This essay discusses the history of Roe v. Wade as recently addressed by Linda Greenhouse and Reva B. Siegel. Going beyond their assertions, I suggest that an additional, more encompassing inquiry focuses on what factors are implicated in the politics of abortion and how these factors relate to larger social, political, and cultural conflicts both…
Category: 89:4
ICANN’s Escape from Antitrust Liability
Setting the Pace for Energy Efficiency: The Rise, Fall, and (Potential) Return of Property Assessed Clean Energy
Judging, Expertise, and the Rule of Law
We live in an era of hyper specialization. Professionals across a spectrum of fields focus on mastering and practicing in narrow subspecialties. This is hardly a surprise. As the scale of knowledge grows, it becomes increasingly difficult for any one person to stay on top of details and developments across a field, and specialization represents…
Cybersecurity and Executive Power
This Article analyzes the constitutional authority of the President to shut down or limit public access to the Internet in a time of national emergency. The threats posed by cybercrime, cyberwarfare, and cyberterrorism are significant. It is imperative that national governments and international policymakers develop defenses and contingency plans for such attacks. At the same…
Changing the Marriage Equation
This Article brings together legal, historical, and social science research to analyze how couples allocate income-producing and domestic responsibilities. It develops a framework—what I call the “marriage equation”—that shows how sex-based classifications, (non-sex-specific) substantive marriage law, and gender norms interrelate to shape these choices. The marriage equation has changed over time, both reflecting and engendering…
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