Michele Goodwin
Law Faculty Michele Goodwin
Office: 412
Mondale Hall, 229 19th Avenue South
Minneapolis, MN 55455
- P: 612-626-9305
Publications
Books
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The Global Body Market: Altruism’s Limits (Cambridge University Press, 2013) (editor)
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Baby Markets: Money and the New Politics of Creating Families (Cambridge University Press, 2010) (editor)
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Imagining, Writing, (Re)Reading the Black Body (University of South Africa Press, 2009) (co-editor)
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Black Markets: The Supply and Demand of Body Parts (Cambridge University Press, 2006) (reviewed by New Engl. J. of Med., Nature, Publishers Weekly, Law & Pol. Book Rev., Sci Tech. Book News, Library J., J. of Politics, Transfusion, Donna Shalala, Richard Epstein, Jesse Jackson, and Lori Andrews) (translated into Portuguese, 2008)
Journal Articles
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Law’s Limits: Regulating Statutory Rape Law, 2013 Wisconsin Law Review 481 (2013)
| SSRN
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Parent Civil Unions: Rethinking the Nature of Family, 2013 University of Illinois Law Review 1337 (2013)
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Reproducing Hierarchy in Commercial Intimacy, 88 Indiana Law Journal 1289 (2013)
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The Death of Affirmative Action?, 2013 Wisconsin Law Review 715 (2013) (tribute to James E. Jones, Jr.)
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When Institutions Fail: The Case of Underage Marriage in India, 62 DePaul Law Review 357 (2013)
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Capacity and Autonomy: A Thought Experiment on Minors’ Access to Assisted Reproductive Technology, 34 Harvard Journal of Law & Gender 503 (2011)
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Precarious Moorings: Tying Fetal Drug Law Policy to Social Profiling, 42 Rutgers Law Journal 659 (2011)
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Reproductive Carrots and Sticks, 9 Scholar & Feminist Online (Barnard College) (Fall 2010/Spring 2011) (lead article with commentaries from other scholars)
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A View from The Cradle: Tort Law and the Private Regulation of Assisted Reproduction, 59 Emory Law Journal 1039 (2010)
| SSRN
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Bio Law: A Few Thoughts about Altruism and Markets, 18 Kansas Journal of Law and Public Policy 208 (2009)
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Confronting the Limits of Altruism: A Response to Jake Linford, 2 St. Louis University Journal of Health Law & Policy 327 (2009) (solicited response to former student)
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Empires of The Flesh: Tissue and Organ Taboos, 60 Alabama Law Review 1219 (2009)
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Expressive Minimalism and Fuzzy Signals: The Judiciary and the Role of Law, 84 Chicago Kent Law Review 19 (2009) (invited symposium, Lori Andrews, Michael Creighton, et al.)
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Patient Negligence, 72:4 Law and Contemporary Problems 223 (Fall 2009) (invited paper; symposium with Erwin Chemerinsky, Trina Jones, Gary Orfield, Angela Harris, et al.)
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Relational Markets in Intimate Goods, 44 Tulsa Law Review 803 (2009) (Scholarship Symposium honoring Professor Richard A. Epstein) (invited by Richard Epstein)
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Rethinking Colorblind State Action: A Thought Experiment on Racial Preferences, 72:4 Law and Contemporary Problems 251 (Fall 2009)
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Prosecuting the Womb, 76 George Washington Law Review 1657 (2008), reprinted in Women and the Law (University Casebook series, Foundation Press, 4th ed., 2008)
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My Sister’s Keeper?: Law, Children, and Compelled Donation, 29 Western New England Law Review 357 (2007) (invited symposium)
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Private Ordering and Intimate Spaces: Why the Ability to Negotiate Is Non-Negotiable, 105 Michigan Law Review 1367 (2007) (reviewing Mark J. Cherry, Kidney For Sale By Owner: Human Organs, Transplantation, and the Market (Georgetown University Press, 2005)
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The Body Market: Race Politics & Private Ordering, 49 Arizona Law Review 599 (2007)
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Formalism and the Legal Status of Body Parts, 2006 University of Chicago Legal Forum 317 (2006)
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- Has the Emphasis on Autonomy Gone Too Far: Insights from Dostoevsky on Parental Decision Making in the NICU, 15 Cambridge Quarterly of Healthcare Ethics 147-151 (2006)
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The Free-Market Approach to Adoption: The Value of a Baby, 26 Boston College Third World Law Journal 61 (2006)
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Assisted Reproductive Technology and the Double Bind: The Illusory Choice of Motherhood, 9 Journal of Gender, Race & Justice 1 (2005) (lead article)
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Altruism’s Limits: Law, Capacity, and Organ Commodification, 56 Rutgers Law Review 305 (2004) (lead article), excerpts reprinted in Janet L. Dolgin & Lois L. Shepherd, Bioethics and the Law (Aspen, 2005)
