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Frontiers of Sex Discrimination Law
(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 ...
Protected Class Gatekeeping
(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, ...