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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. …
Supreme Court Religious Freedom Case Should Give Us Pride, Alan E. Garfield
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
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
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
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
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
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
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
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
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
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
The Privilege Against Self-Incrimination In Bankruptcy And The Plight Of The Debtor, Timothy R. Tarvin
Timothy R Tarvin
Who Deserves The Right To Decide On Abortion?, Alan E. Garfield
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
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
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
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
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.