Browsing Law School by Author "Clarke, Jessica A."

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    • Adverse Possession of Identity: Radical Theory, Conventional Practice 
      Clarke, Jessica A. (Oregon Law Review, 2005)
      This Article examines the conditions under which acting as if one has a particular legal status is sufficient to secure that status in the eyes of the law. Legal determinations of common-law marriage, functional parenthood, ...
    • Against Immutability 
      Clarke, Jessica A. (Yale Law Journal, 2015)
      Courts often hold that antidiscrimination law protects “immutable” characteristics, like sex and race. In a series of recent cases, gay rights advocates have persuaded courts to expand the concept of immutability to include ...
    • Beyond Equality 
      Clarke, Jessica A. (Indiana Law Journal, 2011)
      Sexual harassment law and family leave policy originated as feminist reform projects designed to protect women in the workplace. But many academics now ask whether harassment and leave policies have outgrown their gendered ...
    • Explicit Bias 
      Clarke, Jessica A. (Northwestern University Law Review, 2018)
      In recent decades, legal scholars have advanced sophisticated models for understanding prejudice and discrimination, drawing on disciplines such as psychology, sociology, and economics. These models explain how inequality ...
    • Frontiers of Sex Discrimination Law 
      Clarke, Jessica A. (Michigan Law Review, 2017)
      A short time ago, the argument that sex discrimination includes discrimination on the basis of sexual orientation was considered a risky litigation tactic with little hope of success. One reason was the fear that extending ...
    • Identity and Form 
      Clarke, Jessica A. (California Law Review, 2015)
      Recent controversies over identity claims have prompted questions about who should qualify for affirmative action, who counts as family, who is a man or a woman, and who is entitled to the benefits of U.S. citizenship. ...
    • Inferring Desire 
      Clarke, Jessica A. (Duke Law Journal, 2013)
      In the course of debates over same-sex marriage, many scholars have proposed new legal definitions of sexual orientation to better account for the role of relationships in constituting identities. But these discussions ...
    • Inferring Desire 
      Clarke, Jessica A. (Duke Law Journal, 2013)
      In the course of debates over same-sex marriage, many scholars have proposed new legal definitions of sexual orientation to better account for the role of relationships in constituting identities. But these discussions ...
    • Protected Class Gatekeeping 
      Clarke, Jessica A. (New York University Law Review, 2017)
      Courts routinely begin their analyses of discrimination claims with the question of whether the plaintiff has proven he or she is a “member of the protected class.” Although this refrain may sometimes be an empty formality, ...
    • They, Them, and Theirs 
      Clarke, Jessica A. (Harvard Law Review, 2019-01)
      Nonbinary gender identities have quickly gone from obscurity to prominence in American public life, with growing acceptance of gender-neutral pronouns, such as "they, them, and theirs," and recognition of a third-gender ...