Print Archive
For inmates attempting bodily adornment, RLUIPA is too often a dead letter.
Prisons at both the state and federal levels routinely deny or severely restrict access to menstrual supplies for those who need them. Detainees and prisoners alike are left to bleed onto their clothes and the floor of their cells.
Many women long to be mothers one day. Motherhood can take different forms; it can be adopting children, birthing biological children, or nurturing a stepchild, to name a few options. Some women who want biologically related children run a high risk of their children being born with an incurable disease, endangering their chance for biological children to lead healthy lives.
Social understandings of the body and disability, congruent with the ADAAA, ought to counter misleading reductionism about ambiguously diagnosed conditions as disabilities, including long COVID.
Observers have long debated the propriety of certain market exchanges involving the body, including prostitution, organ and gamete selling, commercial surrogacy, and blood and plasma markets, so called “contested commodities” or “taboo trades.” Although such disputes about the nature of market boundaries are long-standing, particularly in the context of the human body, recent years have seen a renewed focus on the ways in which attitudes about the proper scope of commercial exchange shape markets—and, indeed, dictate whether exchange for money occurs at all.
The balance of this Essay describes and analyzes originalism from a different point of view, centering the experiences of Black women and girls. It then argues that the Court's selective canvassing of history exposes a serious fault in the legitimacy, integrity, and character of not only Dobbs, but also its supposed application of originalist methodology.
In December of 2017, the first birth from a uterus transplant in America occurred in Dallas, Texas. This article's focus is to compare uterus transplants to other ways to achieve parenthood, to evaluate what kinds of rights claims those who seek to use uterus transplants are making against the state and offer some tentative thoughts on how those claims should be treated.
For the better part of a century, the United States Supreme Court has issued a series of decisions, “the underlying premise of [which is] that the Constitution protects ‘the right of the individual . . . to be free from unwarranted governmental intrusion into . . .
This Essay explores how menopausal bodies are managed and monitored in contemporary U.S. culture. The focus is on two distinct aspects of that management and monitoring: menopausal hormone therapy (MHT) and the burgeoning market for technology-driven menopause products and services.
The COVID-19 pandemic, and the overturning of Roe v. Wade, has intensified the fight for access to medication abortion. I argue that conservative and progressive advocacy over medication abortion are windows into how courts legitimize and delegitimize different types of expertise in the service of political goals.
Black male bodies have long been the subject of special attention from the state. This essay focuses on two government interventions in Black masculinity, dating from the 1960s, and their continuing consequences—including for the criminal justice system, and race and gender justice.
Allow me to begin with a scene from one of my favorite novels of the last twenty years. The novel is Hilary Mantel's 'Bring Up the Bodies,' the second in her award-winning trilogy of historical novels about Thomas Cromwell and King Henry VIII.