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Full-Text Articles in Law

Shaping California's Prisons: How The Alternative Custody Program, Designed To Remedy The State's Eighth Amendment Violations In The Prison System, Encroaches On Equal Protection, Emilie A. Whitehurst Nov 2012

Shaping California's Prisons: How The Alternative Custody Program, Designed To Remedy The State's Eighth Amendment Violations In The Prison System, Encroaches On Equal Protection, Emilie A. Whitehurst

William & Mary Bill of Rights Journal

No abstract provided.


The Equal Protection Implications Of Government's Hateful Speech, Helen Norton Nov 2012

The Equal Protection Implications Of Government's Hateful Speech, Helen Norton

William & Mary Law Review

Under what circumstances should we understand government’s racist or otherwise hateful speech to violate the Equal Protection Clause? Government speech that communicates hostility or animus on the basis of race, gender, national origin, sexual orientation, or other class status can facilitate private parties’ discriminatory behavior, deter its targets from certain important opportunities or activities, and communicate a message of exclusion and second-class status. Contemporary equal protection doctrine, however, does not yet fully address the harms that such government expression potentially poses. The recent emergence of the Court’s government speech doctrine—which to date has emphasized the value of government expression without …


Split-Recovery: A Constitutional Answer To The Punitive Damage Dilemma, Clay R. Stevens Nov 2012

Split-Recovery: A Constitutional Answer To The Punitive Damage Dilemma, Clay R. Stevens

Pepperdine Law Review

No abstract provided.


Unconstitutional Animus, Susannah W. Pollvogt Nov 2012

Unconstitutional Animus, Susannah W. Pollvogt

Fordham Law Review

It is well established that animus can never constitute a legitimate state interest for purposes of equal protection analysis. But neither precedent nor scholarship has stated conclusively how animus is properly defined, what counts as evidence of animus in any given case, or the precise doctrinal significance of a finding of animus. The U.S. Supreme Court has explicitly addressed the question of animus only a handful of times, and these cases do not appear to be particularly congruent with one another, at least on the surface. Further, while a number of scholars have discussed animus in terms of moral philosophy, …


Political Question Or Judicial Query: An Examination Of The Modern Doctrine And Its Inapplicability To Human Rights Mass Tort Litigation, Nancy S. Williams Oct 2012

Political Question Or Judicial Query: An Examination Of The Modern Doctrine And Its Inapplicability To Human Rights Mass Tort Litigation, Nancy S. Williams

Pepperdine Law Review

No abstract provided.


Nguyen V. Ins And The Application Of Intermediate Scrutiny To Gender Classifications: Theory, Practice, And Reality, Norman T. Deutsch Apr 2012

Nguyen V. Ins And The Application Of Intermediate Scrutiny To Gender Classifications: Theory, Practice, And Reality, Norman T. Deutsch

Pepperdine Law Review

The Supreme Court has articulated three theoretically different standards of review for determining whether government action has denied any person equal protection of the laws: rational basis, intermediate scrutiny, and strict scrutiny. One area of this tri-level jurisprudence that continues to be troublesome in practice is the application of intermediate scrutiny to gender classifications. Nguyen v. INS is significant because it is the first case in which all nine Justices unequivocally applied that standard in such a case. Nonetheless, the application of the standard remains problematic since the Court split five to four on its application to the facts. This …