Articles

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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...

 

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

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

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

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

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

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The Perversity of Limited Civil Rights Remedies: The Case of “Abusive” ADA Litigation, UCLA Law Review (2006)
 

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The Structural Turn and the Limits of Antidiscrimination Law, California Law Review (2006)
 

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Judging the Schiavo Case, Constitutional Commentary (2005)
 

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Has the Americans with Disabilities Act Reduced Employment for People with Disabilities?, Berkeley Journal of Employment and Labor Law (2004)
 

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Justice Ginsburg and the Judicial Role in Expanding “We the People”: The Disability Rights Cases, Columbia Law Review (2004)
 

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

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The Supreme Court, the Americans with Disabilities Act, and Rational Discrimination, Alabama Law Review (2004)
 

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Comparative Disability Employment Law From an American Perspective, Comparative Labor Law and Policy Journal (2003)
 

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“Rational Discrimination,” Accommodation, and the Politics of (Disability) Civil Rights, Virginia Law Review (2003)
 

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

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The Americans with Disabilities Act as Risk Regulation, Columbia Law Review (2001)
 

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Subordination, Stigma, and “Disability”, Virginia Law Review (2000)
 

Books

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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...

 

Unpublished Papers

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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...

 

Other

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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...

 

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Senate Testimony on Ledbetter v. Goodyear (2008)

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

 

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Petition for Certiorari in Ruiz-Rivera v. Pfizer Pharmaceuticals (2008)

In this petition for certiorari, which I filed in June 2008 and is currently pending,...

 

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Petition for Rehearing En Banc in Alaska v. EEOC (2007)

I filed this petition for rehearing en banc on behalf of the complainant in Alaska...

 

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Opening Brief for Petitioner Goodman in US/Goodman v. Georgia (2005)

I argued U.S. v. Georgia, 546 U.S. 151 (2006), for the private petitioner Tony Goodman....

 

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Brief for the Respondents in Tennessee v. Lane (2003)

I was the principal author of the Brief for the Private Respondents in Tennessee v....