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Locating Women in Law and Psychiatry, 26 International Journal of Law & Psychiatry 447 (2003) (guest editor of special issue on women) (lead editorial)
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The Economy of Citizenship, 76 Temple Law Review 129 (2003) (lead article)
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Sex, Theory, & Practice: Reconciling Davis v. Monroe & the Harms Caused by Children, 51 DePaul Law Review 805 (2002) (cited by the Seventh Circuit Court of Appeals in Gabrielle M. v. Park Forest-Chicago Heights, 315 F.3d 817 (2003))
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Deconstructing Legislative Consent Law: Organ Taking, Racial Profiling & Distributive Justice, 6 Virginia Journal of Law & Technology 2 (2001), reprinted in 5 DePaul Journal of Health Care Law 257 (2002)
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The Black Woman in the Attic: Law, Metaphor and Madness in Jane Eyre, 30 Rutgers Law Journal 597 (1999) (lead article)
Book Chapters
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Compelled Body Part Donations from Children, in The Global Body Market: Altruism’s Limits (Michele Goodwin, ed., Cambridge University Press, 2013)
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Introduction, in The Global Body Market: Altruism’s Limits (Michele Goodwin, ed., Cambridge University Press, 2013)
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Liberalizing Tort Law, in The Global Body Market: Altruism’s Limits (Michele Goodwin, ed., Cambridge University Press, 2013)
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Health Law: Cognitive Bias in Medical Decision-Making, in Implicit Racial Bias Across the Law (Justin D. Levinson & Roger J. Smith, eds., Cambridge University Press, 2012)
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Newman v. Sathyavaglswaran: Unbundling Property in the Dead, in Health Law and Biothics: Cases in Context (Sandra H. Johnson, Joan H. Krause, Richard S. Saver & Robin Fretwell Wilson, eds., Aspen Publishers, 2009)
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Rethinking Federal Organ Transplantation
Policy: Incentives Best Implemented
by State Governments, in When Altruism Isn’t Enough: The Case for Compensating Kidney Donors (Sally Satal, ed., AEI Press, 2009)
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The Black Body as Medical Commerce, in Imagining, Writing, (Re)Reading the Black Body (Sandra Jackson, Fassil Demissie & Michele Goodwin, eds., University of South Africa Press, 2009)
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Some Rap and Hip-hop Music Promotes Sexual Violence, in Sexual Violence (Louise I. Gerdes, ed., Greenhaven Press, 2008)
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Bioethical Entanglements of Race, Religion, and AIDS, in Handbook of Bioethics and Religion (David Guinn, ed., Oxford University Press, 2006)
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Tissue Banking: Disclosure, Informed Consent, and the Rule of Law, in Contemporary Issues in Business Ethics: The Callista Wicklander Lectures, DePaul University, 1991-2005 (Keith W. Krasemann & Patricia Hogue Werhane, eds., University Press of America, 2006)
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Assisted Reproductive Technology and Other Reproductive Health Issues, in Illinois Jurisprudence (vol. 27, Health Care Law, LexisNexis, 2005)
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Organ Donation, in Illinois Jurisprudence (vol. 27, Health Care Law, LexisNexis, 2005)
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Gender, Race, and Mental Illness: The Case of Wanda Jean Allen, in Critical Race Feminism: A Reader (Adrien Katherine Wing, ed., New York University Press, 2d ed., 2003)
Book Reviews
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Book Review, 8 American Journal of Biothics 52 (Nov. 2008) (reviewing African American Bioethics: Culture, Race, and Identity (Lawrence Prograis, Jr. & Edmund Pellegrino, eds., Georgetown University Press, 2007)) (invited book review)
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Over Our Dead Bodies, 198 New Scientist 50 (May 10, 2008) (reviewing Donna Dickenson, Body Shopping: The Economy Fuelled by Flesh and Blood (Oneworld Publications, 2008))
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Book Review, 14 Law and Politics Book Review 1 (Jan. 2004) (reviewing Susan M. Behuniak & Arthur G. Svenson, Physician-Assisted Suicide: The Anatomy of a Constitutional Law Issue (Rowman & Littlefield, 2003))
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Book Review, 12 Law and Politics Book Review (Feb. 2002) (reviewing Jerry Menikoff, Law and Bioethics: An Introduction (Georgetown University Press, 2001))
Edited Symposia & Journals
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Disentangling Fact from Fiction: The Realities of Unequal Health Treatment, 9 DePaul Journal of Health Care Law (2006) (symposium issue) (Convened symposium,recruited scholars, advised editors, and consulted with writers; Authors include Timothy Jost, Camille Nelson, Kevin Outerson, Lisa Ikemoto, Ruqaiijah Yearby, Michael Malinowski, Dayna Matthew and Nanette Elster)
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Precious Commodities: The Supply & Demand of Body Parts, 55:3 DePaul Law Review 793-1066 (Spring 2006) (symposium issue) (Convened symposium, recruited scholars, coordinated
panels, and advised/supervised journal editorial staff; Authors included Michelle Oberman, David Kaserman, Raymond Pollock, Lloyd Cohen, Robert Katz, and Thomas Peterson)
