David M. Levy L’48 Professor of Law Nina Kohn’s article “Ageless Law” was recently accepted for publication by North Carolina Law Review. It is forthcoming in 2026.
From the abstract: As states respond to the overturning of Roe v. Wade and concerns about retrenchment of federal civil rights protections, they are considering expanding state constitutional protections against discrimination—including age discrimination. Indeed, in November 2022 and 2024 respectively, Nevada and New York voters overwhelmingly voted to amend their state constitutions to add age as a protected class. It is in this political environment that this article asks a simple question that is, remarkably, largely unexplored in the legal literature: should law be “ageless”?