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Full-Text Articles in Law
The Power Of Dignity, Elizabeth B. Cooper
The Power Of Dignity, Elizabeth B. Cooper
Fordham Law Review
This Essay juxtaposes the historical and judicial equating of homosexuality and stigma with the Court’s development of a jurisprudence of dignity for gay men and lesbians, culminating in its decision in Obergefell v. Hodges. The language of Obergefell reflects an acceptance of and respect for gay men and lesbians that—regardless of one’s actual desire to marry or attitudes toward the institution of marriage—will profoundly change not only how the law treats LGB individuals, but also how we are treated by others, as well as how we perceive ourselves. I do not mean to assert that Obergefell is without its …
Roberts, Kennedy, And The Subtle Differences That Matter In Obergefell, Joseph Landau
Roberts, Kennedy, And The Subtle Differences That Matter In Obergefell, Joseph Landau
Fordham Law Review
By upholding a nationwide right to marry for same-sex couples in Obergefell v. Hodges, the Supreme Court’s enormously significant decision resolves a major civil rights question that has percolated through our legal system and coursed through our culture for some time. The ruling was not an unforeseen outcome, but it brings welcome clarity by ensuring marriage rights for same-sex couples throughout all fifty states. Building on United States v. Windsor—a 2013 decision striking down section 3 of the Defense of Marriage Act (DOMA), which prevented gay and lesbian married couples from receiving federal benefits—Obergefell is an important and …
Hail Marriage And Farewell, Ethan J. Leib
Hail Marriage And Farewell, Ethan J. Leib
Fordham Law Review
My conclusion in what follows is that, notwithstanding much rhetoric in the opinion, states have some room to rethink marriage in light of marriage equality. And with some intellectual jujitsu, this opening to rethink the state’s place in relational ordering gives marriage-skeptics another bite at the apple to get something they wanted all along: to decenter the largely religious, gendered, and bourgeois institution of marriage. Justice Kennedy’s opinion has the unfortunate result of reaffirming marriage at the top of a relational hierarchy, yet there are surely other ways we can have civil rights and equality for gay people without marriage …
Up From Marriage: Freedom, Solitude, And Individual Autonomy In The Shadow Of Marriage Equality, Catherine Powell
Up From Marriage: Freedom, Solitude, And Individual Autonomy In The Shadow Of Marriage Equality, Catherine Powell
Fordham Law Review
Obergefell v. Hodges represents a tremendous victory for those of us who believe that each individual has the right to love, form bonds, and create families with whomever one so desires. Through Obergefell and the line of cases from Griswold v. Connecticut and Loving v. Virginia onward, the Court has now repeatedly affirmed the freedoms to plan, to choose, and to create one’s own family as fundamental.
Perspectives On Marriage Equality And The Supreme Court, The Editors
Perspectives On Marriage Equality And The Supreme Court, The Editors
Fordham Law Review
On June 26, 2015, the U.S. Supreme Court decided Obergefell v. Hodges, one of the most significant civil rights decisions in recent years. For many of our generation, the Court’s conclusion that same-sex couples enjoy the constitutional right to marry simply confirmed deeply held beliefs about the importance of marriage equality and inclusion for all. We recognize, however, that for American society more broadly, the decision has evoked strong feelings on both sides of the marriage equality debate. For some, Obergefell delivered a unique gift that was unimaginable even a few decades ago: the ability of same-sex couples to …
Obergefell'S Conservatism: Reifying Familial Fronts, Clare Huntington
Obergefell'S Conservatism: Reifying Familial Fronts, Clare Huntington
Fordham Law Review
I am delighted with the result in Obergefell v. Hodges, but I am unhappy with the Court’s reasoning. In lieu of a straightforward, and far more defensible, decision based purely on the Equal Protection Clause, Justice Kennedy’s reliance on the Due Process Clause is deeply problematic.
