William Eskridge Jr.

Alexander M. Bickel Professor of Public Law


William N. Eskridge Jr. is the Alexander M. Bickel Professor of Public Law at Yale Law School. His primary legal academic interest has been statutory interpretation. Together with Professor Philip Frickey, he developed an innovative casebook on Legislation. In 1990-95, Professor Eskridge represented a gay couple suing for recognition of their same-sex marriage. Since then, he has published a field-establishing casebook, three monographs, and dozens of law review articles articulating a legal and political framework for proper state treatment of sexual and gender minorities.  

FULL BIOGRAPHY
William Eskridge

Contact Information



Faculty Assistant


Quiana Atkinson

Education & Curriculum Vitae


J.D., Yale Law School, 1978

M.A., Harvard University, 1974

B.A., Davidson College, 1973

Courses Taught


  • Constitutional Law
  • Legislation
  • Sexuality, Gender, and the Law
  • Theories of Statutory Interpretation
  • Introduction to the Regulatory State

Professor William N. Eskridge, Jr. is the Alexander M. Bickel Professor of Public Law at Yale Law School. Born and raised in Princeton, West Virginia in 1951, Professor Eskridge is the son of William Nichol and Elizabeth DeJarnette Eskridge. He received his B.A., summa cum laude, from Davidson College in 1973 and his Masters in History from Harvard University in 1974. His Honors thesis at Davidson focused on the fideism of Hugenot exile Pierre Bayle (1647-1715). At Harvard, his primary Masters thesis analyzed the political thought of the Marian exiles (1553-58). Professor Eskridge earned his J.D. from Yale Law School, where he was the Note & Topics Editor of The Yale Law Journal (1977-78). After clerking for Judge Edward Weinfeld and practicing law at Shea & Gardner, he became a law professor. His primary academic homes have been the Georgetown University Law Center (1987-98) and the Yale Law School (1998-present), but Professor Eskridge has also taught at NYU, Stanford, Toronto, Pennsylvania, Harvard, Columbia, Virginia, and Vanderbilt. His primary legal academic interest has been statutory interpretation. Together, Professor Eskridge and Professor Philip Frickey (a friend from Shea & Gardner) developed an innovative casebook on Legislation. Professor Eskridge has also published Dynamic Statutory Interpretation (Harvard 1994) and several dozen law review articles (many with Frickey) on statutory interpretation theory and practice. Professors Eskridge and Frickey's project has been to understand the dynamics of statutory evolution, and the proper methodology judges should apply when construing statutes. In 1990-95, Professor Eskridge represented a gay couple suing for recognition of their same-sex marriage.  Since then, he has published a field-establishing casebook on sexuality, gender, and the law (with Nan Hunter, now in its fifth edition); three monographs, and dozens of law review articles articulating a legal and political framework for proper state treatment of sexual and gender minorities.  The historical materials in his book on Gaylaw: Challenging the Apartheid of the Closet (Harvard 1999) formed the basis for an amicus brief he drafted for the Cato Institute and for much of the Court’s (and the dissenting opinion’s) analysis in Lawrence v. Texas (2003), which invalidated consensual sodomy laws. Professor Eskridge’s recent books include Marriage Equality: From Outlaws to In-Laws (Yale 2020, ABA Silver Gavel) (with Christopher Riano); Interpreting Law: A Primer on How to Read Statutes and the Constitution (Foundation 2016); A Republic of Statutes: The New American Constitution (Yale 2010) (with John Ferejohn); Dishonorable Passions: The Crime Against Nature in America, 1861-2003 (Viking 2008).

 

Wednesday, August 23, 2023


William Eskridge on 303 Creative v. Elenis Decision and Impact

Alexander M. Bickel Professor of Public Law William Eskridge ’78 discussed the Supreme Court’s 303 Creative v. Elenis decision.

Tuesday, July 11, 2023


The Future of Law: How AI Could Revolutionize the Legal Landscape

Alexander M. Bickel Professor of Public Law William N. Eskridge Jr. ’78 discusses how artificial intelligence is changing the legal profession.

