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Whither Sexual Orientation Analysis?: The Proper Methodology When Due Process And Equal Protection Intersect, Sharon E. Rush
Whither Sexual Orientation Analysis?: The Proper Methodology When Due Process And Equal Protection Intersect, Sharon E. Rush
Sharon E. Rush
This Article suggests that there is Proper Methodology that courts apply when reviewing cases at the intersection of due process and equal protection. Briefly, courts operate under a rule that heightened review applies if either a fundamental right or a suspect class is involved in a case, and that rational basis review applies if neither is involved (the "Rule"). Two primary exceptions to the Rule exist, and this Article identifies them as the "Logical" and "Ill Motives" Exceptions. The Logical Exception applies when a court need not apply heightened review because a law fails rational basis review. The Ill Motives …
Stone, Seidman, Sunstein & Tushnet's Constitutional Law: An Inclusive, Scholarly, And Comprehensive Constitutional Law Casebook, Sharon E. Rush
Stone, Seidman, Sunstein & Tushnet's Constitutional Law: An Inclusive, Scholarly, And Comprehensive Constitutional Law Casebook, Sharon E. Rush
Sharon E. Rush
In reviewing Stone, Seidman, Sunstein, & Tushnet's <em>Constitutional Law</em>, the author focuses on the casebook’s exploration of race to illustrate why she uses the book, and why she finds it valuable. The outstanding qualities of the book, however, are not limited to race. It provides excellent material on just about every possible area of discrimination law, as well as on the basics of separation of powers, federalism, and First Amendment issues. Inevitably, any textbook will be of limited use to a professor who has had time to reflect on the area of the law and who has perhaps written in …
Diversity: The Red Herring Of Equal Protection, Sharon E. Rush
Diversity: The Red Herring Of Equal Protection, Sharon E. Rush
Sharon E. Rush
Couching the constitutional inquiry in cases like Bakke and VMI in the context of integration also puts in perspective the diversity justification. Affirmative action policies are constitutional because they integrate state programs. Integration on the basis of race and sex also diversifies state programs. In contrast, attempts to justify sex-segregation in state programs by arguing the policy promotes diversity is irrelevant to an equal protection analysis. Voluntarily created all-female schools should be constitutional because they promote the equal citizenship of women without damaging the equal citizenship stature of men. This is true for voluntarily race-segregated programs for minorities; as well. …