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Articles 1 - 4 of 4

Full-Text Articles in Law

Marriage Equality Comes To Virginia, Carl Tobias May 2015

Marriage Equality Comes To Virginia, Carl Tobias

University of Richmond Law Review

No abstract provided.


Bias In Disguise: The Constitutional Problems Of Arkansas’S Intrastate Commerce Improvement Act, John M. A. Dipippa Apr 2015

Bias In Disguise: The Constitutional Problems Of Arkansas’S Intrastate Commerce Improvement Act, John M. A. Dipippa

University of Arkansas at Little Rock Law Review

No abstract provided.


At Long Last Marriage, Jack B. Harrison Jan 2015

At Long Last Marriage, Jack B. Harrison

American University Journal of Gender, Social Policy & the Law

Over time, the Supreme Court has made clear its belief that marriage is one of the most significant and fundamental rights provided protection under the Constitution. In his opinion in Griswold v. Connecticut, Justice Douglas characterized marriage as a “coming together for better or for worse, hopefully enduring, and intimate to the [point] of being sacred[,]” describing it as “an association that promotes a way of life . . . a harmony in living . . . [and] a bilateral loyalty.” The Court in Griswold clearly found that marriage was deserving of protection not solely because it was the locus …


Revoking Rights, Craig J. Konnoth Jan 2015

Revoking Rights, Craig J. Konnoth

Publications

In important areas of law, such as the vested rights doctrine, and in several important cases--including those involving the continued validity of same-sex marriages and the Affordable Care Act--courts have scrutinized the revocation of rights once granted more closely than the failure to provide the rights in the first place. This project claims that in so doing, courts seek to preserve important constitutional interests. On the one hand, based on our understanding of rights possession, rights revocation implicates autonomy interests of the rights holder to a greater degree than a failure to afford rights at the outset. On the other …