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19 Mar 2018, 3:30 am by Douglas NeJaime
Douglas NeJaime  The slippery relationship between status and conduct has preoccupied scholars, activists, and courts for many years.1 At various points, state and private actors have avoided claims of unlawful discrimination by disaggregating status from conduct—claiming that they have singled out individuals for unfavorable treatment based not on protected identity but rather on objectionable and unprotected acts. [read post]
6 Jan 2018, 9:00 pm
This Response to Douglas Nejaime’s The Nature of Parenthood shows how the recently approved revisions to the Uniform Parentage Act (UPA)—which expand the ways in which a nonbiological parent may establish her or his parentage—address many of the critical gaps in parentage law identified by NeJaime. [read post]
8 Dec 2017, 4:12 am by Edith Roberts
” Additional commentary comes from Douglas NeJaime and Reva Siegel, also at Take Care, David Gans, completing the Take Care trifecta, Rick Hills at PrawfsBlawg, and Asher Steinberg at The Narrowest Grounds, who offers a “dialogue in the form of an oral argument … in order to help clarify” “whether wedding cake and wedding cake-baking are speech, and what they express if they are. [read post]
6 Dec 2017, 1:38 pm
"What Masterpiece Cakeshop is Really About": Douglas NeJaime and Reva Siegel have this post at the "Take Care" blog. [read post]
4 Dec 2017, 4:00 am by Howard Friedman
Calabresi, The Free Exercise of Religion, (Northwestern Public Law Research Paper No. 17-26 (Nov. 2017)).Douglas NeJaime & Reva Siegel, Religious Accommodation, and Its Limits, in a Pluralist Society, (Religious Freedom and LGBT Rights: Possibilities and Challenges for Finding Common Ground (Robin Fretwell Wilson & William N. [read post]
22 Nov 2017, 10:28 am by Steve Shiffrin
The panel members were Douglas NeJaime, Micah Swartzman, Reva Siegel, and, of course, Nelson. [read post]
9 Oct 2017, 4:10 am by Howard Friedman
Chapman, Adjudicating Religious Sincerity, (Washington Law Review, Vol. 92, 2017).Jena McGill, 'Now Its My Rights Versus Yours': Equality in Tension with Religious Freedoms, (Alberta Law Review, Vol. 53, No. 3, 2016).Mark Strasser, Obergefell, Dignity, and the Family, (19 Journal of Gender, Race and Justice 317-49 (2016)).Douglas NeJaime, The Family's Constitution, (32 Constitutional Commentary 413 (2017)).Mourad Greiss, Enforcing Abuse of Dominance Under a… [read post]
28 Jun 2017, 8:06 am by Tracy Thomas
Douglas NeJaime, The Nature of Parenthood, 12 Yale L.J. 2260 (2017) In the wake of Obergefell v. [read post]
26 Apr 2017, 3:30 am by Douglas NeJaime
Douglas NeJaime For decades, same-sex couples have made claims—in both politics and law—to parenthood. [read post]
16 Oct 2016, 2:00 pm by Howard Friedman
Aziz, The Headscarf Debates: Conflicts of National Belonging (Book Review), Contemporary Sociology: A Journal of Reviews, Vol. 45, Iss. 2, p. 204-206, 2016.Guido Calabresi & Eric S, Fish, Federalism and Moral Disagreement, (Minnesota Law Review, Forthcoming).Douglas NeJaime & Reva Siegel, What Obergefell v. [read post]
21 Mar 2016, 11:33 am by Tracy Thomas
Douglas NeJaime & Reva Siegel, Conscience Wars in Transnational Perspective: Religious Liberty, Third-Party Harms, and Pluralism Abstract: Those who believe contraception, abortion, and same-sex relationships are sinful are increasingly seeking religious exemptions from laws protecting these practices. [read post]
9 Mar 2016, 3:30 am by Douglas NeJaime
Douglas NeJaime As marriage equality became a nationwide reality, those who opposed same-sex marriage increasingly turned their attention to issues of reproduction and parenting. [read post]
7 Mar 2016, 4:00 am by Howard Friedman
., Cambridge University Press, Spring 2017 Forthcoming).Sherif Girgis, Nervous Victors, Illiberal Measures: A Response to Douglas Nejaime and Reva Siegel, (Yale Law Journal Forum, 2016).Brian McCall, Why it is Good to Stop at a Red Light: The Basis of Authority and Obligation, (Journal of Catholic Legal Studies, Forthcoming).Scott W. [read post]
18 Jan 2016, 4:00 am by Howard Friedman
Romero, The Prodigal Illegal: Christian Love and Immigration Reform, (Denver University Law Review, Vol. 92, No. 917, 2015).Douglas NeJaime & Reva Siegel, Conscience Wars in Transnational Perspective: Religious Liberty, Third-Party Harm, and Pluralism, (The Conscience Wars: Rethinking the Balance between Religion, Identity, and Equality (Susanna Mancini & MIchel Rosenfeld eds., Cambridge Univ. [read post]
1 Sep 2015, 3:30 am by Douglas NeJaime
Douglas NeJaime Family law scholarship features a significant amount of normative work arguing for greater recognition of diverse family forms. [read post]
1 Sep 2015, 3:30 am by Douglas NeJaime
Douglas NeJaime Family law scholarship features a significant amount of normative work arguing for greater recognition of diverse family forms. [read post]
20 Jul 2015, 4:00 am by Howard Friedman
., New Orleans: Quid Pro Press, 2014).Douglas NeJaime, Marriage Equality and the New Parenthood, (Harvard Law Review, Forthcoming).Arolda Elbasani, The Revival of Islam in the Post-Communist Balkans: Coercive Nationalisms and New Pathways to God, (Robert Schuman Centre for Advanced Studies Research Paper No. [read post]
13 Jul 2015, 11:53 am by Rick Garnett
Reva Siegel and Douglas NeJaime, who have this new article in the Yale Law Journal, "Conscience Wars: Complicity-Based Conscience Claims in Religion in Politics. [read post]