David B. Cruz
USC Gould School of Law

David Cruz is a constitutional law expert focusing on civil rights and equality issues, including equal marriage rights for same-sex couples. He specializes in discrimination law and the rights of lesbian, gay, bisexual and transgender persons. He teaches Constitutional Law I; Constitutional Law II; Federal Courts; Sexual Orientation and the Law; International/Comparative Perspectives on Sex, Gender, and Sexual Orientation; Identity Categories; and Law, Identity, and Culture.

Before joining the USC Gould School of Law faculty in 1996, Cruz was a Bristow Fellow in the Office of the Solicitor General in Washington, D.C. He also clerked for The Honorable Edward R. Becker, Circuit Judge of the United States Court of Appeals for the Third Circuit. He is past Chair of the AALS Section on Sexual Orientation and Gender Identity Issues and co-president of ILGLaw, the International Lesbian, Gay, Bi, Trans, and Intersex Law Association.

Cruz graduated from UC Irvine, and earned his master’s degree from Stanford University. He is a graduate of New York University School of Law, where he was managing editor of New York University Law Review.

Cruz’s academic publications include “Spinning Lawrence, or Lawrence v. Texas and the Promotion of Heterosexuality” (Widener Law Review, 2005); “Mystification, Neutrality, and Same-Sex Couples in Marriage,” in Mary Lyndon Shanley’s Just Marriage (Oxford University Press 2004); “Making Up Women: Casinos, Cosmetics, and Title VII” (Nevada Law Journal, 2004); and “Disestablishing Sex and Gender” (California Law Review, 2002).

Books

• Gender Identity and the Law (with Jillian T. Weiss) (Carolina Academic Press, forthcoming 2020).

Articles and Book Chapters

• "Rewritten Opinion in O’Donnabhain v. Commissioner," in Feminist Judgments: Rewritten Tax
  Opinions (Bridget J. Crawford & Anthony C. Infanti, eds., Cambridge U. Press 2017).
• "Log Cabin Republicans: International Experience with Military Inclusiveness and the End of Don't Ask, Don't Tell," 23 Southwestern Journal of International Law 159 (2017). - (Hein)
• “Transgender Rights After Obergefell.” 84 University of Missouri-Kansas City 693 (Spring 2016). - (Hein)
• “‘Amorphous Federalism’ and the Supreme Court’s Marriage Cases.” 47 Loyola of Los Angeles Law Review 393 (2014). - (SSRN) - (Hein)
• “United States v. Windsor, Marriage, and the Dangers of Discernment.” 48 UC Davis Law Review 505 (2014). - (Hein)
• “Acknowledging the Gender in Anti-Transgender Discrimination.” 32 Law & Inequality 257 (2014). - (Hein)
• “Repealing Rights: Proposition 8, Perry, and Crawford Contextualized.” 37 New York University Review of Law & Social Change 235 (2013). - (SSRN) - (Hein)
• “Mystification, Neutrality, and Same-Sex Couples in Marriage.” In Just Marriage (Mary L. Shanley with others, eds.) (Oxford University Press, 2004).
• “Making Up Women: Casinos, Cosmetics, and Title VII” (Symposium: Pursuing Equal Justice in the West). 5 Nevada Law Journal 240 (2004). - (Hein)
• “A Real ‘People’ Person” (A Tribute to the Life of Mary C. Dunlap). 19 Berkeley Women’s Law Journal 7 (2004). - (Hein)
• “Disestablishing Sex and Gender.” 90 California Law Review 997 (2002). [Reprinted in 2 The Dukeminier Awards: Best Sexual Orientation Law Review Articles of 2002 253 (2004).] - (Hein)
• "Civil Marriage and the First Amendment" and "Social and Judicial 'Just-So' Stories." In Marriage and Same-Sex Unions: A Debate (Lynn D. Wardle with others, eds.) (Praeger Publishers, 2003).
• “The New ‘Marital Property’: Civil Marriage and the Right to Exclude?” 30 Capital University Law Review 279 (2002). - (Hein)
• "'Just Don't Call It a Marriage:' The First Amendment and Marriage as an Expressive Resource." 74 Southern California Law Review 925 (2001). - (Hein)
• "Same-Sex Marriage I." In Encyclopedia of the American Constitution, 2d ed. (Leonard W. Levy, Kenneth L. Karst, Adam Winkler, eds.) (Macmillan Reference, 2000).
• "Sexual Orientation" (Update). In Encyclopedia of the American Constitution, 2d ed. (Leonard W. Levy, Kenneth L. Karst, Adam Winkler, eds.) (Macmillan Reference, 2000).
• "'The Sexual Freedom Cases'? Contraception, Abortion, Abstinence, and the Constitution." 35 Harvard Civil Rights-Civil Liberties Law Review 299 (Summer 2000). - (Hein)
• "Controlling Desires: Sexual Orientation Conversion and the Limits of Knowledge and Law." 72 Southern California Law Review 1297 (1999). - (Hein)
• "State of Sovereignty." 21 Los Angeles Lawyer 32 (1998).
• "Piety and Prejudice: Free Exercise Exemption from Laws Prohibiting Sexual Orientation Discrimination." 69 New York University Law Review 1176 (1994). - (Hein)

Other Works

• "Equal Citizens: Fully Integrating All People into Civic Life Requires More Legislative Work." Los Angeles Daily Journal, July 18, 2003, at 6.

FACULTY IN THE NEWS

Harvard Law School Forum on Corporate Governance
September 25, 2023
Re: Jonathan Barnett

Jonathan Barnett wrote an op-ed piece, based on his forthcoming paper to be published in the University of Chicago Business Law Review, about antitrust regulations and the effects it has on merger review processes. "This inquiry raises serious concerns that legislators and regulators have embarked on a course of action that has an insufficient factual foundation in the digital markets on which competition policymakers have focused," Barnett wrote.

RECENT SCHOLARSHIP

Jonathan Barnett
August, 2023

"Killer Acquisitions Reexamined: Economic Hyperbole in the Age of Populist Antitrust," University of Chicago Business Law Review.

Robin Craig
August, 2023

Robin Craig's article, "The Regulatory Shifting Baseline Syndrome: Vaccines, Generational Amnesia, and the Shifting Perception of Risk in Public Law Regimes," 21 Yale Journal of Health Policy, Law, and Ethics 1-60 (July 2022), was featured in The Regulatory Review on August 31, 2023.

Edward McCaffery
August, 2023

"The Paradox of Taxing the Rich," Florida Tax Review (Forthcoming, Fall 2023).