Friday, June 30, 2023


Supreme Court Says 1st Amendment Entitles Web Designer To Refuse Same-Sex Wedding Work

Alexander M. Bickel Professor of Public Law William N. Eskridge Jr. predicts whether predicts whether a Supreme Court ruling that a web designer can refuse same-sex wedding will prompt a flood of similar cases.
 

Thursday, June 29, 2023


Eskridge Appointed Alexander M. Bickel Professor of Public Law

Professor William N. Eskridge Jr. ’78, a national expert on statutory interpretation and sexuality, gender, and the law whose work has transformed both fields, has been appointed the Alexander M. Bickel Professor of Public Law.

Wednesday, June 28, 2023


Everything You Know About Sodomy Laws Is Probably Wrong

John A. Garver Professor of Jurisprudence William Eskridge ’78 discusses the landmark decision in Lawrence v. Texas 20 years after the ruling made sodomy laws unconstitutional, dispels some misconceptions about these Puritan-age laws, and explains how Lawrence led to the legalization of same-sex marriage.

Wednesday, May 3, 2023


AI and the Possibilities for the Legal Profession — and Legal Education

The course Artificial Intelligence, the Legal Profession, and Procedure examines how legal systems and litigation process will absorb the impact of artificial intelligence.

Tuesday, September 6, 2022


Dean Gerken Launches New Podcast Series

A new podcast series launched by Dean Heather K. Gerken at the onset of her second term will feature an in-depth look at the scholars, thinkers, teachers, and gamechangers of Yale Law School.

Wednesday, June 15, 2022


Designers Discuss the Threatened State of LGBTQ Rights in America

John A. Garver Professor of Jurisprudence William N. Eskridge Jr. ’78 comments on how anxiety about gender and sexual minorities surfaces as threats to LGBTQ rights.

Sunday, June 5, 2022


Biden’s Gay Rights/Religious Liberty Opportunity

John A. Garver Professor of Jurisprudence William N. Eskridge Jr. ’78 suggests how President Biden might handle tax exemptions for organizations that oppose same-sex marriage.
 

Thursday, June 2, 2022


Supreme Court To Decide Whether Businesses May Refuse LGBTQ Couples for Same-Sex Wedding Services

John A. Garver Professor of Jurisprudence William N. Eskridge Jr. ’78 is quoted in a news story about a case before the Supreme Court about whether businesses may refuse to serve LGBTQ customers based on religious objections.

 

Tuesday, May 10, 2022


Five times Congress overrode the Supreme Court

John A. Garver Professor of Jurisprudence William N. Eskridge, Jr. ’78 discusses historical instances in which Congress superseded a decision by the Supreme Court. 

Thursday, April 7, 2022


Historic Supreme Court Confirmation Comes at a Time When Some in the GOP Are Trying To Reverse LGBTQ Rights

John A. Garver Professor of Jurisprudence Professor William N. Eskridge Jr. ’78 discusses objectives behind recent legal challenges to LGBTQ rights.

Tuesday, March 8, 2022


Texas Youth Gender Clinic Closed Last Year Under Political Pressure

John A. Garver Professor of Jurisprudence William Eskridge ’78 is quoted about the closure of a Texas clinic for transgender adolescents.

Friday, June 25, 2021


The Story of Same-Sex Marriage, as Told by the Victors

The book “Marriage Equality: From Outlaws to In-Laws” by John A. Garver Professor of Jurisprudence William Eskridge Jr. ’78 is reviewed.

Thursday, May 20, 2021


Professor Eskridge Receives ABA Silver Gavel Award

Professor William N. Eskridge Jr. has been awarded the American Bar Association’s Silver Gavel Award for his book, Marriage Equality: From Outlaws to In-Laws.

