Constitutional Law: Selected Works

Justice Ginsburg’s Obergefell v. Hodges  

Public Interest Lawyering & Judicial Politics: Four Cases Worth a Second Look in Williams-Yulee v. The Florida Bar,

“Losing My Religion”: Extended Role Play and the First Amendment Religion Clauses

Beyond Sumptuary: Constitutionalism, Clothes, and Bodies in Anglo-American Law

27 Words, [The Second Amendment]

Thirteen False Blackbirds

Lesbians & Abortions

Judicial Review, Judicial Activism, Queer Rights, and Literature: A Conversation between the Honorable Michael Kirby and Professor Ruthann Robson,

 Judicial Review and Sexual Freedom

Sexual Democracy

The Missing Word in Lawrence v.  Texas

Assimilation, Marriage, and Lesbian Liberation,

The Specter of a Lesbian Supreme Court Justice: Problems of Identity in Lesbian Legal Theorizing,

Ariadne’s Provisions: A “Clue of Thread” to the Intricacies of Procedural Default, Adequate and Independent State Grounds, and Florida’s Death Penalty


 Commentary on Constitutional Law

Religion’s “Favored Status” in the Workplace, Op-Ed, The National Law Journal

How the High Court Contributes to Racism, Op-Ed, The National Law Journal

December 15 is Bill of Rights Day (so why isn’t it a holiday?), Commentary

Scalia says beards aren’t a big enough deal for the supreme court. So why do we regulate them at all?  Comment, The Guardian

 The Constitutionality of Legal Prohibitions of Sexual Conversion Therapy, Legal Analysis, American Psychology-Law Society publication


Lane v. Franks for SCOTUSBlog:

Opinion analysis: First Amendment clearly protects public employee’s subpoenaed testimony – but not sufficiently clearly to overcome qualified immunity

Argument analysis: How wrong was the Eleventh Circuit about the First Amendment protections for a public employee’s subpoenaed testimony?

Argument preview: First Amendment protections for public employee’s subpoenaed testimony, SCOTUSblog (Apr. 24, 2014, 1:26 PM)

United States Supreme Court in Schuette: Michigan Can Ban Affirmative Action, London School of Economics Blog

Justice Scalia’s Petard and Same-Sex Marriage, CUNY Law Review Footnote Forum

Upcoming Supreme Court cases over the “contraceptive mandate” are dominated by issues of corporate personhood, religious beliefs, and sexual equality, London School of Economics Blog

Confederate cotton creates modern issues, as the right to wear the Confederate flag is contested in contemporary U.S. schools, The London School of Economics Blog

Puzzling Corporations: The Affordable Care Act and Contraception Mandate, JURIST

High Fashion or Religious Fervor? Headwear Laws Fraught With Trouble, Commentary, The National Law Journal

School dress codes: Miniskirt madness, Op-Ed, Los Angeles Times

Case Comment: United States v. Windsor, Footnote Forum, CUNY Law Review

 Mandating Sweat-Free Garment Labels: Feasible Under the First Amendment, JURIST

Sweat-free labels to change the garment trade, Op-Ed, The Los Angeles Times

 Toward a more perfect analysis, SCOTUSblog, same-sex marriage symposium

What’s rational about rational basis review?, SCOTUSblog, same-sex marriage symposium

A federal case? Answers Found in Tenth Amendment, Op-Ed, Los Angeles Times

Constitutional Law Prof Blog
Dressing Constitutionally Cover