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Equality Before The Law? Evaluating Criminal Case Outcomes In Canada, Michael Trebilcock, Albert Yoon
Equality Before The Law? Evaluating Criminal Case Outcomes In Canada, Michael Trebilcock, Albert Yoon
Osgoode Hall Law Journal
One of our most strongly held ideals is that individuals receive equal treatment under the law. Incidents of wrongful conviction or wide disparities in sentencing, however, challenge this premise. While legal scholars have recently examined this premise, our understanding remains largely normative or anecdotal. Scholars have begun to identify factors that influence legal outcomes, yet this question has remained largely unexplored in Canada. This article seeks to advance this inquiry. Using unique data from both the Ontario courts and Legal Aid Ontario during 2007–2013, we find that outcomes in routine criminal cases vary in ways not summarily explained by differences …
Substantive Equality As Equal Recognition: A New Theory Of Section 15 Of The Charter, Anthony Robert Sangiuliano
Substantive Equality As Equal Recognition: A New Theory Of Section 15 Of The Charter, Anthony Robert Sangiuliano
Osgoode Hall Law Journal
This article presents a novel theory of the concept of substantive equality under section 15(1) of the Canadian Charter of Rights and Freedoms called Substantive Equality as Equal Recognition. This contribution is timely in light of the Supreme Court of Canada’s recent disagreement over the proper jurisprudential approach to interpreting section 15(1) in the 2013 case of Quebec v A. Substantive Equality as Equal Recognition holds that the purpose of section 15(1) is to ensure that the law’s application does not reflect, through its impact or effects, hierarchies of status that exist between citizens within Canadian society. The article argues …
Pimps, Johns, And Juvenile Prostitutes: Is New York Doing Enough To Combat The Commercial Sexual Exploitation Of Children, Marihug Cedeno
Pimps, Johns, And Juvenile Prostitutes: Is New York Doing Enough To Combat The Commercial Sexual Exploitation Of Children, Marihug Cedeno
Cornell Journal of Law and Public Policy
No abstract provided.
Buck V. Bell: A Constitutional Tragedy From A Lost World, Victoria Nourse
Buck V. Bell: A Constitutional Tragedy From A Lost World, Victoria Nourse
Pepperdine Law Review
The article focuses on the U.S. Supreme Court case Buck v. Bell, which dealt with the forced sterilization of people deemed unfit, such as intellectually disabled or mentally retarded individuals. Topics include the enforceability of unconstitutional judicial decisions, eugenic sterilization, and the application of substantive due process.
A Reluctant Apology For Plessy: A Response To Akhil Amar, Barry P. Mcdonald
A Reluctant Apology For Plessy: A Response To Akhil Amar, Barry P. Mcdonald
Pepperdine Law Review
A response to the article "Plessy v. Ferguson and the Anti-Canon," by Akhil Amar, published in the November 2011 issue of the "Pepperdine Law Review," is presented. Topics include an examination of Justice Henry Billings Brown's decision in the case, the constitutionality of segregating U.S. citizens by race, and the impact of public opinion on U.S. Supreme Court decisions.
Plessy V. Ferguson And The Anti-Canon, Akhil Reed Amar
Plessy V. Ferguson And The Anti-Canon, Akhil Reed Amar
Pepperdine Law Review
The article focuses on the U.S. Supreme Court case Plessy v. Ferguson, which dealt with the constitutionality of racial segregation in the U.S. Topics include the application of precedent in controversial U.S. Supreme Court cases, when the U.S. Constitution can overrule a court decision, and dissenting judicial opinions.
The Tsunami Of Legal Uncertainty: What’S A Court To Do Post-Mcdonald, Stacey L. Sobel
The Tsunami Of Legal Uncertainty: What’S A Court To Do Post-Mcdonald, Stacey L. Sobel
Cornell Journal of Law and Public Policy
No abstract provided.
Nguyen V. Ins And The Application Of Intermediate Scrutiny To Gender Classifications: Theory, Practice, And Reality, Norman T. Deutsch
Nguyen V. Ins And The Application Of Intermediate Scrutiny To Gender Classifications: Theory, Practice, And Reality, Norman T. Deutsch
Pepperdine Law Review
The Supreme Court has articulated three theoretically different standards of review for determining whether government action has denied any person equal protection of the laws: rational basis, intermediate scrutiny, and strict scrutiny. One area of this tri-level jurisprudence that continues to be troublesome in practice is the application of intermediate scrutiny to gender classifications. Nguyen v. INS is significant because it is the first case in which all nine Justices unequivocally applied that standard in such a case. Nonetheless, the application of the standard remains problematic since the Court split five to four on its application to the facts. This …
Kant's Categorical Imperative: An Unspoken Factor In Constitutional Rights Balancing, Donald L. Beschle
Kant's Categorical Imperative: An Unspoken Factor In Constitutional Rights Balancing, Donald L. Beschle
Pepperdine Law Review
No abstract provided.
