
In the latest California Law Review, professors Melissa Murray and Karen Tani respond to another CLR article, “The Sex Bureaucracy,” in which Jacob Gersen and Jeannie Suk identify a “bureaucratic turn in sex regulation.” Murray and Tani argue that “sex bureaucracy” is not new. But there are “truly new and striking” elements of the state’s regulation of sex, and the move to affirmative consent, that deserve scrutiny.