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Military, War, and Peace

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Georgetown Law Faculty Publications and Other Works

Sex discrimination

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Fighting Women: The Military, Sex, And Extrajudicial Constitutional Change, Jill Elaine Hasday Jan 2008

Fighting Women: The Military, Sex, And Extrajudicial Constitutional Change, Jill Elaine Hasday

Georgetown Law Faculty Publications and Other Works

The Supreme Court in Rostker v. Goldberg (1981) upheld male-only military registration, and endorsed male-only conscription and combat positions. Few cases have challenged restrictions on women's military service since Rostker, and none have reached the Supreme Court. Federal statutes continue to exclude women from military registration and draft eligibility, and military regulations still ban women from some combat positions. Yet many aspects of women's legal status in the military have changed in striking respects over the past quarter century while academic attention has focused elsewhere. Congress has eliminated statutory combat exclusions, the military has opened many combat positions to women, …


Skeptical Scrutiny Of Plenary Power: Judicial And Executive Branch Decision Making In Miller V Albright, Cornelia T. Pillard, T. Alexander Aleinikoff Jan 1998

Skeptical Scrutiny Of Plenary Power: Judicial And Executive Branch Decision Making In Miller V Albright, Cornelia T. Pillard, T. Alexander Aleinikoff

Georgetown Law Faculty Publications and Other Works

In 1996, just a few months after the United States successfully urged the Supreme Court in United States v. Virginia to invalidate as sex-discriminatory the male-only admissions policy at the Virginia Military Institute, the District of Columbia Circuit in Miller v. Albright upheld a federal law that used an express, sex-based distinction. Section 309(a) of the Immigration and Nationality Act (INA) makes it harder for male U.S. citizens than for female citizens to convey their citizenship to their children if those children were born abroad out of wedlock and the other parent was not a U.S. citizen. Notwithstanding the United …