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Full-Text Articles in Fourteenth Amendment
Reconceptualizing Hybrid Rights, Dan T. Coenen
Reconceptualizing Hybrid Rights, Dan T. Coenen
Scholarly Works
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 …
Reproductive Health Care Exceptionalism And The Pandemic, Helen Norton
Reproductive Health Care Exceptionalism And The Pandemic, Helen Norton
Publications
No abstract provided.
Making Litigating Citizenship More Fair, Ming H. Chen
Making Litigating Citizenship More Fair, Ming H. Chen
Publications
No abstract provided.