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Articles 1 - 6 of 6
Full-Text Articles in Law
Judge In Gay Marriage Case Subject To Speculation - The Associated Press (Quotes: Gerard Bradley) August 6, 2010, Gerard Bradley
Judge In Gay Marriage Case Subject To Speculation - The Associated Press (Quotes: Gerard Bradley) August 6, 2010, Gerard Bradley
Gerard V. Bradley
Judge in gay marriage case subject to speculation - The Associated Press (Quotes: Gerard Bradley) August 6, 2010
Gerard Bradley, a law professor at the University of Notre Dame, published a Fox News column in the hours before Walker filed his opinion faulting the media for not forcing Walker to address if he had a personal interest in the outcome of the case.
"I am not saying that Judge Walker should have recused himself in Perry v. Schwarzenegger," Bradley said. "I am not saying so because nowhere (as far as I know) has Judge Walker volunteered or been made to …
State Constitutions And The Basic Structure Doctrine, Manoj Mate
State Constitutions And The Basic Structure Doctrine, Manoj Mate
Manoj S. Mate
The Future Of Same-Sex Marriage In California, Elizabeth Hollis
The Future Of Same-Sex Marriage In California, Elizabeth Hollis
Elizabeth Hollis
This article will discuss in detail the issues relating to the rights of same-sex couples wishing to get married in California. First the article examines the history of same-sex marriage in California prior to the most recent Perry v. Brown ruling. The article then focuses on the named plaintiffs in this case, concentrating particularly on their history and how they became involved in the case. Next, the litigation process of Perry v. Brown and the recent decision handed down by Circuit Judge Stephen Reinhardt of the United States Court of Appeals for the Ninth Circuit will be reviewed. Finally, the …
Legal Consciousness And Lgbt Research: The Importance Of Law In The Everyday Lives Of Lgbt Individuals, Nancy J. Knauer
Legal Consciousness And Lgbt Research: The Importance Of Law In The Everyday Lives Of Lgbt Individuals, Nancy J. Knauer
Nancy J. Knauer
The law occupies a prominent place in the everyday lives of LGBT individuals, and the continuing regulation and policing of sexuality and gender weighs heavily on many people who identify as LGBT. Despite remarkable progress in the area of LGBT civil rights, LGBT individuals in the United States still lack formal equality and are denied many of the protections that are afforded other historically disadvantaged groups. These legal disabilities represent an ongoing source of minority stress and can produce a correspondingly high degree of “legal consciousness” within the LGBT community. Given the importance of law in LGBT lives, it is …
Just The Facts: The Perils Of Expert Testimony And Findings Of Fact In Gay Rights Litigation, Libby Adler
Just The Facts: The Perils Of Expert Testimony And Findings Of Fact In Gay Rights Litigation, Libby Adler
Libby S. Adler
ABSTRACT Just the Facts: The Perils of Expert Testimony and Findings of Fact in Gay Rights Litigation Before Perry v. Schwarzenegger, striking down Proposition 8 in California, the judicial victories for same-sex marriage all had been decided on motions for summary judgment. None required the testimony of witnesses; none produced a trial transcript; none resulted in findings of fact. But Judge Vaughn Walker of the Northern District of California presided over a trial. He made eighty separate factual findings, many of them facts about gay people drawn from the testimony of plaintiffs’ experts – and many are contradictory. The plaintiffs …
On Equality: The Anti-Interference Principle, Donald J. Kochan
On Equality: The Anti-Interference Principle, Donald J. Kochan
Donald J. Kochan
This Essay introduces the “Anti-Interference Principle” – a new term on the meaning of equality, or at least one not yet so-named in the equality lexicon – as a necessary foundation for achieving the goal of true equality. Equality has a long-standing place in the discussion of politics and jurisprudence and remains a struggle of definition today. Rather than rehash the mass of scholarship, this Essay seeks to summarize the general equality concept, and propose that the legal discourse on equality center on a requirement that governmental power must protect and respect equal treatment and opportunity, unconstrained, not equal outcomes. …