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Articles 1 - 9 of 9
Full-Text Articles in Law
Judicial Strict Scrutiny And Administrative Compliance: The Case Of Public Contracting Preferences, George R. La Noue, Matthew Speake
Judicial Strict Scrutiny And Administrative Compliance: The Case Of Public Contracting Preferences, George R. La Noue, Matthew Speake
George R. La Noue
Synopsis What circumstances determine compliance with or resistance to federal judicial rulings in the United States? Compliance may depend on court unanimity, executive branch concurrence, legislative enactment, and stakeholders’ support. Judicial interpretations of the 14th Amendment Equal Protection Clause and various civil rights statutes made discrimination against minority groups and women illegal. However, they have also functioned as a check against political coalitions that seek to use racial and gender preferences in distributing university admissions, public employment, and public contracting benefits in favor of those groups. In its City of Richmond v. Croson (1989) decision, the U.S. Supreme Court held …
Is Brown Holding Us Back? Moving Forward, Sixty Years Later, Palma Joy Strand
Is Brown Holding Us Back? Moving Forward, Sixty Years Later, Palma Joy Strand
palma joy strand
Brown v. Board of Education brought the democratic value of equality to U.S. democracy, which had previously centered primarily on popular control. Brown has not, however, resulted in actual educational equality—or universal educational quality. Developments since Brown have changed the educational landscape. While the social salience of race has evolved, economic inequality has risen dramatically. Legislative and other developments have institutionalized distrust of those who do the day-to-day work of education: public schools and the teachers within them. Demographic and economic shifts have made comprehensive preschool through post-secondary education a 21st-century imperative, while Common Core Standards represent a significant step …
The Issue Is Being Intersex: The Current Standard Of Care Is A Result Of Ignorance, And It Is Amazing What A Little Analysis Can Conclude., Marla J. Ferguson
The Issue Is Being Intersex: The Current Standard Of Care Is A Result Of Ignorance, And It Is Amazing What A Little Analysis Can Conclude., Marla J. Ferguson
marla j ferguson
The Constitution was written to protect and empower all citizens of the United States, including those who are born with Disorders of Sex Development. The medical community, as a whole, is not equipped with the knowledge required to adequately diagnose or treat intersex babies. Intersex simply means that the baby is born with both male and female genitalia. The current method that doctors follow is to choose a sex to assign the baby, and preform irreversible surgery on them without informed consent. Ultimately the intersex babies are mutilated and robbed of many of their fundamental rights; most notably, the right …
Battering The Poor: How Georgia’S Mandatory Family Violence Classes Deny Indigent Defendants Equal Protection Of The Law, Whitney Scherck
Battering The Poor: How Georgia’S Mandatory Family Violence Classes Deny Indigent Defendants Equal Protection Of The Law, Whitney Scherck
Whitney Scherck
Thirty years ago, the U.S. Supreme Court in Bearden v. Georgia held that the Equal Protection Clause of the Fourteenth Amendment prevents a court from incarcerating an individual for failure to pay a fine unless it first inquires into their reasons for failing to do so and determines that the defendant willfully failed to make bona fide efforts to pay. However, recently, a new kind of legal debt has emerged. As states’ budgets tighten, so-called user fees are becoming an increasingly common way for legislatures to toughen the criminal justice system without having to come up with funding for it. …
Why Equal Protection Trumps Federalism In The Same-Sex Marriage Cases, Erin Ryan
Why Equal Protection Trumps Federalism In The Same-Sex Marriage Cases, Erin Ryan
Erin Ryan
Federalism is once again at the forefront of the Supreme Court’s most contentious cases this Term. The cases attracting most attention are the two same-sex marriage cases that were argued in March. Facing intense public sentiment on both sides of the issue and the difficult questions they raise about the boundary between state and federal authority, some justices openly questioned whether to just defer to the political process. And while this is often a wise prudential approach in review of contested federalism-sensitive policymaking, it’s exactly the wrong course of action when the matter under review is an individual right. This …
Amicus Brief: State V. Glover (Maine Supreme Judicial Court), Adam Lamparello, Charles Maclean
Amicus Brief: State V. Glover (Maine Supreme Judicial Court), Adam Lamparello, Charles Maclean
Adam Lamparello
When law enforcement seeks to obtain a warrantless, pre-arrest DNA sample from an individual, that individual has the right to say “No.” If silence is to become a “badge of guilt,” then the right to silence—under the United States and Maine Constitutions—might become a thing of the past. Allowing jurors to infer consciousness of guilt from a pre-arrest DNA sample violates the Fourth Amendment to the United States and Maine Constitutions.
Suspect Classification And Its Discontents, Susannah W. Pollvogt
Suspect Classification And Its Discontents, Susannah W. Pollvogt
Susannah W Pollvogt
Suspect classification analysis and the associated tiers of scrutiny framework are the primary doctrinal features of contemporary equal protection jurisprudence. How plaintiffs fare under these twin doctrines determines the ultimate fate of their equal protection claims. But neither doctrine finds firm footing in precedent or theory. Rather, a close examination of the United States Supreme Court’s equal protection jurisprudence reveals these doctrines as historically contingent and lacking in any principled justification. But rather than disregard the contributions of these cases altogether, this Article mines that same body of law not for the discrete doctrinal mechanisms developed in each case, but …
Persons Who Are Not The People: The Changing Rights Of Immigrants In The United States, Geoffrey Heeren
Persons Who Are Not The People: The Changing Rights Of Immigrants In The United States, Geoffrey Heeren
Geoffrey Heeren
Non-citizens have fared best in recent Supreme Court cases by piggybacking on federal rights when the actions of states are at issue, or by criticizing agency rationality when federal action is at issue. These two themes-federalism and agency skepticism-have proven in recent years to be more effective litigation frameworks than some individual rights-based theories like equal protection. This marks a substantial shift from the Burger Court era, when similar cases were more likely to be litigated and won on equal protection than on preemption or Administrative Procedure Act theories. This Article describes this shift, considers the reasons for it, and …
Supreme Court Update: 2012-2013 Term (Civil Cases In Constitutional Law), Wilson Huhn
Supreme Court Update: 2012-2013 Term (Civil Cases In Constitutional Law), Wilson Huhn
Wilson R. Huhn
During 2012-2013 the Supreme Court handed down several significant constitutional law, including United States v. Windsor (striking down Section 3 of the federal Defense of Marriage Act) and Shelby County v. Holder (striking down Section 4 of the Voting Rights Act). These and other decisions are summarized in this presentation.