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Articles 1 - 30 of 45
Full-Text Articles in Law
Marital Status And Privilege, Laura Rosenbury
Marital Status And Privilege, Laura Rosenbury
Laura A. Rosenbury
This essay challenges the privilege attaching to marriage as a distinct form of relationship. Responding to Angela Onwuachi-Willig’s new book, According to Our Hearts: Rhinelander v. Rhinelander and the Law of the Multiracial Family, the essay identifies the legal and extralegal privileges flowing not just to monoracial marriage but to marriage. States recognize and support one form of relationship between adults to the exclusion of all others, creating privilege that flows outside of the home into the workplace and beyond. Instead of arguing that such privilege should be distributed more equally between monoracial and multiracial couples, this essay seeks to …
Catholic Parents Object To Hhs Mandate For Their Daughters, Open New Legal Front, Gerard Bradley
Catholic Parents Object To Hhs Mandate For Their Daughters, Open New Legal Front, Gerard Bradley
Gerard V. Bradley
Gerard Bradley, a law professor at the University of Notre Dame, believes the case is unlikely to win on the merits because the court will not view the enrollment and premiums for the Wielands’ new health plan as a substantial burden on the parents’ religious freedom.
The Respectable Dignity Of Obergefell V. Hodges, Yuvraj Joshi
The Respectable Dignity Of Obergefell V. Hodges, Yuvraj Joshi
Yuvraj Joshi
In declaring state laws that restrict same-sex marriage unconstitutional, Justice Kennedy invoked “dignity” nine times—to no one’s surprise. References in Obergefell to “dignity” are in important respects the culmination of Justice Kennedy’s elevation of the concept, dating back to the Supreme Court’s 1992 decision in Planned Parenthood v. Casey. In Casey, “dignity” expressed respect for a woman’s freedom to make choices about her pregnancy. Casey laid the foundation for Lawrence v. Texas, which similarly respected the freedom of choice of homosexual persons. Yet, starting in United States v. Windsor and continuing in Obergefell, the narrative began to change. Dignity veered …
The New Battleground For Same-Sex Couples Is Equal Rights For Their Kids, Tanya Washington
The New Battleground For Same-Sex Couples Is Equal Rights For Their Kids, Tanya Washington
Tanya Monique Washington
No abstract provided.
Are Same-Sex Marriage Statutes The New Anti-Gay Initiatives?, Barbara Cox
Are Same-Sex Marriage Statutes The New Anti-Gay Initiatives?, Barbara Cox
Barbara Cox
No abstract provided.
Confessions Of A Commentator: Recognizing One’S Own Exclusion Of Race And Ethnicity From Sexual Orientation Scholarship, Barbara Cox
Barbara Cox
In this piece, introducing the January 1998, panel on "Race and Sexual Orientation in Legal Scholarship" at the American Association of Law Schools conference, Professor Cox reflects on her own scholarship, concluding that "[w]e need to change the whiteness of gay and lesbian scholarship...to eliminate a notion that, when we talk of issues concerning gay and lesbian liberation, we are only talking about liberating white people from the heterosexism of our society."
"Coming Out": The Practical Battles From Being Visible As A Lesbian, Barbara Cox
"Coming Out": The Practical Battles From Being Visible As A Lesbian, Barbara Cox
Barbara Cox
No abstract provided.
But Why Not Marriage: Some Thoughts On Vermont’S Civil Unions Law, Same-Sex Marriage, And Separate But (Un)Equal, Barbara Cox
But Why Not Marriage: Some Thoughts On Vermont’S Civil Unions Law, Same-Sex Marriage, And Separate But (Un)Equal, Barbara Cox
Barbara Cox
This article is divided into three sections. Section one considers the positive results from the civil unions law. It recognizes that this legislation represents an important step along the path toward full recognition of same-sex couples by extending significant rights, benefits, and responsibilities beyond opposite-sex marriage." With these benefits, however, come several problems. Section two places the civil unions law along side other examples of "separate but equal" restrictions in the race and sex contexts and considers it within the sexual orientation context. This section explains how government-sponsored segregation has always caused damage to both groups that are taught they …
Same-Sex Marriage And The Public Policy Exception In Choice-Of-Law: Does It Really Exist?, Barbara Cox
Same-Sex Marriage And The Public Policy Exception In Choice-Of-Law: Does It Really Exist?, Barbara Cox
Barbara Cox
No abstract provided.
