Dressing Constitutionally
The intertwining of our clothes and our Constitution raise fundamental questions of hierarchy, sexuality, and democracy. From our hairstyles to our shoes, constitutional considerations both constrain and confirm our daily choices. In turn, our attire and appearance provide multilayered perspectives on the United States Constitution and its interpretations.
Our garments often raise First Amendment issues of expression or religion, but they also prompt questions of equality on the basis of gender, race, and sexuality. At work, in court, in schools, in prisons, and on the streets, our clothes and grooming provoke constitutional controversies. Additionally, the production, trade, and consumption of apparel implicate constitutional concerns including colonial sumptuary laws, slavery, wage and hour laws, and current notions of free trade. The regulation of what we wear – or don’t – is ubiquitous. From a noted constitutional scholar and commentator, this book examines the rights to expression and equality, as well as the restraints on government power, as they both limit and allow control of our most personal choices of attire and grooming.
Buy the book at your local independent bookstore, direct from Cambridge University Press (PB US $32.99), or as an e-book (Kindle app) (US less than $15)].
See the Table of Contents and Read the Introduction here.
- Thirteen False Blackbirds [on same-sex marriage]
- Lesbians & Abortions
- Sexual Justice, Student Scholarship & the So-Called Seven Sins
- Demokratia and Antigone, Before and After Sappho
- Judicial Review, Judicial Activism, Queer Rights, and Literature: A Conversation between the Honorable Michael Kirby and Professor Ruthann Robson,
- A Mere Switch or a Fundamental Change?: Theorizing Transgender Marriage,
- Unsettling Sexual Citizenship
- Judicial Review and Sexual Freedom
- Sexual Democracy
- Footnotes: A Story of Seduction
- The Missing Word in Lawrence v. Texas
- Assimilation, Marriage, and Lesbian Liberation,
- Lesbianism and the death penalty: a “hard core” case
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