Nancy Marcus

Nancy Marcus is an attorney at Waters Kraus & Paul in the firm’s Los Angeles office. She is an accomplished litigator who focuses her practice on appellate matters, birth injury litigation, and toxic torts, including asbestos exposure resulting in mesothelioma and benzene exposure cases. Nancy also represents whistleblowers who have uncovered fraud against the government.

Nancy earned her bachelor’s degree from James Madison College at Michigan State University. She was awarded her Juris Doctor degree from Case Western Reserve School of Law, where she was on the Dean’s Honors List, was a Merit Scholar, and was an Associate Notes Editor for the Health Matrix Law Journal. While there, Nancy served as the Associate Notes Editor of the Health Matrix Law Journal. She was also on the Dean’s Honors List and she was a Merit Scholar. Additionally, Nancy holds a masters of law degree and doctorate of juridical science degree from the University of Wisconsin Law School. She was also a judicial law clerk for the Wisconsin Court of Appeals and the Wisconsin Supreme Court and has worked as research counsel at the American Association of Justice. After obtaining her advanced law degrees, Nancy worked at a boutique litigation firm in Cleveland, Ohio, and served as adjunct professor of law at her alma mater, Case Western Reserve University School of Law. She later served as an assistant professor of law and founding constitutional law professor at Indiana Tech Law School.

Nancy is a frequent presenter and a prolific writer whose publications have addressed tort and bankruptcy law as well as contemporary civil rights issues. She is active in the community, having served on a number of boards and committees. Her leadership positions have included serving as the Chair of the ABA’s civil rights litigation section LGBT subcommittee, and being a co-founder of BiLaw, the first national association of bisexual and bi-allied lawyers, legal academics, and law students. Nancy is licensed to practice law by the state bars of California, the District of Columbia, and Ohio.

Areas of Practice

• Appellate
• Asbestos Litigation
• Birth Injury Litigation
• Benzene
• Qui Tam Whistleblower
• Qui Tam – Government False Claims Act Litigation
• Toxic Tort

Pro Bono & Community Service

• Expert Reviewer, Journal of Homosexuality (published by the Taylor & Francis Group, LLC), 2015-Present
• Chair, American Bar Association, Civil Rights and Social Justice Section, LGBT Rights Subcommittee, 2014-2017
• Member, Board of Directors, Northeast Indiana Positive Resource Connection, Fort Wayne, Indiana, 2015-2016
• Member, Board of Directors, Northeast Indiana Diversity Library, Fort Wayne, Indiana, 2015-2016
• Peer Reviewer, Cambridge University Press, 2016
• Volunteer Attorney, Lambda Legal, Cooperating Attorney Network, 2009-2013
• Representative and Voting Member, Ohio Women’s Bar Association, Cleveland Judicial Candidate Ratings Committee, Cleveland, Ohio, 2009-2013
• Board Member, Outreach Community Center, Board of Directors, Madison, Wisconsin 2008-2009
• Committee Member, Human Rights Campaign Steering Committee, Cleveland, Ohio, 2008-2009
• Board Member and Corporate Liaison, National Lesbian and Gay Law Foundation, Board of Directors, 2005-2006
• Task Force Advisory Committee Member, Tuscarawas and Carroll County AIDS Task Force, 1998-1999
• Task Force Advisory Committee Member, Tuscarawas and Holmes County Welfare Planning Committees, 1998-1999

Bar Admissions

• California, 2017
• District of Columbia, 1999
• Ohio, 1997
• U.S. Court of Appeals, 6th Circuit, 2010
• U.S. District Court, Northern District of Ohio, 2010
• U.S. District Court, Southern District of Ohio, 1998

Education

• University of Wisconsin Law School, Madison, Wisconsin, S.J.D., 2006
• University of Wisconsin Law School, Madison, Wisconsin, LL.M., 2005, M.A., 1982
• Case Western Reserve University School of Law, Cleveland, Ohio, J.D. 1997
• James Madison College at Michigan State University, East Lansing, Michigan, B.A., 1994

Professional Associations & Memberships

• State Bar of California, 2017-Present
• BiLaw (First national association of bisexual and bi-allied lawyers, legal academics and law students), Co-Founder, 2013-Present

