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The Loving Analogy: Race And The Early Same-Sex Marriage Debate, Samuel W D Walburn 2017 Purdue University

The Loving Analogy: Race And The Early Same-Sex Marriage Debate, Samuel W D Walburn

The Purdue Historian

In the early same-sex marriage debates advocates and opponents of marriage equality often relied upon comparing mixed-race marriage jurisprudence and the Loving v Virginia decision in order to conceptualize same-sex marriage cases. Liberal commentators relied upon the analogy between the Loving decision in order to carve out space for the protection of same-sex marriage rights. Conservative scholars, however, denounced the equal protection and due process claims that relied on the sameness of race and sexuality as inexact parallels. Finally, queer and black radicals called the goal of marriage equality into question by highlighting the white supremacist and heterosexist nature of ...


The Establishment Clause - The Expanding Definition Of Excessive Entanglement: Gilfillan V. City Of Philadelphia, Joseph J. Tesoriero 2017 St. John's University School of Law

The Establishment Clause - The Expanding Definition Of Excessive Entanglement: Gilfillan V. City Of Philadelphia, Joseph J. Tesoriero

The Catholic Lawyer

No abstract provided.


Associations And The Constitution: Four Questions About Four Freedoms, Nelson Tebbe 2017 Brooklyn Law School

Associations And The Constitution: Four Questions About Four Freedoms, Nelson Tebbe

Nelson Tebbe

No abstract provided.


Tinkering With Tinker: Applying A New Test To Peer On Peer Bullying In Social Media, January Turner 2017 University of Oklahoma College of Law

Tinkering With Tinker: Applying A New Test To Peer On Peer Bullying In Social Media, January Turner

Oklahoma Journal of Law and Technology

No abstract provided.


Luther V. Borden: A Taney Court Mystery Solved, Louise Weinberg 2017 University of Texas Law School

Luther V. Borden: A Taney Court Mystery Solved, Louise Weinberg

Pace Law Review

It has not been generally remarked that Chief Justice Taney wrote surprisingly few of the Taney Court’s major opinions—those cases that tend to be anthologized and remembered by generalists. Those major cases which Taney did write are consistently about slavery (or states’ rights or state powers, which in Taney’s mind may have amounted to the same thing). There is a notable exception: Luther v. Borden—a case about the Guarantee Clause. This raises a question. Setting aside his opinions on slavery or states’ rights, what could have moved the author of Dred Scott, by consensus the worst ...


Critical Abortion Litigation, Dennis J. Hoaran, Hinshaw, Culbertson, Hobon & Fuller Chicago, Illinois 2017 St. John's University School of Law

Critical Abortion Litigation, Dennis J. Hoaran, Hinshaw, Culbertson, Hobon & Fuller Chicago, Illinois

The Catholic Lawyer

No abstract provided.


Photography And The Right To Privacy: The French And American Approaches, W. J. Wagner 2017 St. John's University School of Law

Photography And The Right To Privacy: The French And American Approaches, W. J. Wagner

The Catholic Lawyer

No abstract provided.


National Origin Discrimination Against Americans Of Southern And Eastern European Ancestry: A Review Of The Legal History And Judicial Interpretations, Rachel Rossoni Munafo 2017 St. John's University School of Law

National Origin Discrimination Against Americans Of Southern And Eastern European Ancestry: A Review Of The Legal History And Judicial Interpretations, Rachel Rossoni Munafo

The Catholic Lawyer

No abstract provided.


Of Carrots And Sticks: General Jurisdiction And Genuine Consent, Craig Sanders 2017 Northwestern University Pritzker School of Law

Of Carrots And Sticks: General Jurisdiction And Genuine Consent, Craig Sanders

Northwestern University Law Review

The United States Supreme Court’s 2014 decision in Daimler AG v. Bauman changed how the courts will determine whether companies should be subject to general personal jurisdiction. In 1945, Pennoyer v. Neff’s geographical fixation gave way to International Shoe Co. v. Washington, which provided a test for courts to determine whether corporations had sufficient contact with a forum to meet the bar for personal jurisdiction there. Specific jurisdiction requires “minimum contacts,” provided the action is satisfactorily related to the forum. However, to be subject to general jurisdiction, a corporation must possess more than just “minimum contacts,” and claimants ...


Dissenting From History: The False Narratives Of The Obergefell Dissents, Christopher R. Leslie 2017 University of California - Irvine

Dissenting From History: The False Narratives Of The Obergefell Dissents, Christopher R. Leslie

Indiana Law Journal

According to a quote attributed to numerous philosophers and political leaders, “History is written by victors.”1 In the legal battle over same-sex marriage, those opposed to marriage equality have attempted to disprove this age-old adage. In response to the majority opinion in Obergefell v. Hodges—which held that state laws banning same-sex marriage violate the Fourteenth Amendment—each of the four dissenting Justices issued his own dissenting opinion. Every one of these dissents misrepresented the circumstances and precedent leading up to the Obergefell decision. Collectively, the Obergefell dissenters have valiantly tried to rewrite America’s legal, constitutional, and social ...


Federal Habeas Review Of State Court Convictions: Incoherent Law But An Essential Right, Lynn Adelman 2017 University of Maine School of Law

Federal Habeas Review Of State Court Convictions: Incoherent Law But An Essential Right, Lynn Adelman

Maine Law Review

I thank the editors of the Maine Law Review for the opportunity to participate in a discussion about the present state of post-conviction review of criminal convictions. This discussion is important and timely both because the quality of the procedures by which state prisoners can obtain post-conviction review varies greatly from state to state and because state prisoners who seek federal court review of their constitutional claims by petitioning for a writ of habeas corpus face many obstacles. As a federal district judge, my experience is primarily with the later problem. Thus, in this article, I will offer a few ...