Tuesday, February 9, 2021


Trump Senate impeachment trial gives 'we the people' our day in court — A Commentary by William N. Eskridge, Jr. ’78

William N. Eskridge, Jr. ’78 is the John A. Garver Professor of Jurisprudence at Yale Law School. 

Thursday, January 14, 2021


Trump is understandably tempted to pardon himself. It won’t work. — A Commentary by William N. Eskridge, Jr.

Professor William N. Eskridge, Jr. is the John A. Garver Professor of Jurisprudence at Yale Law School.

Wednesday, January 13, 2021


I taught Sens. Josh Hawley and Ted Cruz in law school. Clearly they didn't pay attention. — A Commentary by William N. Eskridge, Jr.

Professor William N. Eskridge, Jr. is the John A. Garver Professor of Jurisprudence at Yale Law School.

Tuesday, December 29, 2020


Forgotten court case shows how a California schoolteacher was persecuted for being gay

John A. Garver Professor of Jurisprudence William N. Eskridge ’78 is quoted about past legal prosecution of gay Californians.

Friday, November 6, 2020


A Conversation With William N. Eskridge Jr. and Christopher R. Riano, Authors of Marriage Equality

John A. Garver Professor of Jurisprudence William Eskridge, Jr. ’78 was interviewed by DC Bar about his book, Marriage Equality: From Outlaws to In-Laws.

Wednesday, October 7, 2020


Marriage Equality: From Outlaws to In-Laws

John A. Garver Professor of Jurisprudence William Eskridge, Jr. ’78 took part in a podcast discussion about his new book, Marriage Equality: From Outlaws to In-Laws.

Friday, September 4, 2020


Mitch McConnell May Have Accidentally Saved Obamacare

John A. Garver Professor of Jurisprudence William Eskridge ’78 is quoted in Slate about the Trump administration’s efforts to dismantle the Affordable Care Act.

Tuesday, August 25, 2020


From Outlaws to In-Laws

John A. Garver Professor of Jurisprudence William Eskridge ’78 and coauthor Christopher Riano have written a new book providing a comprehensive examination of the equal marriage movement.

Friday, June 26, 2020


Bostock, LGBTQ+ Rights, and Marriage Equality

John A. Garver Professor of Jurisprudence William Eskridge ’78 was interviewed on the McGeorge School of Law’s Capital Center for Law & Policy podcast about the anniversary of the Obergefell decision that made same-sex marriage legal.

Sunday, June 21, 2020


Justice who led gay marriage, death penalty rulings retires

John A. Garver Professor of Jurisprudence William Eskridge ’78 is quoted in an Associated Press story about the retirement of Connecticut Supreme Court Justice Richard Palmer.

Friday, June 19, 2020


Supreme Court LGBT Ruling Gives Hope to Those Challenging Military Transgender Ban

John A. Garver Professor of Jurisprudence William Eskridge ’78 is quoted in a Reuters article about how the recent Supreme Court LGBTQ ruling will affect those challenging the military transgender ban.

Tuesday, June 16, 2020


A Q&A with Professor Eskridge on Landmark SCOTUS Decision on LGBTQ Rights

Leading expert on sexuality, gender and the law, Professor William Eskridge, Jr. ’78 reflects on the Supreme Court's monumental decision in Bostock v. Clayton County and outlined what comes next for the LGBTQ movement.

Tuesday, June 16, 2020


Supreme Court Delivers Major Victory To LGBTQ Employees

John A. Garver Professor of Jurisprudence Bill Eskridge ’78 is quoted in a National Public Radio report on the Supreme Court ruling that LGBTQ employees are protected from discrimination based on sex.

Tuesday, June 16, 2020


Why Gorsuch upheld civil rights for LGBTQ Americans

John A. Garver Professor of Jurisprudence William Eskridge ’78 is quoted in an article on the Supreme Court’s decision to uphold LGBTQ workplace rights. Professor Eskridge was also quoted in the New York Times and Law360. 

