Law Commons^™

In Defense Of Immutability, Nicholas Serafin

BYU Law Review

Over the last forty years, the concept of immutability has been central to Equal Protection doctrine. According to current doctrine, a trait is immutable if it is beyond the power of an individual to change or if it is fundamental to personal identity. A trait that meets either of these criteria receives heightened legal protection under constitutional antidiscrimination law. Yet most legal scholars who have addressed the topic have called for the abandonment of the immutability criterion on the grounds that the immutability criterion is conceptually confused, morally indefensible, and bound to stigmatize subordinate groups.

A rejection of the immutability …

Gay Rights, Religious Liberty, And The Misleading Racism Analogy, Andrew Koppelman

BYU Law Review

No abstract provided.

Anti-Gay Discrimination,“Conscience Exemptions,” And The Racism Analogy: A Reply To Professor Koppelman, Shannon Gilreath

BYU Law Review

No abstract provided.

In The Court Of Koppelman: Motion For Reconsideration, James M. Oleske Jr.

BYU Law Review

No abstract provided.

Caught By The Cat’S Paw, Sandra F. Sperino

BYU Law Review

Federal employment discrimination law is enamored with court-created doctrines with catchy names. A fairly recent addition to the canon is the concept of the “cat’s paw,” formally recognized by the U.S. Supreme Court in Staub v. Proctor Hospital. With its name … drawn from a fable, the concept of cat’s paw has taken ground quickly, discussed in hundreds of cases.

The Supreme Court recognized the cat’s paw theory in a case where a hospital fired a worker. The person who made the ultimate decision did not have impermissible bias. However, her decision was influenced by information from two supervisors who …

Big Agriculture And Harm To Minority Communities: How Administrative Civil Rights Complaints Are The Solution, Morgan Drake

BYU Law Review

No abstract provided.