Education
University of Chicago Law School
J.D. 1992, with honors
Member, University of Chicago Law Review, 1990-91
Editor-in-Chief, University of Chicago Law Review, 1991-92
Recipient, D. Francis Bustin Prize for excellence in legal scholarship
Recipient, John M. Olin Foundation Scholarship for Law & Economics
Yale College
B.A. 1989, magna cum laude, distinction in major (history)
Recipient, John Addison Porter Prize for best American history senior essay (topic: Griswold v. Connecticut)
Books
Flagrant Conduct: The Story of Lawrence v. Texas (W.W. Norton, forthcoming 2008)
Articles and Book Chapters
"Institutional Review Boards, Regulatory Incentives, and Some Modest Proposals for Reform," 101 Nw. L. Rev. 687 (2007)
"Unanimously Wrong," 2006 Cato S. Ct. Rev. 217
"Four Arguments," in Defending Gay Marriage (Mark Strasser, ed., 2006) (book chapter)
"Lawrence Past," in The Future of Gay Rights in America (H.N. Hirsch, ed., 2005) (book chapter)
"Bad Arguments Against Gay Marriage," 7 Florida Coastal L. Rev. 181 (2005)
"Four Arguments Against the Federal Marriage Amendment That Even an Opponent of Gay Marriage Should Accept," 2 St. Thomas L. Rev. 71 (2004)
"The Unknown Past of Lawrence v. Texas," 102 Mich. L. Rev. 1464 (2004)
"Is Lawrence Libertarian?" 88 Minn. L. Rev. 1140 (2004)
"The Antipaternalism Principle in the First Amendment," 37 Creighton L. Rev. 579 (2004)
"Judicial Supremacy and Its Discontents," 20 Const. Comm. 405 (2003)
"Freedom of Expressive Association and Antidiscrimination Law After Dale: A Tripartite Approach," 85 Minn. L. Rev. 1515 (2001)
"A Conservative Defense of Romer v. Evans," 76 Ind. L. J. 403 (2001)
"Same-Sex Sexual Harassment Under Title VII," 37 S. Tex. L. Rev. 699 (1996)
Comment, "Bumping the Status Quo: Actual Relief for Actual Victims Under Title VII," 58 U. Ci. L. Rev. 703 (1991)
Book Reviews, Commentaries, and Briefs
"Straight Acting," Minn. L. Rev. (forthcoming 2008)
"Anti-Gay But Why Sue? Fighting eHarmony Ban on Same-Sex Matchups," Chicago Sun-Times (July 9, 2007) (op-ed)
"The Federal Marriage Amendment: Anti-democratic," Chicago Sun-Times (June 4, 2006) (op-ed)
"A Discourse: Presidential Powers in Time of War," Perspectives 35-41 (Spring 2006) (exchange with Professors Michael Paulsen and Heidi Kitrosser (available at www.law.umn.edu/uploads/images/5025/Perspectives_
06spring.pdf)
"The Federal Marriage Amendment: Unnecessary, Anti-Federalist, and Undemocratic," The Cato Institute, June 1, 2006 (policy analysis) (available at http://cato.org/pubs/pas/pa570.pdf)
"Law school is anti-discrimination, not anti-military," Minneapolis Star-Tribune (Dec. 17, 2005) (op-ed) (co-authored with Dean Alex Johnson and Professor Beverly Balos)
"Is the Solomon Amendment Unconstitutional?," Preview of United States Supreme Court Cases 3: 143 (ABA, Nov. 28, 2005)
"Response: The Value of Institutions and the Values of Free Speech," 89 Minn. L. Rev. 1407 (2005)
"The Bonds of Common Ground," National Review Online (Oct. 25, 2005) (available at http://www.nationalreview.com/comment/
carpenter200510250830.asp)
"Children and society would benefit, too," Minneapolis Star-Tribune (Sept. 17, 2004) (op-ed)
"Bad Arguments for Gay Marriage," in I Do/I Don't: Queers on Marriage (Suspect Thoughts Press, 2004)
"Analyzing Lawrence v. Texas," 19 Focus on Law Studies 2 (ABA 2003)
"Sodomites Owe Thanks to Texas Republicans," Houston Chronicle (July 20, 2003) (op-ed)
"Does the Texas Homosexual Conduct Law Violate the Fourteenth Amendment?", 6 Preview of United States Supreme Court Cases 341 (ABA 2003)
Brief Amicus Curiae for the Republican Unity Coalition, Lawrence v. Texas (2003) (co-author)
"Keeping Secrets," 86 Minn. L. Rev. 1097 (2002) (introduction to symposium on privacy law)
"The Limits of Gaylaw," 17 Const. Comm. 603 (2001) (book review essay)
Numerous essays on law, politics, and culture available at www.indegayforum.com
Working Projects
Traditionalism and Gay Marriage (article)
Congressional Testimony, Speeches, and Presentations
Panelist and speaker, symposium on freedom of association, University of Minnesota Law School, February 2001
Participant, Colloquium on the 40th Anniversary of Hayek's The Constitution of Liberty, San Diego, CA, November 29-December 2, 2001
Panelist and speaker, panel on freedom of association, Annual AALS Conference, January 2003
Panelist, symposium on the bicentennial of Marbury v. Madison, University of Minnesota Law School, March 2003
Commentator on Lawrence v. Texas, Daytime with Linda Vester (Fox News), June 26, 2003