Tuesday, October 8, 2019


The evolution of Title VII: How one discrimination case could change the course of gay rights

John A. Garver Professor of Jurisprudence William Eskridge ’78 is quoted in Mic about the cases before the Supreme Court that will determine whether federal law prohibits employment discrimination against LGBTQ people.

Sunday, October 6, 2019


Fired for being gay? LGBTQ rights return to Supreme Court.

John A. Garver Professor of Jurisprudence William Eskridge ’78 is quoted in the Christian Science Monitor about the cases before the Supreme Court that will determine whether federal law prohibits employment discrimination against LGBTQ people.

 

Tuesday, September 24, 2019


Three LGBTQ Cases Are Set to Put the Supreme Court's Conservative Principles on Trial

John A. Garver Professor of Jurisprudence William Eskridge ’78 is quoted in Newsweek about three LGBTQ cases to be heard at the Supreme Court this term.

Monday, September 23, 2019


Can Someone Be Fired for Being Gay? The Supreme Court Will Decide

John A. Garver Professor of Jurisprudence William Eskridge ’78 is quoted in the New York Times about cases before the Supreme Court regarding protections from workplace discrimination against LGBTQ Americans.

Wednesday, September 4, 2019


Symposium: Textualism’s moment of truth — A Commentary by William N. Eskridge, Jr. ’78

Professor William N. Eskridge, Jr. ’78 is the John A. Garver Professor of Jurisprudence at Yale Law School.

Saturday, June 15, 2019


Yale Law Professor Tells Bemer Judge that Jury’s Verdicts Should be Overturned

A letter by John A. Garver Professor of Jurisprudence William Eskridge ’78, which stated that a judge's instructions to a jury in a human trafficking case were flawed, is quoted in this article about the defense's attempt to have the conviction overturned in Danbury Superior Court.

Friday, November 30, 2018


Professor Eskridge ’78 Publishes Book on Religious Freedom and LGBT Rights

In their new book, Professor William N. Eskridge Jr. ’78 and coeditor Robin F. Wilson tackle the thorny problem of how to balance religious freedom rights and LGBT rights.

Monday, June 4, 2018


In Narrow Opinion, Supreme Court Rules For Baker In Gay Rights Case

Sterling Professor of Law Robert Post ’77 and John A. Garver Professor of Jurisprudence Bill Eskridge ’78 are quoted in a story on the U.S. Supreme Court ruling in favor of a Colorado baker who refused to make a wedding cake for a same-sex couple.

Monday, June 4, 2018


Member Spotlight: William Eskridge’s Country-Changing Legacy

John A. Garver Professor of Jurisprudence Bill Eskridge ’78 is profiled.

Monday, March 26, 2018


Federal courts ask: What is the meaning of 'sex'?

John A. Garver Professor of Jurisprudence William Eskridge ’78 is quoted in an article about shifting definitions of sex and gender.

Monday, June 26, 2017


How Marriage Equality Strengthened Marriage And Changed Religion—A Commentary by William N. Eskridge, Jr. ’78

Professor William N. Eskridge, Jr. ’78 is the John A. Garver Professor of Jurisprudence at Yale Law School.

Monday, May 1, 2017


Professor Eskridge Joins Amicus Brief in Travel Ban Case

Professor William Eskridge Jr. ’78 joined a group of 50 legal scholars to file an amicus brief in federal court in the case of IRAP v. Trump.

Tuesday, March 14, 2017


Thinking like millennials—A Commentary by Mary Crossley, William Eskridge ’78, and Robin Fretwell Wilson

Mary Crossley is a law professor and disability and health law scholar at the University of Pittsburgh’s School of Law; William Eskridge ’78 is the John A. Garver Professor of Jurisprudence at Yale Law School; Robin Fretwell Wilson is the Roger and Stephany Joslin Professor of Law at the University of Illinois College of Law.

Monday, March 6, 2017


Christian Bakers, Gay Weddings, and a Question for the Supreme Court

John A. Garver Professor of Jurisprudence William Eskridge ’78 is quoted in an article about the tension between gay rights and religious beliefs.

