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.
Antidiscrimination Theory
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...
“Rational Discrimination,” Accommodation, and the Politics of (Disability) Civil Rights, Virginia Law Review (2003)
Civil Rights Litigation
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...
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...
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...
The Perversity of Limited Civil Rights Remedies: The Case of “Abusive” ADA Litigation, UCLA Law Review (2006)
Constitutional Law
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...
Disability Rights Law
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...
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...
Abolish the Integration Presumption? Not Yet, University of Pennsylvania Law Review PENNumbra (2007)
Hedonic Damages, Hedonic Adaptation, and Disability (with Margo Schlanger), Vanderbilt Law Review (2007)
Law and Psychology
Hedonic Damages, Hedonic Adaptation, and Disability (with Margo Schlanger), Vanderbilt Law Review (2007)
Nonacademic Legal Writing (Including Briefs)
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...
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....
Senate Testimony on the ADA Amendments Act (2008)
I testified at a hearing before the Senate Committee on Health, Education, Labor, and Pensions...
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...
Senate Testimony on Ledbetter v. Goodyear (2008)
I testified at a hearing before the Senate Health, Education, Labor, and Pensions Committee in...
Social Welfare Law
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...