamation of “Burn This Bitch Down!” and how it relates to treatment of black fatherhood and black families through mass incarceration and high rates of unemployment in the United States. Stated that black fatherhood is contingent solely on how much financial contribution the men can give and has negatively impacted black families and their modes of parenting.


Zoe M. Beiner, Signed, Sealed, Delivered—Not Yours: Why the Fair Labor Standards Act Offers a Framework for Regulating Gestational Surrogacy, 71 Vand. L. Rev. 285 (2018). Asserted that the Fair Labor Standards Act provides an existing framework capable of regulating gestational surrogacy arrangements between the involved parties.

Julia Dalzell, The Enforcement of Selective Reduction Clauses in Surrogacy Contracts, 427 Widener Commw. L. Rev. 83 (2018). Discussed surrogacy contracts and recovery for nonperformance. Argued that specific performance is the appropriate remedy, while selective reduction and termination clauses should be enforceable. Asserted that surrogates should be held to their commitment. Proposed solutions and preventative measures to keep surrogacy contracts afloat.

Samantha Jean Quan Forsyth, Bringing Up Baby Under the FMLA: How the Federal Unpaid Maternity Leave System in the United States Will Not Carry to Term, 24 Wm. & Mary J. Women & L. 379 (2018). Examined flaws within the current federal maternity leave laws and implored the federal government to adopt a paid maternity leave program more inclusive than the current legislation.

Shannon W. McCormack, Postpartum Taxation and the Squeezed Out Mom, 105 Geo. L.J. 1323 (2017). Examined ways in which the Internal Revenue Code could be modified in order to prevent new mothers from being squeezed out of the external workplace after having a child or while the child is in his or her preschool years when childcare is expensive. Analyzed all the ways in which new mothers can struggle, as they must often leave work to care for their young children.

Andrea Orwoll, Symposium: U.S. Feminist Judgment: Pregnant “Persons”: The Linguistic Defanging of Women’s Issues and the Legal Danger of “Brain-Sex” Language, 17 Nev. L.J. 667 (2017). Discussed discrimination against pregnant women and how the Supreme Court has made it legal, despite the fact that only women can become pregnant, thus causing an inherent inequality between men and women. Used linguistics to show that without gendered language, the Court could not explain what constitutes a “nonpregnant person,” and by attempting to articulate “nonpregnant person” without gender, the Court will erase a distinct class within that group: women who can become pregnant. Explained that the erasure is found in many places, such as “women’s studies” being renamed as “gender studies” at many universities, and Harvard’s Women’s Law Journal being renamed Harvard’s Journal of Law and Gender. Argued that erasing women in legal contexts will have consequences that can lead to further discrimination.

Victoria Ryan, Note, Eliminating the Element of Chance: School District Title IX Implementation to Support Pregnant and Parenting Students, 32 Berkeley J. Gender L. & Just. 73 (2017). Proposed the formation of teams to counsel pregnant women and mothers attending school. Suggested that these teams would improve pregnant and parenting students’ odds of future financial stability by helping them graduate.


Sally B. Richardson, Privacy and Spouses in Louisiana: The Community Property Conundrum and Proposals for Reform, 92 Tul. L. Rev. 219 (2017). Explained that privacy rights have been a prominent part of U.S. law since 1890. Asserted that, while these laws are well developed at the federal level, privacy laws tend to be somewhat lacking at the community level. Assessed problems with regard to privacy rights in community property in Louisiana.

Property Distribution

Gregory S. Alexander, Of Buildings, Statues, Art, and Sperm: The Right to Destroy and the Duty to Preserve, 27 Cornell J.L. & Pub. Pol’y 619 (2018). Explained how the right to destroy affects the property market when applied to nonfungible items. Described how the right to destroy must be balanced between individual autonomy and prevention of social waste.

Alberta Antognini, Against Nonmarital Exceptionalism, 51 U.C. Davis L. Rev. 1891 (2018). Examined the effect of the Supreme Court holding in Obergefell v. Hodges on property distribution in both heterosexual and homosexual nonmarital relationships. Described the link between property distribution and marriage. Argued nonmarital relationships are inherently treated either in the marital framework or outside of it despite a couple’s reasoning for using a nonmarital framework.

Rishi Batra, Improving the Uniform Partition of Heirs Property Act, 24 Geo. Mason L. Rev. 743 (2017). Discussed the problems associated with the Heirs Property Act, including both its formation and limitations. Explained “why partition results in the loss of both economic and non-economic land value due to: the loss of land value at auction, the exploitation of partition sales by investors, the government-forced sale of ancestral homeland, the lack of notice to all owners, and the loss of value through attorney’s fees from the proceeds of the sale.” Proposed reform through changing legal fees paid by petitioners, better notice, and mandatory mediation.