Monday, October 24, 2016


LGBT group sues Utah over anti-gay school laws

John A. Garver Professor of Jurisprudence Bill Eskridge ’78 is quoted in an article about a lawsuit in Utah, challenging restrictions around LGBT rights.

Tuesday, October 18, 2016


Alito, Thomas to Headline Federalist Society Annual Convention

The annual Federalist Society Convention happening next month will feature Sterling Professor of Law Akhil Amar ’84 and John A. Garver Professor of Jurisprudence William Eskridge ’78, as well as numerous alums including Supreme Court Justices Clarence Thomas ’74 and Samuel Alito ’75.

Saturday, October 8, 2016


Op-ed: Churches need not fear that same-sex marriage will be forced on them—A Commentary by William N. Eskridge Jr. ’78

William N. Eskridge, Jr. ’78 is the John A. Garver Professor of Jurisprudence at Yale Law School.

Monday, August 22, 2016


Transgender Students Face Unsettled Rules on Bathrooms as They Return to School

John A. Garver Professor of Jurisprudence William Eskridge ’78 is quoted in an article on recommended guidelines for school districts regarding bathroom use by transgender students.

Wednesday, June 8, 2016


What Is 'Sex?' Transgender Bathroom Fight Doesn't Offer Easy Answers

John A. Garver Professor of Jurisprudence Bill Eskridge ’78 is quoted in an article by Daniel Fisher ’04 MSL about the debate over which bathrooms transgendered people should use.

Tuesday, May 10, 2016


North Carolina vs the Justice Department; The Need for Party Unifiers; Do Approval Ratings Matter?

John A. Garver Professor of Jurisprudence William Eskridge ’78 appeared on the Brian Lehrer show to talk about whether the courts will rule that North Carolina must comply with the Justice Department’s finding that the state’s HB2 law violates federal civil rights.

Wednesday, April 27, 2016


Target Steps Out in Front of Bathroom Choice Debate

John A. Garver Professor of Jurisprudence Bill Eskridge ’78 is quoted in an article about Target’s policy that allows people to use the restroom that corresponds to their gender identities.

Saturday, April 23, 2016


Gurvey's Law

John A. Garver Professor of Jurisprudence William Eskridge ’78 was a guest where he discussed North Carolina’s new HB2 law.

Monday, March 28, 2016


Lawsuit Challenges North Carolina Anti-Discrimination Law

John A. Garver Professor of Jurisprudence William Eskridge ’78 is quoted in an article on the legal challenge to a North Carolina anti-discrimination law.

Wednesday, March 23, 2016


N.C. blocks LGBT-rights law: Is there middle ground in bathroom debate?

John A. Garver Professor of Jurisprudence Bill Eskridge ’78 is quoted in an article about a North Carolina law that restricts restroom use to biological gender.

Thursday, March 10, 2016


With gay marriage bill, Missouri conservatives ask: What about us?

John A. Garver Professor of Jurisprudence William Eskridge ’78 is quoted in an article about a proposed Missouri constitutional amendment that would allow individuals to opt out of providing services for same-sex marriages.

Friday, February 19, 2016


Conference to Be Held on Obergefell Decision

At an event titled “What Obergefell v. Hodges Should Have Said,” preeminent law scholars will rewrite the Supreme Court landmark opinion upholding the right of same-sex couples to marry. The conference will take place on April 15, 2016, at 1:15 p.m. in Room 127.

Sunday, February 14, 2016


How Antonin Scalia Changed America: 19 top legal thinkers on the justice’s legacy for the court, the law and the public.

John A. Garver Professor of Jurisprudence William Eskridge ’78, Jeffrey Rosen ’91, Ilya Somin ’01, Noah Feldman ’07, and Kermit Roosevelt ’97 are among contributors to an article about the legacy of Justice Scalia.

