Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Alsification (1)
- Artificial insemination (1)
- Attorney general (1)
- Ballot initiative (1)
- Constitutional nondefense (1)
-
- Direct democracy (1)
- Duty to defend (1)
- Eighth Amendment (1)
- Evolving Standards of Decency (1)
- Executive (1)
- Expressivism (1)
- Family (1)
- Gay (1)
- Gay marriage (1)
- LGBT (1)
- Lesbian (1)
- Marriage (1)
- Marriage equality (1)
- Media (1)
- Nondefense (1)
- Obergefell (1)
- Politics (1)
- Preference (1)
- Procreation (1)
- Public preference (1)
- Reputation (1)
- Same sex marriage (1)
- Same-sex marriage (1)
- Sentencing (1)
- Social Darwinism (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
Declining Controversial Cases: How Marriage Equality Changed The Paradigm, Elena Baylis
Declining Controversial Cases: How Marriage Equality Changed The Paradigm, Elena Baylis
Articles
Until recently, state attorneys general defended their states’ laws as a matter of course. However, one attorney general’s decision not to defend his state’s law in a prominent marriage equality case sparked a cascade of attorney general declinations in other marriage equality cases. Declinations have also increased across a range of states and with respect to several other contentious subjects, including abortion and gun control. This Essay evaluates the causes and implications of this recent trend of state attorneys general abstaining from defending controversial laws on the grounds that those laws are unconstitutional, focusing on the marriage equality cases as …
Evolving Standards Of Domination: Abandoning A Flawed Legal Standard And Approaching A New Era In Penal Reform, Spearit
Articles
This Article critiques the evolving standards of decency doctrine as a form of Social Darwinism. It argues that evolving standards of decency provided a system of review that was tailor-made for Civil Rights opponents to scale back racial progress. Although as a doctrinal matter, evolving standards sought to tie punishment practices to social mores, prison sentencing became subject to political agendas that determined the course of punishment more than the benevolence of a maturing society. Indeed, rather than the fierce competition that is supposed to guide social development, the criminal justice system was consciously deployed as a means of social …
Victims Of Our Own Success: The Perils Of Obergefell And Windsor, Anthony C. Infanti
Victims Of Our Own Success: The Perils Of Obergefell And Windsor, Anthony C. Infanti
Articles
This short essay was spurred by the numerous celebrations of the Supreme Court’s recent decision in Obergefell v. Hodges legalizing same-sex marriage in all fifty states. Though the essay acknowledges the importance of both Obergefell and the Supreme Court’s earlier decision in United States v. Windsor, it highlights the significant perils that these decisions entail for the LGBT community. In the essay, I use tax as a lens for describing some of the lesser-known perils associated with these decisions in the hopes of making those perils more concrete and easily understood by a wide audience of (tax and nontax) …