Articles

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Contingent Equal Protection: Reaching for Equality After Ricci and PICS, Mich. J. Gender & L. (2010)

The Supreme Court’s decision in Parents Involved in Community Schools v. Seattle School District #1...

 

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"We Reserve the Right to Refuse Service to Anyone", Tenn. L. Rev. (2009)

This short essay is a reflection on teaching constitutional law in Tennessee.

 

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Instead of ENDA, A Course Correction for Title VII, Nw. U. L. Rev. Colloquy (2008)

In September 2008, the D.C. federal court issued a landmark decision holding that discrimination against...

 

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Popular Election of the President: Use or Abuse of the Electoral College, Election L.J. (2008)

Last year, Maryland became the first state to adopt the Agreement Among the States to...

 

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Essentially a Mother, Wm. & Mary J. Women & L. (2007)

This article connects the constitutional jurisprudence of the family to debates over reproductive technology and...

 

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Preemption of Common Law Claims and the Prospects for FIFRA: Justice Stevens Puts the Genie Back in the Bottle, Duke Envt'l L. & Pol'y Forum (2005)

In the upcoming Term, the Supreme Court will consider a case raising the question whether...

 

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Women and the Promise of Equal Citizenship, Texas J. Women & L. (2000)

Anticipating the decision in United States v. Morrison (2000), holding that the civil rights remedy...

 

Unpublished Papers

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Of Woman Born? Technology, Relationship, and the Right to a Human Mother, ExpressO (2011)

This article explores the legal implications of a scientific fantasy: the fantasy of building artificial...

 

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Renegotiating the Social Contract, ExpressO (2011)

This essay reviews Maxine Eichner's new book, "The Supportive State: Families, Government, and America's Political...

 

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In Defense of the Substance-Procedure Dichotomy, ExpressO (2011)

John Hart Ely famously observed, “We were all brought up on sophisticated talk about the...

 

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Ending Erie's Third Phase: Why the Supreme Court Should Stop Freelancing and Go Back to Drawing Lines Between Substance and Procedure, ExpressO (2010)

John Hart Ely famously observed, “We were all brought up on sophisticated talk about the...

 

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Teaching Values, Teaching Stereotypes: Sex Ed and Indoctrination in Public Schools, ExpressO (2010)

Many sex education curricula currently used in public schools indoctrinate students in gender stereotypes. As...

 

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Body and Soul: Equality, Pregnancy, and the Unitary Right to Abortion, ExpressO (2009)

This Article explores equality-based arguments for abortion rights, revealing both their necessity and their pitfalls....