Digital Commons Network^™

Human Pipeline To The Continental United States: Puerto Rico’S Trafficking Of A Vulnerable Population As A Violation Of The Right To Health (2019), Sarah Dávila-Ruhaak

Sarah Dávila-Ruhaak

No abstract provided.

They, Them, And Theirs, Jessica Clarke

Jessica Clarke

Nonbinary gender identities have quickly gone from obscurity to prominence in American public life, with growing acceptance of gender-neutral pronouns, such as “they, them, and theirs,” and recognition of a third gender category by U.S. states including California, Oregon, New Jersey, Minnesota, and Washington. People with nonbinary gender identities do not exclusively identify as men or women. Feminist legal reformers have long argued that discrimination on the basis of gender nonconformity — in other words, discrimination against men perceived as feminine or women perceived as masculine — is a harmful type of sex discrimination that the law should redress. But …

The Trouble With Jaycees, Neal Devins

Neal E. Devins

No abstract provided.

The Rhetoric Of Equality, Neal Devins

Neal E. Devins

No abstract provided.

The Civil Rights Hydra, Neal Devins

Neal E. Devins

No abstract provided.

Reagan Redux: Civil Rights Under Bush, Neal Devins

Neal E. Devins

No abstract provided.

The Limits Of "Liberal Republicanism": Why Group-Based Remedies And Republican Citizenship Don't Mix, Cynthia V. Ward

Cynthia V. Ward

No abstract provided.

Restoring Fairness To Campus Sex Tribunals, Cynthia Ward

Cynthia V. Ward

No abstract provided.

Brief For The Lawyers' Committee For Civil Rights Under Law; Aarp; The American Civil Liberties Union Foundation; The Legal Aid Society – Employment Law Center; The National Asian Pacific American Legal Consortium; The National Association For The Advancement Of Colored People; The National Employment Lawyers Association; The National Partnership For Women And Families; The National Women's Law Center; And Now Legal Defense And Education Fund; As Amici Curiae In Support Of Respondent, Susan Grover, Patricia E. Roberts, Barbara R. Arnwine, Thomas J. Henderson, Michael L. Foreman, Sarah R. Crawford, Audrey Wiggins

Patricia E. Roberts

No abstract provided.

The Need For A Law Of Church And Market, Nathan B. Oman

Nathan B. Oman

This Essay uses Helfand and Richman’s fine article to raise the question of the law of church and market. In Part I, I argue that the question of religion’s proper relationship to the market is more than simply another aspect of the church-state debates. Rather, it is a topic deserving explicit reflection in its own right. In Part II, I argue that Helfand and Richman demonstrate the danger of creating the law of church and market by accident. Courts and legislators do this when they resolve questions religious commerce poses by applying legal theories developed without any thought for the …

Doux Commerce, Religion, And The Limits Of Antidiscrimination Law, Nathan B. Oman

Nathan B. Oman

Recent cases involving religious businesses owners who object to providing services for same-sex weddings and resulting lawsuits have generated a vigorous academic and popular debate. That debate centers in part on the proper role of religion in the market. This article develops three theories of the proper relationship between commerce and religion and applies them to these conflicts. The first approach would apply the norms of liberal democratic governments to market actors. The second approach posits that any market outcome is legitimate so long as it results from voluntary contracts. These approaches yield contradictory and indeterminate advice on the conflicts …

Judicial Review And Nongeneralizable Cases, Neal Devins, Alan J. Meese

Alan J. Meese

No abstract provided.

The Legal Frontiers Of Gender-Based Violence, Persecution, And Discrimination, Linda A. Malone

Linda A. Malone

No abstract provided.

Book Review Of Law, Gender And Injustice: A Legal History Of U.S. Women, Linda A. Malone

Linda A. Malone

No abstract provided.

Widening Batson's Net To Ensnare More Than The Unapologetically Bigoted Or Painfully Unimaginative Attorney, Jeffrey Bellin, Junichi P. Semitsu

Jeffrey Bellin

In Snyder v. Louisiana, the Supreme Court reaffirmed its commitment to rooting out racially discriminatory jury selection and its belief that the three-step framework established in Batson v. Kentucky is capable of unearthing racially discriminatory peremptory strikes. Yet the Court left in place the talismanic protection available to those who might misuse the peremptory challenge—the unbounded collection of justifications that courts, including the Supreme Court, accept as “race neutral.”

To evaluate the Court’s continuing faith in Batson, we conducted a survey of all federal published and unpublished judicial decisions issued in this first decade of the new millennium (2000–2009) that …

Explaining Grutter V. Bollinger, Neal Devins

Neal E. Devins

No abstract provided.

Group Versus Individuals, Neal Devins

Neal E. Devins

No abstract provided.

Gender Justice And Its Critics, Neal Devins

Neal E. Devins

No abstract provided.

The Ever-Shrinking Case For A Constitutional Right To Same-Sex Marriage, James G. Dwyer

James G. Dwyer

No abstract provided.

