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Full-Text Articles in Law

Gay Self-Identification And The Right To Political Legibility, Fadi G. Hanna Nov 2005

Gay Self-Identification And The Right To Political Legibility, Fadi G. Hanna

Student Scholarship Papers

Over twenty years after the Sixth Circuit held that a bisexual public employee could be dismissed for coming out, courts remain split on the question of constitutional protection for gay coming-out speech. In addressing that question, this Article begins with a more fundamental one: What is the legal harm of suppressing coming-out speech? This Article suggests that a distinct legal harm follows from whether one conceives of coming-out as “persuasive,” “creative,” or “descriptive” speech—establishing a framework that applies to all minorities whose status is not readily apparent. Arguing that courts and scholars have adopted persuasive and creative conceptions of ...


The Case For The Legislative Override, Nicholas Stephanopoulos Mar 2005

The Case For The Legislative Override, Nicholas Stephanopoulos

Student Scholarship Papers

Abstract: What is the optimal arrangement of judicial review? Most scholars who have addressed this question have assumed that there are only two important alternatives: judicial supremacy and parliamentary sovereignty. The literature has neglected the conceptual space that exists between these two poles, in particular the innovative legislative override model. This Article describes and evaluates the experiences of the two countries that have adopted the override, Canada and Israel. It also introduces a refined override model that promises to protect fundamental rights while promoting democratic decision-making. Finally, the Article explains which institutional and political contexts are hospitable to the override ...