Affirming that a transgender woman is a woman legitimizes her identity, signals she is worthy of equal dignity, and helps the court better grasp her vulnerability to and experience of discrimination as a woman. […]
A Few Predictions for Justice Gorsuch’s Bankruptcy Jurisprudence
With Neil Gorsuch recently confirmed to the Supreme Court, this is a good opportunity to make some predictions about how Justice Gorsuch is likely to impact bankruptcy law. Why should we care about bankruptcy law in particular? First, as I explain in a forthcoming law review article, bankruptcy law is one of
Virtue Analysis: A Replay to Professor Sunstein
Virtue analysis is still in its infancy. Despite Sunstein’s contributions, several issues must be resolved before virtue analysis can become a stable, legitimizing feature of agency decision making. […]