A (Personal) Essay On Same-Sex Marriage, Barbara Cox
A (Personal) Essay On Same-Sex Marriage, Barbara Cox
Barbara Cox
In this article Barbara Cox examines the institution of marriage in the gay and lesbian community from a personal perspective. Prof. Cox reviews recent articles in the gay and lesbian literature arguing both for and against marriage as a political goal for homosexuals. She then relates experiences arising out of her marriage to her partner, Peg. The author advocates same- sex unions as a way to radically restructure the institution of marriage while challenging heterosexual assumptions about gay and lesbian love.
Using An “Incidents Of Marriage” Analysis When Considering Interstate Recognition Of Same-Sex Couples’ Marriages, Civil Unions, And Domestic Partnerships, Barbara Cox
Barbara Cox
Despite discussions for over ten years, we still do not have any decisions on interstate or international recognition of marriages by same-sex couples. We do have, however, six cases in the United States on the interstate recognition and validation of Vermont civil unions. In these six cases, same-sex couples from six different states who had entered into Vermont civil unions came to their courts seeking resolution of legal issues that arose in their relationships. The rest of this article now turns to these six decisions and considers how each court dealt with the same-sex couple seeking legal assistance with the …
Amicus Curiae Brief To The Supreme Court Of Wisconsin In Holtzmann V. Knott On Behalf Of The National Center For Lesbian Rights, Barbara Cox
Barbara Cox
This brief, with an introduction by Prof. Barbara Cox, was written by her and filed with the Wisconsin Supreme Court on behalf of the National Center for Lesbian Rights. That case involved a custody and visitation claim filed by a non-biological parent of H.S.H-K, who had participated in the decision to have and raise the child with the child's biological parent. The court granted the petition and in doing so, became the first state supreme court to recognize the visitation rights of a non-biological lesbian parent.
Love Makes A Family--Nothing More, Nothing Less: How The Judicial System Has Refused To Protect Nonlegal Parents In Alternative Families, Barbara Cox
Barbara Cox
Part I of this article discusses the legal system's recognition of parental rights and enumerates the possible constitutional, statutory, and equitable theories available for protecting the parental rights of nonlegal parents. Part II considers the cases that have rejected the attempts by members of alternative families to use these theories to obtain this protection. Part III discusses the barriers to political power that will make it extremely difficult and time-consuming to achieve legislative change in these areas, and argues that the courts should use the means available to them currently to protect these nonlegal parents and their children while the …
All Americans Not Equal: Mistrust And Discrimination Against Naturalized Citizens In The U.S., Alev Dudek
All Americans Not Equal: Mistrust And Discrimination Against Naturalized Citizens In The U.S., Alev Dudek
Alev Dudek
The Constitutional Rhetoric Of White Innocence
The Constitutional Rhetoric Of White Innocence
Cecil J. Hunt II
This article discusses the Supreme Court’s use of the rhetoric of white innocence in deciding racially inflected claims of constitutional shelter. It argues that the Court’s use of this rhetoric reveals that it has adopted a distinctly white-centered-perspective which reveals only a one-sided view of racial reality and thus distorts its ability to accurately appreciate the true nature of racial reality in contemporary America. This article examines the Court’s habit of consistently choosing a white-centered-perspective in constitutional race cases by looking at the Court’s use of the rhetoric of white innocence first in the context of the Court’s concern with …
Reimagining Democratic Inclusion: Asian Americans And The Voting Rights Act, Ming Chen, Taeku Lee
Reimagining Democratic Inclusion: Asian Americans And The Voting Rights Act, Ming Chen, Taeku Lee
Taeku Lee
No abstract provided.