Saturday, February 13, 2016


Antonin Scalia Dies, And Obama Could Transform The Supreme Court

John A. Garver Professor of Jurisprudence William Eskridge ’78 is quoted in an article about the death of Justice Scalia written by Daniel Fisher ’04 MSL.

Monday, February 8, 2016


Student’s Arctic Trip Emphasizes Need for Climate Law

In July and August of 2015, Joanna Dafoe ’17 JD/MBA joined a Students on Ice trip as a member of the staff during a trip to the Arctic regions of Greenland and Canada.

Wednesday, September 9, 2015


Martyr or lawbreaker? Kim Davis case roils Republicans

John A. Garver Professor of Jurisprudence William Eskridge ’78 is quoted in an article about Kentucky clerk Kim Davis.

Wednesday, August 19, 2015


As Southern clerks stop same-sex marriages, a search for compromise

John A. Garver Professor of Jurisprudence William Eskridge ’78 is quoted about the implementation of the Supreme Court’s ruling on same-sex marriage.

Monday, June 29, 2015


Did the Roberts Court Really Lurch Left?

J. Skelly Wright Professor of Law Heather Gerken and John A. Garver Professor of Jurisprudence William Eskridge ’78 contributed to a roundtable about the Roberts court.

Friday, June 26, 2015


SCOTUS Rules 5-4 in Favor of Marriage Equality

John A. Garver Professor of Jurisprudence William Eskridge, Jr. ’78 was a guest where he discussed the Supreme Court ruling in favor of same-sex marriage rights.

Friday, June 19, 2015


The 14th Amendment should cover same-sex marriage in Ohio—A Commentary by William N. Eskridge, Jr. ’78

William N. Eskridge Jr. ’78 is the John A. Garver Professor of Jurisprudence at Yale Law School.

Tuesday, June 16, 2015


A worldwide history of marriage equality

John A. Garver Professor of Jurisprudence William Eskridge, Jr. ’78 is quoted in an article about the history of marriage equality around the world.

Saturday, April 25, 2015


It’s Not Gay Marriage vs. the Church Anymore—A Commentary by William N. Eskridge Jr. ’78

William N. Eskridge Jr. ’78 is the John A. Garver Professor of Jurisprudence at Yale Law School.

Friday, April 17, 2015


Gay rights and religious liberty: Can Americans have both?

John A. Garver Professor of Jurisprudence William Eskridge, Jr. ’78 is quoted in an article about gay rights.

Saturday, February 21, 2015


Flood of Briefs on the Health Care Law’s Subsidies Hits the Supreme Court

John A. Garver Professor of Jurisprudence William Eskridge, Jr. ’78 is quoted in an article about legal briefs submitted to the Supreme Court regarding the legal challenge to the Affordable Care Act.

Friday, March 22, 2013


Student Clinic Works to Prepare Historic Proposition 8 Case for High Court

Students from Yale Law School’s San Francisco Affirmative Litigation Project (SFALP) describe their experiences working on landmark same-sex marriage case.

Thursday, March 21, 2013


Yale Law School Professors, Alumni Submit Amicus Briefs in Hollingsworth v. Perry

Yale Law School faculty discuss filing legal briefs in Hollingsworth v. Perry case, which will go before the Supreme Court on March 26, 2013.

Thursday, June 28, 2012


Reaction: Supreme Court Rules on Health Care Law

Yale Law School faculty members and lecturers comment on the U.S. Supreme Court’s landmark ruling on the health care law.

Tuesday, November 4, 2008


Pregnancy Discrimination Act Symposium Nov. 7-8

PDA symposium also marks 20th anniversary of The Yale Journal of Law and Feminism

Books

Interpreting Law: A Primer on How to Read Statutes and the Constitution (Foundation 2016)

Statutes, Regulations, and Interpretation: Legislation and Administration in the Republic of Statutes (West 2014) (co-authored with Abbe R. Gluck and Victoria F. Nourse)

A Republic of Statutes: The New American Constitution  (Yale University Press, 2010)

Gay Marriage: For Better or For Worse? (Oxford, 2006) (co-authored with Darren Spedale)