Cassandra M. Ramey, Inheritance Rights of Posthumously Conceived Children: A Plan for Nevada, 17 Nev. L.J. 773 (2017). Examined Nevada’s inheritance rights laws and argued that posthumously conceived children should have more streamlined legal options to receive inheritance in order to prevent lengthy probate issues that could be brought by relatives of the deceased parent. Elucidated four factors lawmakers should consider when drafting new laws, and addressed the “pros and cons” of each factor.

Reproductive Rights

Erika Bachiochi, A Putative Right in Search of a Constitutional Justification: Understanding Planned Parenthood v. Casey’s Equality Rationale and How It Undermines Women’s Equality, 35 Quinnipiac L. Rev. 593 (2017). Critiqued Casey through the lens of women’s equality rather than stare decisis. Argued that the Casey Court’s faulty assumptions based on women’s equality can be used in future arguments to constitutionally limit abortion access. Stated that the Court’s misunderstanding of a woman’s constitutional right to abortion stymies the women’s equality movement.

Jessica Brown, The Fight for Birth: The Economic Competition That Determines Birth Options in the United States, 52 U.S.F. L. Rev. 1 (2018). Analyzed birth options within the United States by considering the history of the state regulation of midwifery, the legal and regulatory challenges to midwifery, litigation initiated by midwives, the current status of midwifery, and how these policies affect consumers.

Charles C. Camosy, Casey’s Undue Burden and Whole Women’s Health’s Interest-Balancing Tests Are Pro-Life Opportunities, 35 Quinnipiac L. Rev. 645 (2017). Disagreed with Gilles, arguing that Whole Women’s Health provides a framework that restricts abortion. Argued that pro-life advocates should urge state legislators to reframe the current balancing test, which weighs the undue burden placed on pregnant women against the state’s interest in protecting life. Urged pro-life advocates to shift the focus of lawmakers to legislation that reconceptualizes the interests of women while giving greater weight to the interests of fetuses.

Kate L. Fetrow, Taking Abortion Rights Seriously: Toward a Holistic Undue Burden Jurisprudence, 70 Stan. L. Rev. 319 (2018). Explored the current articulation of the undue burden standard and articulated an alternative reading of that standard, which would prevent states from incrementally encroaching on the right to abortion.

Stephen G. Gilles, Restoring Casey’s Undue-Burden Standard After Whole Women’s Health v. Hellerstedt, 35 Quinnipiac L. Rev. 701 (2017). Argued that the Whole Women’s Health Court adopted the wrong view of the “undue-burden” test, which threatens recent pro-life legislation. Asserted that the Court’s balancing of the state’s interest and the undue burden on women to access abortion used heightened scrutiny and undermines Casey’s argument that the state can still protect fetal life.

Michele Goodwin & Erwin Chemerinsky, Pregnancy, Poverty and the State, 127 Yale L.J. 1270 (2018) (reviewing Khiara Bridge, The Poverty of Privacy Rights (2017)). Reviewed Khiara Bridge’s book The Poverty of Privacy Rights and used it to discuss the intersectionality of poverty, women of color, and the state’s efforts to limit their reproductive rights and privacy. Argues that race and class play a detrimental role in the lives of women of color through positive law and access to medical care.

Jordan Jackson, Case Comment, Religious Exercise and Contraceptive Coverage: The Substantial Burden of Accommodations, 47 Cumb. L. Rev. 365 (2017). Discussed Burwell v. Hobby Lobby, Zubik v. Burwell, and the interplay between the Affordable Care Act (ACA) and the Religious Freedom Restoration Act (RFRA).

Sarah Kramer, Not Your Mouthpiece: Abortion, Ideology, and Compelled Speech in Physician-Patient Relationships, 21 U. Pa. J.L. & Soc. Change 1 (2018). Argued against compelled physician speech in anti-abortion legislation by exploring First Amendment protections of professional speech.

Nicholas M. Lauer, Compelled Speech and State Advertising of Abortion: A Look at the Split Between A Woman’s Friend and Evergreen, 12 Liberty U. L. Rev. 233 (2017). Explored the history and expansion of the compelled speech doctrine, particularly in the realm of abortion disclaimers by contrasting two cases, A Woman’s Friend Pregnancy Resource Clinic v. Harris and Evergreen Ass’n v. City of New York. Concluded that Evergreen was correctly decided, and the Ninth Circuit should have followed such reasoning in A Woman’s Friend.

Anna K. Martin, Making Pro-Abortion Laws Pro-Choice for Female Rape Victims, 33 Wis. J.L. Gender & Soc’y 63 (2018). Examined the lack of legal protections for women who want to continue a pregnancy resulting from rape. Recommended state legislation to protect women in this situation by implementing parental rights and responsibilities of the rapist, implementing a family violence option for strangers and acquaintances, and disallowing the court’s use of the best interests of the child standard when determining custody in such cases.

