By Georgi J. Vogel Rosen

In this article, I trace the development of Title VII religious accommodations and argue that the Tenth Circuit’s interpretation undermines the very purpose of the religious accommodation requirement.  The Tenth Circuit’s decision in Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc. provides employers with a roadmap for discriminating against applicants from identifiably religious minority backgrounds without significantly risking liability.  At a time when certain religious minorities—specifically, Muslims, Jews, and Sikhs—already are disproportionately targeted because of bias, the requirement that employees or applicants explicitly notify employers of the need for religious accommodations increases their vulnerability.

By Greg Sager

In Massachusetts, rabbis have the authority to perform civil same-sex marriages, but can they refuse to do so? By identifying the same-sex marriage stances of the three largest American Jewish denominations – the Orthodox, Conservative, and Reform Movements – and by examining the current state of the law, this article will show that Massachusetts offers rabbis no legal protection and will explore the implications for the Movements, rabbis, and same-sex couples involved.

by Lena Cavallo

Matt Finer, a scientist at the Center for International Environmental Law in the United States, expressed his view on the situation surrounding Yasuní National Forest in Ecuador: “Now there is really no viable alternative to stop the wave of drilling slated for the most biodiverse region of the world.” It is true the number of ways to save Yasuní may be shrinking, but they have not yet disappeared.

by Hillary Knight

Section I of this paper briefly describes constitutional privacy jurisprudence and why the government gains power and authority as it restricts the private sphere, particularly with regard to reproductive rights.  Section II describes the exclusionary and discriminatory mechanisms employed to regulate the sale and purchase of PBOS, which is one of the ways that the government exercises its parent-like control over the decisions and freedoms of young women.  The final section argues that privacy jurisprudence and exclusionary mechanisms are simply ways in which the state creates and perpetuates its role as guardian and parent over its citizens.  Like the ability to ground rebellious teenagers or to set their curfews, the limitations set by the state are not to be challenged or questioned, but followed with the understanding that they are executed with our best interests in mind.  This, I suggest, is quite dangerous and it is why Judge Korman’s reversal of Sebelius was deeply threatening, not only to the HHS, but also to the entire executive branch. 

By Njideka Chukwu

Antimicrobial, sometimes referred to as antibacterial, hand soaps contain certain chemicals not found in plain soaps. The purpose of these added chemicals is for the reduction or prevention of bacterial contamination.  Many antimicrobial hand soaps contain a chemical called triclosan.  Triclosan is a chemical that concerns many environmental and industry groups because studies show that in testing done on animals, triclosan is a hormone disrupter, meaning that it has been classified as a chemical that prevents the natural flow of hormones to specific parts of the human body.  In addition, some studies indicate that triclosan exposure actually makes bacteria resistant to antibiotics; thus, such research leaves open the possibility that triclosan exposure may lower the effectiveness of medical treatments.  Triclosan has chemical properties that allow it to accumulate in fatty tissues and has been found in animal and human samples. There have also been toxicity studies in humans that assessed the effect of chronic exposure to triclosan.  Alarmingly, triclosan has a similar chemical structure to nonsteroidal estrogens found in humans. There have also been in-vitro studies done with triclosan.  For example, studies done in 2007 and 2008 have shown triclosan to affect anti-androgenic and anti-estrogenic levels in human breast and testosterone cells. Specific endocrine-disruptor compounds have been shown to increase the development of prostate cancer.  Although there has been a link to prostate cancer, not enough is known to prove the link some researchers have found.

This article highlights the most recent legal challenges brought against the Food and Drug Administration and hand soap companies. I will examine how plaintiffs have successfully brought suit against parties who play a role in either regulating or promulgating the presence of triclosan in U.S. markets. I argue that there should be an increase in the regulation of triclosan in antimicrobial hand soaps.

By Jordan L. Payne

This paper will first address the competing frames within the contested realm of surrogacy, contrasting the “baby selling” with “gift of life” rhetoric. Through these frames, this paper will compare Illinois and New Hampshire’s respective regulation of surrogacy contracts. Comparing the intended parent-friendly scheme in Illinois with the surrogate mother-friendly posture of New Hampshire law, this paper will advocate for a sensitive balance in any forthcoming Massachusetts legislation. In envisioning legislation for Massachusetts, I will argue that true protection of the surrogate can be achieved by allowing full payment to the surrogate (beyond medical expenses), and banning any post-birth termination provisions. Additionally, I will urge Massachusetts to incorporate mandatory healthcare for the surrogate, and require legal counsel for both parties to the contract. Finally, I will advocate for incentivization of “gestational surrogacy” in light of the ethical (and often religious) concerns that arise from “traditional surrogacy” arrangements. The ethical debate over surrogacy illuminates the societal forces that often stall legislation – these dilemmas are apparent in the New Hampshire and Illinois surrogacy laws. Massachusetts lawmakers can no longer punt this hotly contested issue to the courts, contributing to the patchwork of uncertain precedent for families opting for surrogacy arrangements.