Equality Practice: Civil Unions and the Future of Gay Rights (Routledge, 2002)

Gaylaw: Challenging the Apartheid of the Closet (Harvard, 1999)

Constitutional Stupidities, Constitutional Tragedies (NYU, 1998) (co-authored and edited with Sanford Levinson)

Sexuality, Gender, and Law (Foundation, 1997; 2d ed. 2004; paper ed. 2005) (co-authored and edited with Nan Hunter)

The Case for Same-Sex Marriage (Free Press, 1996)

Cases and Materials on Constitutional Law: Themes for the Constitution’s Third Century (West, 1993; 2d ed. 1998; 3d ed. 2003) (co-edited with Daniel Farber and Philip Frickey)

Hart and Sacks, The Legal Process: Problems in the Making and Application of Law (Foundation, 1994) (co-authored and edited with Philip Frickey)

Dynamic Statutory Interpretation (Harvard, 1994)

Cases and Materials on Legislation: Statutes and the Creation of Public Policy (West, 1987; 2d ed. 1994; 3d ed. 2001) (co-edited with Philip Frickey and, after 2001, Elizabeth Garrett)

A Dance Along the Precipice: Political and Economic Dimensions of the International Debt Problem (Lexington, 1985) (editor and contributor)
 

(Selected) Articles

“The First Marriage Cases, 1970-74,” in Love Unites Us: Winning the Freedom to Marry in America 21-27 (Kevin M. Cathcart & Leslie J. Gabel-Brett, eds., 2016)

“Law and the Production of Deceit,” in Austin Sarat ed., Law and Lies: Deception and Truth-Telling in the American Legal System 254-312 (2015)

“Original Meaning and Marriage Equality,” 52 Hous. L. Rev. 1067 (2015)

“Congressional Overrides of Supreme Court Statutory Interpretation Decisions, 1967-2011,” 92 Tex. L. Rev. 1317 (2014) (with Matthew R. Christiansen)

“Backlash Politics: How Constitutional Litigation Has Advanced Marriage Equality in the United States,” 93 B.U.L. Rev. 275 (2013)

“Expanding Chevron’s Domain: A Comparative Institutional Analysis of the Relative Competence of Courts and Agencies to Interpret Statutes,” 2013 Wis. L. Rev. 411

“The New Texualism and Normative Canons,” 113 Colum. L. Rev. 531 (2013) (book review)

“Marriage Equality: An Idea Whose Time Is Coming,” 37 NYU Rev. L. & Soc. Change 245 (2013)

“Nino’s Nightmare: Legal Process Theory  as a Jurisprudence of Toggling Between Facts and Norms,” 57 St. Louis U.L. Rev. 865 (2012)

“Vetogates and American Public Law,” J.L. Econ. & Org. (April 2012), available online at http://jleo.oxfordjournals.org/content/early/2012/04/19/jleo.ews009.abst...

“Family Law Pluralism: A Guided-Choice Regime of Menus, Default Rules, and Override Rules,” 100 Geo. L.J. 1881 (2012)

“Noah’s Curse: How Religion Often Conflates Status, Belief, and Conduct to Resist Antidiscrimination Norms,” 45 Ga. L. Rev. 657 (2011)

“Is Political Powerlessness a Requirement for Heightened Equal Protection Scrutiny?,” 50 Washburn L.J. 1 (2010)

“Chevron as a Canon, Not a Precedent: An Empirical Study of What Motivates Justices in Agency Deference Cases,” 110 Colum. L. Rev. 1727 (2010) (with Connor N. Raso)

“The California Proposition 8 Case: What Is a Constitution For,” 98 Calif. L. Rev. 1235 (2010)

“Sexual and Gender Variation in American Public Law: From Malignant to Tolerable to Benign,” 57 UCAL L. Rev. 1333 (2010) 

 

Legislative Materials

Senate Office of the Legislative Counsel, Legislative Drafting Manual (1997)