Professor Colker argues that courts need to be aware of the biological
differences between women and men in evaluating cases involving alter
native reproductive technologies. By imposing an overly formalistic no
tion of equality to these cases, courts have inappropriately tipped th
e balance in favor of men's reproductive claims. Two cases involving t
he disposition of frozen embryos following divorce-Davis v. Davis and
Kass v. Kass-illuminate her argument.