Panelist, panel on Lawrence v. Texas, William Mitchell Law School, July 2003
Expert witness, testimony before the U.S. Senate Subcommittee on the Constitution on the subject, "What is Needed to Defend the Bi-Partisan Defense of Marriage Act of 1996?", September 4, 2003
Panelist and speaker, panel on Lawrence v. Texas, Cardozo Law School, October 2003
Panelist and speaker, Gay Rights After Lawrence (symposium), University of Minnesota Law School, November 21-22, 2003
Speaker, debate on same-sex marriage, University of Virginia Law School, January 19, 2004
Speaker and panelist, symposium on gay rights, South Texas College of Law, February 13, 2004
Speaker, debate on same-sex marriage, St. Thomas College of Law, March 9, 2004
Speaker, debate on same-sex marriage, William Mitchell College of Law, March 9, 2004
Speaker, debate on same-sex marriage, University of Minnesota Law School, March 10, 2004
Speaker, debate on state constitutional marriage amendment, on "Face to Face," Twin Cities Public Television, April 1, 2004
Speaker and panelist, presentation on same-sex marriage, Carleton College, April 8, 2004
Moderator, debate on same-sex marriage, University of Minnesota, April 15, 2004
Speaker, presentation on same-sex marriage, University of Missouri Law School, April 19, 2004
Speaker, debate on same-sex marriage, St. Olaf College, May 4, 2004
Panelist, First Amendment Symposium sponsored by the Minnesota League of Cities, Brainerd, Minnesota, July 21, 2004
Speaker, debate on same-sex marriage, University of Minnesota, September 16, 2004
Panelist and speaker, symposium on the First Amendment, University of Minnesota Law School, October 22, 2004
Speaker, presentation on the recognition of gay families, sponsored by the Liberty Education Forum, New Orleans, April 1, 2005
Panelist, Conference on State Marriage Amendments, Georgia State University, April 16, 2005
Speaker, Debate on the constitutionality of the Solomon Amendment, University of Minnesota Law School, September 26, 2005
Speaker, Debate on the Texas Marriage Amendment, University of Houston Law School, October 10, 2005
Speaker, Debate on the Texas Marriage Amendment, South Texas College of Law, October 11, 2005
Moderator, Symposium: "The Future of the Supreme Court: Institutional Reform and Beyond," University of Minnesota Law School, October 21, 2005
Speaker, Fifth Annual Conference on Sexual Orientation and the Law, UCLA Law School, February 24, 2006
Speaker, Conference: Censorship and Institutional Review Boards, Northwestern University Law School, April 6-7, 2006
Panelist, Is the Federal Marriage Amendment Consistent with Federalism and American Values? (broadcast live by CSPAN), sponsored by the Cato Institute and the Center for American Progress, Washington, D.C., June 5, 2006
Speaker, Summer CLE, The Constitution in the Rehnquist Court, University of Minnesota Law School, May 31, 2006
Panelist, Rumsfeld v. FAIR, Cato Institute, Washington, D.C., Sept. 14, 2006
Speaker, Against the Wisconsin Marriage Amendment, University of Wisconsin-Superior, Sept. 18, 2006
Speaker, Rumsfeld v. FAIR, University of Minnesota Constitution Day, Sept. 19, 2006
Speaker, Washington Marriage Decision, Seattle Federalist Society, Oct. 2, 2006
Panelist, Opening of Log Cabin Archives, Tretter Collection, University of Minnesota, Oct. 7, 2006
Debater, Gay Marriage, University of Minnesota Law School, Oct. 17, 2006
Speaker, New Jersey Marriage Decision, Federalist Society, Rutgers Law School, Nov. 6, 2006
Speaker, The Conservative Case, Case Western reserve law School, Mar. 5, 2007
Speaker, Symposium on law and identity, University of Minnesota Law School, April 7, 2007
Speaker, Summer CLE, The Constitution in the Rehnquist Court and Beyond, University of Minnesota Law School, June 4, 2007
Faculty Workshop, Traditionalism and Gay Marriage, Southern Methodist University Law School, Sept. 11, 2007
Panelist, National Family Law Symposium, University of Richmond Law School, Sept. 16, 2007
Speaker, "Where is the Supreme Court headed?" League of Women Voters, Nothfield, Minnesota, Sept. 29, 2007
Faculty workshop, Traditionalism and Gay Marriage, University of Missouri Law School, Oct. 15, 2007
Speaker, Symposium on same-sex marriage and gay adoption, Brigham Young University Law School, Nov. 2, 2007
Organizer of symposium and speaker: "Is Gay Marriage Conservative?" South Texas College of Law, February 15, 2008
Faculty workshop, Traditionalism and Gay Marriage, Hofstra Law School, April 7, 2008