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Articles 1 - 5 of 5
Full-Text Articles in Law
The Constitutional Right To (Keep Your) Same-Sex Marriage, Steve Sanders
The Constitutional Right To (Keep Your) Same-Sex Marriage, Steve Sanders
Articles by Maurer Faculty
Same-sex marriage is legal in six states, and nearly 50,000 same-sex couples have already married. Yet 43 states have adopted statutes or constitutional amendments banning same-sex marriage (typically called mini defense of marriage acts, or “mini-DOMAs”), and the vast majority of these measures not only forbid the creation of same-sex marriages, they also purport to void or deny recognition to the perfectly valid same-sex marriages of couples who migrate from states where such marriages are legal. These non-recognition laws effectively transform the marital parties into complete legal strangers to each other, with none of the customary rights or incidents of …
Changing The Marriage Equation, Deborah A. Widiss
Changing The Marriage Equation, Deborah A. Widiss
Articles by Maurer Faculty
This Article brings together legal, historical, and social science research to analyze how couples allocate income-producing and domestic responsibilities. It develops a framework—what I call the “marriage equation”—that shows how sex-based classifications, (non-sex-specific) substantive marriage law, and gender norms interrelate to shape these choices. The marriage equation has changed over time, both reflecting and engendering societal preferences regarding the optimal allocation of breadwinning and caretaking responsibilities.
Until fifty years ago, sex-based classifications in family and employment law aligned with gender norms to enforce an ideology of separate spheres for men and women. The groundbreaking sex discrimination cases of the 1970s …
Redefining The Black Face Of Affirmative Action: The Impact On Ascendant Black Women, Kevin D. Brown, Renee E. Turner
Redefining The Black Face Of Affirmative Action: The Impact On Ascendant Black Women, Kevin D. Brown, Renee E. Turner
Articles by Maurer Faculty
The racial and ethnic ancestries of blacks benefiting from affirmative action is changing, as foreign-born blacks and blacks with a non-black parent constitute disproportionately large percentages of blacks attending many selective higher education institutions. Coupled with the challenges arising from the educational achievement levels of black males during the past two decades, Brown and Turner examine the implication of these developments and the likelihood that they are creating further disadvantages for black women lawyers.
Is This The Beginning Of The End Of The Second Reconstruction?, Luis Fuentes-Rohwer
Is This The Beginning Of The End Of The Second Reconstruction?, Luis Fuentes-Rohwer
Articles by Maurer Faculty
This article discusses the history, present, and possible future of the Voting Rights Act.
Undermining Congressional Overrides: The Hydra Problem In Statutory Interpretation, Deborah Widiss
Undermining Congressional Overrides: The Hydra Problem In Statutory Interpretation, Deborah Widiss
Articles by Maurer Faculty
Statutory overrides — that is, amendments to supersede a judicial interpretation of a statute — are the primary mechanism by which Congress signals disagreement with court interpretations; they are essential to protect the separation of powers and the promise of legislative supremacy. But in Gross v. FBL Financial Services, the Supreme Court held that Congress’s override of a judicial interpretation of Title VII did not control the interpretation of identical language in the Age Discrimination in Employment Act, and further that Congress’s “neglecting” to amend the ADEA when it amended Title VII was a clear signal that Congress intended the …