My coauthor Aaron Belzer and I have a piece on the Washington Post’s Monkey Cage Blog today about race discrimination in the sharing economy. It builds on recent media attention, particularly the sobering stories shared on Twitter under the #AirBnbWhileBlack hashtag, and incorporates some of the analysis from our forthcoming article “The New Public Accommodations.”
Very pleased to announce that my article “The New Public Accommodations,” coauthored with Aaron Belzer, will be published in the Georgetown Law Journal in 2017. The piece discusses race discrimination in the sharing economy; all feedback is warmly welcome.
My latest article is now out in the Southern California Law Review! You can download the final version here.
The piece is about identities defined by the absence of something that much of society thinks is important — for example, lack of religion, sexual desire, partnership, and children. I consider the existing protection that federal and state laws provide for atheists, asexuals, single people, and people with no children. I then consider whether such antidiscrimination protection is warranted, and whether it should be expanded.
I highly recommend this recent article by Ann E. Tweedy and Karen Yescavage, “Employment Discrimination Against Bisexuals: An Empirical Study,” which is out this year in the William & Mary Journal of Women & Law. Among many other interesting, provocative, and troubling findings, the authors’ research found that 51.7% of bisexual people had experienced workplace discrimination, but only a small percentage (3%) had sought internal recourse, and none had sued.
In my own experience looking at the rates of lawsuits by multiracial people, one reason that targets of discrimination seldom seek recourse is that their claims don’t fit comfortably into the litigation narratives established by plaintiffs conventionally perceived as “monoracial.” Perhaps part of the story for bisexual targets of discrimination is a similar one.The piece demonstrates the importance of empirical research to doctrinal analysis and is well worth a read.
I had a wonderful conversation this week with Anthony Kreis of the University of Georgia about his work on the history of the freedom to marry. His most recent article talks about the parallels and contrasts between the move toward interracial marriage legality and same-sex marriage legality. We also chatted about marriage equality before the Supreme Court and what’s next for LGBT rights — made even more pertinent by Indiana’s recent bill allowing businesses to discriminate against LGBT people.
I meant to post this to the blog earlier and it slipped my mind — this week’s episode of The RightsCast features Professor Jessica Clarke of the University of Minnesota Law School and can be viewed below. It’s a fascinating comparison of sexual harassment cases in which the harasser and target are the same sex, and cases in which they are opposite sexes. Enjoy!
I’m pleased to announce that this blog — which is still less than a year old — has been selected to the ABA Blawg 100. The 100 selected blogs are now competing against one another in 13 categories. Mine is in the “Prof” division. If you’re so inclined, please check out the full list of 100 blogs and consider voting for me.
If you’re new to this blog and made your way here from the ABA Journal site, here are a few posts from the past year that, I think, collectively capture what my blog is about:
- Encounters with Race, December 28, 2013
- Consent Forms and Affirmative Disclosure, January 10, 2014
- How Courts Evaluate Written Consent Forms, January 13, 2014
- Hollywood Car Chase: The Sequel, March 4, 2014
- Uber, Privacy, and Discrimination, April 20, 2014
- Why Asian Americans Should Support Affirmative Action, March 18, 2014
- Internships and Employment Discrimination, March 24, 2014
- Privilege in the Checkout Line, March 28, 2014
- The Harm of Stays in Same-Sex Marriage Litigation, June 2, 2014
- Courts Should Not Stay Decisions Overturning Same-Sex Marriage Bans, June 5, 2014
- Labels, or, Why It Is Not Helpful to Call Someone a Racist, June 11, 2014
- Animal Crush Porn, Revenge Porn, and Secondary Effects, June 18, 2014
My coauthored essay with my University of Denver colleague Ian Farrell, “Gender Diversity and Same Sex Marriage,” is just out in the Columbia Law Review Sidebar! Particularly given the recent Sixth Circuit same-sex marriage decision, I’m happy to have our thoughts on one aspect of the same-sex marriage debate out in final form. The editors at Columbia were wonderful to work with and we were impressed with the speedy Sidebar publishing timeline — less than three months from acceptance to publication.
I have a piece in Salon today about racial bias in the sharing economy. How can we prevent the race discrimination that affects businesses in the traditional economy from infecting the new sharing economy as well? The Salon piece gestures at a larger project I’m currently working on that will probably take the form of a law review article, tentatively titled “The New Public Accommodations,” that will look at how we can prevent private-actor race discrimination on within the sharing economy. Continue reading
My new Huffington Post column on the Supreme Court’s decision not to hear five same-sex marriage cases is up. I explain why Justice Ginsburg is wrong, and there is a “need to rush” to reach full marriage equality in all fifty states.
From my piece:
When the Supreme Court stayed the decision striking down the ban on same-sex marriage in Utah, over 1300 same-sex couples had already married in Utah. These already-married couples litigated to have their rights recognized, and Judge Dale Kimball held that those rights should receive recognition. “Legal uncertainties and lost rights cause harm each day,” he wrote.
It’s also worth thinking about what might happen if a Republican presidential candidate wins in 2016. I am not sure that those who think there is “no rush” now will still agree if that comes to pass.