Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (6)
- Civil Rights and Discrimination (5)
- Education Law (3)
- Fourteenth Amendment (3)
- Law and Race (3)
-
- Legislation (2)
- Public Law and Legal Theory (2)
- Criminal Law (1)
- Criminal Procedure (1)
- Entertainment, Arts, and Sports Law (1)
- Family Law (1)
- Immigration Law (1)
- Judges (1)
- Jurisprudence (1)
- Labor and Employment Law (1)
- Law Enforcement and Corrections (1)
- Law and Gender (1)
- Law and Society (1)
- National Security Law (1)
- Privacy Law (1)
- Sexuality and the Law (1)
- Supreme Court of the United States (1)
- Institution
-
- University of Michigan Law School (2)
- BLR (1)
- Chicago-Kent College of Law (1)
- Cleveland State University (1)
- Drexel University Thomas R. Kline School of Law (1)
-
- George Washington University Law School (1)
- Mitchell Hamline School of Law (1)
- Notre Dame Law School (1)
- Penn State Law (1)
- University of Colorado Law School (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Pennsylvania Carey Law School (1)
- Washington and Lee University School of Law (1)
- Publication
- Publication Type
Articles 1 - 14 of 14
Full-Text Articles in Law
Quantifying Reasonable Doubt: A Proposed Solution To An Equal Protection Problem, Harry D. Saunders
Quantifying Reasonable Doubt: A Proposed Solution To An Equal Protection Problem, Harry D. Saunders
ExpressO
In this article we present the case that the Reasonable Doubt standard is in urgent need of repair. Our research reveals that a previously-recognized phenomenon arising from vagueness of the standard is more consequential than thus far realized and creates a serious equal protection problem. We show that the only legally feasible solution to this problem is to quantify the definition of the standard. While others have examined quantified standards, we make a direct case for it and overcome previous objections to it by offering a way to make it practical and workable.
The solution we envision will require new …
Re-Enfranchisement Laws Provide Unequal Treatment: Ex-Felon Re-Enfranchisement And The Fourteenth Amendment, Cherish M. Keller
Re-Enfranchisement Laws Provide Unequal Treatment: Ex-Felon Re-Enfranchisement And The Fourteenth Amendment, Cherish M. Keller
Chicago-Kent Law Review
Individuals convicted of a felony lose the right to vote at least temporarily in most states, and ex-felons are disenfranchised for life in seventeen states. There are often procedures by which ex-felons may regain the right to vote in the lifetime disenfranchisement states, but the procedures vary widely and are often unclear and unrealistic. The right to vote is fundamental once provided by a state, and wealth discrimination coupled with a fundamental right merits strict scrutiny. While ex-felon disenfranchisement may be constitutional, once a state provides a procedure by which ex-felons may regain the right to vote, that procedure must …
Stepping Through Grutter'S Open Doors: What The University Of Michigan Affirmative Action Cases Mean For Race-Conscious Government Decisionmaking, Helen L. Norton
Stepping Through Grutter'S Open Doors: What The University Of Michigan Affirmative Action Cases Mean For Race-Conscious Government Decisionmaking, Helen L. Norton
Faculty Scholarship
In Grutter, a majority of the Court for the first time identified an instrumental justification for race-based government decisionmaking as compelling -- specifically, a public law school’s interest in attaining a diverse student body. Grutter not only recognized the value of diversity in higher education, but left open the possibility that the Court might find similar justifications compelling as well. The switch to instrumental justifications for affirmative action appears a strategic response to the Court’s narrowing of the availability of remedial rationales. A number of thoughtful commentators, however, have reacted to this trend with concern and even dismay, questioning whether …
Title Ix: Beyond Equal Protection, David S. Cohen
Title Ix: Beyond Equal Protection, David S. Cohen
David S Cohen
The relationship between Title IX and the Equal Protection Clause is relevant to many areas of sex discrimination law. First and foremost, the issue has arisen when courts have attempted to determine the scope of Title IX's prohibition of sex discrimination. For instance, in Tara Brady's case, whether she could successfully bring a sex discrimination suit for monetary damages under Title IX, which says nothing on its face about pregnancy,(FN9) requires a determination of whether a plaintiff can bring a claim for monetary damages grounded in Title IX's regulation that prohibits pregnancy-based discrimination. After the Supreme Court's decision in Alexander …
Justifying The Disparate Impact Standard Under A Theory Of Equal Citizenship, Rebecca S. Giltner
Justifying The Disparate Impact Standard Under A Theory Of Equal Citizenship, Rebecca S. Giltner
Michigan Journal of Race and Law
Part I of this Note outlines the limitations on congressional power under Section V and their implications for justifying the constitutionality of the disparate impact standard. Part II explores the prohibition of intentional discrimination as a justification for the disparate impact standard and argues that justifying the disparate impact standard through this theory, as some courts currently do, may eventually narrow disparate impact doctrine and thus constrain the possibilities for substantive equality in employment. This Part also analogizes the limits of using an intentional discrimination rationale to justify the disparate impact standard to the limits of using the diversity rationale …
Hands Off Policy: Equal Protection And The Contact Sports Exemption Of Title Ix, Jamal Greene
Hands Off Policy: Equal Protection And The Contact Sports Exemption Of Title Ix, Jamal Greene
Michigan Journal of Gender & Law
The disparity between what the Constitution permits of public schools and what Title IX permits of private ones is unquestionably stark. This Article calls this disparity into question. First, it asks under what circumstances, if any, allowance for sex discrimination in athletics may be justified under constitutional standards. Then, it considers the practical relevance of the disparity between how a school may lawfully discriminate under Title IX and how it may do so under the Equal Protection Clause. Finally, it offers a prescription for bringing into balance the gender equity messages sent by Title IX and the Constitution.