Reflections On Hines V. Davidowitz: The Future Of Obstacle Preemption, Kenneth W. Starr
Reflections On Hines V. Davidowitz: The Future Of Obstacle Preemption, Kenneth W. Starr
Pepperdine Law Review
No abstract provided.
Plessy's Ghost: Grutter, Seattle And The Quiet Reversal Of Brown, D. Marvin Jones
Plessy's Ghost: Grutter, Seattle And The Quiet Reversal Of Brown, D. Marvin Jones
Pepperdine Law Review
No abstract provided.
On Equal Footing: Does Accommodating Athletes With Disabilities Destroy The Competitive Playing Field Or Level It?, Sarah J. Wild
On Equal Footing: Does Accommodating Athletes With Disabilities Destroy The Competitive Playing Field Or Level It?, Sarah J. Wild
Pepperdine Law Review
No abstract provided.
The Theory And Application Of Equal Protection: Developments In The Right To Counsel, Eric Wolf
The Theory And Application Of Equal Protection: Developments In The Right To Counsel, Eric Wolf
Journal of Law and Practice
No abstract provided.
A Quest For Fair And Balanced: The Supreme Court, State Courts, And The Future Of Same-Sex Marriage Review After Perry, Chase D. Anderson
A Quest For Fair And Balanced: The Supreme Court, State Courts, And The Future Of Same-Sex Marriage Review After Perry, Chase D. Anderson
Duke Law Journal
Gay rights advocates and social conservatives alike have criticized the Supreme Court for its recent decisions concerning sexual orientation. An examination of those decisions reveals that, taken together, they represent a surprisingly careful balance. The result is a principle of neutrality in which the Court has effectively demanded that states refrain from taking either side in the culture war surrounding sexual orientation. The true test of that neutrality principle will arise when the Court considers the constitutionality of a same-sex marriage ban. Thus far, challenges have taken place in state courts under state constitutions; those judges appear to have been …
Mandatory Arrest For Misdemeanor Domestic Violence: Is Alaska’S Arrest Statute Constitutional?, Paul A. Clark
Mandatory Arrest For Misdemeanor Domestic Violence: Is Alaska’S Arrest Statute Constitutional?, Paul A. Clark
Alaska Law Review
No abstract provided.
The Rights Of Others: Legal Claims And Immigration Outside The Law, Hiroshi Motomura
The Rights Of Others: Legal Claims And Immigration Outside The Law, Hiroshi Motomura
Duke Law Journal
This Article analyzes the rights of unauthorized migrants and elucidates how these noncitizens are incompletely but importantly integrated into the U.S. legal system. I examine four topics: (1) state and local laws targeting unauthorized migrants, (2) workplace rights and remedies, (3) suppression of evidence from an unlawful search or seizure, and (4) the right to effective counsel in immigration court. These four inquiries show how unauthorized migrants though unable to assert individual rights as directly as U.S. citizens in the same circumstances can nevertheless assert rights indirectly and obliquely by making transsubstantive arguments that fall into five general patterns. The …
Title Vii, Voluntary Compliance And Ricci: Rescuing Municipalities From A Legal ‘Backdraft’, Jared D. Stueckle
Title Vii, Voluntary Compliance And Ricci: Rescuing Municipalities From A Legal ‘Backdraft’, Jared D. Stueckle
Duke Journal of Gender Law & Policy
No abstract provided.
Struck By Stereotype: Ruth Bader Ginsburg On Pregnancy Discrimination As Sex Discrimination, Neil S. Siegel, Reva B. Siegel
Struck By Stereotype: Ruth Bader Ginsburg On Pregnancy Discrimination As Sex Discrimination, Neil S. Siegel, Reva B. Siegel
Duke Law Journal
It was always recognition that one thing that conspicuously distinguishes women from men is that only women become pregnant; and if you subject a woman to disadvantageous treatment on the basis of her pregnant status, which was what was happening to Captain Struck, you would be denying her equal treatment under the law.(1)
A Postscript To Struck By Stereotype, Ruth Bader Ginsburg
A Postscript To Struck By Stereotype, Ruth Bader Ginsburg
Duke Law Journal
No abstract provided.
Glimmers Of Hope: The Evolution Of Equality Rights Doctrine In Japanese Courts From A Comparative Perspective, Craig Martin
Glimmers Of Hope: The Evolution Of Equality Rights Doctrine In Japanese Courts From A Comparative Perspective, Craig Martin
Duke Journal of Comparative & International Law
No abstract provided.