Boy Scouts & Burning Crosses: Bringing Balance To The Court’S Lopsided Approach To The Intersection Of Equality And Speech
Russell K Robinson
This article identifies a previously-ignored pattern of Supreme Court decisions that privilege one competing constitutional value, either speech or equality, and subordinate the other—with little or no reasoning explaining its choice. In adjudicating such cases, including two cases decided last term, the Supreme Court has steadfastly treated these disputes as either a basic equality case or a simple speech case. This dichotomy is a problem because once the Court places a case within either a speech or equality paradigm, it is constrained by certain rigid analytical presumptions. These presumptions threaten to stunt the analysis and to deprive the Court of …
Black Childhood And Philosophy | Panel Discussion, Sarah Forman, Odeana Neal, Spearit, Phyllis Taite, Tsedey Tedla, Cedric Powell, Anthony Farley
Black Childhood And Philosophy | Panel Discussion, Sarah Forman, Odeana Neal, Spearit, Phyllis Taite, Tsedey Tedla, Cedric Powell, Anthony Farley
SpearIt It
On November 21, 2014, the University of Kentucky College of Law hosted the James and Mary Lassiter Distinguished Visiting Professor Conference. Anthony Paul Farley, the 2014 Lassiter Distinguished Visiting Professor, led a group of prominent speakers through the day's events. The Lassiter Distinguished Visiting Professor conference focused on the four freedoms and race. Black childhood is in danger. What is freedom of speech without the right to an education? What is freedom of worship amidst nihilistic erasures of black childhood? What is freedom from want when most of black childhood is lived below the poverty line? What is freedom from …
On Brown V. Board Of Education's 50th Anniversary: To Integrate Or Separate Is Not The Question
On Brown V. Board Of Education's 50th Anniversary: To Integrate Or Separate Is Not The Question
Thomas Kleven
By ending official apartheid, Brown represented a great victory in the struggle for racial justice in the United States. Following more than a decade of inaction as a result of its “all deliberate speed” formulation, and in response to the then prevailing sentiment among the proponents of Brown, the Supreme Court began to push for the integration of school districts that engaged in segregation by law or practice. This integrationist push lasted from the late 1960s to the late 1970s. Beginning in the mid-1970s the Court began to limit the remedies for segregation by law or practice, and beginning in …
Marriage Equality Decision Was Not Just An Intellectual Exercise, Kent Greenfield
Marriage Equality Decision Was Not Just An Intellectual Exercise, Kent Greenfield
Kent Greenfield
No abstract provided.
Deferred Action, Supervised Enforcement Discretion, And The Rule Of Law Basis For Executive Action On Immigration, Anil Kalhan
Deferred Action, Supervised Enforcement Discretion, And The Rule Of Law Basis For Executive Action On Immigration, Anil Kalhan
Anil Kalhan
In November 2014, the Obama administration announced the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) initiative, which built upon a program instituted two years earlier, the Deferred Action for Childhood Arrivals (DACA) initiative. As mechanisms to channel the government’s scarce resources toward its enforcement priorities more efficiently and effectively, both DACA and DAPA permit certain individuals falling outside those priorities to seek “deferred action,” which provides its recipients with time-limited, nonbinding, and revocable notification that officials have exercised prosecutorial discretion to deprioritize their removal. While deferred action thereby facilitates a highly tenuous form of quasi-legal recognition …
Better Safe? Why Obergefell Matters Before Court Rules, Tanya Washington
Better Safe? Why Obergefell Matters Before Court Rules, Tanya Washington
Tanya Monique Washington
No abstract provided.