Are Filipina/Os Asians Or Latina/Os?: Reclaiming The Anti-Subordination Objective Of Equal Protection After Grutter And Gratz, Victor C. Romero
Are Filipina/Os Asians Or Latina/Os?: Reclaiming The Anti-Subordination Objective Of Equal Protection After Grutter And Gratz, Victor C. Romero
Journal Articles
In this piece, I explore two avenues of political action - self-identification for affirmative action purposes and longer-term solutions to educational inequity - in an attempt to develop a coherent and effective post-Grutter and Gratz strategy for promoting equal educational opportunities consistent with the demands of equal protection. I use the experiences of Filipina/o-Americans as a vehicle for exploring these issues. I hope to show that diversity as the underlying goal of affirmative action fails to capture the core of modern equal protection jurisprudence implicit in Brown v. Board of Education and Loving v. Virginia: that treating all …
The Executive's Scapegoat, The Court's Blind Eye? Immigrants' Rights After September 11, Hollis V. Pfitsch
The Executive's Scapegoat, The Court's Blind Eye? Immigrants' Rights After September 11, Hollis V. Pfitsch
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Equal Protection For Homosexuals: Why The Immutability Argument Is Necessary And How It Is Met, Kari Balog
Equal Protection For Homosexuals: Why The Immutability Argument Is Necessary And How It Is Met, Kari Balog
Cleveland State Law Review
The immutability factor is possibly the most disputed of the four factors of the Frontiero test, a test laid out by the Supreme Court to identify suspect classifications. Doctors and scientists have spent years studying sexual orientation, attempting to find the cause of homosexuality in order to determine whether or not sexual orientation may be changed. Unfortunately, the many studies have not provided a definitive answer to the question of immutability. This Note considers many of the psychological, hormonal, and more recent genetic studies and determines what the medical and scientific evidence means for homosexuals in their pursuit for equal …
Controlling Identity: Plessy, Privacy, And Racial Defamation, Jonathan Kahn
Controlling Identity: Plessy, Privacy, And Racial Defamation, Jonathan Kahn
Faculty Scholarship
This Article explores the origins of privacy law in early twentieth century America in relation to the legal solidification of Jim Crow in the aftermath of Plessy v. Ferguson. It considers some distinctively southern aspects of the origins of the right to privacy and argues that by viewing privacy, racial defamation, and Jim Crow in relation to each other, we can gain new insights into each-coming to understand that Plessy was not just about controlling space, or property, or even equality but also about controlling identity itself, and coming to see that in its origins, the right to privacy had …
Justice Scalia's Constitution--And Ours, Kermit Roosevelt Iii
Justice Scalia's Constitution--And Ours, Kermit Roosevelt Iii
All Faculty Scholarship
No abstract provided.
Stepping Through Grutter's Open Doors: What The University Of Michigan Affirmative Action Cases Mean For Race-Conscious Government Decisionmaking, Helen Norton
Publications
In Grutter, a majority of the Court for the first time identified an instrumental justification for race-based government decisionmaking as compelling - specifically, a public law school's interest in attaining a diverse student body. Grutter not only recognized the value of diversity in higher education, but left open the possibility that the Court might find similar justifications compelling as well.
The switch to instrumental justifications for affirmative action appears a strategic response to the Court's narrowing of the availability of remedial rationales. A number of thoughtful commentators, however, have reacted to this trend with concern and even dismay, questioning …
Does Parental Autonomy Require Equal Custody At Divorce?, Margaret F. Brinig
Does Parental Autonomy Require Equal Custody At Divorce?, Margaret F. Brinig
Journal Articles
This paper considers the affect of amendments to state divorce laws that strengthen their joint custody preference. It does so in the context of suits by noncustodial parents challenging substantive custody standards not requiring equal custody at divorce. The complaint is that most custody laws, by using a best interests standard rather than equally dividing custodial time, violate substantive due process. Further, two states, Iowa and Maine, have recently amended their custody legislation to strongly presume joint physical custody.
After setting out the constitutional problem and describing the legislation in some detail, this paper tests the effects of the change …
Dignity In Race Jurisprudence, Christopher A. Bracey
Dignity In Race Jurisprudence, Christopher A. Bracey
GW Law Faculty Publications & Other Works
Racial justice demands dignity; the acknowledgment and affirmation of the equal humanity of people of color. Denying dignity on the basis of color creates racial subordination, which triggers dignitary harms such as individual acts of racism and communal exclusion leading to diminished health, wealth, income, employment and social status. The legal recognition of dignity is therefore a prerequisite to political and social equality. For Americans of African descent, dignity was long denied by the legal endorsement of slavery and the degrading policies of segregation. The struggle to be treated equally human eventually found success in landmark cases such as Brown …