Nine to Five: How Gender, Sex and Sexuality Continue to Define the American Workplace (Cambridge University Press, forthcoming 2016)

New York Family Law (Carolina Academic Press, forthcoming 2015) (with Barbara Stark)

Gender Law and Policy (2d ed. 2014) (with Katharine Bartlett and Deborah Rhode) (undergraduate edition)

Gender and Law: Theory, Doctrine, Commentary (6th ed.  2013) (with Katharine Bartlett and Deborah Rhode)

Inside the Castle: Law and the Family in 20th Century America (Princeton University Press 2011; paperback ed. 2014) (with Lawrence M. Friedman) (co-winner of David J. Langum, Sr. Prize in American Legal History)

Gender Equality: Dimensions of Women’s Equal Citizenship (Cambridge University Press 2009; paperback ed. 2012) (Linda C. McClain and Joanna L. Grossman, eds.)

Outside the Castle: Privacy and Secrecy in Legal Perspective (in progress) (with Lawrence M. Friedman)


The Mother (and Father) of All Questions: Who is a Parent? (in progress)

Looking Forward, Moving Back: A Retrospective on Sexual Harassment Law, Boston University Law Review (forthcoming 2015)

Family Law’s Loose Canon, 93 Texas Law Review 681 (2015) (review essay)

Double Take: Embezzled Lives, 83 University of Cincinnati Law Review 117 (2014) (with Lawrence M. Friedman)

Feeding Hay to a Dead Horse, Judicature (forthcoming) (book review)

Unprotected Sex: The Pregnancy Discrimination Act at 35, 21 Duke Journal of Law & Gender67 (2014) (with Deborah L. Brake)

Review of Laura Briggs, Somebody’s Children: The Politics of Transracial and Transnational Adoption, 100 Journal of American History 255 (2013)

Review of Holly J. McCammon, The U.S. Women's Jury Movements and Strategic Adoption: A More Just Verdict, 31 Law and History Review 899 (2013)

Independent Together, 48 Tulsa L. Rev. 313 (2013) (book review)

A Private Underworld: The Naked Body in Law and Society, 61 Buffalo L. Rev. 149 (2013) (with Lawrence M. Friedman)

Defense of Marriage Act, Will You Please Go Now!, Cardozo L. Rev. de * novo 155 (2012)

The New Illegitimacy: Tying Parentage to Marital Status for Lesbian Co-Parents, 20 American University Journal of Gender, Social Policy, & the Law 671 (2012)

Pregnancy and the False Promise of Equal Citizenship, 98 Georgetown Law Journal 567 (2010)

Civil Rites: The Gay Marriage Controversy in Historical Perspective, in Law, Society, and History: Themes in the Legal Sociology and Legal History of Lawrence M. Friedman (Cambridge 2011)

Making Pregnancy Work: Overcoming the PDA’s Capacity-Based Model, 21 Yale Journal of Law & Feminism 15 (2009) (with Gillian Thomas)

Pregnancy and Social Citizenship, in Gender Equality: Dimensions of Women’s Equal Citizenship (Joanna Grossman & Linda McClain, eds., 2009)

Introduction to Gender Equality: Dimensions of Women’s Equal Citizenship (Joanna Grossman & Linda McClain, eds., 2009) (with Linda McClain)

Book Review: Wives Without Husbands: Marriage, Desertion, & Welfare in New York, 1900-1935, Law and History Review (2008)

The Failure of Title VII as a Rights-Claiming System, 86 North Carolina Law Review 859 (2008)

The Legacy of Loving, 51 Howard Law Journal 15 (2007) (with John Gregory) (symposium) (reprinted in Loving v. Virginia in a Post-Racial World (Kevin Noble Maillard & Rose Cuison Villazor, eds.) (Cambridge 2012)

Introduction to Symposium on Family Boundaries: Third-Party Rights and Obligations with Respect to Children, 40 Family Law Quarterly 3 (2006)

Resurrecting Comity: Revisiting the Problem of Non-Uniform Marriage Laws, 84 Oregon Law Review 433 (2005)

Fear and Loathing in Massachusetts: Same-Sex Marriage and Some Lessons from the History of Marriage and Divorce, 14 Boston University Public Interest LawJournal 87 (2004)

Job Security Without Equality: The Family and Medical Leave Act of 1993, 15 Washington University Journal of Law and Policy 17 (2004)

Feminist Law Journals and the Rankings Conundrum, 12 Columbia Journal of Gender & Law 522 (2003)

The Culture of Compliance: The Final Triumph of Form over Substance in Sexual Harassment Law, 26 Harvard Women’s Law Journal 1 (2003)

Making a Federal Case Out of It: Section 1981 and At-Will Employment, 67 Brooklyn Law
Review 329 (2001)

Separated Spouses, 53 Stanford Law Review 1613 (2001) (review essay)

The First Bite is Free: Employer Liability for Sexual Harassment, 61 University of Pittsburgh
Law Review 671 (2000)

Adoption in the Progressive Era: Preserving, Creating, and Re-Creating Families, 43 American Journal of Legal History 235 (1999) (with Chris Guthrie)

The Road Less Taken: Annulment at the Turn of the Century, 40 American Journal of Legal History 307 (1996) (with Chris Guthrie)

Guardianship: A Research Note, 40 American Journal of Legal History 146 (1996) (with Lawrence M. Friedman and Chris Guthrie)

Women's Jury Service: Right of Citizenship or Privilege of Difference?, 46 Stanford Law Review 1115 (1994) (Note)


I am a regular columnist for Verdict, a legal commentary site hosted by  My columns are available at  From October 2000 until December 2010, I was a columnist for FindLaw’s Writ.  A complete archive of my columns is available at I have published this column biweekly for over fourteen years (over 350 total), with an average length of 2500 words and as many as 15,000 readers for a single column.


Succession Law, The Oxford Companion to American Legal History (2008)

Family and Medical Leave Act, The Encyclopedia of the Supreme Court of the United States (2008)

Title VII’s Protection Against Pay Discrimination: The Impact of Ledbetter v. Goodyear Tire & Rubber Co.,Regional Labor Review (Fall 2007) (with Deborah L. Brake)

Seeking Equality in the Legal System, Newsday, Oct. 10, 2005, at A39 (op-ed)

NYers Confront Limbo on Same-Sex Marriages, Newsday, May 19, 2004, at A48 (op-ed)

The Supreme Court’s 2003 Employment Rulings: Surprising Gains for Workers and Women, 6 Regional Labor Review 22 (Fall 2003)

A Partial Legal Victory Against Continuing Discrimination: The New Supreme Court Ruling in Amtrak v. Morgan, 5 Regional Labor Review (Fall 2002)

ERPL: Looking Beyond the Loss Ratio, Rough Notes 77 (Nov. 2002) (interview)

Women’s Labor Rights Rulings in 2001: A Mixed Bag, 4 Regional Labor Review 34 (Spring/Summer 2002)

Probate and Succession Law, Legal Systems of the World (2002)

Harassment, The Oxford Companion to American Law (2002)

Sexual Harassment, The Oxford Companion to American Law (2002)