Law Commons^™

“Improve Your Privileges While They Stay”: A Guide To Improve The Privileges Of U.S. Citizenship For Everybody, Joshua J. Schroeder

Touro Law Review

In 1767, the young Phillis Wheatley wrote from her position of slavery in the Wheatley home of Boston to “ye sons of Science” at Harvard College, telling them to “improve your privileges while they stay.” She beheld the startling privileges of learning and discovery bestowed upon an elite group of young, rich white men in Boston and celebrated their privileges. Neither did she scorn those whose luck had placed a bounty of privilege upon their laps, for she likely planned to share in that bounty herself, one day. When she was only 13 or 14, Wheatley sublimely encouraged grown men …

Dobbs' Sex Equality Troubles, Marc Spindelman

William & Mary Bill of Rights Journal

This article takes up what Dobbs v. Jackson Women's Health Org. may mean for sex equality rights beyond the abortion setting. It details how Dobbs lays the foundation for rolling back and even eliminating Fourteenth Amendment sex equality protections. The work scales these possibilities against a different dimension of the ruling that’s yet to receive the attention that it merits. An important footnote in Dobbs, Footnote 22, sketches a new history-and-tradition-based approach to unenumerated rights under the Fourteenth Amendment’s Privileges or Immunities Clause. The jurisprudence that this Footnote capacitates could transform the constitutional landscape via new economic and social …

Constitutional Adjudication In The United States As A Means Of Advancing The Equal Stature Of Men And Women Under The Law, Ruth Bader Ginsburg

Hofstra Law Review

In this article, the author discusses dissenting opinion in which the Supreme Court held that, under the Constitution's equal protection principle, the Commonwealth of Virginia could not exclude from a public military college. It mentions commitment in the Declaration of Independence to equality and in the Declaration and Bill of Rights to individual liberty. It also mentions Civil War ended slavery, through the addition of the Equal Protection Clause to the Constitution.

Ute Indian Tribe Of The Uintah & Ouray Reservation V. U.S. Dep't Of Interior, Valan Anthos

Public Land & Resources Law Review

The Ute Indian Tribe of the Uintah & Ouray Reservation brought 16 claims against federal agencies and the State of Utah for alleged mismanagement of water resources held in trust and for alleged discrimination in water allocation. The United States District Court for the District of Columbia dismissed several of the claims as time-barred and others as lacking a proper statutory basis to create an enforceable trust duty. The remaining claims were transferred to the United States District Court of the District of Utah because the events occurred in Utah and most of the parties reside there.

Ballots In An Unfamiliar Language And Other Things That Make No Sense: Interpreting How The Voting Rights Act Undermines Constitutional Rights For Voters With Limited English Proficiency, Abigail Hylton

William & Mary Bill of Rights Journal

This Note will argue that the current federal scheme for determining the baseline resources that a state must provide to voters with limited English proficiency is unconstitutional. Specifically, the Voting Rights Act neglects to require adequate translation and interpretation services for many voters with limited English proficiency. Such failure to adequately support this group of citizens throughout the election process effectively excludes them from the democratic process and deprives them of their constitutional right to vote. Whether this group of voters has access to translated materials currently hinges on the language they speak, their nationality, and their geographic location; the …

Paternalism, Tolerance, And Acceptance: Modeling The Evolution Of Equal Protection In The Constitutional Canon, John Tehranian

William & Mary Law Review

This Article proposes a legal taxonomy through which we can model changes in interpretations and applications of antidiscrimination principles to best understand the evolution of equal protection doctrine. The goal for doing so is two-fold. First, through a careful exegesis of a wide range of equal protection cases from the past hundred and fifty years, the analysis provides a positive theory to chart how respect for minority rights can progress within a given doctrinal space. Second, the analysis provides an unabashedly normative assessment of how closely a given legal regime comes to accepting and celebrating the inherent dignitary interests of …

Promoting Gender Equity And Foreign Policy Goals Through Ratifying The Convention On The Elimination Of All Forms Of Discrimination Against Women, Raj Telwala

Journal of Race, Gender, and Ethnicity

No abstract provided.

