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Full-Text Articles in Fourteenth Amendment
Reconceptualizing Hybrid Rights, Dan T. Coenen
Reconceptualizing Hybrid Rights, Dan T. Coenen
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In landmark decisions on religious liberty and same-sex marriage, and many other cases as well, the Supreme Court has placed its imprimatur on so called “hybrid rights.” These rights spring from the interaction of two or more constitutional clauses, none of which alone suffices to give rise to the operative protection. Controversy surrounds hybrid rights in part because there exists no judicial account of their justifiability. To be sure, some scholarly treatments suggest that these rights emanate from the “structures” or “penumbras” of the Constitution. But critics respond that hybrid rights lack legitimacy for that very reason because structural and …
How Congress Could Defend Doma In Court (And Why The Blag Cannot), Matthew I. Hall
How Congress Could Defend Doma In Court (And Why The Blag Cannot), Matthew I. Hall
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In one of the most closely watched litigation matters in recent years, the Supreme Court will soon consider Edith Windsor's challenge to the Defense of Marriage Act (DOMA). The Court surprised many observers by granting certiorari, not only on the merits of Windsor's equal protection and due process claims, but also on the question whether the defendants — the United States and the Bipartisan Legal Advisory Group of the House of Representatives (the BLAG) — have Article III standing to defend DOMA. The United States has agreed with plaintiffs that DOMA is unconstitutional, prompting the BLAG to intervene for the …
Bakke Revisited - What The Court's Decision Means - And Doesn't Mean, Douglas D. Scherer
Bakke Revisited - What The Court's Decision Means - And Doesn't Mean, Douglas D. Scherer
Scholarly Works
No abstract provided.