USC Gould Search

David B. Cruz

David B. Cruz

Newton Professor of Constitutional Law

Telephone: (213) 740-2551
Fax: (213) 740-5502
699 Exposition Blvd. Los Angeles, CA 90089-0074 USA Room: 424
Personal Website: Link
SSRN Author Page: Link

Last Updated: August 30, 2019




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

The Washington Post
December 2, 2019
Re: Jonathan Handel

Jonathan Handel was quoted on Pete Davidson's nondisclosure agreement for attending his comedy shows, barring the audience from speaking about his shows. Handel mentioned that successfully suing a random fan for $1 million would be nearly impossible. “The optics of going to court and suing one of your fans is really pretty ugly,” Handel said. “It would be foolish to do that.”

RECENT SCHOLARSHIP

Scott Altman
October, 2019

"Are Boycotts, Shunning, and Shaming Corrupt?” Legal Theory Workshop, University of Virginia Law School, Charlottesville, VA.

Gregory Keating
October, 2019

Gregory Keating’s paper, “Is Tort Law ‘Private’?” was reviewed by Ellen Bublick as a significant work of scholarship relating to Tort Law in JOTWELL: The Journal of Things We Like (Lots), on October 15, 2019.

Dan Simon
October, 2019

“Confessions True and False,” Korean Society for Criminal Law, Yonsei University Law School, Seoul, South Korea.