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Maternal Fetal Conflict: Pregnancy, Domestic Violence & the Law, 8:2 DePaul Journal of Health Care Law 365-518 (2005) (special issue with the American Medical Association) (Recruited writers, initiated collaboration with the AMA, and advised/supervised journal editorial staff; Authors include Lynn Paltrow, Dr. Linda Saltzman, and Health Law Scholars: Katy Sikich, and Kimberly Horn)
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Race as Proxy in Law and Society: Emerging Issues in Race and the Law, 53:3 DePaul Law Review 929-1246 (Spring 2004) (symposium issue) (Recruited scholars, wrote grants, and collaborated/advised student editors; Contributing authors included Blake Morant, Alfred Brophy, Anthony Farley, Penelope Andrews, Deseerie Kennedy, and Rene Bowser)
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Locating Women in Law and Psychiatry, 26 International Journal of Law & Psychiatry 447-582 (2003) (Guest editor and organizer of first ever special edition on women) (Contributing authors include Cynthia Grant Bowman, Michelle Oberman, Fiona Raitt, and Patricia Peppin)
Entries in Reference Works
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Citizenship and Race, in Encyclopedia of Race and Racism (John H. Moore, editor-in-chief, Macmillan Reference USA/Thomson Gale, 2008)
Editorials, Commentary & Letters
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Law Professors See the Damage Done by “No Child Left Behind,” Chronicle of Higher Education, Mar. 12, 2013
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‘Legitimate Rape’—a Dangerous Fallacy, Chronicle of Higher Education, Aug. 21, 2012
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It Takes A Cooperative to Raise a Child, Chronicle of Higher Education, Aug. 3, 2012
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Hope Emerging From Despair: HIV/AIDS in South Africa, Chronicle of Higher Education, July 30, 2012
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2 Lessons From the Penn State Scandal, Chronicle of Higher Education, July 20, 2012
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A Victory for John Roberts, Chronicle of Higher Education, June 28, 2012
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Rethinking the Bush Legacy, Chronicle of Higher Education, June 28, 2012
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Hating the Obamas, Chronicle of Higher Education, June 6, 2012
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Stalking Patients at Hospitals, Chronicle of Higher Education, May 23, 2012
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Elizabeth Warren, Scott Brown, and Race Card Politics, Chronicle of Higher Education, May 3, 2012
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Why Can’t We All Just Get Along?, Chronicle of Higher Education, May 1, 2012
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Stand Your Own Ground—Through a Racial Kaleidoscope, Chronicle of Higher Education, Apr. 21, 2012
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“I Didn’t Know She Was A Prostitute!”, Chronicle of Higher Education, Apr. 20, 2012
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Police and Prosecutorial Discretion, Chronicle of Higher Education, Mar. 29, 2012
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Walking While Black, Chronicle of Higher Education, Mar. 23, 2012
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The Death of Affirmative Action, Part 2: Education as a Finite Resource, Chronicle of Higher Education, Mar. 21, 2012
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The Death of Affirmative Action, Part 1, Chronicle of Higher Education, Mar. 15, 2012
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The Boycott of Rush Limbaugh, Chronicle of Higher Education, Mar. 6, 2012
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Goodbye, Anthony Shadid…, Chronicle of Higher Education, Feb. 17, 2012
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The Male Chromosome, Chronicle of Higher Education, Feb. 3, 2012
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Defining Sexual Harassment, Chronicle of Higher Education, Jan. 30, 2012
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Joe Paterno Has Died, Chronicle of Higher Education, Jan. 22, 2012
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Transplant Rules Are Out of Touch With Reality, Chronicle of Higher Education, Jan. 22, 2012
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Too Disabled for an Organ Transplant?, Chronicle of Higher Education, Jan. 20, 2012
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Rereading Jane Eyre, Chronicle of Higher Education, Jan. 17, 2012
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Can a Woman Become President of the United States?, Chronicle of Higher Education, Jan. 4, 2012
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Prediction for 2012: Continued U.S. Decline in Education, Chronicle of Higher Education, Jan. 2, 2012
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What’s a Baby Worth?, Chronicle of Higher Education, Dec. 28, 2011
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Stomping on Women in the Streets … Signs of a New Democracy?, Chronicle of Higher Education, Dec. 22, 2011
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When the Elves Are Women—and the Boys Play Santa Claus, Chronicle of Higher Education, Dec. 16, 2011
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Law Schools’ Failure To Prepare Students… It’s Complicated, Chronicle of Higher Education, Dec. 13, 2011
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Jerry Sandusky Arrested Again As A Weak Defense Strategy Emerges, Chronicle of Higher Education, Dec. 8, 2011
