Dale Carpenter

Southern Methodist University - Dedman School of Law

Judge William Hawley Atwell Chair of Constitutional Law and Professor of Law

P.O. Box 750116

Dallas, TX 75275

United States

  • Southern Methodist University - Dedman School of Law

SCHOLARLY PAPERS

22

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4,137

TOTAL CITATIONS

6

Scholarly Papers (22)

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1.

Bad Arguments Against Gay Marriage

Minnesota Legal Studies Research Paper No. 05-42
Number of pages: 46 Posted: 25 Oct 2005
Dale Carpenter
Southern Methodist University - Dedman School of Law
Downloads 1,424 (29,043)
Citation 1

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Gay Marriage, Same-Sex Marriage, Polygamy, Procreation, Definition of Marriage, Marriage, Slippery Slope

2.

Windsor Products: Equal Protection from Animus

Supreme Court Review (2014 Forthcoming), Minnesota Legal Studies Research Paper No. 14-22
Number of pages: 104 Posted: 16 Apr 2014 Last Revised: 23 Oct 2014
Dale Carpenter
Southern Methodist University - Dedman School of Law
Downloads 1,031 (46,424)

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constitutional law, equal protection, animus, DOMA, federalism, gay rights, gay marriage, same-sex marriage

3.

Unanimously Wrong

Cato Supreme Court Review, Forthcoming, Minnesota Legal Studies Research Paper No. 06-35
Number of pages: 48 Posted: 19 Aug 2006
Dale Carpenter
Southern Methodist University - Dedman School of Law
Downloads 332 (190,944)

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free speech, freedom of association, compelled speech, rumsfeld, fair, forum for academic and institutional rights, solomon amendment, don't as don't tell, gays, homosexuals, military, law schools, federalism, unconstitutional conditions, libertarian, liberty, freedom

4.

Institutional Review Boards, Regulatory Incentives, and Some Modest Proposals for Reform

Northwestern University Law Review, Vol. 101, No. 2, 2007, Minnesota Legal Studies Research Paper No. 06-64
Number of pages: 20 Posted: 05 Dec 2006
Dale Carpenter
Southern Methodist University - Dedman School of Law
Downloads 277 (231,145)
Citation 1

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Institutional Review Boards, First Amendment, social science research, IRBs, IRB

5.

Born in Dissent: Free Speech and Gay Rights

72 SMU Law Review 375 (2019), SMU Dedman School of Law Legal Studies Research Paper No. 438
Number of pages: 15 Posted: 27 Sep 2019 Last Revised: 08 Jul 2021
Dale Carpenter
Southern Methodist University - Dedman School of Law
Downloads 195 (325,052)

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First Amendment, Free Speech, Gay Rights, United States, Civil Rights, Schenck v. United States, Society for Human Rights, SHR

6.

The Dead End of Animus Doctrine

74 Ala. L. Rev. 585 (2023), SMU Dedman School of Law Legal Studies Research Paper No. 599
Number of pages: 64 Posted: 04 May 2023
Dale Carpenter
Southern Methodist University - Dedman School of Law
Downloads 121 (484,916)

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Animus doctrine, Unconstitutional animus, Constitutional law, Equal protection, Equality before the law, Supreme Court, Constitutional history, United States v. Windsor, Romer v. Evans, Trump v. Hawaii, Department of Homeland Security v. Regents of the University of California, Masterpiece Cakeshop

7.

A Traditionalist Case for Gay Marriage

South Texas Law Review, Vol. 50, No. 1, 2008
Number of pages: 12 Posted: 05 Aug 2016
Dale Carpenter
Southern Methodist University - Dedman School of Law
Downloads 107 (531,515)

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same-sex marriage, gay marriage, Burkeanism, Burkean conservatism, gay couples, legal benefits

8.

The Federal Marriage Amendment: Unnecessary, Anti-Federalist, and Anti-Democratic (PA 570)

Cato Institute Policy Analysis, Vol. 570, April 2006
Number of pages: 20 Posted: 02 Apr 2007
Dale Carpenter
Southern Methodist University - Dedman School of Law
Downloads 78 (649,147)

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Cato, Dale Carpenter, PA 570, Federal Marriage Amendment, FMA, constitutional amendment, same-sex marriage, federalism

9.

The Unknown Past of Lawrence v. Texas

Michigan Law Review, Vol. 102, No. 7, 2004
Number of pages: 64 Posted: 08 Aug 2016
Dale Carpenter
Southern Methodist University - Dedman School of Law
Downloads 73 (673,079)
Citation 1

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Lawrence v. Texas, Texas sodomy law, gay rights, Supreme Court decisions, gay history, homosexuals – law, equal protection

10.

Straight Acting

Minnesota Journal of Law, Science & Technology, Vol. 9, 2008
Number of pages: 10 Posted: 05 Aug 2016
Dale Carpenter
Southern Methodist University - Dedman School of Law
Downloads 65 (715,378)

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straight acting, gay stereotypes, gay civil rights, homosexuals law

11.