Honors & Awards

• Recipient, “Tech Salute” Faculty Recognition Award, Indiana Institute of Technology, May 2014, February 2015, May 2015
• Dean’s Honor List, Case Western Reserve University School of Law, 1994-1997
• Merit Scholar, Case Western Reserve University School of Law, 1994-1997
• CALI Excellence for the Future Award, Case Western Reserve University School of Law, 1997
• Health Matrix Law Journal, Associate Notes Editor, Case Western Reserve University School of Law, 1996-1997
• Lesbian Gay Law Alliance Award, Case Western Reserve University School of Law, 1996

Other Appointments

• Judicial Law Clerk, Justice Louis B. Butler, Wisconsin Supreme Court, Madison, WI, 2007-08
• Judicial Law Clerk, Judge Paul B. Higginbotham, Wisconsin Court of Appeals, Madison, WI, 2006-07
• Assistant Professor of Law and Founding Constitutional Law Professor, Indiana Tech Law School, Fort Wayne, Indiana, 2013-2016
• Adjunct Professor of Law, Case Western Reserve University School of Law, Cleveland. Ohio, 2011-2013

Publications & Speeches

• Author, Bostock v. Clayton County and the Problem of Bisexual Erasure, Nw. U. L. Rev. Colloquy (2020), https://scholarlycommons.law.northwestern.edu/nulr_online/298
• Panelist, More Than Just a Wedding Cake: The Intersectionality of Civil Rights in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, Feminist Majority Foundation, Los Angeles, CA, April 25, 2018 (with David Cruz, Michele Bratcher Goodwin, Maya Rupert, and Rick Zbur)
• Presenter, The Critical Importance of Judicial Nominations, Or Why Bad Judges Are Worse than Bad Spouses, Equality California Fair Share Conference, Los Angeles, CA, April 6, 2018
• Author, The Global Problem of Bisexual Erasure in Litigation and Jurisprudence, J. of Bisexuality (2018), DOI: 10.1080/15299716.2017.1384423
• Panelist, Understanding Discrimination Against Bisexuals and Internalized Biphobia: The Keys to Successful Representation of Members of the Bi+ Community, 2017 LGBT Bar Association Lavender Law Conference, San Francisco, CA, August 2, 2017 (with Shannon Minter, Tangela Roberts and Ann Tweedy)
• Moderator and Panelist, Bisexual-Inclusive Equality: Bi-Inclusivity Issues and Opportunities in State and Local Policy Work, Equality Federation Leadership Conference, July 27, 2017 (with Heron Greenesmith, Camille Holthaus, and Monica Meyer)
• Organizer and Panelist, Religion as Sword or Shield? Tensions over LGBT Rights and Religious Exemption Claims, American Bar Association Inaugural Litigation Section LGBT Forum, May 2, 2017 (with Shannon Minter, Peter Renn, Kyle Velte, and Grayson Yeargin)
• Organizer, Moderator, and Panelist, Recent Developments in LGBT Litigation and Legislation, American Bar Association Civil Rights Litigation Committee Roundtable, April 27, 2017 (with Rose Saxe)
• Panelist, LGBTQ Life One Year After Trump, L.A. City Hall Panel Discussion, Los Angeles, CA, Jan. 18, 2017 (with Ricardo Lara and Jocelyn Sanders)
• Author, From Edward to Eric Garner and Beyond: The Importance of Constitutional Limitations on Lethal Use of Force in Police, 12 Duke J. Const. L. & Pol’y 53 (2016), reprinted as Chapter 8 in 33 National Police Accountability Project, CIVIL RIGHTS LITIGATION AND ATTORNEY FEES ANNUAL HANDBOOK (Steven Saltzman, ed., Thomson Reuters, 2017)
• Presenter, The Freedom of Intimate Association in Same-Sex Marriage and Beyond, Constitutional Law Colloquium, Loyola University Chicago School of Law, Chicago, IL, Nov. 4, 2016
• Moderator, Panel on Bisexual Discrimination, Bisexuality Awareness Week Community Briefing, White House, Washington, D.C., Sept. 26, 2016 (with Greg Ward and R.J. Aguiar)
• Presenter, Bridging Bisexual Erasure in LGBT-Rights Discourse and Litigation, European Bisexual Research Conference, Amsterdam (via Sykpe), July 29, 2016
