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Capers, I. Bennett, Cross Dressing and the Criminal. 20 Yale J. L. & Humanities 1-30 (2008).
Although Capers considers the case of transvestism and "drag," for him these kinds are just examples of a broader concept of "cross dressing" in which one can engage. In addition to exchanging the apparel of one gender for another, one can also use the mental exercise to expose other biases, including race, class, sexuality, and status. Would Martha Stewart have been convicted if she had been seen not as a privileged woman with an expensive Birkin bag, but as a male with a briefcase, or a secretary with a purse from the Gap? Imaginative cross dressing thus becomes a form of Rawls' "veil of ignorance," a technique to detect our otherwise unrecognized prejudices.
More on: cross-dressing, drag, Rawls
Cruz, David B., Heterosexual Reproductive Imperatives. 56 Emory L.J. 1157-1172 (2007).David Cruz examines the ideology of the heterosexual reproductive imperative--the belief that the "species and society must be reproduced [and that] this is naturally and properly done only by women and men acting together, and women, queer, and transfolk should just recognize the primitive truth of that and willingly bear the burdens of laws designed to reinforce this natural reality"--for its impact upon women's reproductive autonomy, same-sex marriage claims, and transgender demand for recognition.
More on: heteronormativity
Spade, Dean, Documenting Gender. 59 Hastings L.J. 731-841 (2008).Spade begins with a critical overview of the inconsistent administrative decisions concerning gender: "policies related to gender markers on identification documents, policies related to placement in sex-segregated facilities, and policies related to the state provision of health care that is prohibited based on the gender on record for the person seeking coverage." He goes further to place this classificatory chaos in the context of the "War on Terror" and the resulting initiatives to standardize recordkeeping. Does gender, he wonders, really need to be tracked at all?
More on: gender