Expressive Association and Anti-Discrimination Law after Dale: A Tripartite Approach

Minnesota Law Review, Vol. 85, No. 6, 2001
Number of pages: 76 Posted: 08 Aug 2016
Dale Carpenter
Southern Methodist University - Dedman School of Law
Downloads 63 (726,867)

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freedom of expressive association, The Boy Scouts of America v. Dale, gay rights, Supreme Court, First Amendment, Constitution, homosexuals – law, history

12.

Same-Sex Sexual Harassment Under Title VII

South Texas Law Review, Vol. 37, No. 3, 1996
Number of pages: 28 Posted: 21 Aug 2016
Dale Carpenter
Southern Methodist University - Dedman School of Law
Downloads 48 (825,882)

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Title VII, Civil Rights Act, employment discrimination, same-sex sexual harassment, federal law, Meritor Savings Bank v. Vinson

13.

Four Arguments Against the Federal Marriage Amendment that Even an Opponent of Gay Marriage Should Accept

University of St. Thomas Law Journal, Vol. 2, No. 1, 2004
Number of pages: 24 Posted: 05 Aug 2016
Dale Carpenter
Southern Methodist University - Dedman School of Law
Downloads 48 (825,882)

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same-sex marriage, Constitution, gay couples - family law, civil rights, state regulation

14.

Judicial Supremacy and Its Discontents

Constitutional Commentary, Vol. 20, No. 2, 2003
Number of pages: 32 Posted: 08 Aug 2016
Dale Carpenter
Southern Methodist University - Dedman School of Law
Downloads 46 (841,414)

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judicial supremacy, Constitution, Supreme Court

15.

A Conservative Defense of Romer v. Evans

Indiana Law Journal, Vol. 76, No. 2, 2001
Number of pages: 40 Posted: 21 Aug 2016
Dale Carpenter
Southern Methodist University - Dedman School of Law
Downloads 41 (882,523)

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Romer v. Evans, Supreme Court, state laws, Edmund Burke, Burkean conservatism, discrimination – gays, civil rights – homosexuals, 14th amendment, equal protection

16.

Is Lawrence Libertarian?

Minnesota Law Review, Vol. 88, No. 5, 2004
Number of pages: 31 Posted: 08 Aug 2016
Dale Carpenter
Southern Methodist University - Dedman School of Law
Downloads 36 (928,125)

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Lawrence v. Texas, Supreme Court decisions, right to privacy, protected liberty rights, gay rights, homosexuals – law, equal protection

17.

A Review Essay: Limits of Gaylaw

Constitutional Commentary, Vol. 17, No. 3, 2000
Number of pages: 48 Posted: 21 Aug 2016
Dale Carpenter
Southern Methodist University - Dedman School of Law
Downloads 31 (977,758)

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book review, William Eskridge, homosexuals – legal history, gay rights, Constitution, gays – discrimination

18.

The Antipaternalism Principle in the First Amendment

Creighton Law Review, Vol. 37, No. 3, 2004
Number of pages: 74 Posted: 07 Aug 2016
Dale Carpenter
Southern Methodist University - Dedman School of Law
Downloads 31 (977,758)

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First Amendment, free speech, antipaternalism

19.

Bumping the Status Quo: Actual Relief for Actual Victims Under Title VII

University of Chicago Law Review, Vol. 58, No. 2, 1991
Number of pages: 30 Posted: 21 Aug 2016
Dale Carpenter
Southern Methodist University - Dedman School of Law
Downloads 30 (988,454)

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Title VII, Civil Rights Act, work place discrimination, bumping, rightful place doctrine, employment law, employment discrimination - remedies

20.

Introduction: Keeping Secrets

Minnesota Law Review, Vol. 86, No. 6, 2002
Number of pages: 18 Posted: 21 Aug 2016
Dale Carpenter
Southern Methodist University - Dedman School of Law
Downloads 30 (988,454)
Citation 3

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Symposium – Modern Studies in Privacy Law, right to privacy, Constitution, USA PATRIOT Act, HIPAA

21.

Is the Solomon Amendment Unconstitutional?

2005 Preview of United States Supreme Court Cases 143 (28). , SMU Dedman School of Law Legal Studies Research Paper No. 472
Number of pages: 5 Posted: 29 Jun 2020
Dale Carpenter
Southern Methodist University - Dedman School of Law
Downloads 16 (1,156,521)

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Constitutional law, Solomon Amendment, First Amendment, constitutional rights, United States Armed Forces - recruiting and enlistment, college campuses, Donald Rumsfeld, Rumsfeld v. Forum for Academic and Institutional Rights (FAIR), federal aid to higher education, gay military personnel

22.

Does the Texas Homosexual Conduct Law Violate the Fourteenth Amendment?

2003 Preview of United States Supreme Court Cases 341 (21), SMU Dedman School of Law Legal Studies Research Paper No. 473
Number of pages: 9 Posted: 29 Jun 2020
Dale Carpenter
Southern Methodist University - Dedman School of Law
Downloads 14 (1,182,034)

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Bowers v. Hardwick, Supreme Court, Texas Homosexual Conduct Law, Fourteenth Amendment, right of privacy, discrimination, gays, civil rights