My scholarship focuses on the substance and enforcement of civil rights, both
constitutional and statutory. Much of my work explores disability rights law to draw
lessons for broader debates in doctrine and scholarship (in antidiscrimination law,
employment law, social welfare law, risk regulation, and tort damages, among other
areas). Much of my work also explores civil rights remedies and enforcement, both inside
and outside of the disability rights context. 

Disability Rights Law

Link

Law and the Contradictions of the Disability Rights Movement (2009)

When President George Herbert Walker Bush signed the Americans with Disabilities Act (ADA) into law...

 

Link

Where Have All the Lawsuits Gone? The Shockingly Small Role of Courts in Implementing the Individuals with Disabilities Education Act (2009)

The Individuals with Disabilities Education Act (IDEA)—and its predecessor, the Education for All Handicapped Children...

 

Link

Abolish the Integration Presumption? Not Yet, University of Pennsylvania Law Review PENNumbra (2007)
 

PDF

Hedonic Damages, Hedonic Adaptation, and Disability (with Margo Schlanger), Vanderbilt Law Review (2007)
 

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Disability, Life, Death, and Choice, Harvard Journal of Law and Gender (2006)
 

Torts and Risk Regulation

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Hedonic Damages, Hedonic Adaptation, and Disability (with Margo Schlanger), Vanderbilt Law Review (2007)
 

Civil Rights Litigation

Link

Law and the Contradictions of the Disability Rights Movement (2009)

When President George Herbert Walker Bush signed the Americans with Disabilities Act (ADA) into law...

 

Link

Where Have All the Lawsuits Gone? The Shockingly Small Role of Courts in Implementing the Individuals with Disabilities Education Act (2009)

The Individuals with Disabilities Education Act (IDEA)—and its predecessor, the Education for All Handicapped Children...

 

Link

Spending Clause Litigation in the Roberts Court, Duke Law Journal (2008)

Throughout the Rehnquist Court's so-called federalism revolution, as the Court cut back on federal power...

 

PDF

Mandatory Pro Bono and Private Attorneys General, Northwestern University Law Review (2007)
 

Unconscious Bias

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Implicit Bias, “Science,” and Antidiscrimination Law, Harvard Law and Policy Review (2007)
 

Antidiscrimination Theory

Link

Law and the Contradictions of the Disability Rights Movement (2009)

When President George Herbert Walker Bush signed the Americans with Disabilities Act (ADA) into law...

 

PDF

Implicit Bias, “Science,” and Antidiscrimination Law, Harvard Law and Policy Review (2007)
 

Social Welfare Law

Link

Law and the Contradictions of the Disability Rights Movement (2009)

When President George Herbert Walker Bush signed the Americans with Disabilities Act (ADA) into law...

 

PDF

The Future of Disability Law, Yale Law Journal (2004)
 

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The Americans with Disabilities Act as Welfare Reform, William and Mary Law Review (2003)
 

Law and Psychology

PDF

Hedonic Damages, Hedonic Adaptation, and Disability (with Margo Schlanger), Vanderbilt Law Review (2007)
 

PDF

Implicit Bias, “Science,” and Antidiscrimination Law, Harvard Law and Policy Review (2007)
 

Nonacademic Legal Writing (Including Briefs)

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Brief for Nicholas deB. Katzenbach et al. as Amici Curiae, Northwest Austin Municipal Utility District No. 1 v. Holder (2009)

Along with three lawyers from Arnold & Porter, I filed this brief on behalf of...

 

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Reply in Support of Certiorari in Ruiz-Rivera v. Pfizer (2008)

This is the reply brief in support of certiorari, which we filed in Ruiz-Rivera v....

 

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Senate Testimony on the ADA Amendments Act (2008)

I testified at a hearing before the Senate Committee on Health, Education, Labor, and Pensions...

 

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Brief for Plaintiffs-Appellees, Brown v. Tennessee Dept. of Finance & Admin. (2008)

I represent the plaintiff class in the Sixth Circuit in this case where the State...

 

PDF

Senate Testimony on Ledbetter v. Goodyear (2008)

I testified at a hearing before the Senate Health, Education, Labor, and Pensions Committee in...

 

Constitutional Law

Link

Spending Clause Litigation in the Roberts Court, Duke Law Journal (2008)

Throughout the Rehnquist Court's so-called federalism revolution, as the Court cut back on federal power...