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Genital Exceptionalism Has No Place in the Law: Improving Transgender and Intersex Rights in the 21st Century

Sex exceptionalism—also referred to as sexuality or sexual exceptionalism—is a concept that has recently been developed and explored in feminist legal scholarship. Sex exceptionalism “refers to the way our culture, including law, treats ‘sex differently [than] other activities,’” often in a way that is extreme—either extremely well or extremely poorly. Over the past decade, legalContinue reading “Genital Exceptionalism Has No Place in the Law: Improving Transgender and Intersex Rights in the 21st Century”

Perjury by Omission

“Do you swear to tell the truth, the whole truth, and nothing but the truth?” There are few legal phrases that the layperson can repeat verbatim; this is one of them. But how many people truly understand the nuances and ramifications of testifying under oath? Many assume that if they do not provide the “wholeContinue reading “Perjury by Omission”

Should the Use of Automated License Plate Readers Constitute a Search After Carpenter v. United States?

Introduction Are our privacy interests implicated when police keep records of each and every time our cars are spotted by automated license plate readers? For many years, police have used automated license plate readers (ALPRs) to, among other things, “determine whether a vehicle was at the scene of a crime, to identify travel patterns, andContinue reading “Should the Use of Automated License Plate Readers Constitute a Search After Carpenter v. United States?”

Hushing Contracts

The last few years have brought a renewed appreciation of the costs of nondisclosure agreements that suppress information about sexual wrongdoing. Recently passed bills in a number of states, including New York and California, have attempted to deal with such hush contracts. But such legislation is often incomplete, and many courts and commentators continue toContinue reading “Hushing Contracts”

The Indigenous McClain Doctrine: A New Legal Tool to Protect Cultural Patrimony and the Right to Self-Determination

In December 2010, the United States endorsed the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), which obligates the United States to respect indigenous self-determination and protect Native American cultural objects. Yet, nearly a decade later, the United States has made little progress to meet these commitments, resulting in growing frustration in theContinue reading “The Indigenous McClain Doctrine: A New Legal Tool to Protect Cultural Patrimony and the Right to Self-Determination”

Racial Antagonism, Sexual Betrayal, Graft, and More: Rethinking and Remedying the Universe of Defense Counsel Failings

Is a defendant entitled to a new trial when his counsel has repeatedly spouted ugly racial stereotypes and used racial epithets in referring to his clients? Or should a reviewing court require the defendant to show how he was “prejudiced” by that lawyer’s racial antagonism? In June of 2018, Ellis v. Harrison held that unlessContinue reading “Racial Antagonism, Sexual Betrayal, Graft, and More: Rethinking and Remedying the Universe of Defense Counsel Failings”