Document Type

Working Paper

Publication Date

2002

Abstract

This article examines the difficulties associated with identity-based arguments in litigation. In particular, the article considers the ways in which anti-essentialist and social constructionist framings of identity clash with judicial preferences for fixed identity categories. I review cases in which courts have addressed anti-essentialist and social constructionist arguments (both positively and negatively) and offer preliminary hypotheses to explain the limits on courts' willingness to accept these types of arguments

Disciplines

Civil Rights and Discrimination | Law | Law and Gender | Law and Society | Sexuality and the Law

Center/Program

Center for Gender & Sexuality Law

Center/Program

Center for Contract and Economic Organization

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