Race, Dignity, And The Right To Marry, Robin A. Lenhardt
Race, Dignity, And The Right To Marry, Robin A. Lenhardt
Fordham Law Review
Justice Kennedy’s majority opinion in Obergefell v. Hodges asserts legal marriage’s capacity to afford same-sex couples a measure of “equal dignity” and belonging too long denied. In this Essay, I ask whether there is any reason to believe that marriage could do the same for African Americans. Could broader entrance into marriage, as some conservatives suggest, provide Blacks—gay and straight—a measure of belonging that has been frustratingly elusive, even as the nation prepares to celebrate the one hundred and fiftieth anniversary of the Thirteenth Amendment’s ratification?
The President’S Plan Respecting The Supreme Court, Ignatius M. Wilkinson
The President’S Plan Respecting The Supreme Court, Ignatius M. Wilkinson
Fordham Law Review
To commemorate our founding in 1914, the Board of Editors has selected six influential pieces published by the Law Review over the past 100 years and will republish one piece in each issue.
The second piece selected by the Board is the testimony of Ignatius M. Wilkinson, the fourth and longest-serving dean of Fordham Law School (1923–1954), to the Judicial Committee of the U.S. Senate. Speaking to the Committee on the Judiciary, Wilkinson criticized the Franklin D. Roosevelt Judiciary Reorganization Bill of 1937 because it would “undermine the independence of the courts” and “shake[] the foundations of our constitutional structure.” …
The Dangerous Law Of Biological Race, Khiara M. Bridges
The Dangerous Law Of Biological Race, Khiara M. Bridges
Fordham Law Review
The idea of biological race—a conception of race that postulates that racial groups are distinct, genetically homogenous units—has experienced a dramatic resurgence in popularity in recent years. It is commonly understood, however, that the U.S. Supreme Court has rejected the idea that races are genetically uniform groupings of individuals. Almost a century ago, the Court famously appeared to recognize the socially constructed nature of race. Moreover, the jurisprudence since then appears to reaffirm this disbelief: within law, race is understood to be a social construction, having no biological truth to it at all. Yet upon closer examination, the Court’s apparent …
The Representative Equality Principle: Disaggregating The Equal Protection Intent Standard, Bertrall L. Ross Ii
The Representative Equality Principle: Disaggregating The Equal Protection Intent Standard, Bertrall L. Ross Ii
Fordham Law Review
Challenges under the Equal Protection Clause require proof of intentional discrimination. Though rarely questioned by legal scholars or the courts, that conventional account cannot explain the success of equal protection challenges to electoral structures that dilute the vote of racial minorities. In the Supreme Court’s most recent decisions on vote dilution, the Court has invalidated local electoral structures under the Equal Protection Clause to the extent that they deprive African Americans of the opportunity for effective representation in the political process. The Court has reached its decisions despite the absence of any proof of intentional discrimination in the adoption of …
Text As Truce: A Peace Proposal For The Supreme Court's Costly War Over The Eleventh Amendment, Andrew B. Coan
Text As Truce: A Peace Proposal For The Supreme Court's Costly War Over The Eleventh Amendment, Andrew B. Coan
Fordham Law Review
No abstract provided.
Reevaluating The Debate Surrounding The Supreme Court's Use Of Foreign Precendent, Osmar J. Benvenuto
Reevaluating The Debate Surrounding The Supreme Court's Use Of Foreign Precendent, Osmar J. Benvenuto
Fordham Law Review
No abstract provided.
The Law Of Typicality: Examining The Procedural Due Process Implications Of Sandin V. Conner, Donna H. Lee
The Law Of Typicality: Examining The Procedural Due Process Implications Of Sandin V. Conner, Donna H. Lee
Fordham Law Review
Although the Due Process Clause of the Fourteenth Amendment has long protected against deprivations that implicate state-created liberty interests as well as core constitutional concerns, the Supreme Court changed course in liberty interest jurisprudence in Sandin v. Conner. It retreated from a positivist approach and articulated a new test for determining when a prisoner's claim warrants procedural due process. The Court held that the challenged action must impose an "atypical and significant" hardship, but provided little guidance on how to measure typicality and significance. This Article proposes a methodology for examining typicality that is grounded in empirical evidence and advocates …
Zelman V. Simmons-Harris: Is The Supreme Court's Latest Word On School Voucher Programs Really The Last Word?, Sara J. Crisafulli
Zelman V. Simmons-Harris: Is The Supreme Court's Latest Word On School Voucher Programs Really The Last Word?, Sara J. Crisafulli
Fordham Law Review
No abstract provided.