Desire’e Martinelli, Sex, Drugs, Trump and Birth Control, 24 Wm. & Mary J. Women & L. 295 (2018). Offered medical and legal support for the necessity of over-the-counter access to contraception. Considered the historical background of contraception and related distribution practices. Examined the current unintentional pregnancy epidemic, as well as physician and FDA practices that perpetuate issues with the availability of contraception. Concluded that these issues impinge on the rights of women.

Katrina R. Myers, Little Sisters’ Sorrow: Conversations About Contraception and Reproductive Justice, 24 Wm. & Mary J. Women & L. 337 (2018). Explored how religious groups and reproductive justice activists can facilitate a constructive dialogue to protect women’s rights and work together to bring light to healthcare issues by using the amicus briefs in Zubik v. Burwell as a model.

Priscilla A. Ocen, Incapacitating Motherhood, 51 U.C. Davis L. Rev. 2191 (2018). Examined how incapacitation is used to regulate the reproductive rights of vulnerable women by denying reproductive healthcare, sterilization, alienation from their children, or other means. Recommended prison reform to accommodate motherhood in such circumstances.

Michael S. Paulsen, Five Provocative Pro-Life Proposals, 35 Quinnipiac L. Rev. 661 (2017). Discussed abortion as a moral and constitutional wrong. Suggested five proposals to advance pro-life measures, including the notions that the Court should declare fetuses to be “persons” for legal purposes and should repudiate the definition of “health of the mother” as set forth in Roe v. Wade.

Anna S. Roy, Ninth Circuit Applies Intermediate Scrutiny to Mandated Abortion Clinic, 50 Suffolk U. L. Rev. 771 (2017). Explored the intermediate scrutiny standard applied to professional speech by the Ninth Circuit to regulations within National Institute of Family & Life Advocates v. Harris. Projected that, upon its review of the case, the Supreme Court would likely apply a strict scrutiny analysis.

Vincent Samar, Personhood Under the Fourteenth Amendment., 1 Marq. L. Rev. 287 (2017). Asserting that personhood should be assessed objectively without ascribing to one particular religious or moral view considering America’s pluralistic society. Examined historic case law surrounding abortion and concluded that a fetus is not a person under the Constitution and found that this is particularly true in early stages of pregnancy.

Francesca Schley, Book Note, 32 Berkeley J. Gender L. & Just. 177 (2017) (reviewing Jennifer M. Denbow, Governed Through Choice: Autonomy, Technology and the Politics of Reproduction (2015)). Reviewed Jennifer M. Denbow’s book Governed Through Choice. Criticized Denbow’s central tenant that subversive and transgressive action is a more promising avenue for attaining reproductive autonomy than legal reforms.

Reva B. Siegel, ProChoiceLife: Asking Who Protects Life and How—And Why It Matters in Law and Politics, 93 Ind. L.J. 207 (2018). Examined different policies on abortion, contraception, healthcare, income assistance, and sexual education. Evaluated the accommodation of pregnancy and parenting in the workplace and compared policies to protect life from a “ProChoiceLife” perspective.

Mary Ziegler, Facing Facts: The New Era of Abortion Conflict After Whole Woman’s Health, 52 Wake Forest L. Rev. 1231 (2017). Examined Whole Woman’s Health v. Hellerstedt to highlight the undue burden test’s development and the “war” over abortion. Explored the case’s implications for doctrinal areas with regard to abortion.

Same-Sex Marriage

Carlos A. Ball, Against LGBT Exceptionalism in Religious Exemptions from Antidiscrimination Obligations, 31 J. Civ. Rts. & Econ. Dev. 233 (2018). Argued LGBT protections in antidiscrimination laws should follow precedent concerning religious exemptions. Examined Nelson Tebbe’s Religious Freedom in an Egalitarian Age as a means to describe a common middle ground between LGBT rights and religious liberty.

Luke A. Boso, Dignity, Inequality, and Stereotypes, 92 Wash. L. Rev. 1119 (2017). Explained the meaning of “dignity” in a constitutional context while analyzing how the Supreme Court uses it in Equal Protection and Due Process challenges. Assessed Obergefell and its guide to assessing the constitutional harms of stereotyping. Outlined three clear definitions of stereotypes. Discussed “beneficial or ‘dignified’ stereotyping.” Applied those definitions to LGBTQ contexts.

Caroline M. Corbin, A Free Speech Tale of Two County Clerk Refusals, 78 Ohio St. L.J. 819 (2017). Juxtaposed two hypothetical First Amendment claims of compelled speech concerning county clerks against the government’s interest in equal protection.