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Another University Coach Is Fired On Sex-Abuse Charges, Chronicle of Higher Education, Nov. 28, 2011
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Immolation, Stoning, Imprisonment, or Marrying Your Rapist, Chronicle of Higher Education, Nov. 27, 2011
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Jerry Sandusky Regrets Showering With Boys… Really?, Chronicle of Higher Education, Nov. 17, 2011
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Sex Abuse Allegation at the Citadel, Chronicle of Higher Education, Nov. 15, 2011
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Why Riot?, Chronicle of Higher Education, Nov. 11, 2011
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Paterno and Spanier Out, But Tragedy Remains at Penn State, Chronicle of Higher Education, Nov. 10, 2011
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Joe Paterno May Soon Be Gone, Chronicle of Higher Education, Nov. 8, 2011
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What Are Penn State’s Priorities?, Chronicle of Higher Education, Nov. 6, 2011
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Where Are You From?, Chronicle of Higher Education, Nov. 5, 2011
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The ‘F’ Word, Chronicle of Higher Education, Nov. 1, 2011
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A New Week in Libya, but a Bumpy Road Ahead, Chronicle of Higher Education, Oct. 25, 2011
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Shame on The NY Times and Maybe Your Newspaper Too…, Chronicle of Higher Education, Oct. 12, 2011
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Beating Women Drivers in Saudi Arabia: When the Culture Excuse Fails, Chronicle of Higher Education, Sept. 30, 2011
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Maybe It’s Easier For Law Profs to Become Senators Than Judges?, Chronicle of Higher Education, Sept. 15, 2011
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A Tale of Two Birth Wards, Chronicle of Higher Education, Sept. 7, 2011
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Paying for Fraud, Abuse, and Extortion as the Cost of War, Chronicle of Higher Education, Sept. 6, 2011
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Gaddafi Falls, but Will Poor Governance Persist?, Chronicle of Higher Education, Aug. 25, 2011
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Is Health-Care Reform Dead?, Chronicle of Higher Education, Aug. 15, 2011
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Can’t Blame Colonialism for Current Rapes in Congo, Chronicle of Higher Education, July 26, 2011
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Who’s Your Daddy, Chronicle of Higher Education, July 22, 2011
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First Amendment Fundamentalism, Chronicle of Higher Education, July 2, 2011
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‘Little Janie Q’ Meets the Roberts Court, Chronicle of Higher Education, June 22, 2011
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Did He Really Sell a Kidney for an iPad?, Chronicle of Higher Education, June 6, 2011
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Rape, Sexual Exploitation, and War, Chronicle of Higher Education, June 3, 2011
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Until Deportation Do They Part…, Chronicle of Higher Education, May 28, 2011
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The New Reproductive Frontier, Chronicle of Higher Education, May 23, 2011
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A Return To Judging: Genetics and Biotechnologies in the Courts, 23 GeneWatch 28 (Oct.-Dec. 2010)
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A National Conversation about Race and Class, but the Women Are Uninvited, Cleveland Plain Dealer, Aug. 1, 2009
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Reflections on Race: Four Writers Share Their Views, Christian Science Monitor, July 30, 2009
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The Organ Donor Taboo, Forbes Magazine, Oct. 15, 2007, at 32
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Mr. Cosby Meet Rosa Parks, Washington Post, Aug. 14, 2006, at A12
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Take The Debate Over Degrading Rap Videos Off Mute, Christian Science Monitor, Aug. 11, 2006, at 9
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Make Trade In Body Parts Safer, The New Zealand Herald, July 5, 2006
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Horror of Stolen Body Parts for Implants Is World Wide, Canberra Times, June 29, 2006
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Organ Donors, For Love and Money, New York Times, May 19, 2006
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Gates, Race, and Driving While Black, Christian Science Monitor, July 24, 2005
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The World Lott Spoke Of, Chicago Sun-Times, Dec. 25, 2004
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Commerce in Cadavers is an Open Secret, LA Times, Mar. 11, 2004, at B15, reprinted in Houston Chronicle and Wisconsin Sentinel
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Race & Urban Health: Confronting a New Frontier, 5 DePaul Journal of Health Care Law 181 (2002) (commentary)
Testimony
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Medical Records & Privacy, presented to Subcommittee on Privacy and Confidentiality of the National Committee on Vital and Health Statistics (read into the record on Privacy and Health Information Technology), Mar. 23, 2005