This paper offers a new take on Windsor v. the United States, a case on everyone's mind as this issue goes to print given the Supreme Court's recent grant of certiorari in the same-sex marriage cases. Be warned, though. Academics usually come to bury opinions, not to praise them, so I'm stepping out of role by saying something nice about a Supreme Court opinion. But I think there's a bit of mad genius in Windsor and that academics have been too quick to dismiss its insights.
Date of Authorship for this Version
Gerken, Heather K., "WINDSOR'S MAD GENIUS: THE INTERLOCKING GEARS OF RIGHTS AND STRUCTURE" (2015). Faculty Scholarship Series. Paper 4892.