• Organizer and Moderator, Out of Breath: Civil Rights and Law Enforcement, American Bar Association Litigation Section Conference, Chicago, IL, April 15, 2016 (with Subodh Chandra, Neil Bruntrager, and Emily Gunston)
• Co-Author, The Power to Regulate Bankruptcy, in THE POWERS OF THE U.S. CONGRESS: WHERE ITS CONSTITUTIONAL AUTHORITY BEGINS AND ENDS (Brian Hallett, ed. ABC-CLIO, 2016) (with Judi Fitzgerald)
• Presenter, “Out of Breath and Down to the Wire: A Call for Constitution-Focused Police Reform,” Present and Future of Civil Rights Movements: Race and Reform in 21st Century America, Duke Law School, Durham, NC, November 21, 2015 (and panel discussion on “The Enduring Links Between Race and Police Brutality” with Blanche Cook, Caitlin Gossett, and Eric Miller)
• Presenter, “In Defense of Broad Federal Injunctions Against Unconstitutional Laws and the
  Power of Courts to Effectually Strike Down Unconstitutional Laws,” Constitutional Law Colloquium, Loyola University Chicago School of Law, Chicago, IL, November 7, 2015 (and panel discussion on “Judicial Power and Restraint” with Fred Smith, Jr., and Andrew Hessick)
• Author, “Religious Freedom” as a Shield and a Sword: Tensions Between Conflicting Rights, JURIST Magazine – Academic Commentary (August 11, 2015), http://jurist.org/forum/2015/08/nancy-marcus-religious-freedom.php
• Panelist, “Bi-Specific Discrimination and Needs,” Ohio State Bar Association LGBT Diversity and Inclusion Conference/CLE Presentation, Columbus, OH, June 17, 2015 (with Heron Greenesmith)
• Panelist and Co-Facilitator, Harvard Law School “Bisexuality Day,” Cambridge, MA, March 5, 2015 (with Diana Adams and Andy Izenson)
• Author, Bridging Bisexual Erasure in LGBT-Rights Discourse and Litigation, 22 Mich. J. Gender & L. 291 (2015)
• Author, Out of Breath and Down to the Wire: A Call for Constitution-Focused Police Reform, 59 How. L. J. 5 (2015)
• Co-Author, How We’re Asking the Supreme Court to End Bi Erasure, The Advocate Magazine, http://www.advocate.com/commentary/2015/03/04/op-ed-how-were-asking-supreme-court-end-bi-erasure (March 4, 2015) (with Toby Adams, Nancy Marcus et al)
• Author, When Quacking like a Duck is Really a Swan Song in Disguise: How Windsor’s State Powers Analysis Sets the Stage for the Demise of Federalism-Based Marriage Discrimination, 64 Case W. Res. L. Rev. 1073 (2014)(symposium)
• Author, Ind. Decisions – Comments on SCOTUS Denials Today by Indiana Tech Law Professor (Oct. 6, 2014), www.indianalawblog.com
• Presenter and Conference Co-Organizer, “Untraceable, Undetectable, and, So Far, Largely Unregulated: ‘3-D Guns,’” Indiana Tech Law School Inaugural Symposium, On the Question of Regulating Guns, Fort Wayne, Indiana, November 8, 2013
• Author, 3 Developments with Transgender Rights that May Affect Employment Discrimination Cases, ABA Now, American Bar Association, (February 19, 2013), http://www.americanbar.org/news/abanews/aba-news-archives/2013/08/3_developments_with.html
• Author, Deeply Rooted Principles of Equal Liberty, not “Argle Bargle”: The Inevitability of Marriage Equality After Windsor, 23 Tul. J. L. & Sexuality 17 (2014)
• Author, Phantom Parties and Other Practical Problems with the Attempted Abolition of Joint and Several Liability, 60 Ark. L. Rev. 437 (2007)(also excerpted in Andrew F. Popper, Materials on Tort Reform (American Casebook Series) (1st Ed. West Academic Publishing, 2010) and (2nd Ed. West Academic Publishing, 2017)
• Author, Beyond Romer and Lawrence: The Right to Privacy Comes out of the Closet, 15 Colum. J. Gender & L. 355 (2006)
• Author, The Freedom of Intimate Association in the Twenty First Century, 16 Geo. Mason U. Civ. Rts. L.J. 269 (2006)
• Co-Author, Seat Belt Defense Legislation, 27 Advocate 5, June 2001 (with Roselyn Bonanti)