Ruth Bader Ginsburg, Wise Legal Giant, Thomas A. Schweitzer

Touro Law Review

No abstract provided.

The Long-Term Gender And Race Issues In Long-Term Care, Brendan Williams

Lincoln Memorial University Law Review Archive

Women outlive men, and, as a consequence, comprise the majority of residents in both the home health and nursing home long-term care settings. Their caregivers are also overwhelmingly-women -- 92% of nursing assistants in nursing homes, for example. And those caregivers are largely non-white. Long-term care has long been regarded as "women's work," beginning with its slavery antecedents in the home setting. This article explores the connection between the devaluing of long-term care, which is largely state-funded through Medicaid, and the gender and race dynamics of long-term care.

Raising Indigenous Women’S Voices For Equal Rights And Self-Determination, Grazia Redolfi, Nikoletta Pikramenou, Rosario Grimà Algora

New England Journal of Public Policy

The United Nations Declaration on the Rights of Indigenous Peoples states that the right to self-determination for Indigenous peoples involves their having the right to freely determine their political status and freely pursue their economic, social, and cultural development. The implementation of this right is linked to the ability and freedom to participate in any decision making that relates to their development. Current laws and practices are considered “unfair to women,” because they sustain traditional and customary patriarchal attitudes that marginalize Indigenous women and exclude them from decision-making tables and leadership roles. Despite the many challenges Indigenous women face in …

The Transgender Military Ban: Preservation Of Discrimination Through Transformation, Michele Goodwin, Erwin Chemerinsky

Northwestern University Law Review

This Essay contends that the Trump Administration’s ban on transgender individuals serving in the military is based on prejudice and bias, lacking any legitimate justification. As such, the transgender military ban cannot be justified on legal grounds. Nor can it be justified based on health and safety. Engaging a robust empirical record, the authors show that the ban cannot be justified based on matters of efficiency, preparedness, or combat readiness—arguments used by the Trump Administration to justify the ban. Despite transgender individuals serving openly in the military in recent years, the Trump Administration has not been able to offer in …

Keeping “I Do” Between Two: A Post-Obergefell Analysis Of A Bigamous Marriage And Its Implications For Louisiana’S Matrimonial Regime, Mclaurine H. Zentner

Louisiana Law Review

The article focuses on the U.S. expansion of individual rights and liberties and the significant ambiguities surrounding the Supreme Court's interpretation of the Due Process and Equal Protection clauses of the Fourteenth Amendment and constitutional analysis of Louisiana's criminal bigamy statute.

Ebolamania And Equal Protection Of Health Care Workers Under Rational Basis With Bite Review, Jennifer Jolly-Ryan

West Virginia Law Review

No abstract provided.

Is There A Future For Critical Race Theory?, Adrien K. Wing

Journal of Legal Education

No abstract provided.

Divorce - Pendente Lite Awards - Counsel Fees - Costs - Alimony - Effect Of Equal Rights Amendment; Wiegand V. Wiegand, Joseph M. Donley

Akron Law Review

THE PENNSYLVANIA SUPERIOR COURT, in Wiegand v. Wiegand,struck out at one of the true bastions of sex discrimination incorporated into the Anglo-American legal system. The legislated discrimination of the Pennsylvania Divorce Law was the object of the court's scrutiny. Appellee Sara Wiegand had filed a complaint in divorce a mensa et thora, a petition for alimony, and an initial petition for alimony pendente lite, counsel fees, and expenses. On August 14, 1967, the Court of Common Pleas, Allegheny County, ordered appellant Myron Wiegand to pay $875 per month alimony pendente lite and $250 preliminary counsel fees. Subsequently, appellee filed additional …

The Soldier And The Imbecile: How Holmes's Manliness Fated Carrie Buck, John Kang

