The new edition of this casebook on sex-based discrimination is the most significant revision since the mid-1980s. The result is a more nuanced and contemporary examination of the law’s treatment of discrimination based on sex, gender, sexual orientation and transgender characteristics. New cases from the United States Supreme Court (including Wal-Mart v. Dukes) and State Supreme Courts (including Iowa’s Varnum v. Brien) deal with emerging trends and issues in constitutional law, employment discrimination, family law, education law, and criminal law.


Imprint: West Academic Publishing
Series: American Casebook Series
Publication Date: 12/01/2011

Herma Hill Kay, University of CA-Berkeley School of Law

Tristin K. Green, Loyola Law School - LA

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Chapter I. No new cases were handed down, but a detailed discussion is included of the Supreme Court’s missed opportunity to revisit the differential treatment of mothers and fathers in the sex and citizenship discrimination case, Flores-Villar v. United States, affirmed per curiam by an equally divided Court. Chapter II. This chapter begins with a reassessment of spousal/partner influence on other spouse/partner in the context of efforts to have Judge Reinhardt recuse himself from the Perry v. Schwarzenegger panel because of his wife’s views on same-sex marriage and to have Chief Judge Walker’s opinion ruling against the constitutionality of California’s Proposition 8 set aside because of his failure to disclose his 10-year same-sex relationship prior to trial. Discussion of same-sex family relationships includes the Iowa Supreme Court’s decision invalidating the state’s ban on same-sex marriage in Varnum v. Brien, the New York legislation permitting same-sex marr

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