Affirmative Action After Reagan, Neal Devins

Neal E. Devins

No abstract provided.

Adarand Constructors, Inc. V. Pena And The Continuing Irrelevance Of Supreme Court Affirmative Action Decisions, Neal Devins

Neal E. Devins

No abstract provided.

The Struggle For School Desegregation In Cincinnati Before 1954, Davison M. Douglas

Davison M. Douglas

No abstract provided.

Justifying Racial Reform, Davison M. Douglas

Davison M. Douglas

No abstract provided.

Black Teachers And The Struggle For Racial Equality, Davison M. Douglas

Davison M. Douglas

No abstract provided.

Politics, Identity, And Class Certification On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang

Sean Farhang

This article draws on novel data and presents the results of the first empirical analysis of how potentially salient characteristics of Court of Appeals judges influence precedential lawmaking on class certification under Rule 23. We find that the partisan composition of the panel (measured by the party of the appointing president) has a very strong association with certification outcomes, with all-Democratic panels having more than double the certification rate of all-Republican panels in precedential cases. We also find that the presence of one African American on a panel, and the presence of two females (but not one), is associated with …

What Can Brown Do For You?: Addressing Mccleskey V. Kemp As A Flawed Standard For Measuring The Constitutionally Significant Risk Of Race Bias

Erwin Chemerinsky

This Essay asserts that in McCleskey v. Kemp, the Supreme Court created a problematic standard for the evidence of race bias necessary to uphold an equal protection claim under the Fourteenth Amendment of the U.S. Constitution. First, the Court’s opinion reinforced the cramped understanding that constitutional claims require evidence of not only disparate impact but also discriminatory purpose, producing significant negative consequences for the operation of the U.S. criminal justice system. Second, the Court rejected the Baldus study’s findings of statistically significant correlations between the races of the perpetrators and victims and the imposition of the death …

Comment On The Definition Of "Eligible Organization" For Purposes Of Coverage Of Certain Preventive Services Under The Affordable Care Act, Robert P. Bartlett, Richard M. Buxbaum, Stavros Gadinis, Justin Mccrary, Stephen Davidoff Solomon, Eric L. Talley

Richard M. Buxbaum

This comment letter was submitted by U.C. Berkeley corporate law professors in response to a request for comment by the Health and Human Services Department on the definition of "eligible organization" under the Affordable Care Act in light of the Supreme Court's decision in Burwell v. Hobby Lobby. "Eligible organizations" will be permitted under the Hobby Lobby decision to assert the religious principles of their shareholders to exempt themselves from the Affordable Care Act's contraceptive mandate for employees.

In Hobby Lobby, the Supreme Court held that the nexus of identity between several closely-held, for-profit corporations and their shareholders holding “a …

Comment On The Definition Of "Eligible Organization" For Purposes Of Coverage Of Certain Preventive Services Under The Affordable Care Act, Robert P. Bartlett, Richard M. Buxbaum, Stavros Gadinis, Justin Mccrary, Stephen Davidoff Solomon, Eric L. Talley

Robert Bartlett

This comment letter was submitted by U.C. Berkeley corporate law professors in response to a request for comment by the Health and Human Services Department on the definition of "eligible organization" under the Affordable Care Act in light of the Supreme Court's decision in Burwell v. Hobby Lobby. "Eligible organizations" will be permitted under the Hobby Lobby decision to assert the religious principles of their shareholders to exempt themselves from the Affordable Care Act's contraceptive mandate for employees.

In Hobby Lobby, the Supreme Court held that the nexus of identity between several closely-held, for-profit corporations and their shareholders holding “a …

Comparing Supreme Court Jurisprudence In Obergefell V. Hodges And Town Of Castle Rock V. Gonzales: A Watershed Moment For Due Process Liberty, Jill C. Engle

Jill Engle

“The nature of injustice is that we may not always see it in our own times. The generations that wrote and ratified the Bill of Rights and the Fourteenth Amendment did not presume to know the extent of freedom in all of its dimensions, and so they entrusted to future generations a charter protecting the right of all persons to enjoy liberty as we learn its meaning. When new insight reveals discord between the Constitution’s central protections and a received legal stricture, a claim to liberty must be addressed.” -- Obergefell v. Hodges, 135 S. Ct. 2584, …

Capturing The Judiciary: Carhart And The Undue Burden Standard, Khiara M. Bridges

Khiara M Bridges

In Planned Parenthood of Southeastern Pennsylvania v. Casey,' the Supreme Court replaced the trimester framework, first articulated nineteen years earlier in Roe v. Wade,2 with a new test for determining the constitutionality of abortion regulations-the "undue burden standard."3 The Court's 2007 decision in Gonzales v. Carhart 4 was its most recent occasion to use the undue burden standard, as the Court was called upon to ascertain the constitutionality of the Partial-Birth Abortion Ban Act, a federal statute proscribing certain methods of performing second- and third-trimester abortions.5 A majority of the Court held that the regulation was constitutionally permissible, finding that …