Pushing The Limits: Reining In Ohio's Residency Restrictions For Sex Offenders, Taurean J. Shattuck 2017 Cleveland-Marshall College of Law

Pushing The Limits: Reining In Ohio's Residency Restrictions For Sex Offenders, Taurean J. Shattuck

Cleveland State Law Review

The danger to children posed by convicted sex offenders living near schools, parks, and bus stops has been greatly exaggerated by the media. In turn, many state legislatures have attempted to find solutions to this perceived problem, imposing sanctions that seem to keep the "problem" at bay. A relatively new approach prevents those convicted of sex crimes from living within a certain distance of places where children congregate. Ohio is one of the states that has adopted this approach. The problem with this approach, however, is that imposing such restrictions on all individuals convicted of certain crimes imposes barriers to ...


Undue Process: A Father's Proprietary Interest In An Embryo And Its Clash With Casey, Anthony Jose Sirven 2017 University of Florida Levin College of Law

Undue Process: A Father's Proprietary Interest In An Embryo And Its Clash With Casey, Anthony Jose Sirven

Florida Law Review

In Planned Parenthood of Missouri v. Danforth and Planned Parenthood of Southeastern Pennsylvania v. Casey, the United States Supreme Court respectively held that it is unconstitutional to require a mother to seek consent from or to notify the father before she has an abortion. Fathers thus lost consent and notification rights. However, courts have recently begun to recognize a property interest in human embryos. This legal trend—resulting from the widespread use of assisted reproductive technology—could allow fathers to claim that the abortion of their unborn children violates the Due Process Clause, which protects people from being deprived of ...


Voting Rights And The History Of Institutionalized Racism: Criminal Disenfranchisement In The United States And South Africa, Brock A. Johnson 2017 University of Georgia School of Law

Voting Rights And The History Of Institutionalized Racism: Criminal Disenfranchisement In The United States And South Africa, Brock A. Johnson

Georgia Journal of International & Comparative Law

No abstract provided.


The Boundaries Of Partisan Gerrymandering, John M. Greabe 2017 University of New Hampshire School of Law

The Boundaries Of Partisan Gerrymandering, John M. Greabe

Legal Scholarship

[Excerpt] “In my most recent column, I expressed concern about the effectiveness of the constitutional decision rules that currently govern gerrymandering – the redrawing of electoral districts in a manner that favors the incumbent majority at the expense of those out of power.

Briefly, the Constitution has not been interpreted to prohibit redistricting with an eye toward advancing the interests of the political party in power. But it has been interpreted to bar legislators from redistricting on racial grounds – at least in most circumstances.

The problem is that voters from certain racial groups tend to vote overwhelmingly for a single party ...


Reflection: How Multiracial Lives Matter 50 Years After Loving, Lauren Sudeall Lucas 2017 Georgia State University College of Law

Reflection: How Multiracial Lives Matter 50 Years After Loving, Lauren Sudeall Lucas

Lauren Sudeall Lucas

Black Lives Matter. All Lives Matter. These two statements are both true, but connote very different sentiments in our current political reality. To further complicate matters, in this short reflection piece, I query how multiracial lives matter in the context of this heated social and political discussion about race. As a multiracial person committed to racial justice and sympathetic both to those pushing for recognition of multiracial identity and to those who worry such recognition may undermine larger movements, these are questions I have long grappled with both professionally and personally. Of course, multiracial lives matter - but do they constitute ...


Race, Partisan Gerrymandering And The Constitution, John M. Greabe 2017 University of New Hampshire School of Law

Race, Partisan Gerrymandering And The Constitution, John M. Greabe

Legal Scholarship

[Excerpt] “For the most part, the Constitution speaks in generalities. The 14th Amendment, for example, instructs the states to provide all persons the "equal protection of the laws." But obviously, this cannot mean that states are always forbidden from treating a person differently than any other person. Children can, of course, be constitutionally barred from driving, notwithstanding the Equal Protection Clause. Thus, there is a need within our constitutional system to refine the Constitution's abstract provisions.”


The Legacy Of Slavery And The Continued Marginalization Of Communities Of Color Within The Legal System, Julia N. Alvarez 2017 The Graduate Center, City University of New York

The Legacy Of Slavery And The Continued Marginalization Of Communities Of Color Within The Legal System, Julia N. Alvarez

All Graduate Works by Year: Dissertations, Theses, and Capstone Projects

The aim of this thesis paper is to demonstrate how the history of slavery in the United States continues to marginalize communities of color. The history of slavery in America was the result of various factors. Some of these factors included but were not limited to; economic, legal, and social. Slavery provided a reliable and self-reproducing workforce. The laws enacted during slavery ensured the continuation of the social order of the time. This social order was based on the generalized understanding that blacks were born into servitude. Those born into slavery were not given the same legal or economic status ...


Qualified Immunity: 1983 Litigation In The Public Employment Context, Erwin Chemerinsky 2017 Selected Works

Qualified Immunity: 1983 Litigation In The Public Employment Context, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Look Back At The Rehnquist Era And An Overview Of The 2004 Supreme Court Term, Erwin Chemerinsky 2017 Touro Law School

Look Back At The Rehnquist Era And An Overview Of The 2004 Supreme Court Term, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


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