Cosmic Funnies
RMH
Xuebing Du
I'd rather be in outer space 🛸
Origami Around
shark vs the universe
Mike Driver
Love Begins
Keni
🪼
almost home
if i look back, i am lost
KIROKAZE
"I'm Dorothy Gale from Kansas"
TVSTRANGERTHINGS
occasionally subtle
Monterey Bay Aquarium
seen from Spain
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@nancyleong219
Heralded as the future of commerce, apps like Uber and Airbnb still aren't immune to the same old prejudices
I have a piece in Salon.com about the racial dynamics of the sharing economy. Here's a link to my blog entry discussing the piece, and here's a link to the piece itself. (By the way, New Economy, Old Biases is what I wanted to call the piece -- apparently that was insufficiently clickbait for Salon, though.)
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I just finished reading this important piece by Genevieve Lakier. Worth a look for everyone interested in free speech.
A post about a new course I'm teaching next semester that combines doctrinal and skills-based learning.
I'm also happy to announce that my short essay on the gender diversity argument (or "argument") again same-sex marriage, coauthored with my University of Denver colleague Ian Farrell, will be published in the Columbia Law Review Sidebar. I don't know the exact publication schedule but will announce here when I do.
"Negative Identity": forthcoming in Southern California Law Review
I'm happy to announce that my article "Negative Identity" has been accepted for publication by the Southern California Law Review. I'm excited to work with the smart, engaged editors at USC. A draft of the article is available on SSRN. The piece isn't slated for final publication until September 2015, so I welcome thoughts about how to revise and improve it.
Anya is live and ready to show you everything. Watch her strip, dance, and perform exclusive shows just for you. Interact in real-time and make your fantasies come true.
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My new Huffington Post column is up! It discusses discrimination against single people and the uneven protection the law provides against such discrimination.
Around this time in 2012, the Florida Law Review agree to publish my article "The Open Road and the Traffic Stop" -- a piece I wrote about the way that black people are treated differently and worse than white people on the road. In the law and literature tradition, the piece uses both classical and popular culture to make a serious point about the harm of racial profiling. The piece is quite different from most of what I've written, and I enjoyed the opportunity to think about the law in a way that invoked some of my undergraduate training in English and music.
Then around this time in 2013, the article was quoted by Judge Andre Davis in a concurrence in the judgment in United States v. Mubdi, a published Fourth Circuit opinion. (The opinion was later reversed on other grounds.) My colleague Brooks Holland published a very thoughtful response to the article on the Florida Law Review's online companion, and colleagues Stephen Diamond and Ruthann Robson also wrote about the piece here and here.
I am proud of "The Open Road" -- perhaps not more so than my more traditional legal scholarship, but I am happy to have contributed something unique to legal discourse, to have caught the attention of a federal judge and a number of colleagues I greatly respect. Perhaps down the road (so to speak) I'll take a similar approach to a new topic.
A new post on my blog highlights the UCLA Williams Center's excellent research about the economic benefits of marriage equality.
New academic year, updated website! I've added some sections to my websites for my non-academic writing and recent media appearances, and updated the other sections to include my most recent publications. Please feel free to stop by! I've been busy and not blogging much, but I hope to turn that around in a few weeks.
I've posted a new working draft, "Negative Identity," on SSRN and discuss it briefly on my blog. Here is the abstract for the piece:
This Article examines the social and legal status of “negative identity”—identity marked by indifference or antipathy to something that much of society considers fundamental. As examples of negative identity, the Article considers those who identify as atheist, asexual, single, or childfree.
The Article begins by giving content to negative identity. Atheist, asexual, single, and childfree identity consists of more than merely the respective lack of religion, sexual attraction, partnership, or children. Rather, these negative identities are meaningful to group members, add value to society, and thus deserve legitimacy and respect. Unfortunately, respect is not always forthcoming: negative identity group members experience significant animus, discrimination, and marginalization.
This state of affairs requires legal intervention. I demonstrate that under current law negative identity is under-protected relative to analogous positive identity categories. In many legal contexts, including employment, housing, public benefits, and taxation, members of negative identity groups are treated differently and worse than their positive identity counterparts. Consequently, the Article proposes a broad reevaluation of laws that implicate negative identity. Negative identity deserves the same protection as positive identity against direct discrimination, which I define as worse treatment based purely on hostility to the identity. When negative identity groups indirectly subsidize positive identity groups, legal actors should undertake a holistic inquiry into all relevant factors in order to determine whether the subsidy is justified.
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A short post on my blog about a wonderful recent interview with Justice Ginsburg and how her comments about race resonate with Daria Roithmayr's recent book "Reproducing Racism."
Often one of the fastest ways to reach me if we haven't met.
A great new Tumblr on Street Harassment, and a few thoughts of my own.
Are the appellate courts finally agreeing with me? In light of the Fourth Circuit's refusal to grant a stay following its invalidation of Virginia's same-sex marriage ban, I recap my arguments against stays.
Really enjoyed talking to Fox News' Dave Young about the Tenth Circuit's decision today striking down Oklahoma's ban on same-sex marriage today. Lots of great folks at Fox Denver!
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I wrote about the gender diversity argument against same-sex marriage -- a ridiculous argument that has far more staying power than it should.
The Denver Post ran my op-ed on why courts shouldn't stay decisions invalidating same-sex marriage bans! It's both online and on the cover of the Perspectives section for July 13. (Note: I did not write the rhyming headline.)