Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Supreme Court of the United States (4)
- Military, War, and Peace (3)
- Civil Rights and Discrimination (2)
- Constitutional Law (2)
- Environmental Law (2)
-
- Health Law and Policy (2)
- Immigration Law (2)
- Jurisprudence (2)
- Law and Society (2)
- Legal Ethics and Professional Responsibility (2)
- Legislation (2)
- Oil, Gas, and Mineral Law (2)
- State and Local Government Law (2)
- Courts (1)
- Election Law (1)
- Fourteenth Amendment (1)
- Law and Race (1)
- Legal History (1)
- Legal Remedies (1)
- President/Executive Department (1)
- Institution
Articles 1 - 7 of 7
Full-Text Articles in Law
The Constitution, The White House, And The Military Hiv Ban: A New Threshold For Presidential Non-Defense Of Statutes, Chrysanthe Gussis
The Constitution, The White House, And The Military Hiv Ban: A New Threshold For Presidential Non-Defense Of Statutes, Chrysanthe Gussis
University of Michigan Journal of Law Reform
The President's constitutional duty to 'take Care that the Laws be faithfully executed" implies that the President is entrusted with the responsibility to defend those laws against court challenges. On occasion, however, Presidents faced with legislation that they deem unconstitutional have declined to defend that legislation against legal challenges. On February 10, 1996, President Clinton declined to defend a provision included in the National Defense Authorization Act for Fiscal Year 1996 that required discharge from the military of all HIV-positive servicemembers because he believed that the provision violated the Equal Protection Clause of the Fourteenth Amendment. This Note explores whether …
Equal Protection, Class Legislation, And Colorblindness, Melissa L. Saunders
Equal Protection, Class Legislation, And Colorblindness, Melissa L. Saunders
Michigan Law Review
Scholars and judges have long assumed that the Equal Protection Clause is concerned only with state action that has the effect of singling out certain persons or groups of persons for special benefits or burdens. Under the traditional doctrinal framework, state action that has this purpose and effect bears a certain burden of justification under the clause, a burden whose stringency varies, depending on the criteria used to define the class being singled out for special treatment and the importance of the interest affected. But state action that lacks such a "discriminatory effect" is not, on the traditional understanding, subject …
The Unwelcome Judicial Obligation To Respect Politics In Racial Gerrymandering Remedies, Jeffrey L. Fisher
The Unwelcome Judicial Obligation To Respect Politics In Racial Gerrymandering Remedies, Jeffrey L. Fisher
Michigan Law Review
Like it or not, the attack on "bizarrely" shaped majority-minority electoral districts is now firmly underway. Nearly four years have passed since the Supreme Court first announced in Shaw v. Reno that a state's redistricting plan that is "so extremely irregular on its face that it rationally can be viewed only as an effort to segregate the races for purposes of voting" may violate the Equal Protection Clause. Such a district, the Court held, reinforces racial stereotypes, carries us further from the goal of a political system in which race no longer matters, and "threatens to undermine our system of …
Discrimination Cases, Eileen Kaufman
The Supreme Court's "Exceedingly [Un]Persuasive" Application Of Intermediate Scrutiny In United States V. Virginia, Jeffrey A. Barnes
The Supreme Court's "Exceedingly [Un]Persuasive" Application Of Intermediate Scrutiny In United States V. Virginia, Jeffrey A. Barnes
University of Richmond Law Review
The Supreme Court's decision in the case of United States v. Virginia in June of 1996 was a landmark decision that could change how future courts approach and resolve gender-based equal protection claims. The Supreme Court held that the Virginia Military Institute (VMI) could no longer continue its male-only admissions policy as a state-funded institution of higher education. The Court's apparent heightening of the level of scrutiny applied to gender-based classifications from the previously used intermediate scrutiny to an ambiguous standard either somewhere between the traditional intermediate scrutiny and strict scrutiny, or, in effect, a standard equivalent to strict scrutiny, …
Anti-Immigrant Backlash And The Role Of The Judiciary: A Proposal For Heightened Review Of Federal Laws Affecting Immigrants Comment., Valerie L. Barth
Anti-Immigrant Backlash And The Role Of The Judiciary: A Proposal For Heightened Review Of Federal Laws Affecting Immigrants Comment., Valerie L. Barth
St. Mary's Law Journal
The hostile environment in the United States toward immigrants, as indicated by the Welfare Reform Act and Proposition 187, calls for a more meaningful judicial review of laws affecting immigrants. Although subjecting the federal government’s actions regarding immigrants to heightened review might seem to be a radical step, this Comment will explain why such a move is necessary. Part II discusses historical justifications for subjecting state and federal laws affecting immigrants to different levels of scrutiny under the Equal Protection Clause. Part III presents arguments for labeling immigrants a “suspect” class. Part IV considers the constitutionality of the Welfare Reform …
The Fourteenth Amendment And Title Ix: A Solution To Peer Sexual Harassment Comment., Connie C. Flores
The Fourteenth Amendment And Title Ix: A Solution To Peer Sexual Harassment Comment., Connie C. Flores
St. Mary's Law Journal
Despite the high occurrence of sexual harassment in schools, many school officials, who are aware of the abuse, do nothing to prevent it. Yet, some officials are beginning to recognize peer abuse is not acceptable due to the detrimental effects on students. As a result, many schools have implemented successful programs to prevent peer harassment. Furthermore, when schools have not responded adequately to the problem, student victims have turned to the courts, suing schools for failure to ensure an environment free from discrimination. Although victims have had little success in taking these cases to court, constitutional and statutory provisions exist …