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Full-Text Articles in Law
Taxing Times For Lesbians And Gay Men: Equality At What Cost?, Claire Fl Young
Taxing Times For Lesbians And Gay Men: Equality At What Cost?, Claire Fl Young
Dalhousie Law Journal
In this article I shall briefly review some of those struggles and the current state of the law. This forms the backdrop to an issue that I view as being of fundamental importance to lesbians and gay men in their fight for equality and which has not received much attention; that is the tax system. I shall focus on two aspects. First, I shall analyse the use of the tax system as a spending programme and a tool by which to subsidise particular activities. In this context I shall examine the federal government's refusal to recognise lesbian and gay relationships, …
Employment Discrimination Law In Perspective: Three Concepts Of Equality, John J. Donohue Iii
Employment Discrimination Law In Perspective: Three Concepts Of Equality, John J. Donohue Iii
Michigan Law Review
The essay begins with a discussion of which groups deserve the protection of employment discrimination law. With the protected categories of Title VII of the 1964 Civil Rights Act etched into the American consciousness, many might consider the appropriate categories to be fully self-evident. But of course, they are not, and many jurisdictions continue to struggle over whether certain dispreferred groups merit the law's solicitude.
No Time For Trumpets: Title Vii, Equality, And The Fin De Sièchle, D. Marvin Jones
No Time For Trumpets: Title Vii, Equality, And The Fin De Sièchle, D. Marvin Jones
Michigan Law Review
My essay seeks to examine the internal architecture of the discursive barrier - the wall - that the Supreme Court has built within the doctrinal framework of Title VII and concomitantly within the discourse of equality. To understand how the Court has erected this discursive wall, we must begin with history. Equality, while historically a vehicle for national identity and contemporaneously for modernist conceptions of justice, is synchronically and diachronically indeterminate. Equality is a deeply sedimented concept with not one objective meaning but successive levels of meaning built up over time. Each of those historic understandings is itself a unity …
The Anticaste Principle, Cass R. Sunstein
The Anticaste Principle, Cass R. Sunstein
Michigan Law Review
In this essay, I seek to defend a particular understanding of equality, one that is an understanding of liberty as well. I call this conception "the anticaste principle." Put too briefly, the anticaste principle forbids social and legal practices from translating highly visible and morally irrelevant differences into systemic social disadvantage, unless there is a very good reason for society to do so. On this view, a special problem of inequality arises when members of a group suffer from a range of disadvantages because of a group-based characteristic that is both visible for all to see and irrelevant from a …
Race Against The Court: The Supreme Court And Minorities In Contemporary America, Melissa Nicholson Starkey
Race Against The Court: The Supreme Court And Minorities In Contemporary America, Melissa Nicholson Starkey
Michigan Law Review
A Review of Race Against the Court: The Supreme Court and Minorities in Contemporary America by Girardeau A. Spann
Lesbians, Gays And The Struggle For Equality Rights: Reversing The Progressive Hypothesis, Mary Eaton
Lesbians, Gays And The Struggle For Equality Rights: Reversing The Progressive Hypothesis, Mary Eaton
Dalhousie Law Journal
The tale often told of Canadian law's advancement in the field of sexual orientation rights is simple but sublime: law has moved, however ploddingly and not without substantial prodding, out of an epoch of almost total repression, into an evermore enlightened era. Castigated by criminal law, pushed to the perimeter by administrative law, and ignored by human rights law, the "homosexual"' had once been law's quintessential "other." In recent years, however, legislatures and courts have increasingly been willing to recognize "homosexuals" as a constituency too long held down by the heavy hand of legal control. Most penal prohibitions against exercises …
Against First Principles, Jerry L. Mashaw
Against First Principles, Jerry L. Mashaw
San Diego Law Review
This Article makes the argument that broad principles often get in the way of sensible public policy analysis and that one should be prepared to abandon them rather quickly when encountering heavy philosophical or political arguments. The author uses Richard Epstein's book Forbidden Grounds: The Case Against Employment Discrimination as a good example of the difficulty of developing plausible policy prescriptions while engaging in an argument based on broad principles. The Article notes weaknesses in Epstein's arguments concerning liberty, utility and efficiency as starting points for an evaluation of antidiscrimination law. The author applies his analysis to the Americans with …