The Limits Of Advocacy, Amanda Frost
The Limits Of Advocacy, Amanda Frost
Duke Law Journal
Party control over case presentation is regularly cited as a defining characteristic of the American adversarial system. Accordingly, American judges are strongly discouraged from engaging in so-called "issue creation"-that is, raising legal claims and arguments that the parties have overlooked or ignored-on the ground that doing so is antithetical to an adversarial legal culture that values litigant autonomy and prohibits agenda setting by judges. And yet, despite the rhetoric, federal judges regularly inject new legal issues into ongoing cases. Landmark Supreme Court decisions such as Erie Railroad Co. v. Tompkins and Mapp v. Ohio were decided on grounds never raised …
Transgendered In Alaska: Navigating The Changing Legal Landscape For Change In Gender Petitions, Leslie Dubois-Need, Amber Kingery
Transgendered In Alaska: Navigating The Changing Legal Landscape For Change In Gender Petitions, Leslie Dubois-Need, Amber Kingery
Alaska Law Review
No abstract provided.
Sentenced By Tradition: The Third-Party Custodian Condition Of Pretrial Release In Alaska, Elizabeth Johnston
Sentenced By Tradition: The Third-Party Custodian Condition Of Pretrial Release In Alaska, Elizabeth Johnston
Alaska Law Review
No abstract provided.
Propensity Or Stereotype: A Misguided Evidence Experiment In Indian Country, Aviva Orenstein
Propensity Or Stereotype: A Misguided Evidence Experiment In Indian Country, Aviva Orenstein
Cornell Journal of Law and Public Policy
No abstract provided.
Kendra’S Law And The Rights Of The Mentally Ill: An Empirical Peek Behind The Courts’ Legal Analysis And A Suggested Template For The New York State Legislature’S Reconsideration For Renewal In 2010, Kathryn A. Worthington
Kendra’S Law And The Rights Of The Mentally Ill: An Empirical Peek Behind The Courts’ Legal Analysis And A Suggested Template For The New York State Legislature’S Reconsideration For Renewal In 2010, Kathryn A. Worthington
Cornell Journal of Law and Public Policy
No abstract provided.
Does Gender Specificity In Constitutions Matter?, Laura E. Lucas
Does Gender Specificity In Constitutions Matter?, Laura E. Lucas
Duke Journal of Comparative & International Law
No abstract provided.
The Disparate Treatment Of Race And Class In Constitutional Jurisprudence, Mario L. Barnes, Erwin Chemerinsky
The Disparate Treatment Of Race And Class In Constitutional Jurisprudence, Mario L. Barnes, Erwin Chemerinsky
Law and Contemporary Problems
No abstract provided.
Abortion Post-Glucksberg And Post-Gonzales: Applying An Analysis That Demands Equality For Women Under The Law, Mary Kathryn Nagle
Abortion Post-Glucksberg And Post-Gonzales: Applying An Analysis That Demands Equality For Women Under The Law, Mary Kathryn Nagle
Duke Journal of Gender Law & Policy
Because the government has historically enacted laws criminalizing abortion to preserve traditional stereotypes regarding a woman's domestic and subordinate position in society,22 abortion regulations necessitate an Equal Protection Clause analysis. [...] this article will examine first how Gonzales and Glucksberg forecast Roe's now inevitable demise, and accordingly, why abortion regulations must now be evaluated under an Equal Protection Clause analysis- in place of the crumbling Due Process Clause framework.23 Finally, this article will explain how and why the Partial Birth Abortion Act of 2003 violates the Equal Protection Clause of the Fourteenth Amendment.
What’S The Constitution Got To Do With It? Regulating Marriage In Pakistan, Karin Carmit Yefet
What’S The Constitution Got To Do With It? Regulating Marriage In Pakistan, Karin Carmit Yefet
Duke Journal of Gender Law & Policy
[...] the supreme law of the land seems to embody a blatant contradiction. The Pakistani Constitution extends protection to an impressive catalog of fundamental rights, placing Pakistan in line with some of the most western-minded constitutional regimes in the world.3 At the same time, in contrast to the American-style constitutional commitment to separate church and state,4 the Pakistani regime is constitutionally committed to integrate the two, in the sense that all laws must conform to the injunctions of Islam as a condition of their constitutional validity.5 So the same Constitution that protects western fundamental rights also elevates Islamic law, a …
Restoring Rluipas Equal Terms Provision, Sarah Keeton Campbell
Restoring Rluipas Equal Terms Provision, Sarah Keeton Campbell
Duke Law Journal
The Religious Land Use and Institutionalized Persons Act's (RLUIPA) equal terms provision prohibits government from implementing a land-use regulation in a manner that treats religious assemblies and institutions less favorably than secular assemblies and institutions. Lower courts have only begun to interpret and apply RLUIPA's equal terms provision, but already they have significantly weakened its protections of religious liberty by giving the provision unnecessarily restrictive interpretations. Not surprisingly, in light of the Supreme Court's invalidation of the Religious Freedom Restoration Act of 1993 (RFRA), the lower courts' restrictive readings seen? driven by concerns that a broader interpretation would exceed Congress's …