Publications:
“A Step Towards True Equality in the Workplace: Requiring Employer Accommodation of Breastfeeding Women,” 17 Wisconsin Women’s Law Journal 259 (Fall 2002).
“State Employers are not Sovereign: By Analogy, Transfer the Market Participant Exception to the Dormant Commerce Clause to States as Employers,” 79 Chicago-Kent Law Review 725 (2004).
“A Dubious Designation: How one Simple Label Legitimizes Human Rights Abuse,” 14 International Legal Perspectives 16 (2005).
Lowering the Glass Ceiling, Huffington Post, September 22, 2008.
A Leader Should Be Able to Multitask, Huffington Post, September 25, 2008.
Stop Demonizing the Other Side, Huffington Post, October 14, 2008.
Have We Overcome?, Huffington Post, November 24, 2008.
Who Would Jesus Bomb?, Unreasonable Faith, February 25, 2009.
Torture is Treason, Huffington Post, April 21, 2009.
Reality Check, Huffington Post, September 14, 2009
heya, I just read your article on state employers not being sovereign (I’m sure you’re completely over it
), and I think you’ve been vindicated. from what I can tell, the courts are doing this commercial-activities-exception bit through the back door. for instance, Fitchik, a case from New Jersey of all places, has a three-prong test for whether an “agency” is an entity of the state or not. the third prong is essentially commercial, and it says that if the state treasury is implicated in claims for relief, then the Eleventh Am. applies. otherwise, it doesn’t. and it’s pretty broad. it basically says if the agency could raise the money in a garage sale, then the state’s treasury isn’t implicated. sounds pretty much like a commercial activities exception to me. what d’ya think?