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Articles 1 - 5 of 5
Full-Text Articles in Law
Judicial Diversity After Shelby County V. Holder, William Roth
Judicial Diversity After Shelby County V. Holder, William Roth
Michigan Law Review First Impressions
In 2014, voters in ten of the fifteen states previously covered by the Voting Rights Act ("VRA") preclearance formula-including six of the nine states covered in their entirety-will go to the polls to elect or retain state supreme court justices. Yet despite the endemic underrepresentation of minorities on state benches and the judiciary's traditional role in fighting discrimination, scholars have seemingly paid little attention to how Shelby County v. Holder's suspension of the coverage formula in section 4(b) has left racial minorities vulnerable to retrogressive changes to judicial-election laws. The first election year following Shelby County thus provides a compelling …
The Ninth Circuit's Treatment Of Sexual Orientation: Defining “Rational Basis Review With Bite”, Ian Bartrum
The Ninth Circuit's Treatment Of Sexual Orientation: Defining “Rational Basis Review With Bite”, Ian Bartrum
Michigan Law Review First Impressions
On February 10, Nevada's Democratic attorney general decided to stop defending the state's constitutional amendment banning same-sex marriage, which is currently under review in the U.S. Court of Appeals for the Ninth Circuit. Perhaps even more surprising, Nevada's Republican governor agreed with that decision, concluding that the "case is no longer defensible in court." Ironically, all of this came after the plaintiffs had lost their case in the district court. But the federal constitutional landscape surrounding same-sex marriage is rapidly shifting, and in the nation's largest circuit change is coming quickly indeed. The latest upheaval—the decision that in fact prompted …
Globally Speaking—Honoring The Victims' Stories: Matsuda's Human Rights Praxis, Berta Esperanza Hernández-Truyol
Globally Speaking—Honoring The Victims' Stories: Matsuda's Human Rights Praxis, Berta Esperanza Hernández-Truyol
Michigan Law Review First Impressions
Globally speaking, international law and the vast majority of domestic legal systems strive to protect the right to freedom of expression. The United States' First Amendment provides an early historical protection of speech-a safeguard now embraced around the world. The extent of this protection, however, varies among states. The United States stands alone in excluding countervailing considerations of equality, dignitary, or privacy interests that would favor restrictions on speech. The gravamen of the argument supporting such American exceptionalism is that free expression is necessary in a democracy. Totalitarianism, the libertarian narrative goes, thrives on government control of information to the …
Introduction By The Editors, Michigan Law Review
Introduction By The Editors, Michigan Law Review
Michigan Law Review First Impressions
This Essay opens a Symposium honoring the contribution of Mari Matsuda to American legal scholarship. The first Asian American female to gain tenure at a U.S. law school, she helped establish a scholarly movement-critical race theory-that reshaped several academic disciplines. She also was the first to propose a new perspective-looking to the bottom-in which judges and activists would evaluate legal practices from the perspective of the least advantaged members of society. With pathbreaking articles on hate speech, accent discrimination, legal history, affirmative action, feminist legal theory, and the politics of coalition, Matsuda has left her mark on numerous areas of …
Let's Get Married: An Essay In Honor Of Mari Matsuda, Richard Delgado
Let's Get Married: An Essay In Honor Of Mari Matsuda, Richard Delgado
Michigan Law Review First Impressions
Most unbiased evaluations of marriage as an institution consider it an unmitigated benefit, at least for those who enter into it willingly and avoid the shoals of divorce. Married people report higher levels of happiness than their unmarried counterparts, live longer, and lead healthier lives. They are less depressed, drink less, and report more satisfaction with their status than those who have never married or are divorced. The benefits of marriage also accrue to the children of married couples. The children of intact couples, whether straight or gay, are happier and more well adjusted, on average, than those of either …