Douglas NeJaime

Anne Urowsky Professor of Law


Douglas NeJaime is Anne Urowsky Professor of Law at Yale Law School, where he teaches in the areas of family law, legal ethics, law and sexuality, and constitutional law. In Fall 2016, he was the Martin R. Flug Visiting Professor of Law at Yale.

FULL BIOGRAPHY
Douglas NeJaime

Contact Information



Faculty Assistant


Rosanna Gonsiewski

Education & Curriculum Vitae


J.D., Harvard Law School, 2003

A.B., Brown University, 2000

Courses Taught


  • Professional Responsibility
  • Family Law
  • The Constitution of the Family
  • Law & Sexuality

Douglas NeJaime is Anne Urowsky Professor of Law at Yale Law School, where he teaches in the areas of family law, legal ethics, law and sexuality, and constitutional law. In Fall 2016, he was the Martin R. Flug Visiting Professor of Law at Yale. Before joining the Yale faculty in 2017, NeJaime was Professor of Law at UCLA School of Law, where he served as Faculty Director of the Williams Institute, a research institute on sexual orientation and gender identity law and public policy. He has also served on the faculties at UC Irvine School of Law and Loyola Law School in Los Angeles, and was Visiting Professor of Law at Harvard Law School in Spring 2017. NeJaime is the co-author of Cases and Materials on Sexuality, Gender Identity, and the Law (with Carlos Ball, Jane Schacter, and William Rubenstein).  His recent scholarship includes: “The Constitution of Parenthood,” 72 Stanford Law Review 261 (2020); “The Nature of Parenthood,” 126 Yale Law Journal 2260 (2017); “Marriage Equality and the New Parenthood,” 129 Harvard Law Review 1185 (2016); “Conscience Wars: Complicity-Based Conscience Claims in Religion and Politics,” 124 Yale Law Journal 2516 (2015), with Reva Siegel; and “Before Marriage: The Unexplored History of Nonmarital Recognition and Its Relationship to Marriage,” 102 California Law Review 87 (2014). NeJaime has twice received the Dukeminier Award, which recognizes the best sexual orientation legal scholarship published in the previous year, and has also been the recipient of UCI Law’s Professor of the Year Award and Loyola Law School’s Excellence in Teaching Award.

Books

Ethical Lawyering: Legal and Professional Responsibilities in the Practice of Law (with Paul Hayden). 4th ed. West (2018). 

Cases and Materials on Sexuality, Gender Identity, and the Law (with Carlos Ball, Jane Schacter, and William Rubenstein). 6th ed. West (2017). 

 

Articles and Chapters

The Constitution of Parenthood, 72 Stanford Law Review 261 (2020).

Concurring Opinion (with Reva Siegel), in What Obergefell v. Hodges Should Have Said (Jack M. Balkin ed., Yale Univ. Press 2020).

The Story of Brooke S.B. v. Elizabeth A.C.C.: Parental Recognition in the Age of LGBT Equality, in LAW STORIES: REPRODUCTIVE RIGHTS AND JUSTICE (Reva Siegel, Melissa Murray, & Kate Shaw eds., Foundation Press 2019).

Differentiating Assimilation, 75 Studies in Law, Politics, and Society 1 (2018). (Invited symposium essay)

Religious Accommodation, and Its Limits, in a Pluralist Society (with Reva Siegel), in Religious Freedom and LGBT Rights: Possibilities and Challenges for Finding Common Ground (Robin Fretwell Wilson & William N. Eskridge, Jr. eds., Cambridge University Press 2018).

Conscience Wars in Transnational Perspective: Religious Liberty, Third-Party Harm, and Pluralism (with Reva Siegel), in The Conscience Wars: Rethinking the Balance between Religion, Identity, and Equality 187 (edited by Susanna Mancini & Michel Rosenfeld, Cambridge Univeristy Press 2018).

The Family’s Constitution, 32 Constitutional Commentary 413 (2017). (Invited symposium essay)

The Nature of Parenthood, 126 Yale Law Journal 2260 (2017).

  • For essay responding to article, see Courtney Joslin, Nurturing Parenthood Through the UPA (2017), 127 YALE LAW JOURNAL FORUM 589 (2018).
  • For review essay, see Courtney Cahill, The Story of Parenthood, JOTWELL: FAMILY LAW, June 22, 2018, at https://family.jotwell.com/the-story-of-parenthood/
  • Winner of the Dukeminier Award. Reprinted in 17 THE DUKEMINIER AWARDS: BEST SEXUAL ORIENTATION AND GENDER IDENTITY LAW REVIEW ARTICLES OF 2017 283 (2018).
  • Abridged version reprinted in WOMEN AND THE LAW (Tracy Thomas ed., 2018).

Marriage Equality and the New Parenthood, 129 Harvard Law Review 1185 (2016).

Conscience Wars: Complicity-Based Conscience Claims in Religion and Politics (with Reva Siegel), 124 Yale Law Journal 2516 (2015).

  • For essays responding to article, see Fresh Salvos in the Conscience Wars, 125 YALE LAW JOURNAL FORUM 369-416 (2016) (featuring essays by Sherif Girgis, Douglas Laycock, Martin Lederman, and Robert Post).

