Abstract The Supreme Court will soon decide whether, under Title VII of the Civil Rights Act of 1964, it is discrimination “because of sex” to fire an employee because of their sexual orientation or transgender identity. There’s a simple textual argument that it is: An employer cannot take action on the basis of an employee’s […] Continue Reading >
Regulating What Has Yet To Be Created: An Introduction
Regulating What Has Yet To Be Created: An Introduction
Abstract The emerging field of synthetic biology—with the potential for engineering life from scratch—has inherited the laws and regulations of its biotechnology precursor. Yet, synthetic biology allows scientists to do entirely new things. This Article considers the resulting legal and ethical issues after surveying the technological capabilities developed within the field of synthetic biology. I. […] Continue Reading >
Learning from Feminist Judgments: Lessons in Language and Advocacy
How the First Forty Years of Circuit Precedent Got Title VII’s Sex Discrimination Provision Wrong
Learning from Feminist Judgments: Lessons in Language and Advocacy
I. Introduction Law students come to law school with varying conceptions about judicial decision-making. As students move through law school, these conceptions may change multiple times and sometimes dramatically. Some students think that judges decide cases based on pure logic, while others believe that it is all politics or that judges simply follow their hunches.[1] […] Continue Reading >
Regulating What Has Yet To Be Created: An Introduction