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Dangerous Exhibitions: Erotic Justice And Comparative Constitutional Law, Elena Cohen
Dangerous Exhibitions: Erotic Justice And Comparative Constitutional Law, Elena Cohen
Dissertations, Theses, and Capstone Projects
The beginning of the 21st century is widely seen as a time of great progress for LGBTQ people. Gay marriage, gay sex, adoption by same sex couples, and gay people serving in militaries have all been legalized in many countries in the past two decades, often through the decisions of constitutional courts. However, these constitutional protections of sexuality have been found in limited contexts and applied to a limited class of people, such that many are still vulnerable to repression by governments and majoritarian politics. In order to resist this sexual oppression, I widen the focus from gay and …
Consistent Passion, Little Fanfare: Rbg, Elizabeth Toohey
Consistent Passion, Little Fanfare: Rbg, Elizabeth Toohey
Publications and Research
Review of the 2018 documentary RBG
Passions & Prejudice : The Constitution And Same-Sex Marriage, James Meyers
Passions & Prejudice : The Constitution And Same-Sex Marriage, James Meyers
Student Theses and Dissertations
No abstract provided.
Appellate Review Of Social Facts In Constitutional Rights Cases, Caitlin E. Borgmann
Appellate Review Of Social Facts In Constitutional Rights Cases, Caitlin E. Borgmann
Publications and Research
There is great confusion among scholars and courts about whether and when appellate courts may, or must, defer to trial courts' findings of social fact in constitutional rights cases. The Supreme Court has never directly decided the question and indeed has addressed it only once, in passing. A common assumption, promoted by scholars and adopted as binding by some circuits, is that the deferential, "clearly erroneous" standard of Federal Rule of Civil Procedure 52(a)(6) does not apply to social facts. This Article challenges that assumption. There is nothing in the text of the rule that supports this conclusion. Moreover, except …