Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Civil Rights and Discrimination (5)
- Constitutional Law (5)
- Sexuality and the Law (5)
- Family Law (3)
- Law and Society (3)
-
- Social and Behavioral Sciences (3)
- Courts (2)
- Gender and Sexuality (2)
- Human Rights Law (2)
- Sociology (2)
- American Politics (1)
- Arts and Humanities (1)
- Education Law (1)
- Family, Life Course, and Society (1)
- History (1)
- Immigration Law (1)
- Inequality and Stratification (1)
- Jurisprudence (1)
- Law and Gender (1)
- Law and Race (1)
- Legal History (1)
- Legal Studies (1)
- Legislation (1)
- Other Legal Studies (1)
- Other Political Science (1)
- Other Sociology (1)
- Political Science (1)
- Politics and Social Change (1)
- Keyword
-
- Due process (2)
- 14th amendment (1)
- 5th amendment (1)
- Administrative procedure act (1)
- Admissions (1)
-
- Adoption (1)
- Affirmative action (1)
- African Americans (1)
- Articles (1)
- Colleges and universities (1)
- Department of labor (1)
- Dignity (1)
- Discrimination (1)
- Disparate treatment (1)
- Equal Protection (1)
- Equal Protection Clause (1)
- Family (1)
- Fifth amendment (1)
- Fisher v. University of Texas (1)
- Fourteenth Amendment (1)
- Fourteenth amendment (1)
- Gay (1)
- Grutter v. Bollinger (1)
- Immigration reform and control act of 1986 (1)
- Justice Kennedy (1)
- Lawrence v. Texas (1)
- Marriage (1)
- Minorities (1)
- Noncitizen workers (1)
- Obergefell v. Hodges (1)
Articles 1 - 8 of 8
Full-Text Articles in Fourteenth Amendment
The Respectable Dignity Of Obergefell V. Hodges, Yuvraj Joshi
The Respectable Dignity Of Obergefell V. Hodges, Yuvraj Joshi
Yuvraj Joshi
In declaring state laws that restrict same-sex marriage unconstitutional, Justice Kennedy invoked “dignity” nine times—to no one’s surprise. References in Obergefell to “dignity” are in important respects the culmination of Justice Kennedy’s elevation of the concept, dating back to the Supreme Court’s 1992 decision in Planned Parenthood v. Casey. In Casey, “dignity” expressed respect for a woman’s freedom to make choices about her pregnancy. Casey laid the foundation for Lawrence v. Texas, which similarly respected the freedom of choice of homosexual persons. Yet, starting in United States v. Windsor and continuing in Obergefell, the narrative began to change. Dignity veered …
The New Battleground For Same-Sex Couples Is Equal Rights For Their Kids, Tanya Washington
The New Battleground For Same-Sex Couples Is Equal Rights For Their Kids, Tanya Washington
Tanya Monique Washington
No abstract provided.
Better Safe? Why Obergefell Matters Before Court Rules, Tanya Washington
Better Safe? Why Obergefell Matters Before Court Rules, Tanya Washington
Tanya Monique Washington
No abstract provided.
Fisher V. Texas: The Limits Of Exhaustion And The Future Of Race-Conscious University Admissions, John Powell, Stephen Menendian
Fisher V. Texas: The Limits Of Exhaustion And The Future Of Race-Conscious University Admissions, John Powell, Stephen Menendian
john a. powell
This Article investigates the potential ramifications of Fisher v. Texas and the future of race-conscious university admissions. Although one cannot predict the ultimate significance of the Fisher decision, its brief and pregnant statements of law portends an increasingly perilous course for traditional affirmative action programs. Part I explores the opinions filed in Fisher, with a particular emphasis on Justice Kennedy’s opinion on behalf of the Court. We focus on the ways in which the Fisher decision departs from precedent, proscribes new limits on the use of race in university admissions, and tightens requirements for narrow tailoring. Part II investigates the …
Gender And The Institutional Nature Of Marriage, Tyler A. Le Fevre
Gender And The Institutional Nature Of Marriage, Tyler A. Le Fevre
Tyler A. Le Fevre
Court decisions invalidating man-woman marriage laws frequently rely on the argument that expanding marriage to include same-sex relationships would have no social downside and, therefore, cannot be constitutionally justified. However, contemporary social theory casts doubt on this “no downside” argument for genderless marriage. Drawing on social philosophy, especially that of Johns R. Searle, this Article argues that redefining marriage to include same-sex couples will alter the institutional function of marriage, which alterations would have harmful effects on social welfare and children’s rights. This Article further asserts that American courts and commentators are amiss when they mask or willfully ignore the …
Due Process And Social Legislation In The Supreme Court--A Post Mortem, Robert Rodes
Due Process And Social Legislation In The Supreme Court--A Post Mortem, Robert Rodes
Robert Rodes
No abstract provided.
Preemption By Fiat: The Department Of Labor's Usurpation Of Power Over Noncitizen Workers' Right To Unemployment Benefits, Irene Scharf
Preemption By Fiat: The Department Of Labor's Usurpation Of Power Over Noncitizen Workers' Right To Unemployment Benefits, Irene Scharf
Irene Scharf
This Article starts with the premise that the right to unemployment insurance benefits is a property right protected by the Fifth and Fourteenth Amendments to the United States Constitution, which apply to noncitizen unemployment applicants as well as to United States citizens. Given this assumption, certain actions being taken by the United States Department of Labor ("DOL") violate both procedural and substantive due process as well as the Administrative Procedure Act ("APA"). The challenged actions involve the DOL's issuance of internally-created missives, termed Unemployment Insurance Program Letters ("Program Letters"), that purport to interpret the meaning of a requirement under federal …
Gay Parenthood And The Revolution Of The Modern Family: An Examination Of The Unique Barriers Confronting Gay Adoptive Parents, Nicholas Arntsen
Gay Parenthood And The Revolution Of The Modern Family: An Examination Of The Unique Barriers Confronting Gay Adoptive Parents, Nicholas Arntsen
Nicholas Benedict Arntsen
Abstract: In recent decades, the structure of the American family has been revolutionized to incorporate families of diverse and unconventional compositions. Gay and lesbian couples have undoubtedly played a crucial role in this revolution by establishing families through the tool of adoption. Eleven adoptive parents from the state of Connecticut were interviewed to better conceptualize the unique barriers gay couples encounter in the process adoption. Both the scholarly research and the interview data illustrate that although gay couples face enormous legal barriers, the majority of their hardship comes through social interactions. As a result, the cultural myths and legal restrictions …