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Diversity: The Red Herring Of Equal Protection, Sharon E. Rush Oct 2014

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. …


Supreme Court Religious Freedom Case Should Give Us Pride, Alan E. Garfield Oct 2014

Supreme Court Religious Freedom Case Should Give Us Pride, Alan E. Garfield

Alan E Garfield

No abstract provided.


Constitution And Pollution: Federalism At Work, David R. Hodas Sep 2014

Constitution And Pollution: Federalism At Work, David R. Hodas

David R. Hodas

No abstract provided.


Are ‘We The People’ Meeting Our Responsibilities?, Alan E. Garfield Sep 2014

Are ‘We The People’ Meeting Our Responsibilities?, Alan E. Garfield

Alan E Garfield

No abstract provided.


The Founders’ Origination Clause (And Implications For The Affordable Care Act), Prof. Robert G. Natelson Aug 2014

The Founders’ Origination Clause (And Implications For The Affordable Care Act), Prof. Robert G. Natelson

Robert G. Natelson

This Article is the first comprehensive examination of the original legal force of the Constitution’s Origination Clause, drawing not merely on the records of the 1787-90 constitutional debates, but on founding-era British and American legislative practice and other sources. This Article defines the bills governed by the Origination Clause, the precise meaning of the House origination requirement, and the extent of the Senate’s amendment power. For illustrative purposes, the Article tests against its findings the currently-litigated claim that the financial penalty for failure to acquire individual health insurance under the Patient Protection and Affordable Care Act is invalid as a …


Is Contraception Mandate ‘No Big Deal?’, Alan E. Garfield Jun 2014

Is Contraception Mandate ‘No Big Deal?’, Alan E. Garfield

Alan E Garfield

No abstract provided.


Justice Lewis F. Powell's Baffling Vote In Roe V. Wade, Samuel W. Calhoun May 2014

Justice Lewis F. Powell's Baffling Vote In Roe V. Wade, Samuel W. Calhoun

Samuel W. Calhoun

No abstract provided.


Why Strive For Balance In A Roe Symposium?, Samuel W. Calhoun May 2014

Why Strive For Balance In A Roe Symposium?, Samuel W. Calhoun

Samuel W. Calhoun

No abstract provided.


Here’S Some Malarkey: Judges Are Umpires, Alan E. Garfield May 2014

Here’S Some Malarkey: Judges Are Umpires, Alan E. Garfield

Alan E Garfield

No abstract provided.


Neurotechnologies At The Intersection Of Criminal Procedure And Constitutional Law, Amanda C. Pustilnik Apr 2014

Neurotechnologies At The Intersection Of Criminal Procedure And Constitutional Law, Amanda C. Pustilnik

Amanda C Pustilnik

The rapid development of neurotechnologies poses novel constitutional issues for criminal law and criminal procedure. These technologies can identify directly from brain waves whether a person is familiar with a stimulus like a face or a weapon, can model blood flow in the brain to indicate whether a person is lying, and can even interfere with brain processes themselves via high-powered magnets to cause a person to be less likely to lie to an investigator. These technologies implicate the constitutional privilege against compelled, self-incriminating speech under the Fifth Amendment and the right to be free of unreasonable search and seizure …


Making The Case For Contraception Over Religious Views, Alan E. Garfield Mar 2014

Making The Case For Contraception Over Religious Views, Alan E. Garfield

Alan E Garfield

No abstract provided.


The Privilege Against Self-Incrimination In Bankruptcy And The Plight Of The Debtor, Timothy R. Tarvin Feb 2014

The Privilege Against Self-Incrimination In Bankruptcy And The Plight Of The Debtor, Timothy R. Tarvin

Timothy R Tarvin

An innocent debtor, who is either ignorant of her constitutional right to the privilege against self-incrimination or ineffectual in asserting it, may find herself wrongfully convicted and imprisoned in a criminal matter, due to unwitting complicity in the delivery of testimony or documents in her bankruptcy case. This lack of understanding poses a serious risk to debtors, and especially affects the increasing number of pro se debtors in bankruptcy.
The privilege extends to debtors in bankruptcy proceedings. However, a debtor who fails to properly invoke the privilege waives her rights. This possibility is made more probable because there is no …


Who Deserves The Right To Decide On Abortion?, Alan E. Garfield Feb 2014

Who Deserves The Right To Decide On Abortion?, Alan E. Garfield

Alan E Garfield

No abstract provided.


Court Considers Space Restrictions On First Amendment, Alan E. Garfield Jan 2014

Court Considers Space Restrictions On First Amendment, Alan E. Garfield

Alan E Garfield

No abstract provided.


Anti-Anti-Evasion In Constitutional Law, Michael B. Kent Jr., Brandon P. Denning Dec 2013

Anti-Anti-Evasion In Constitutional Law, Michael B. Kent Jr., Brandon P. Denning

Michael B. Kent Jr.

No abstract provided.


The H. Albert Young Distinguished Lecture In Constitutional Law, Constitutional Comparisons: Emerging Dignity Rights At Home And Abroad, Erin Daly Dec 2013

The H. Albert Young Distinguished Lecture In Constitutional Law, Constitutional Comparisons: Emerging Dignity Rights At Home And Abroad, Erin Daly

Erin Daly

No abstract provided.


El Ámbito De Aplicación De La Ley (Cap. 5) / Comentarios A La Da 1ª, A La Df 1ª Y A La Df 2ª (Cap. 24), Germán M. Teruel Lozano Dec 2013

El Ámbito De Aplicación De La Ley (Cap. 5) / Comentarios A La Da 1ª, A La Df 1ª Y A La Df 2ª (Cap. 24), Germán M. Teruel Lozano

Germán M. Teruel Lozano

No abstract provided.