Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Affirmative action (1)
- Behavior (1)
- Big Love (1)
- Civil Rights Act (1)
- Classificiations (1)
-
- Consent (1)
- Crimes (1)
- Discrimination (1)
- Domestic violence (1)
- Equal protection (1)
- Equality (1)
- Feminist legal theory (1)
- Gender and law (1)
- Lawrence v. Texas (1)
- Liberty (1)
- Minorities (1)
- Parents Involved in Community Schools v. Seattle School District No. 1 (1)
- Polygamy (1)
- Popular culture (1)
- Race and law (1)
- Racial discrimination (1)
- Remedial regimes (1)
- Ricci v. DeStefano (1)
- Segregation (1)
- Sex discrimination (1)
Articles 1 - 2 of 2
Full-Text Articles in Constitutional Law
Rethinking Consent In A Big Love Way, Cheryl Hanna
Rethinking Consent In A Big Love Way, Cheryl Hanna
Michigan Journal of Gender & Law
This Article is based on a presentation at the Michigan Journal of Gender and Law as part of their symposium "Rhetoric & Relevance: An Investigation into the Present & Future of Feminist Legal Theory." In it, I explore the problem of categorical exclusions to the consent doctrine in private intimate relationships through the lens of the HBO series Big Love, which is about modern polygamy. There remains the normative question both after Lawrence v. Texas and in feminist legal theory of under what circumstances individuals should be able to consent to activity that takes place within the context of a …
Contingent Equal Protection: Reaching For Equality After Ricci And Pics, Jennifer S. Hendricks
Contingent Equal Protection: Reaching For Equality After Ricci And Pics, Jennifer S. Hendricks
Michigan Journal of Gender & Law
This Article uses the term contingent equal protection to describe the constitutional analysis that applies to a range of governmental efforts to ameliorate race and sex hierarchies. "Contingent" refers to the fact that the equal protection analysis is contingent upon the existence of structural, de facto inequality. Contingent equal protection cases include those that involve explicit race and sex classifications, facially neutral efforts to reduce inequality, and accommodation of sex differences to promote equality. Uniting all three kinds of cases under a single conceptual umbrella reveals the implications that developments in one area can have for the other two.