Akron Law Review

The Supreme Court case of Buck v. Bell, while never overturned, endures in infamy among those who know it. For in that case the Court had tacitly sanctioned what Adolph Hitler made unequivocally evil a few years after the Court’s adjudication: eugenics. However, the case was only partly about that. Indeed, I will argue in this essay that the Court’s opinion, written by Justice Oliver Wendell Holmes, turned perhaps more significantly on the trope of manliness as an organizing theme. In a sense Holmes was filtering the facts of Buck through his own ordeals and triumphs with manliness, particularly as …

Moving From Carolene To The Commerce Clause: A New Approach To Race For The New American Future, Nareissa L. Smith

West Virginia Law Review

No abstract provided.

The Ghosts Of White Supremacy: Trayvon Martin, Michael Brown, And The Spectors Of Black Criminality, Nick J. Sciullo

West Virginia Law Review

No abstract provided.

Between The Acts: Federal Court Abstention In The 1940s And ’50s, Ann Woolhandler

NYLS Law Review

No abstract provided.

Loving V. Virginia As A Civil Rights Decision, Dorothy E. Roberts

NYLS Law Review

No abstract provided.

An Awakening: How The Civil Rights Movement Helped Shape My Life, Frederick A.O. Schwarz, Jr.

NYLS Law Review

No abstract provided.

A State Of Action, Alan Gartner, Christopher Ferreira

NYLS Law Review

No abstract provided.

When Democracy Worked: Reflections On The Passage Of The Civil Rights Act Of 1964, John G. Stewart

NYLS Law Review

No abstract provided.

Remembering The Freedom Riders: An Interview With The Honorable Ernst H. Rosenberger, Ernst H. Rosenberger

NYLS Law Review

No abstract provided.

Religiosity In Constitutions And The Status Of Minority Rights, Brandy G. Robinson

Cultural Encounters, Conflicts, and Resolutions

Minority rights and religion have never been topics that are simultaneously considered. However, arguably, the two have relevance, especially when combined with the topic and theory of constitutionalism. Historically and traditionally, minorities have been granted certain rights and have been denied certain rights under various constitutions. These grants and denials relate to cultural differences and values, arguably relating to a culture’s understanding and interpretation of religion.

This article explores the relationship and status of minority rights as it relates to religiosity and constitutionalism. Essentially, there is a correlation between these topics and research shows where certain nations have used religion …

A Matter Of Compliance: How Do U.S. Multinational Corporations Deal With The Discrepancies In The Family And Medical Leave Act Of 1993 And The European Union Directive On Parental Leave; Is An International Standard Practical Or Appropriate In This Area Of Law?, Kathryn L. Morris

Georgia Journal of International & Comparative Law

No abstract provided.

The Conservative-Libertarian Turn In First Amendment Jurisprudence, Steven J. Heyman

West Virginia Law Review

No abstract provided.

The New Racial Justice: Moving Beyond The Equal Protection Clause To Achieve Equal Protection, Emily Chiang

Florida State University Law Review

Since handing down Washington v. Davis and Arlington Heights v. Metropolitan Housing Development, the United States Supreme Court has significantly curtailed the ability of plaintiffs to bring disparate impact claims under the Equal Protection Clause. Many academics continue to talk about the standards governing intent and disparate impact. Some recent scholarship recognizes that reformers on the ground have shifted away from equality-based claims altogether. This Article contends that civil rights advocates replaced the old equal protection framework some time ago and that they did so deliberately and with great success. It expands upon and refines the strategy shift some …

Have We Reached Grutter's "Logical End Point?" The Fight Over State Law Bans On Preferential Treatment Programs And The Future Of Affirmative Action In The United States, Peter M. Bean

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Romer V. Evans: Gay Americans Find Shelter After Stormy Legal Odyssey, Gary Alan Collis

Pepperdine Law Review

No abstract provided.