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Series

SSRN

Columbia Law School

2004

Civil Rights and Discrimination

Articles 1 - 4 of 4

Full-Text Articles in Law

Equality Without Tiers, Suzanne B. Goldberg Jan 2004

Equality Without Tiers, Suzanne B. Goldberg

Faculty Scholarship

Equality Without Tiers offers a comprehensive analysis of tiered equal protection review and argues that the current framework has outlived its utility and functions in many respects as a barrier to equality. As an alternative to the current ossified test, the article develops and tests a single standard of review aimed to provide a more finely calibrated response to the complexities of discrimination in the 21st century.

To support this argument, the article focuses first on tensions in the current tiered framework for equal protection review, pointing to, among others, the Court's variously weak and strong approaches to rational ...


Morals-Based Justifications For Lawmaking: Before And After Lawrence V. Texas, Suzanne B. Goldberg Jan 2004

Morals-Based Justifications For Lawmaking: Before And After Lawrence V. Texas, Suzanne B. Goldberg

Faculty Scholarship

Morals-Based Justifications for Lawmaking: Before and After Lawrence v. Texas looks in depth at the dissonance between the Supreme Court's rhetorical support for morals-based lawmaking and the Court's jurisprudence. In taking this approach, the article aims to respond a central post-Lawrence question concerning the continuing vitality of a government's moral agenda as a sufficient justification for restricting individual rights. It turns out, on close review of the cases going back to the mid-1800s, that the Court has almost never relied explicitly on a morals rationale to sustain an allegedly rights-infringing government action.

The article develops several explanations ...


The "Inexorable Zero", Bert I. Huang Jan 2004

The "Inexorable Zero", Bert I. Huang

Faculty Scholarship

For over a quarter century, legal arguments about segregation, discrimination, and affirmative action have invoked the image of the "inexorable zero" – complete absence of any women or minorities at a given school or workplace. Yet as evocative as the phrase might be, its precise doctrinal import has remained elusive. This Note recounts the original use of the concept in a landmark Title VII case and documents a current circuit split. It then articulates theoretical grounds upon which the concept’s intuitive appeal might rest. Finally, it excavates a further, more complex rationale that the Supreme Court may have contemplated at ...


The Domesticated Liberty Of Lawrence V. Texas, Katherine M. Franke Jan 2004

The Domesticated Liberty Of Lawrence V. Texas, Katherine M. Franke

Faculty Scholarship

In this Commentary, Professor Franke offers an account of the Supreme Court's decision in Lawrence v. Texas. She concludes that in overruling the earlier Bowers v. Hardwick decision, Justice Kennedy does not rely upon a robust form of freedom made available by the Court's earlier reproductive rights cases, but instead announces a kind of privatized liberty right that allows gay and lesbian couples the right to intimacy in the bedroom. In this sense, the rights-holders in Lawrence are people in relationships and the liberty right those couples enjoy does not extend beyond the domain of the private. Franke ...