Vance D. Day, In re Neely: The “Pedestal Principle” and Judicial First Amendment Liberties in an Era of Increasing Thought Conformity, 30 Regent U. L. Rev. 119 (2018) Addressed the tension between the Judicial Code of Conduct and First Amendment rights of judges. Questioned whether religious beliefs of judges, when discovered, impacted the judge’s impartiality. Argued for the liberty of moral conscience for judges and, more specifically, a right to recusal post-Obergefell.

Adam K. Hersh, Daniel in the Lion’s Den: A Structural Reconsideration of Religious Exemptions from Nondiscrimination Laws Since Obergefell, 70 Stan. L. Rev. 265 (2018). Explored the posture of religious accommodations post-Obergefell using a structural interpretation of the Establishment Clause.

Jeremiah A. Ho, Find Out What It Means to Me: The Politics of Respect and Dignity in Sexual Orientation Antidiscrimination, 2017 Utah L. Rev 3 (2017). Examined the aftermath of Obergefell and contrasted it with the aftermath of Lawrence v. Texas, which is a decade older. Proposed new ways to undo the “respectability politics” left over from Obergefell.

Charles W. Rhodes, Loving Retroactivity, 45 Fla. St. U. L. Rev. 2 (2018). Examined the impact of Obergefell v. Hodges and its retroactive application to same-sex marriage. Noted that this retroactive application caused couples to backdate their marriages, which can cause confusion in property transactions and divorce. Looked to understand the issues surrounding retroactivity, and explained procedural doctrines attached to it, such as judgment scope, declaratory breadth, limitations periods, and judgment finality.

Clifford Rosky, Anti-Gay Curriculum Laws, 117 Colum. L. Rev. 1461 (2017). Explained how certain curriculum laws expose LGBT students to stigmatization. Demonstrated that anti-gay provisions exist in the curriculum laws of twenty states. Suggested that these laws violate the Constitution’s equal protection guarantees as established in Romer v. Evans, Lawrence v. Texas, Windsor v. United States, and Obergefell v. Hodges. Concluded that opposition to these curriculum laws is a necessary step towards establishing legal equality for LGBT individuals.

Renuka Santhanagopalan, Ménage à What? The Fundamental Right to Plural Marriage, 24 Wm. & Mary J. Women & L. 415 (2018). Argued that the fundamental constitutional right to marriage recognized for same-sex couples in Obergefell necessarily extends to plural unions.

Sexual Regulation

Anita Bernstein, Working Sex Words, 24 Mich. J. Gender & L. 221 (2017). Discussed complications of word choice when discussing the legality of the buying or selling of sexual acts. Argued that current vernacular impedes legal reform.

Eric M. Clarkson, Judicial Ecology: Reconciling a Normative Critique of Hively v. Ivy Tech Community College with the Current Sociopolitical Context, 33 Wis. J.L. Gender & Soc’y 1 (2018). Analyzed the Seventh Circuit’s decision in Hively v. Ivy Tech Community College, which created a circuit split on the issue of whether sexual orientation discrimination falls under the umbrella of sex discrimination for the purposes of Title VII. Examined sociopolitical context surrounding the decision in Hively, as well as the significance of the Supreme Court’s refusal to review the issue.

Marvin Lim, Scrutinizing Sex Under Natural Law: Unitive Sex, Self-Gratifying Sex, and Concepts of Harm, 45 Cap. U. L. Rev. 579 (2017). Critiqued the traditional Catholic view that sex must have a unitive function. Explained that contemporary discourse about sex is not sufficiently cognizant of potential harm to human dignity. Proposed that laws relating to sex should account for human dignity, and not just pleasure.

Emily A. Robey-Phillips, Federalism in Campus Sexual Violence: How States Can Protect Their Students When a Trump Administration Will Not, 29 Yale J.L. & Feminism 373 (2018). Examined the role of Title IX in protecting students from sexual violence on college campuses. Recommended how states can increase protections for students and eliminate the need for students to rely solely on a presidential administration for the enforcement of Title IX.

Ashley Sarkozi, Criminals, Classrooms, and Kangaroo Courts: Why College Campuses Should Not Adjudicate Sexual Assault Cases, 50 Loy. L.A. L. Rev. 123 (2017). Argued that colleges should not be able to adjudicate sexual assault cases under Title IX because it forces those colleges to violate the Due Process Clause. Recommended that, instead of giving the accused more due process rights in the college adjudication process, accusations of criminal activity should be left to the criminal justice system.

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Kendra Huard Fershee

Kendra Huard Fershee is a professor at Creighton University School of Law and Family Law Quarterly Editor in Chief.