Scholarship

Most of my published work is available for free on SSRN as well as in various commercial databases. If you are have difficulty locating a particular publication, please feel free to contact me and I’ll send you a copy. A list of my scholarly publications follows:

Articles and Essays

Identity Entrepreneurs, 104 California Law Review ____ (forthcoming 2016)

Negative Identity, 88 Southern California Law Review 1357 (2015)

Enforcing Rights, 62 UCLA Law Review 306 (2015) (with Aaron Belzer)

Improving Rights, 100 Virginia Law Review 377 (2014)

Racial Capitalism, 126 Harvard Law Review 2151 (2013)

Reflections on Racial Capitalism, 126 Harvard Law Review Forum (2013)(reply in light of Fisher v. University of Texas and Response by Richard Thompson Ford)

Gideon’s Law Protective Function, 122 Yale Law Journal 2460 (2013) (symposium contribution)

“So Closely Intertwined”: Labor and Racial Solidarity, 81 George Washington Law Review 1135 (2013) (with Charlotte Garden)

Consent Forms and Consent Formalism, 2013 Wisconsin Law Review 751 (2013) (with Kira Suyeishi)

Half/Full, 3 Irvine Law Review 1125 (2013) (invited symposium contribution)

Making Rights, 92 Boston University Law Review 405 (2012)

Civilizing Batson, 97 Iowa Law Review 1561 (2012)

Is Marriage for Rich People? A Book Review of Ralph Richard Banks’ Is Marriage for White People?, 44 Connecticut University Law Review 1325 (2012) (solicited review)

The Open Road and the Traffic Stop: Narratives and Counternarratives of the American Dream, 64 Florida Law Review 305 (2012)

  • quoted in United States v. Mubdi, 691 F.3d 334 (4th Cir. 2012) (Davis, J., concurring in part and in the judgment)(opinion vacated on other grounds)

The Persistent Gender Disparity in Student Note Publication, 23 Yale Journal of Law and Feminism 385 (2011) (with Jennifer Mullins)

Rethinking the Order of Battle in Constitutional Torts, 105 Northwestern University Law Review 969 (2011) (colloquy essay)

  • cited in Mills v. United Producers, Inc., 2012 WL 3870220 (E.D. Mich. Sept. 6, 2012)

Judicial Erasure of Mixed-Race Discrimination, 59 American University Law Review 469 (2010)

A Noteworthy Absence, 59 Journal of Legal Education 279 (2009) (peer reviewed)

The Saucier Qualified Immunity Experiment: An Empirical Analysis, 36 Pepperdine Law Review 667 (2009)

Multiracial Identity and Affirmative Action, 12 UCLA Asian Pacific American Law Journal 1 (2007)

Note, Attorney-Client Privilege in the Public Sector: A Survey of Government Attorneys, 20 Georgetown Journal of Legal Ethics 163 (2007)

  • cited in In re Thirty-Third Statewide Investigating Grand Jury, 86 A.3d 204 (Pa. 2014)

 

Shorter Work

Communication in Cyberspace, 94 North Carolina L. Rev. ____ (forthcoming 2015) (with Joanne Morando)

Gender Diversity and Same-Sex Marriage, 114 Columbia L. Rev. Sidebar 97 (2014) (with Ian Farrell)

Dissenting In and Dissenting Out, 90 Chicago-Kent L. Rev. 723 (2014)(invited symposium contribution)

Discursive Disparities, 8 Florida International University L. Rev. 369 (2013) (invited symposium contribution)

Note, Beyond Breimhorst: Appropriate Accommodation of Students with Learning Disabilities on the SAT, 57 Stanford law Review 2135 (2005)