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Articles 1 - 3 of 3
Full-Text Articles in Law
Equal Protection Under The Carceral State, Aya Gruber
Equal Protection Under The Carceral State, Aya Gruber
Publications
McCleskey v. Kemp, the case that upheld the death penalty despite undeniable evidence of its racially disparate impact, is indelibly marked by Justice William Brennan’s phrase, “a fear of too much justice.” The popular interpretation of this phrase is that the Supreme Court harbored what I call a “disparity-claim fear,” dreading a future docket of racial discrimination claims and erecting an impossibly high bar for proving an equal protection violation. A related interpretation is that the majority had a “color-consciousness fear” of remedying discrimination through race-remedial policies. In contrast to these conventional views, I argue that the primary anxiety …
Arguing With The Building Inspector About Gender-Neutral Bathrooms, Jennifer S. Hendricks
Arguing With The Building Inspector About Gender-Neutral Bathrooms, Jennifer S. Hendricks
Publications
Conventional interpretations of building codes are among the greatest barriers to building the gender-neutral bathrooms of the future. Focusing on the example of schools, this Essay argues for a reinterpretation of the International Building Code in light of its policy goals: safe, private, and equitable access to public bathrooms. Under this reinterpretation, the Code allows all public bathrooms to be gender-neutral.
Preclusion Law As A Model For National Injunctions, Suzette M. Malveaux
Preclusion Law As A Model For National Injunctions, Suzette M. Malveaux
Publications
No abstract provided.