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How the First Forty Years of Circuit Precedent Got Title VII's Sex Discrimination Provision Wrong
(Texas Law Review Online, 2019)
The Supreme Court will soon decide whether, under Title VII of the Civil Rights Act of 1964, it is discrimination “because of sex” to fire an employee because of their sexual orientation or transgender identity. There’s a ...
Inferring Desire
(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 ...