Law Commons^™

Throwing Like A Girl: Constitutional Implications Of Title Ix Regarding Gender Discrimination In High School Athletic Programs, Tracy J. Johnson

Northern Illinois University Law Review

This comment examines various approaches to dealing with sexual discrimination in high school sports. The decisions reveal that equal protection under the law is violated if the classification between males and females in connection with team sports is based on stereotypic notions or assumptions. The author suggests that rules which automatically exclude all females from competing with the males for a place on a team violate equal protection and impair the important governmental objective of providing full and equal opportunity to educational programs and activities. Finally, this comment stresses that in order to provide meaningful athletic opportunities to young women, …

Accommodating Outness: Hurley, Free Speech, And Gay And Lesbian Equality, Darren Lenard Hutchinson

UF Law Faculty Publications

In this article I explore two important questions raised by the Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston decision. First, although the Supreme Court did not analyze the case under the Roberts framework, it suggested at the conclusion of the opinion that the case would have the same outcome under that test. The Court's dictum concerning the Roberts trilogy thus raises the question whether Hurley indicates that the Court might disturb the Roberts doctrine if presented with the opportunity. Second, the Hurley Court, in rejecting GLIB's claim, found that the parade organizers were not attempting to exclude …

Contracts Clause, Supreme Court, Appellate Division Third Department: B.O.C.E.S. For Sole Supervisory District Of Rockland County V. State Of New York

Touro Law Review

No abstract provided.

Ireland's Divorce Bill: Traditional Irish And International Norms Of Equality And Bodily Integrity At Issue In A Domestic Abuse Context, Anthony T. Barnes

Vanderbilt Journal of Transnational Law

On November 24, 1995, the Irish population voted to ease Ireland's constitutional ban on divorce by means of a constitutional amendment. The new amendment and the bill that effectuates it give Irish citizens a limited legal right to end their marriages for the first time in Ireland's history. The limits surrounding Irish divorce consist of a significant waiting period, a living-apart requirement, and a slant toward mediation.

This Note explores the predicaments of abused spouses and the unique risks that Ireland's divorce limitations pose to spousal abuse victims seeking to end their marriages. This Note argues that the limitations of …

Physician Assisted Suicide, Leon Friedman

Touro Law Review

No abstract provided.

Equal Protection, Court Of Appeals: Trustees Of Union College V. Schenectady City Council

Touro Law Review

No abstract provided.

Florida's 1997 Chemical Castration Law: A Return To The Dark Ages, Larry Helm Spalding

Florida State University Law Review

No abstract provided.

Claims For Damages For Violations Of State Constitutional Rights - Analysis Of The Recent Court Of Appeals Decision In Brown V. New York; The Resolved And Unresolved Issues, Martin A. Schwartz

Touro Law Review

No abstract provided.

The Indians' Chief Problem: Chief Wahoo As State Sponsored Discrimination And A Disparaging Mark, Jack Achiezer Guggenheim

Cleveland State Law Review

This article traces the history of the Cleveland Indians and Chief Wahoo. It then suggests and assesses two methods by which the Chief Wahoo emblem may be legally challenged. The first method is to assert that Chief Wahoo, as used in Jacob's Field, is state sponsored discrimination. As such it could be challenged as a violation of equal protection or as racist speech. Alternatively, in addition to proving that the teams' actions should be deemed state actions, a new theory asserting that discriminatory state speech is a violation of the First Amendment could be advanced. Another method by which the …

Claims For Damages For Violations Of State Constitutional Rights – Analysis Of The Recent Court Of Appeals Decision In Brown V. New York; The Resolved And Unresolved Issues, Martin A. Schwartz

Scholarly Works

No abstract provided.

Does New York's Death Penalty Statute Violate The New York Constitution?, Honorable Stewart F. Hancock Jr., Christopher Quinn, Richard Klein

Touro Law Review

No abstract provided.

Re-Viewing History: The Use Of The Past As Negative Precedent In United States V. Virginia, Deborah A. Widiss

Articles by Maurer Faculty

No abstract provided.

The Cy Pres Doctrine In The United States: From Extreme Reluctance To Affirmative Action, Frances Howell Rudko

Cleveland State Law Review

Perhaps no legal principle illustrates the use of Fourteenth Amendment equal protection jurisprudence more poignantly than the relatively obscure cy pres doctrine. The ancient doctrine which allowed both courts and the Crown in England to change trust purposes when the original trust purposes proved no longer viable was adopted belatedly, sporadically and partially by jurisdictions in the United States. In Part I, the author illustrates how the United States jurisdictions differ from England in the requirement for charitable intent. Earlier cases reveal the United States, unlike England, has resisted relaxation of the requirement. In Part II, the author uses the …

Hopwood, Equal Protection, And Affirmative Action: Can Anyone's Ox Be Gored?, David J. Jannuzzi

Touro Law Review

No abstract provided.

Deconstructing Homo[Genous] Americanus: The White Ethnic Immigrant Narrative And Its Exclusionary Effect, Sylvia R. Lazos

Scholarly Works

This Article examines why the assumption of sameness is so pervasive in our society, and why the very idea of diversity is so resisted. The assumption and the corollary mandate to be the same are embedded in American cultural ideology, in how Americans think of themselves, in the stories that we tell regarding who we are and where we come from, in how we construct our values and norms, and in how Americans make sense of our chaotic social world. The assumption and mandate of sameness not only influence American culture, they also guide judges' thinking and decision-making in key …

Women And The Promise Of Equal Citizenship, Jennifer S. Hendricks

Publications

Anticipating the decision in United States v. Morrison (2000), holding that the civil rights remedy of the Violence Against Women Act was not a legitimate exercise of Congress's power to enforce the Equal Protection Clause, this article argues that the Act could be upheld as an exercise of Congress's authority under the Citizenship Clause of the Fourteenth Amendment. Congress's authority under the Citizenship Clause is analogous to its authority under the "badges and incidents" doctrine of the Thirteenth Amendment, which allows Congress to provide protection from discriminatory violence. This theory would also guide interpretation of the act to focus on …

When Did Education Become A Civil Right? An Assessment Of State Constitutional Provisions For Education, 1776-1900, John C. Eastman

John C. Eastman

This article provides a comprehensive review of provisions for public education found in American state constitutions from 1776 through 1900, chronologically tracing the pedigrees of the different formulations. It concludes that most provisions merely provided hortatory guidelines for legislatures, not judicially-enforceable rights to specific levels of taxpayer-supported education, and that even the few state constitutional provisions that appeared to impose certain mandates on the state legislatures were not interpreted in that fashion. Instead of a rights-based jurisprudence, equal protection analysis took over following adoption of the Fourteenth Amendment, leading courts to focus on the equality of funding inputs rather than …