Articles
Tradition as Justification: The Case of Opposite-Sex Marriage, University of Chicago Law Review (2011)
A central point of contention in the national debate over same-sex marriage is the importance...
Ruling Out the Rule of Law, Vanderbilt Law Review (2007)
Although criminal justice scholars continue to debate the overall value of the void-for-vagueness doctrine, broad...
Taking Conservatives Seriously: A Moral Justification for Affirmative Action and Reparations, California Law Review (2004)
Underlying the debate over affirmative action and reparations for black Americans is a dispute about...
Live and Let Love (Reviewing Randall Kennedy, Interracial Intimacies: Sex, Marriage, Identity and Adoption (2003)), Michigan Law Review (2003)
The Constitutional Implications of Race-Neutral Affirmative Action, Georgetown Law Journal (2000)
This paper explores the constitutional implications of race-neutral affirmative action, i.e., governmental efforts to pursue...