Cornell University law professor Sherry Colb draws upon recent comments by Republican presidential candidate Donald Trump in order to explore the sexism of having a separate “ladies’ room.” Colb responds to two of the most common objections to unisex restrooms and calls upon more people to demand them in public places.
Columns by Sherry F. Colb
Frozen Embryo Disputes
Cornell University law professor Sherry Colb uses a recent court dispute over a contract governing a divorced couple’s frozen embryos as the basis for considering some important issues that would arise in a frozen embryo dispute with no contract. Colb points out that resolving such a dispute would require careful balancing of the right of one party to procreate, on the one hand, and the right of the other party not to procreate, on the other.
Education Department Faults Illinois School District for Excluding Transgender Girl from Locker Room Changing Area
Cornell University law professor Sherry F. Colb comments on a finding by the U.S. Department of Education Office for Civil Rights that an Illinois school district had violated anti-discrimination laws by barring a transgender girl from showering and changing in the girls’ locker room without restrictions. Colb argues that perhaps the best solution for everyone may be to have individual showers for everyone, rather than singling out a single person or disregarding the privacy concerns of everyone.
Adjusting IQ Scores so More Minorities Are Eligible for the Death Penalty
Cornell University law professor Sherry Colb discusses the claim that IQ scores of minorities should be upwardly adjusted for the purpose of eligibility for the death penalty. Drawing upon an article on the issue by Robert Sanger, Colb argues that even if the practice of adjusting IQ scores were scientifically supported (which it is not), doing so for death penalty purposes constitutes invidious race discrimination in violation of the federal Constitution.
Is “Pro-Choice Ethical Vegan” an Oxymoron?
Cornell University law professor Sherry Colb considers whether it is morally consistent for a person to be an ethical vegan and also to be pro-choice with respect to abortion.
Why Pro-Life and Pro-Animal Violence Are Immoral
Sherry Colb, a law professor at Cornell Law School, discusses the moral status of perpetrating violence to express opposition to abortion and to animal killing and cruelty. Colb argues there are nonviolent means of furthering pro-life and pro-animal rights movements, violence for these purposes is an unnecessary and thus immoral option.
Why Don’t Pro-Life Advocates Champion Contraception?
Cornell University law professor Sherry Colb considers why pro-life advocates often do not champion contraception. Colb looks at two philosophical approaches to morality—deontology and consequentialism—to better understand this observed phenomenon.
Donald Trump’s Woman Problem
Cornell University law professor Sherry Colb discusses the sexism Donald Trump displayed during the night of the second Republican presidential debate. Colb points out that Trump’s words reveal his hateful and exploitative attitude toward women and is hopeful that people are prepared to vote accordingly.
Ohio Considers Banning Abortions Motivated by Down Syndrome
Cornell University law professor Sherry Colb discusses an Ohio bill currently under consideration that would ban abortions motivated by the presentation of Down syndrome by an embryo or fetus. Colb argues that a woman’s right to make decisions over her bodily integrity includes the right to make a decision on a basis that some or most people might find offensive.
Who Counts as a Woman? The Court of Arbitration for Sport Provides an Answer
Cornell University law professor Sherry Colb discusses possible implications a ruling by the Court of Arbitration for Sport that a woman’s having a naturally high level of testosterone in her body is insufficient grounds for barring her from competing in women’s athletics.
The Sixth Circuit Says No to “Butt Dial” Privacy
Cornell University law professor Sherry Colb analyzes a recent decision by the U.S. Court of Appeals for the Sixth Circuit holding that when a person with a cellphone inadvertently calls a third party, thereby exposing personal communications, the caller retains no reasonable expectation of privacy in the matters disclosed for purposes of the federal Wiretap Act.
What Reactions to the Undercover Planned Parenthood Video Tell Us About Our Values
Cornell University law professor Sherry Colb draws upon the outrage many people felt in response to a video allegedly showing Planned Parenthood officials discussing the sale of fetal body parts and tissue from abortions (video that was subsequently revealed to be edited so as to be intentionally misleading) in order to discuss a different area in which tissue and parts are bought and sold without evoking such broad outrage.
Delayed Trials for Fairer Outcomes?
Cornell University law professor Sherry Colb discusses a proposal by Adam Benforado, author of Unfair: The New Science of Criminal Justice, that one way to improve the criminal justice system would be to conduct and record trials outside of the jury’s presence, then to show edited versions of the recordings to juries after all of the evidence has been presented. Colb explains how this proposal could potentially improve the system and addresses some potential obstacles to its implementation.
What City of Los Angeles v. Patel Might Tell Us About Abortion
Cornell University law professor Sherry Colb discusses the U.S. Supreme Court’s decision in City of Los Angeles v. Patel, in which the Court held facially unconstitutional a statute requiring hotel operators to record, keep, and disclose upon demand by law enforcement certain information about their guests. Colb argues that the Court’s reliance on Planned Parenthood v. Casey to find the statute unconstitutional reinforces the link between substantive and procedural privacy.
Is There a Moral Duty to Disclose That You’re Transgender to a Potential Partner?
Cornell University law professor Sherry Colb considers arguments for and against a moral duty by transgender individuals disclose their transgender status to potential sexual partners before having relations.
The Shrinking Fourth Amendment: Heien v. North Carolina
Cornell University law professor Sherry Colb discusses the potential downsides of the U.S. Supreme Court’s holding earlier this year in Heien v. North Carolina, in which the Court held that a police officer could, consistent with the Fourth Amendment right against unreasonable seizures, stop a driver for a behavior that the officer mistakenly but reasonably believes is illegal.
The Appearance and Reality of Cruelty in Glossip v. Gross
Cornell University law professor Sherry Colb discusses actual versus perceived cruelty in the administration of capital punishment, as raised recently during oral arguments before the U.S. Supreme Court in Glossip v. Gross.
Justice Alito Asks Whether Non-Romantic Couples Should Have the Right to Marry: Absurd Question?
Cornell University law professor Sherry Colb discusses a question Justice Samuel Alito asked during oral argument last week in the same-sex marriage cases—whether non-romantic couples should have the right to marry.
When Religious Airline Passengers Ask Women to Move
Cornell University law professor Sherry Colb discusses the competing values at issue when an ultra-Orthodox Jewish man on an airplane requests not to be seated next to a woman who is not his wife.
Competing Values in the Conviction of a Woman for Feticide
Cornell University law professor Sherry Colb discusses a recent criminal case out of Indiana, in which a woman was convicted and sentenced for feticide. Colb argues that while the situation as a whole is a tragedy, it also highlights a failure of the State of Indiana to have empathy for women in pain whose circumstances call for mercy rather than a pure retributive impulse.