Pregnant Workers Fairness Acts: Advancing a Progressive Policy in Both Red and Blue America, NEVADA LAW JOURNAL (forthcoming, 2022).[SSRN]
Menstruation Discrimination and the Problem of Shadow Precedents, 41 COLUMBIA JOURNAL OF GENDER AND THE LAW 235 (2021). [HeinOnline] [SSRN]
The Hidden Gender of Gender-Neutral Paid Parental Leave: Examining Recently-Enacted Laws in the United States and Australia, 41 COMPARATIVE LABOR LAW & POLICY JOURNAL 723 (2021). [HeinOnline] [SSRN]
Communication Breakdown: How Courts Do - and Don't - Respond to Statutory Overrides, 104 JUDICATURE 50 (Spring 2020). [HeinOnline]
After the Override: An Empirical Analysis of Shadow Precedent (with Brian J. Broughman), 46 JOURNAL OF LEGAL STUDIES 51 (2017). [SSRN]
The Interaction of the Pregnancy Discrimination Act and the Americans with Disabilities Act After Young v. UPS, U.S. DAVIS LAW REVIEW 1423 (2017). [HeinOnline] [SSRN]
Legal Recognition of Same-Sex Relationships: New Possibilities for Research on the Role of Marriage Law in Household Labor Allocation, 8 JOURNAL OF FAMILY THEORY & REVIEW 10 (2016). [SSRN]
Making Sausage: What, Why and How to Teach about Legislative Process in a Legislation or Leg-Reg Course 65 JOURNAL OF LEGAL EDUCATION 96 (2015). [HeinOnline] [SSRN]
A Marriage By Any Other Name: Why Civil Unions Should Receive Federal Recognition (with Andrew Koppelman), 3 INDIANA JOURNAL OF LAW AND SOCIAL EQUALITY (Spring 2015). [HeinOnline] [SSRN]
Non-Marital Families and (or After?) Marriage Equality 42 FLORIDA STATE UNIVERSITY LAW REVIEW 547 (2015). [HeinOnline] [SSRN]
Still Kickin' After All These Years: Sutton and Toyota as Shadow Precedents, 63 DRAKE LAW REVIEW 919 (2015). [HeinOnline] [SSRN]
Identifying Congressional Overrides Should Not Be This Hard, 92 TEXAS LAW REVIEW SEE ALSO 145 (2014). [SSRN] [HeinOnline]
Gilbert Redux: The Interaction of the Pregnancy Discrimination Act and the Amended Americans with Disabilities Act, 46 UC DAVIS LAW REVIEW 961 (2013). [HeinOnline] [SSRN] Reprinted in WOMEN AND THE LAW: 2013 ed. (Tracy A. Thomas, Ed.). New York: Thomson/Reuters, 2013.
Divergent Interests: Union Representation of Individual Employment Discrimination Claims, 87 INDIANA LAW JOURNAL 421 (2012). [SSRN] [HeinOnline]
Reconfiguring Sex, Gender, and the Law of Marriage, 50 FAMILY COURT REVIEW 205 (2012). [HeinOnline]
Undermining Congressional Overrides: The Hydra Problem in Statutory Interpretation, 90 TEXAS LAW REVIEW 859 (2012). [SSRN] [HeinOnline]
Shadow Precedents and the Separation of Powers: Statutory Interpretation of Congressional Overrides, 84 NOTRE DAME LAW REVIEW 511 (2009). [SSRN] [HeinOnline] Shortened version reprinted in 13 EMPLOYMENT RIGHTS AND EMPLOYEE POLICY JOURNAL 361 (2009).
Domestic Violence and the Workplace: The Explosion of State Legislation and the Need for a Comprehensive Strategy, 35 FLORIDA STATE UNIVERSITY LAW REVIEW 669 (2008). [SSRN] [HeinOnline] Excerpt reprinted in DOMESTIC VIOLENCE AND THE LAW: THEORY AND PRACTICE (Elizabeth M. Schneider, et. al., Eds.). New York: Foundation Press, 2013.
Advocating for the Employment Rights of Victims of Domestic Violence and Sexual Assault(with Robin R. Runge), 7 ABA COMMISSION ON DOMESTIC VIOLENCE QUARTERLY E-NEWSLETTER (Spring 2007).
Exposing Sex Stereotypes in Recent Same-Sex Marriage Jurisprudence (with Elizabeth N. Rosenblatt & Douglas NeJaime), 30 HARVARD JOURNAL OF LAW & GENDER 461 (2007). [SSRN] [HeinOnline] Reprinted in 7 DUKEMINIER AWARDS: BEST SEXUAL ORIENTATION AND GENDER IDENTITY LAW REVIEW ARTICLES OF 2007 1 (2008).
Using Federal and State Laws to Promote Secure Housing for Survivors of Domestic Violence (with Emily J. Martin), 6 ABA COMMISSION ON DOMESTIC VIOLENCE QUARTERLY E-NEWSLETTER (Winter 2007).
Employment Protection for Domestic Violence Victims (with Wendy R. Weiser), CLEARINGHOUSE REVIEW JOURNAL OF POVERTY LAW AND POLICY 3 (May-June, 2004). [HeinOnline]
Note, Re-Viewing History: The Use of the Past as Negative Precedent in United States v. Virginia, 108 YALE LAW JOURNAL 237 (1998). [HeinOnline]