Before Marriage: The Unexplored History of Nonmarital Recognition and its Impact on Marriage, 102 California Law Review 87 (2014).

Marriage and Non-Marriage After Windsor, in Civil Rights Litigation and Attorney Fees Annual Handbook 417 (edited by Steve Saltzman and Cheryl I. Harris, Clark Boardman, 2013).

Constitutional Change, Courts, and Social Movements, 111 Michigan Law Review 877 (2013). Reviewing Constitutional Redemption: Political Faith in an Unjust World, by Jack M. Balkin (2011).

Cause Lawyers Inside the State, 87 Fordham Law Review 649 (2012). (Invited symposium article).

  • For essay responding to article, see David Luban, The Moral Complexity of Cause Lawyers Within the State, 81 FORDHAM LAW REVIEW 705 (2012).

Marriage Inequality: Same-Sex Relationships, Religious Exemptions, and the Production of Sexual Orientation Discrimination, 100 California Law Review 1169 (2012). 

The Legal Mobilization Dilemma, 61 Emory Law Journal 663 (2012). (Invited symposium article)

Winning Through Losing, 96 Iowa Law Review 941 (2011).

  • Winner of the Dukeminer Award.  Reprinted in 11 The Dukeminier Awards: Best Sexual Orientation and Gender Identity Law Review Articles of 2011 (2012).
  • Winner of the Stu Walter Prize for Sexual Orientation Legal Scholarship.
  • For essay responding to article, see Catherine Albiston, The Dark Side of Litigation as a Social Movement Strategy, 96 IOWA LAW REVIEW BULLETIN 61 (2011).
  • Excerpted in INTRODUCTION TO LEGAL STUDIES (Vincent Kazmierski et al. eds., 2016).

Convincing Elites, Controlling Elites, 54 Studies in Law, Politics, and Society 175 (2011) (peer-reviewed).

Lawyering for Marriage Equality (with Scott Cummings), 57 UCLA Law Reivew 1235 (2010).

  • Abridged version reprinted in 7 Scholarly Perspectives 3 (2011).
  • Excerpted in LEGAL ETHICS (Deborah Rhode, David Luban, & Scott Cummings eds., 2013).
  • Excerpted in SOCIAL JUSTICE: PROFESSIONALS, COMMUNITIES, AND LAW, CASES AND MATERIALS (John Calmore, Martha Mahoney, & Stephanie Wildman eds., 2013).
  • Excerpted in PUBLIC INTEREST LAWYERING: A CONTEMPORARY PERSPECTIVE (Alan Chen & Scott L. Cummings eds., 2013).

When New Governance Fails, 70 Ohio State Law Journal 323 (2009).

Inclusion, Accommodation, and Recognition: Accounting for Differences Based on Religion and Sexual Orientation, 32 Harvard Journal of Law & Gender 303 (2009). 

Exposing Sex Stereotypes in Recent Same-Sex Marriage Jurisprudence (with Deborah Widiss and Elizabeth Rosenblatt), 30 Harvard Journal of Law & Gender 461 (2007).

  • Winner of the Dukeminier Award. Reprinted in 7 The Dukeminier Awards: Best Sexual Orientation and Gender Identity Law Review Articles of 2007 1 (2008). SSRN

Note, Marriage, Cruising, and Life in Between: Clarifying Organizational Positionalities in Pursuit of Polyvocal Gay-Based Advocacy, 38 Harvard Civil Rights-Civil Liberties Law Review 511 (2003).

 

Shorter Works

Global Conscience Wars (with Reva Siegel).

Religious Exemptions and Antidiscrimination Law in Masterpiece Cakeshop, 128 YALE LAW JOURNAL FORUM 201 (2018) (with Reva Siegel).

Conscience and the Culture Wars (with Reva Siegel), American Prospect (Summer 2015).

Griswold’s Progeny: Assisted Reproduction, Procreative Liberty, and Sexual Orientation Equality, 124 Yale Law Journal Forum 340 (2015). (Symposium on the Fiftieth Anniversary of Griswold v. Connecticut)

Introduction: Religious Accommodation in the Age of Civil Rights (with Nomi Stolzenberg), 38 Harvard Journal of Law & Gender vii (2015). (Symposium introduction)

Doctrine in Context, 127 Harvard Law Review Forum 10 (2013). (Invited response)

Windsor's Right to Marry, 102 Yale Law Journal Online 219 (2013).

The View from Below: Public Interest Lawyering, Social Change, and Legal Education, 61 UCLA Law Review Discourse 182 (2013). Reviewing Public Interest Lawyering: A Contemporary Perspective (Alen Chen & Scott Cummings, eds. 2013). 

Marriage, Biology, and Gender, 98 Iowa Law Review Bulletin 83 (2013). (Invited response)

Framing (In)Equality for Same-Sex Couples, 60 UCLA Law Review Discourse 184 (2013). (Symposium contribution)

Introduction: Talking Around Marriage, 45 Loyola of Los Angeles Law Review 675 (2012). (Symposium introduction)

New Entrants Bring New Questions, 19 Law & Sexuality 181 (2010).

  • Winner of the 2010 AALS Section on Sexual Orientation and Gender Identity Call for Essays.