Given all of the additional scholarship that has recently appeared on SSRN, I thought it might be helpful to update this post from a month ago. In addition to my short essay out on this decision ("Querying Edith Windsor, Querying Equality"), which is part of a Villanova Law Review on-line symposium on this decision, I am aware of the following scholars who also have new pieces out on Windsor:
1) Noa Ben-Asher (Pace Law): "Conferring Dignity: The Metamorphosis of the Legal Homosexual"
2) William Baude (Chicago Law): "Interstate Recognition of Same-Sex Marriage after Windsor"
3) Anthony Infanti (Pittsburgh Law): "The Moonscape of Tax Equality: Windsor and Beyond"
4) Courtney Joslin (UC-Davis Law): "Windsor, Federalism, and Family Equality"
5) Douglas NeJaime (UC-Irvine Law) (2 pieces): "Windsor's Right to Marry"; "The View from Below: Public Interest Lawyering, Social Change, and Adjudication"
6) Anthony O'Rourke (SUNY Buffalo Law): "Windsor Beyond Marriage: Due Process, Equality, and Undocumented Immigration"
7) Neomi Rao (George Mason Law): "The Trouble with Dignity and Rights of Recognition"
8) Ruthann Robson (CUNY Law): "Case Comment: United States v. Windsor"
9) Colin Starger (Baltimore Law): "The Virtue of Obscurity"
10) Scott Titshaw (Mercer Law): "Revisiting the Meaning of Marriage: Immigration for Same-Sex Spouses in a Post-Windsor World"
11) Ernest Young (Duke Law) & Erin Blondel (Robbins, Russell, Englert, Orseck, Untereiner & Sauber LLP): "Federalism, Liberty, and Equality in United States v. Windsor"
I'm sure that I'm continuing to miss new pieces on United States v. Windsor, so if you are aware of additional new scholarship, please add it to the comments section. Thanks!
On a related note, I am co-counsel in the Colorado challenge to the state's statutory and constitutional prohibition of same-sex marriage. We filed the lawsuit on behalf of our clients on Wednesday in Adams County, Colorado.
I put the complaint on SSRN at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2348900
Tom Russell
University of Denver
Sturm College of Law
Posted by: Thomas D Russell | November 01, 2013 at 06:51 PM
Hi all - I also have an essay forthcoming in Columbia Law Review Sidebar on Windsor and the doctrine of unconstitutional animus. For the time being it can be found on my SSRN page:
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2221999
Thanks,
Susannah W. Pollvogt
Visiting Lecturer
University of Denver Sturm College of Law
Posted by: Susannah Pollvogt | November 03, 2013 at 04:02 PM
Tom and Susannah: Thank you for the updates and the information!
Posted by: Jeff Redding | November 03, 2013 at 07:21 PM
Hello again- Northwestern Law Review Colloquy just published my "Visual Guide to United States v. Windsor: Doctrinal Origins of Justice Kennedy's Majority Opinion." It is available here:
http://www.law.northwestern.edu/lawreview/colloquy/2013/11/LRColl2013n11Starger.pdf
Thanks!
Colin Starger
University of Baltimore School of Law
Posted by: Colin Starger | November 04, 2013 at 01:46 PM
Hi -- I too had a short essay recently published dealing with Windsor (and its implications for popular constitutionalism): Lower Court Popular Constitutionalism, published in the Yale Law Journal Online, and available at: http://ssrn.com/abstract=2326433.
Posted by: Katie Eyer | November 04, 2013 at 02:31 PM
While I have nothing to say on the topic of foaming bubbles, I have just completed and posted a second essay on Windsor: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2350973
Posted by: Susannah Pollvogt | November 08, 2013 at 09:44 AM
As an aid to your readers, they may be interested in the following tax article entitled Same-Sex Marriage Tax Guide: 16 Essential Tax Rules and Tips at http://frommtaxes.wordpress.com/2013/10/17/new-tax-rules-same-sex-marriages-doma/
Posted by: STEVEN J. FROMM, ATTORNEY, LL.M. (TAXATION) | November 11, 2013 at 03:47 PM