Constitutional Law Commons^™

Same-Sex Relationships And The Full Faith And Credit Clause: Reducing America To The Lowest Common Denominator, Rena M. Lindevaldsen

Faculty Publications and Presentations

This Article examines the legal and policy implications that arise when a state that expressly prohibits recognition or enforcement of any rights arising from a same-sex relationship is confronted with a request to register and enforce a child custody order issued by another state that gives custody or visitation rights to a biological mother's former same-sex partner. As more states confer marital rights to same-sex couples, this issue will occur with increasing frequency. The first reported case in the nation to address the issue, Miller-Jenkins v. Miller-Jenkins, has garnered attention from the national media, including a cover story in the …

Not Very Collegial: Exploring Bans On Illegal Immigrant Admissions To State Colleges And Universities, Marcia A. Yablon-Zug, Danielle R. Holley-Walker

Faculty Publications

No abstract provided.

Not So Simple After All: A Comment On Ravndahl V. Saskatchewan, Dianne Pothier

Dianne Pothier Collection

Ravndahl became entitled to a survivor's pension under workers' compensation legislation upon the death of her husband in 1975, and disentitled upon remarriage in 1984. In 2000 she filed a statement of claim alleging the disentitlement constituted a section 15 Charter breach. The Saskatchewan government brought a pre-trial motion claiming the action was barred because of a six-year statute of limitations.

The Supreme Court of Canada assumed without deciding that the Charter applied. The author contends the Court should have affirmatively concluded that the Charter applies, on the basis that the claim is founded on the claimant's on-going status as …

The Unbearable Lightness Of Marriage In The Abortion Decisions Of The Supreme Court: Altered States In Constitutional Law, William W. Van Alstyne

Faculty Scholarship

No abstract provided.

Marriage As A Message: Same-Sex Couples And The Rhetoric Of Accidental Procreation, Kerry Abrams, Peter Brooks

Faculty Scholarship

In his dissent in the 2003 case Goodridge v. Department of Health, Justice Robert Cordy of the Massachusetts Supreme Court introduced a novel argument in support of state bans on same-sex marriage: that marriage is an institution designed to create a safe social and legal space for accidental heterosexual reproduction, a space that is not necessary for same-sex couples who, by definition, cannot accidentally reproduce. Since 2003, every state appellate court considering a same-sex marriage case has adopted Justice Cordy's dissent until the recent California Supreme Court decision In Re Marriage Cases. In case after case, courts have held that …

The Gendered Nature Of Domestic Violence: Statistical Data For Lawyers Considering Equal Protection Analysis, Molly Dragiewicz, Yvonne F. Lindgren

Faculty Works

In Woods v. Horton, the California’s Third District Court of Appeal in Sacramento ruled that a state Health and Safety Code section funding domestic violence shelter services specifically for battered women and their children violated equal protection. Using the strict scrutiny standard of review, the court held that under the state’s Equal Protection Clause, women and men are “similarly situated” with regard to domestic violence and, therefore, the language in the code should be revised to make state funding for domestic violence shelter services under that code gender-neutral. Woods is the first successful legal decision for the anti-feminist “fathers’ rights” …

Orwell’S Vision: Video And The Future Of Civil Rights Enforcement, Howard M. Wasserman

Faculty Publications

No abstract provided.

'We, The Paparazzi': Developing A Privacy Paradigm For Digital Video, Jacqueline D. Lipton

Articles

In January 2009, the Camera Phone Predator Alert bill was introduced into Congress. It raised serious concerns about privacy rights in the face of digital video technology. In so doing, it brought to light a worrying gap in current privacy regulation - the lack of rules relating to digital video privacy. To date, digital privacy regulation has focused on text records that contain personal data. Little attention has been paid to privacy in video files that may portray individuals in inappropriate contexts, or in an unflattering or embarrassing light. As digital video technology, including inexpensive cellphone cameras, is now becoming …

Family Constitutions: A Case Study Of Ten Families--Problems, Issues And Concerns, Maria Teresa L. Galura, Ricardo H. Mercado, Joseph Sedfrey S. Santiago

Marketing and Law Faculty Publications

This paper looks at ten family constitutions crafted with the assistance of the Family Business Development Center (FBDC) within a span of at least two years. The families, all Filipinos, are in different industries, reside in various cities, and are in various stages of managerial transition between generations. The ten constitutions are analyzed from different relational and business angles, including governance structure, family communication, succession and retirement plan, professionalizing the business, strategic planning, ownership contract and business protocol. The paper proposes to undertake a comparative study of family constitutions in five ASEAN countries.