Something Wicked This Way Comes: Constitutional Transformation And The Growing Power Of The Supreme Court, Matthew B. Stein
Something Wicked This Way Comes: Constitutional Transformation And The Growing Power Of The Supreme Court, Matthew B. Stein
Fordham Law Review
No abstract provided.
How Conservative Is The Rehnquist Court--Three Issues, One Answer, Staci Rosche
How Conservative Is The Rehnquist Court--Three Issues, One Answer, Staci Rosche
Fordham Law Review
No abstract provided.
Assisted Suicide, The Due Process Clause And "Fidelity In Translation", Willard C. Shih
Assisted Suicide, The Due Process Clause And "Fidelity In Translation", Willard C. Shih
Fordham Law Review
No abstract provided.
The Supreme Court And Freedom Of Expression From 1791 To 1917, Michael T. Gibson
The Supreme Court And Freedom Of Expression From 1791 To 1917, Michael T. Gibson
Fordham Law Review
No abstract provided.
National League Of Cities V. Usery―The Commerce Power And State Sovereignty Redivivus , Bernard Schwartz
National League Of Cities V. Usery―The Commerce Power And State Sovereignty Redivivus , Bernard Schwartz
Fordham Law Review
No abstract provided.
United States Trust Company Of New York V. New Jersey―The Contract Clause In A Complex Society, Robert A. Mctamaney
United States Trust Company Of New York V. New Jersey―The Contract Clause In A Complex Society, Robert A. Mctamaney
Fordham Law Review
No abstract provided.
Quasi In Rem On The Heels Of Shaffer V. Heitner: If International Shoe Fits . . ., Suzanne T. Marquard
Quasi In Rem On The Heels Of Shaffer V. Heitner: If International Shoe Fits . . ., Suzanne T. Marquard
Fordham Law Review
No abstract provided.
Reason And The Fourth Amendment―The Burger Court And The Exclusionary Rule , Norman M. Robertson
Reason And The Fourth Amendment―The Burger Court And The Exclusionary Rule , Norman M. Robertson
Fordham Law Review
No abstract provided.
Lobbying The Supreme Court—An Appraisal Of "Political Science Folklore", Nathan Hakman
Lobbying The Supreme Court—An Appraisal Of "Political Science Folklore", Nathan Hakman
Fordham Law Review
No abstract provided.
Interrogation Of Criminal Defendants—Some Views On Miranda V. Arizona
Interrogation Of Criminal Defendants—Some Views On Miranda V. Arizona
Fordham Law Review
The decision in Miranda v. Arizona is another of the United States Supreme Court's major efforts directed at the protection of individual liberties. The tremendous controversy engendered by the decision prompted the Editorial Board to invite a number of scholars to express their views on the case. These remarks follow a digest of the opinion of the Court.
Amicus Curiae—Minister Of Justice, Edmund Ruffin Beckwith, Rudolf Sobernheim
Amicus Curiae—Minister Of Justice, Edmund Ruffin Beckwith, Rudolf Sobernheim
Fordham Law Review
No abstract provided.
Religious Liberty And The Supreme Court Of The United States, Godfrey P. Schmidt
Religious Liberty And The Supreme Court Of The United States, Godfrey P. Schmidt
Fordham Law Review
No abstract provided.
The President's Plan Respecting The Supreme Court, Ignatius M. Wilkinson
The President's Plan Respecting The Supreme Court, Ignatius M. Wilkinson
Fordham Law Review
No abstract provided.
The Advisory Opinion And The United States Supreme Court
The Advisory Opinion And The United States Supreme Court
Fordham Law Review
No abstract provided.