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Full-Text Articles in Supreme Court of the United States
Foreword: Loving Lawrence, Pamela S. Karlan
Foreword: Loving Lawrence, Pamela S. Karlan
Michigan Law Review
Two interracial couples. Two cases. Two clauses. In Loving v. Virginia, the Supreme Court struck down a Virginia statute outlawing interracial marriage. In Lawrence v. Texas, the Court struck down a Texas statute outlawing sexual activity between same-sex individuals. Each case raised challenges under both the Equal Protection Clause and the Due Process Clause of the Fourteenth Amendment.
Equal Protection, Class Legislation, And Colorblindness, Melissa L. Saunders
Equal Protection, Class Legislation, And Colorblindness, Melissa L. Saunders
Michigan Law Review
Scholars and judges have long assumed that the Equal Protection Clause is concerned only with state action that has the effect of singling out certain persons or groups of persons for special benefits or burdens. Under the traditional doctrinal framework, state action that has this purpose and effect bears a certain burden of justification under the clause, a burden whose stringency varies, depending on the criteria used to define the class being singled out for special treatment and the importance of the interest affected. But state action that lacks such a "discriminatory effect" is not, on the traditional understanding, subject …
Political Thickets And Crazy Quilts: Reapportionment And Equal Protection, Robert B. Mckay
Political Thickets And Crazy Quilts: Reapportionment And Equal Protection, Robert B. Mckay
Michigan Law Review
If asked to identify the two most important cases decided by the Supreme Court of the United States in the twentieth century, informed observers would be likely to name, in whichever order, Brown v. Board of Education and Baker v. Carr.
Legislative Apportionment And Representative Government: The Meaning Of Baker V. Carr, Jo Desha Lucas
Legislative Apportionment And Representative Government: The Meaning Of Baker V. Carr, Jo Desha Lucas
Michigan Law Review
In three recent cases the Supreme Court has reopened the question of the extent to which federal courts will review the general fairness of state schemes of legislative apportionment. It is a question on which the Court has had nothing to say for over a decade, leaving the bar to patch together the current state of the law from the outcome of cases disposed of without opinion considered against a backdrop of language used in earlier decisions.
Residency Requirements For Voting And The Tensions Of A Mobile Society, John R. Schmidhauser
Residency Requirements For Voting And The Tensions Of A Mobile Society, John R. Schmidhauser
Michigan Law Review
It is the purpose of this article to determine the extent to which persons otherwise qualified to vote are disenfranchised by the complex of state residency requirements and to assess the practical and constitutional aspects of any statutory prospects for change.