Rowman & Littlefield Publishers
Trim: 6½ x 9½
978-0-7425-5150-3 • Hardback • March 2007 • $26.95 • (£20.99)
Chapter 1 Preface
Part 2 I. Pregnancy and Its Discontents: Ignoring the Intimate Link between Mother and Fetus
Chapter 3 1. To Murder a Child by Refusing a C-section
Chapter 4 2. Drug-Dealing to Unborn Children
Chapter 5 3. The Inadvertent Murder of an Ex-Girlfriend's Fetus
Chapter 6 4. Kidnapping Unborn Children from their Murdered Mothers
Chapter 7 5. Adopting Embryos from the Frozen Orphanage
Chapter 8 6. Are "Feminists for Life" Feminists for Real?
Chapter 9 7. Sending Out Partial Birth Announcements: Pro-Life Symbolism and Deception
Chapter 10 8. Pro-Life Bullies and Mentally Retarded Women
Chapter 11 9. Forcing Pregnant Women to "Know" about Fetal Pain
Chapter 12 10. The "Minor" Issue of Abortion
Chapter 13 11. Who Gets Custody When the Fertility Clinic Makes a Mistake?
Chapter 14 12. Is That Egg Donor My Mommy?
Chapter 15 13. Battles Over Public Breastfeeding
Chapter 16 14. What Kind of Mother Would Drown Her Children
Part 17 II. Normalizing Rape: The Presumption of Intimacy between Women and Men
Chapter 18 15. A Female Serial Killer's Claims of Rape
Chapter 19 16. Are Rapists Too Good for the Death Penalty?
Chapter 20 17. Date Rape and the Presumption of Innocence
Chapter 21 18. What's Wrong with Date Rape?
Chapter 22 19. Can a Woman Say "No" If She Has Already Said "Yes"?
Chapter 23 20. The Rapist Who Got Away: The Injustice of Statues of Limitations
Chapter 24 21. Jailbait: When "Yes" Means "No"
Chapter 25 22. When Cops Cop a Feel: National Security and Women's Privacy
Part 26 III. What Is Sex Discrimination?
Chapter 27 23. Bartenders without Blush
Chapter 28 24. And Ain't I A Woman?
Chapter 29 25. Why Gay-Bashing Is Sex Discrimination
Chapter 30 26. Single People Seeking Babies: Can the Law Ban Them from Assisted Reproduction?
Chapter 31 27. A Woman's Right to Birth Control Coverage
Chapter 32 28. The FDA Plays Politics with the Morning-After Pill
Chapter 33 29. Do Pharmacists Have a Right to "Choose" Not to Fill Prescriptions?
Chapter 34 30. Killing a Fetus on Account of Her Sex
Chapter 35 31. When Oral Sex Results in a Pregnancy: Can Men Ever Escape Paternity Obligations?
Chapter 36 32. Should Men Have the Right to a "Financial Abortion"?:
Chapter 37 33. Can a Court Order a Deadbeat Dad to Stop Having Children?
Chapter 38 34. The Many Meanings of "Reverse Discrimination"
Chapter 39 35. Is Male Circumcision Gender-Based Violence?
Chapter 40 36. Abortion By Baseball Bat
Chapter 41 Conclusion
A beautifully written and brilliant exploration of gender in American society. Professor Colb tackles all of the hard questions in a series of provocative and insightful essays about some of the most important and intimate aspects of our lives. A must read for all who care about issues of gender, sexuality, and reproduction.
— Erwin Chemerinsky, Dean and Jesse H. Choper Distinguished Professor of Law, University of California, Berkeley School of Law
In her feisty and informative exploration of pregnancy, rape, and sex discrimination, Sherry Colb flips the familiar conclusion of 'no easy answers' to the more challenging premise of 'no easy questions.' Are pro-life feminists feminist? Is male circumcision gender violence? Should assisted reproduction be prohibited? In clear staccato chapters, When Sex Counts offers readers thoughtful and thought-provoking analyses of the toughest issues now confronting women and men as their lives intersect with law.
— Carol Sanger, Barbara Aronstein Black Professor of Law, Columbia University Law School
With deft writing, clear thinking, and deep knowledge, Sherry Colb illuminates the dark intersection of law and sex. She displays both journalistic verve and scholarly rigor. The result is a wonderful book that makes advanced thinking about complex controversies nicely accessible to the general reader.
— Randall L. Kennedy, Michael R. Klein Professor of Law, Harvard Law School, and author of Interracial Intimacies
What sets Sherry Colb's book apart and renders it particularly valuable is its distinctly feminist methodology. Colb develops a theory of equality from the ground up. She analyzes how a society committed to equality should respond to actual cases that are literally ripped from the headlines, but, at the same time, her analysis is not limited to specifics. In the process of offering concrete answers to difficult cases, she also develops a broader theory of sex equality. While Colb's theory is necessarily messier, more contingent and more qualified than the theories promulgated from 'on high,' it is also more robust, satisfying, and socially useful. As such, it is an important and much needed contribution to both political and philosophical debates about sex equality.
— Kimberly Yuracko, Northwestern University School of Law; Findlaw's Writ