Associate Professor of Law
Katie Eyer
Camden Law School East
217 N 5th St
Camden, NJ 08102

Katie Eyer is an anti-discrimination law teacher, scholar and litigator.  Her award-winning scholarship draws on legal history and social psychology to illuminate contemporary debates in anti-discrimination law and theory.  Prior to entering academia, Professor Eyer litigated precedent-setting cases on behalf of LGBT and disabled employees.

  • Biography
  • Publications
  • Expertise

Katie Eyer joined the Rutgers law faculty as an Assistant Professor in June 2012.  Her award-winning scholarship takes multidisciplinary approaches to questions of contemporary anti-discrimination law, and has appeared or is forthcoming in journals such as the University of Pennsylvania Law Review, the Harvard Civil Rights-Civil Liberties Law Review, the Minnesota Law Review, and the Southern California Law Review.  Her recent work draws on archival and other historical materials to illuminate contemporary debates in constitutional anti-discrimination law and theory.

Prior to coming to Rutgers, Katie was a Research Scholar and Lecturer at the University of Pennsylvania, where she conducted research in conjunction with the Alice Paul Center for Research on Women, Gender and Sexuality and taught Disability Law.  Katie also litigated civil rights cases prior to entering academia full time, and secured a number of precedents in the Third Circuit expanding the legal rights of LGBT and disabled employees.  From 2005-2007, she was a Skadden Fellow at Equality Advocates Pennsylvania, where she launched their employment rights project, providing direct legal services and engaging in impact litigation on behalf of LGBT employees.

Katie clerked for the Hon. Guido Calabresi in 2004-2005, and was a plaintiff-side anti-discrimination litigator with the private firm of Salmanson Goldshaw, PC from 2007-2012.


The Canon of Rational Basis Review, 93 Notre Dame L. Rev. __ (2017) (forthcoming).

Protected Class Rational Basis Review, 95 North Carolina L. Rev. __ (2017) (forthcoming).

The Declaration of Independence as Bellwether, 89 S.Cal. L. Rev. 427 (2016).

Ideological Drift and the Forgotten History of Intent, 51 Harv. C.R.-C.L. L. Rev. 1 (2016) (reviewed by Helen Norton on JOTWELL here).

Lesbian, Gay, Bisexual, and Transgender Employees in Legal Issues Affecting Gay, Lesbian, Bisexual and Transgender Clients (PBI Press 2008, 2d ed. 2012, 3d ed. 2016) (earlier version published in 2006 as an ACS White Paper).

Brown, Not Loving: Obergefell and the Unfinished Business of Formal Equality, 125 Yale L. J. F. 1 (2015).

Constitutional Crossroads and the Canon of Rational Basis Review, 48 U.C. Davis. L. Rev. 527 (2014).

Constitutional Colorblindness and the Family, 162 U. Pa. L. Rev. 537 (2014) (awarded Honorable Mention in the 2013 AALS Scholarly Papers Competition). 

Lower Court Popular Constitutionalism, 123 Yale. L. J. Online 197 (2013).

Marriage This Term: On Liberty and the "New Equal Protection", 60 UCLA L. Rev. Disc. 2 (2012). 

That’s Not Discrimination: American Beliefs and the Limits of Anti-Discrimination Law, 96 Minn. L. Rev. 1275 (2012) (reviewed by Charles Sullivan on JOTWELL here).

Have We Arrived Yet? LGBT Rights and the Limits of Formal Equality, 19 Law & Sexuality 159 (2010) (selected for publication by a peer-review panel of the AALS Section on Sexual Orientation and Gender Identity Issues).

Administrative Adjudication and the Rule of Law, 60 Admin. L. Rev. 647 (2008).

Note, Rehabilitation Act Redux, 23 Yale L. & Pol’y Rev. 271 (2005).

Litigating for Treatment: The Use of State Laws and Constitutions in Obtaining Treatment Rights for Individuals with Mental Illness, 28 N.Y.U. Rev. L. & Soc. Change 1 (2003).

Case Note, Related Within the Second Degree? Burns v. Burns and the Potential Benefits of Civil Union Status, 20 Yale L. & Pol’y Rev. 297 (2002).


  • Civil Procedure
  • Civil Rights & Civil Liberties
  • Constitutional Law
  • Employment Discrimination
  • Employment Law