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Full-Text Articles in Law
Queer Sacrifice In Masterpiece Cakeshop, Jeremiah A. Ho
Queer Sacrifice In Masterpiece Cakeshop, Jeremiah A. Ho
Faculty Publications
This Article interprets the Supreme Court’s 2018 decision, Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission , as a critical extension of Derrick Bell’s interest convergence thesis into the LGBTQ movement. Chiefly, Masterpiece reveals how the Court has been more willing to accommodate gay individuals who appear more assimilated and respectable—such as those who participated in the marriage equality decisions—than LGBTQ individuals who are less “mainstream” and whose exhibited queerness appear threatening to the heteronormative status quo. When assimilated same-sex couples sought marriage in Obergefell v. Hodges, their respectable personas facilitated the alignment between their interests to marry and …
Find Out What It Means To Me: The Politics Of Respect And Dignity In Sexual Orientation Anti-Discrimination, Jeremiah A. Ho
Find Out What It Means To Me: The Politics Of Respect And Dignity In Sexual Orientation Anti-Discrimination, Jeremiah A. Ho
Faculty Publications
This accompanying article considers the state of LGBTQ equality after the Supreme Court’s decision in Obergefell v. Hodges in 2015. Specifically, by examining this upsurge of social visibility for same-sex couples as both acceptance of sexual minorities and cultural assimilation, the article finds that the marriage cases at the Supreme Court — Obergefell and U.S. v. Windsor — shifted the framing of gay rights from the politics of respect that appeared more than a decade ago in Lawrence v. Texas toward a politics of respectability. The article traces this regression in Justice Kennedy’s own definition of dignity from Lawrence, where …
The Common School Before And After Brown: Democracy, Equality, And The Productivity Agenda, Rosemary C. Salomone
The Common School Before And After Brown: Democracy, Equality, And The Productivity Agenda, Rosemary C. Salomone
Faculty Publications
(Excerpt)
In recent years, economic forces of global magnitude have placed the substance and value of education in the national spotlight. With jobs for college graduates in short supply, political pundits and news commentators have placed different estimates on the worth of a college degree and the continued utility of the liberal arts. Economists tie specific educational factors to future income. A high school diploma, we are told, can translate into an additional $300,000 in lifetime salary. A highly effective kindergarten teacher likewise carries a value-added benefit of $320,000, the additional income that a classroom of today’s students may earn …
Reproductive Rights As Health Care Rights, B. Jessie Hill
Reproductive Rights As Health Care Rights, B. Jessie Hill
Faculty Publications
U.S. legal scholarship concerning reproductive rights has largely revolved around the poles of decisional autonomy, privacy, and equality, with a concomitant a tendency to de-emphasize the medical aspect of abortion rights. The medical approach has been particularly disfavored by feminist scholars, largely due to concerns about undermining the equality rationale for reproductive rights and placing too much power in the hands of physicians. In addition, American constitutional law has tended to treat reproductive-rights cases differently from other cases raising challenges to government restrictions on individuals’ rights to access certain forms of medical treatment, granting heightened judicial scrutiny to the former …
Book Review Of Against Equality Of Opportunity, Michael Ashley Stein
Book Review Of Against Equality Of Opportunity, Michael Ashley Stein
Faculty Publications
No abstract provided.
The Relationship Between Equality And Access In Law School Admissions, Angela M. Banks
The Relationship Between Equality And Access In Law School Admissions, Angela M. Banks
Faculty Publications
No abstract provided.