Law Commons^™

I Do' Kiss And Tell: The Subversive Potential Of Non-Normative Socialsexual Expression From Within Cultural Paradigms, Elaine Craig

Dalhousie Law Journal

Using a comparative analysis of the equality movements of sexual minorities in Canada and India the author identifies a symbiosis between the subversive benefits of a deconstructionist approach to equality and the practical achievements to be gained by a rights-based model of social justice. The analysis is conducted through an examination of the role that the expression of same-sex desire plays in the legal and social positions of sexual minorities in Canada and India The author argues that the acquisition of rights can provide sexual minorities with greater access to dominant cultural rituals and that such access provides opportunities to …

Foreword: Pursuing Equal Justice In The West, Lynne Henderson

Nevada Law Journal

No abstract provided.

The Mississippi Of The West?, Michael S. Green

Nevada Law Journal

No abstract provided.

Brown'S Legacy Then And Now: Race And Law School Admissions Debates Continue After Nearly 70 Years, Lauren M. Collins

Law Faculty Articles and Essays

Next month marks the 50th anniversary of the landmark desegregation case Brown v. Board of Education. Although this case represents a major victory in the battle for civil rights, the struggle against racism in education began some 20 years prior to Brown. During the 1930s and 1940s, at least seven African-American law school candidates aggressively challenged the unequal treatment of minority applicants in state courts, some eventually reaching the U.S. Supreme Court. Early successes in these cases lead to the more sweeping Brown decision, which then contributed to further law school admission policy reform. Discussion about the role of …

Restructuring The Marital Bedroom: The Role Of The Privacy Doctrine In Advocating The Legalization Of Same-Sex Marriage, Nadine A. Gartner

Michigan Journal of Gender & Law

Part I of this paper examines the reasons underlying queer rights advocates' reluctance to insert privacy arguments into the case for legalizing same-sex marriage. Part II illustrates that, due to such disinclination, advocates transformed notions of privacy into concepts of liberty. Part III argues that, after the Lawrence decision, proponents of same-sex marriage can and should use privacy-based arguments to fortify their claims.

Federalism Re-Constructed: The Eleventh Amendment's Illogical Impact On Congress' Power, Marcia L. Mccormick

All Faculty Scholarship

The Constitution is designed to protect individual liberty and equality by diffusing power among the three branches of the federal government and between the federal and state governments, and by providing a minimum level of protection for individual rights. Yet, the Supreme Court seems to think that federalism is about protecting states as states rather than balancing governmental power to protect individuals. In the name of federalism, the Supreme Court has been paring away at Congress' power to enact civil rights legislation. In doing so, it has transformed the Fourteenth Amendment into a vehicle for protecting states rights rather than …

The Judicial Betrayal Of Blacks - Again: The Supreme Court's Destruction Of The Hopes Raised By Brown V. Board Of Education, Nathaniel R. Jones

Fordham Urban Law Journal

This Article discusses the history of school desegregation beginning with the pivotal decision in Brown v. Board of Education and noting the hopes that the case raised for black americans. The Article notes the resistance that Brown faced, especially from political forces who began to subvert the desegregation process, and examines the Supreme Court's subsequent decisions which aimed to secure Brown's objectives. The Article also examines the desegregation attempts in the North and discusses the difficulties plaintiffs faced in proving racial discrimination in school districts. The Article concludes by stating that the commitment to desegregation is waring and that segregation …

"Press Prudence," Nazi Student Orders, And Jim Crow, Louis H. Pollak

Fordham Urban Law Journal

This Article discusses the 1931 decision of the Austrian Constitutional Court in which it was held that rules promulgated by the University of Vienna, which aimed to separate the student body into four ethnically-defined nations, were invalid. The Article notes the striking similarities of the case to Brown v. Board of Education and other American equal protection education cases. In examining the decision the article states that in declining to uphold an equivalent to the 'separate but equal' doctrine, the Austrian justices did for Austrian law what Plessy had failed to do for US law thirty five years before. The …

Race And Equality Across The Law School Curriculum: The Law Of Tax Exemption, David A. Brennen

Law Faculty Scholarly Articles

What is the relevance of race to tax law? The race issues are apparent when one studies a subject like constitutional law. The Constitution concerns itself explicitly with such matters as defining rights of citizenship, allocating powers of government, and determining rights with respect to property. Given the history of our country -- with slavery followed by periods of de jure and de facto racial discrimination -- these constitutional law matters obviously must have racial dimensions.

Tax law, however, does not generally concern itself explicitly with matters of race. Tax law is often thought of as completely race neutral in …

Celebrating Accomplishments In Equality, Sharon Breckenridge Thomas

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

Celebrating Accomplishments In Equality, Sharon Breckenridge Thomas

S. Breckenridge Thomas

No abstract provided.