This essay responds to I. Glenn Cohen’s articles, Regulating Reproduction and Beyond Best Interests, by asserting that Cohen’s work fails to attain his goal of fundamentally shifting the terrain upon which discussions about exercising control over reproduction takes place. The response offers four interrelated observations about why Cohen’s work is ultimately unconvincing. First, his work…

In this response to I. Glenn Cohen’s article, Regulating Reproduction, Professor Crawford notes the ways in which Professor Cohen’s questioning of “best interests” logic challenges legal scholars to reexamine received wisdom. She then evaluates Professor Cohen’s critique of “best interests” in the context of income taxation of surrogates. Professor Crawford concludes that Professor Cohen’s “unmasking”…

In Crawford v. Washington, the Supreme Court overruled the Ohio v. Roberts “reliability” test for the admission of hearsay statements as against a Confrontation Clause objection in criminal cases. The Court did so in part on the basis that the Roberts test was inherently unpredictable. The Court replaced the Roberts test with a case-by-case analysis…

In this response to Professor I. Glenn Cohen’s article, Regulating Reproduction: The Problem with Best Interests, Professor Alvaré argues that rules restricting reproductive freedom serve an important societal purpose and need not be abandoned simply because they cannot be supported by a “best interests of the resulting child” (“BIRC”) rationale. Professor Alvaré acknowledges that such…

This article responds to Exploring the Connections Between Adoption and IVF: Twibling Analyses, by Professors Susan Frelich Appleton and Robert A. Pollak. Professors Cohen and Chen begin by emphasizing several valuable contributions made in Professors Appleton and Pollak’s article. Then, in an effort to crystallize a number of important points, Professors Cohen and Chen note…

In this Response, Professors Bingham and Good take a second look at Professor Michael LeRoy’s statistics from his article, Do Courts Create Moral Hazard? When Judges Nullify Employer Liability in Arbitrations, and draw somewhat different conclusions. They then suggest a different policy prescription to address the problem: banning mandatory predispute arbitration clauses in the employment context altogether.

In this Response, Professor Kerr concurs with Professor Balkin in The Constitution and the National Surveillance State that the development of new technology presents problems for the law. But for Kerr, those problems do not demand a shift to a new kind of governance, but rather adaptation of the law to the new technology.

In this Response, Professor Klass further explores and amplifies the federalism issues that Professor Sara Bronin introduced in her article The Quiet Revolution Revived: Sustainable Design, Land Use, and the States. Professor Klass ultimately advocates applying the “cooperative federalism” approach used in other areas of environmental law to the problems of local regulation of green building.