A Layperson's Guide To Fair Housing Law (2014), F. Caruso, Michael Seng, Alison Bethel
A Layperson's Guide To Fair Housing Law (2014), F. Caruso, Michael Seng, Alison Bethel
F. Willis Caruso
Housing discrimination can take many forms. Laws have been passed at the federal, state, and local levels to prohibit housing discrimination, and attorneys and many fair housing groups are working to eradicate the problem. But the solution to the fair housing problem will not come solely through the work of attorneys and fair housing agencies and organizations; it will also have to come from an educated public that is unwilling to tolerate the cost of housing discrimination. Housing discrimination affects every individual in the United States. Realtors and brokers, bankers and mortgage lenders, insurance companies and developers, real estate buyers …
Civil Rights In Crisis: The Racial Impact Of The Denial Of The Sixth Amendment Right To Counsel, Richard Klein
Civil Rights In Crisis: The Racial Impact Of The Denial Of The Sixth Amendment Right To Counsel, Richard Klein
Richard Daniel Klein
Whereas in 2013 there had been widespread celebration of the fiftieth anniversary of the landmark Supreme Court decision in Gideon v. Wainwright, much has been written in subsequent years about the unhappy state of the quality of counsel provided to indigents. But it is not just defense counsel who fail to comply with all that we hope and expect would be done by those who are part of our criminal courts; prosecutorial misconduct, if not actually increasing, is becoming more visible. The judiciary chooses to focus on the rapid processing of cases, often ignoring the rights of those being prosecuted …
U.S. Immigration Policy: Contract Or Human Rights Law?, Victor Romero
U.S. Immigration Policy: Contract Or Human Rights Law?, Victor Romero
Victor C. Romero
The current immigration debate often reflects a tension between affirming the individual rights of migrants against the power of a nation to control its borders. An examination of U.S. Supreme Court precedent reveals that, from our earliest immigration history to the present time, our immigration policy has functioned more like contract law than human rights law, with the Court deferring to the power of Congress to define the terms of that contract at the expense of the immigrant's freedom.
Noncitizen Students And Immigration Policy Post-9/11, Victor Romero
Noncitizen Students And Immigration Policy Post-9/11, Victor Romero
Victor C. Romero
The purpose of this article is to describe the post-9/11 world for noncitizen students and scholars in light of recent federal legislation, specifically focusing on three laws: the USA-PATRIOT Act of 2001, the Border Commuter Student Act of 2002, and the proposed Capital Student Adjustment Act, currently pending in Congress. In all three, Congress is seen trying to walk the fine line between providing fair access to postsecondary education to noncitizen students and guarding against the possibility that such institutions are being used as a springboard for terrorist activity.
The Child Citizenship Act And The Family Reunification Act: Valuing The Citizen Child As Well As The Citizen Parent, Victor Romero
The Child Citizenship Act And The Family Reunification Act: Valuing The Citizen Child As Well As The Citizen Parent, Victor Romero
Victor C. Romero
Leading civil rights advocates today lament the degree to which current immigration law fails to maintain family unity. The recent passage of the Child Citizenship Act of 2000 is a rare bipartisan step in the right direction because it grants automatic citizenship to foreign-born children of U.S. citizens upon receipt of their permanent resident status and finalization of their adoption. Congress now has before it the Family Reunification Act of 2001, which aims to restore certain procedural safeguards relaxed in 1996 to ensure that foreign-born parents are not summarily separated from their children, many of whom may be U.S. citizens. …
Rethinking Minority Coalition Building: Valuing Self-Sacrifice, Stewardship And Anti-Subordination, Victor Romero
Rethinking Minority Coalition Building: Valuing Self-Sacrifice, Stewardship And Anti-Subordination, Victor Romero
Victor C. Romero
This essay provides an alternative to the conventional self-interest model of coalition building to explore one that relies instead on the three concepts of self-sacrifice, stewardship, and anti-subordination, addressing anticipated counterarguments and providing concrete examples of how this model might work.
Whatever Happened To The Fourth Amendment: Undocumented Immigrants' Rights After Ins V. Lopenz-Mendoza And United States V. Verdugo-Urquidez, Victor Romero
Victor C. Romero
This Note rejects the Court's approach to the Fourth Amendment in Lopez and Verdugo and attempts to redefine the boundaries of Fourth Amendment protections for undocumented immigrants. Part I examines the impact of the Lopez and Verdugo decisions upon undocumented immigrants' Fourth Amendment rights. Part II evaluates the arguments for extending Fourth Amendment protections to undocumented immigrants. Viewing the Fourth Amendment as a restriction on government intrusion, Part III examines the constitutional remedies available to undocumented immigrants. This part rejects the Lopez restrictions on the applicability of the exclusionary rule and concludes that the Fourth Amendment neither draws distinctions among …
Race, Immigration, And The Department Of Homeland Security, Victor Romero
Race, Immigration, And The Department Of Homeland Security, Victor Romero
Victor C. Romero
No abstract provided.