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Full-Text Articles in Law
Same-Sex Marriage, Indian Tribes, And The Constitution, Matthew L.M. Fletcher
Same-Sex Marriage, Indian Tribes, And The Constitution, Matthew L.M. Fletcher
Matthew L.M. Fletcher
A same-sex marriage amendment, depending on the text, might serve to incorporate Indian tribes into the federal union as the third sovereign. The Constitution has not been amended to incorporate Indian tribes into the federal union, rendering their place in Our Federalism uncertain and unpredictable. A same-sex marriage amendment that applies to limit or expand tribal authority to recognize or authorize same-sex marriage could constitute an implicit recognition of Indian tribes as the third sovereign in the American system of federalism. Even an amendment that excludes mention of Indian tribes may have something to say about Indian tribes as the …
Note: Johnson V. California: A Grayer Shade Of Brown, Brandon N. Robinson
Note: Johnson V. California: A Grayer Shade Of Brown, Brandon N. Robinson
Brandon N. Robinson
For decades, the famous school desegregation case of Brown v. Board of Education and its progeny have supported the notion that a State may not constitutionally require [racial] segregation of public facilities. Indeed, with regard to state-mandated racial segregation, the doctrine of separate but equal has long been considered dead and buried. In February 2005, however, the Supreme Court of the United States in Johnson v. California curiously reopened the segregation question by replacing the post-Brown ban on racial segregation with the strict scrutiny standard of review afforded to all other racial classifications, thereby muddying the once clear doctrinal waters. …
Between Charity, Welfare, And Warfare: A Disability Legal Studies Analysis Of Privilege And Neglect In Israeli Disability Policy, Sagit Mor
Sagit Mor
This article introduces a critical perspective, which I term Disability Legal Studies, a field of critical legal theory that employs disability critique, as developed by Disability Studies. I argue that contemporary writing on disability and the law tends to utilize disability critique in a mere instrumental fashion, mainly to support doctrinal analysis or reform proposals. What is needed, I suggest, is substantial research regarding the constitutive role of law in the production of disability. The article investigates the construction of disability in the field of social welfare, claiming that although welfare has indeed provided some relief to people with disabilities, …
Marital Status As Property: Toward A New Jurisprudence For Gay Rights, Goutam U. Jois
Marital Status As Property: Toward A New Jurisprudence For Gay Rights, Goutam U. Jois
Goutam U Jois
The issue of same-sex marriage has received much attention over the past few years, with significant focus on the role of the judiciary. For example, the first legal gay marriages in the country took place after a court decision in Massachusetts, and no state has sanctioned same-sex marriage through the legislative process. Proponents of same-sex marriages generally justify their creation on civil rights grounds, relying in particular on equal protection and due process arguments. However, the preservation of same-sex marriage can be defended on other grounds as well. I examine one such alternative theory, that of property rights. In this …
Civil Rights Injunctions Over Time: A Case Study Of Jail And Prison Court Orders, Margo Schlanger
Civil Rights Injunctions Over Time: A Case Study Of Jail And Prison Court Orders, Margo Schlanger
Margo Schlanger
No abstract provided.
Using Court Records For Research, Teaching, And Policymaking: The Civil Rights Litigation Clearinghouse, Margo Schlanger, Denise Lieberman
Using Court Records For Research, Teaching, And Policymaking: The Civil Rights Litigation Clearinghouse, Margo Schlanger, Denise Lieberman
Margo Schlanger
No abstract provided.
The Catholic Second Amendment, David B. Kopel
The Catholic Second Amendment, David B. Kopel
David B Kopel
At the beginning of the second millennium, there was no separation of church and state, and kings ruled the church. Tyrannicide was considered sinful. By the end of the thirteenth century, however, everything had changed. The Little Renaissance that began in the eleventh century led to a revolution in political and moral philosophy, so that using force to overthrow a tyrannical government became a positive moral duty. The intellectual revolution was an essential step in the evolution of Western political philosophy that eventually led to the American Revolution.
Sign Here, Please: The First Amendment Implications Of Requiring Loyalty Oaths For Admission To Political Events, John D. Castiglione
Sign Here, Please: The First Amendment Implications Of Requiring Loyalty Oaths For Admission To Political Events, John D. Castiglione
John D. Castiglione
The 2003-2004 presidential election cycle was the first to be significantly affected by a number of new forms of campaigning. Internet fundraising, blog journalism, and 527 organizations all burst onto the scene. Yet it was the most traditional method, the campaign rally, that gave rise to one of the most controversial events of the election season - requiring loyalty oaths for admission. This Note focuses on the constitutionality of requiring a loyalty oath for admission to an ostensibly privately-organized campaign event attended by a high-ranking public official like the President or Vice-President of the United States, or other major party …