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Marriage Equality and the New Parenthood
Now that same-sex couples have a nationwide right to marry, a new generation of questions about the legal regulation of the family is emerging. While integral to the future of same-sex familyExpand
The Legal Mobilization Dilemma
This Article examines Perry v. Brown, the federal lawsuit challenging Proposition 8, through a social movement lens. While lawyers at the leading LGBT legal organizations sought to keep the federalExpand
Constitutional Change, Courts, and Social Movements
In Constitutional Redemption, Professor Jack Balkin provides a positive and normative account of constitutional change that locates social movements as key drivers of constitutional construction andExpand
When New Governance Fails
New Governance scholars have responded to critiques of rights-based, state-centered, top-down strategies by turning toward flexible, collaborative public-private partnerships and by locating lawyersExpand
Conscience Wars: Complicity-Based Conscience Claims in Religion and Politics
Persons of faith are now seeking religious exemptions from laws concerning sex, reproduction, and marriage on the ground that the law makes the objector complicit in the assertedly sinful conduct ofExpand
Winning Through Losing
This Article locates the productive function of litigation loss in social movements. Departing from previous sociolegal scholarship, which largely centers on the positive possibilities of litigationExpand
Conscience Wars in Transnational Perspective: Religious Liberty, Third-Party Harm, and Pluralism
Those who believe contraception, abortion, and same-sex relationships are sinful are increasingly seeking religious exemptions from laws protecting these practices. This essay examines the spread ofExpand
Lawyering for Marriage Equality
Critics of litigation seeking to establish the right of same-sex couples to marry argue that it has produced a backlash undercutting the movement for marriage equality. In this account, movementExpand
Cause Lawyers Inside the State
Scholarship on the legal profession tends to situate cause lawyers in a state of adversarial tension with government lawyers. In this conventional account, cause lawyers challenge the agenda ofExpand
The Nature of Parenthood
In the wake of Obergefell v. Hodges, courts and legislatures claim in principle to have repudiated the privileging of different-sex over same-sex couples and men over women in the legal regulation ofExpand
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