Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- First Amendment (2)
- Abortion (1)
- Affirmative action (1)
- Anti-sodomy (1)
- Burwell v. Hobby Lobby (1)
-
- Citizens United (1)
- Class (1)
- Discrimination (1)
- Diversity (1)
- Electroconvulsive treatment (1)
- Employment discrimination (1)
- Freedom of speech (1)
- Gay rights (1)
- Gender (1)
- Grooming (1)
- Informed consent mandate (1)
- Jacobson v. Massachusetts (1)
- LGBT (1)
- LGBTQ (1)
- Legal regulation (1)
- Mandated abortion speech (1)
- Marriage equality (1)
- Masculinities (1)
- Mutable characteristics (1)
- North Dakota (1)
- Planned Parenthood of Minnesota (1)
- Planned Parenthood of Southeastern Pennsylvania v. Casey (1)
- RFRA (1)
- Race (1)
- Racial profiling (1)
Articles 1 - 8 of 8
Full-Text Articles in Law
Speaker Discrimination: The Next Frontier Of Free Speech, Michael Kagan
Speaker Discrimination: The Next Frontier Of Free Speech, Michael Kagan
Scholarly Works
Citizens United v. FEC articulated a new pillar of free speech doctrine that is independent from the well-known controversies about corporate personhood and the role of money in elections. For the first time, the Supreme Court clearly said that discrimination on the basis of the identity of the speaker offends the First Amendment. Previously, the focus of free speech doctrine had been on the content and forum of speech, not on the identity of the speaker. This new doctrine has the potential to reshape free speech law far beyond the corporate speech and campaign finance contexts. This article explores the …
Brief For Society Of American Law Teachers As Amicus Curiae Supporting Respondents, University Of Texas At Austin, Marc A. Hearron, David D. Cross, Bryan J. Leitch
Brief For Society Of American Law Teachers As Amicus Curiae Supporting Respondents, University Of Texas At Austin, Marc A. Hearron, David D. Cross, Bryan J. Leitch
Society of American Law Teachers Archive
No abstract provided.
Debunking Unequal Burdens, Trivial Violations, Harmless Stereotypes, And Similar Judicial Myths: The Convergence Of Title Vii Literalism, Congressional Intent, And Kantian Dignity Theory, Peter Brandon Bayer
Debunking Unequal Burdens, Trivial Violations, Harmless Stereotypes, And Similar Judicial Myths: The Convergence Of Title Vii Literalism, Congressional Intent, And Kantian Dignity Theory, Peter Brandon Bayer
Scholarly Works
Title VII prohibits employers from imposing their racial, sex-based, ethnic, or religiously inspired grooming and appearance standards, even if, in light of widely accepted social conventions, the vast majority would feel exceptionally uncomfortable in the presence of employees who refuse to comport with their employers' discriminatory rules. Indeed, nearly four decades ago, with correct simplicity and directness the Supreme Court recognized Title VII's first principle: "Congress intended to prohibit all practices in whatever form which create inequality in employment opportunity due to discrimination on the basis of race, religion, sex, or national origin." Therefore, contrary to the harsh dismay expressed …
Gay Liberation In The Illiberal State, Stewart Chang
Gay Liberation In The Illiberal State, Stewart Chang
Scholarly Works
A comparative analysis of incrementalist approaches to gay rights as they are deployed in the United States and Singapore demonstrates that seeking gay rights in a full democracy is actually no better than seeking them in an authoritarian regime. Incrementalism ultimately promotes sexual nornativity by dividing the gay community into "good gays," who deserve equal protections, and "bad queers," who are further marginalized. Incrementalism in the United States began with decriminalization of sodomy and terminated with the recognition of gay imarriage but did so by imagining gay sexuality within the context of committed relationships. The gay rights movement in Singapore …
Always Already Suspect: Revising Vulnerability Theory, Frank Rudy Cooper
Always Already Suspect: Revising Vulnerability Theory, Frank Rudy Cooper
Scholarly Works
Martha Fineman proposes a post-identity "vulnerability" approach that focuses on burdens we all share; this article argues that theory needs to incorporate recognition of how invisible privileges exacerbate some people's burdens. Vulnerability theory is based on a recognition that we are all born defenseless, become feeble, must fear natural disasters, and might be failed by social institutions. It thus argues for a strong state that takes affirmative steps to insure substantive equality of opportunity. While vulnerability theory might help explain and remedy situations like Hurricane Katrina, it also might be susceptible to an argument that racial profiling is a necessary …
Reconsidering Legal Regulation Of Race, Sex, And Sexual Orientation, Ann C. Mcginley
Reconsidering Legal Regulation Of Race, Sex, And Sexual Orientation, Ann C. Mcginley
Scholarly Works
No abstract provided.
A Word Of Warning From A Woman: Arbitrary, Categorical, And Hidden Religious Exemptions Threaten Lgbt Rights, Leslie C. Griffin
A Word Of Warning From A Woman: Arbitrary, Categorical, And Hidden Religious Exemptions Threaten Lgbt Rights, Leslie C. Griffin
Scholarly Works
Religious exemptions have already undermined women’s rights. Now exemptions threaten gays and lesbians. The Constitution protected women’s equality and liberty until religious exemptions eroded them. Today, as gays and lesbians stand on the threshold of marriage equality, religious exemptions threaten to diminish their hard-earned constitutional right. For this reason, I argue it is past time to reject the religious exemption theory of religious liberty, which privileges religion over civil and constitutional rights, in favor of neutral laws that govern all. Religious exemptions pervade American law in numerous ways that are harmful to civil rights.
In this essay, I identify three …
Abortion And Compelled Physician Speech, David Orentlicher
Abortion And Compelled Physician Speech, David Orentlicher
Scholarly Works
No abstract provided.