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Full-Text Articles in Law
Four Arguments Against A Marriage Amendment That Even An Opponent Of Gay Marriage Should Accept, Dale Carpenter
Four Arguments Against A Marriage Amendment That Even An Opponent Of Gay Marriage Should Accept, Dale Carpenter
Faculty Journal Articles and Book Chapters
In this article, the author argues against a federal constitutional amendment preventing states from recognizing same-sex marriages. As of now, a nationwide policy debate is underway on the merits of providing full marital recognition to gay couples. That debate is still in its infancy and is proceeding in a variety of ways, with divergent policy choices in the states. It should not be cut short by the extraordinary mechanism of a constitutional amendment that would substantially delay or permanently foreclose what may turn out to be a valuable social reform.
To summarize, the four main points the author makes are: …
The Antipaternalism Principle In The First Amendment, Dale Carpenter
The Antipaternalism Principle In The First Amendment, Dale Carpenter
Faculty Journal Articles and Book Chapters
Commentators generally agree the First Amendment is hostile to paternalism. Yet, most analysts invoke the idea of free speech antipaternalism without examining its roots, explaining what it means, or discussing what it entails. There has been no attempt to identify and to explain the antipaternalism principle across a variety of free speech domains. This Article examines the nature and reach of this particular brand of First Amendment exceptionalism.
In Part I the author reviews First Amendment jurisprudence where the Supreme Court evinces, either explicitly or implicitly, some aversion to paternalism. This review covers several free speech frontiers, including commercial speech, …
The Unknown Past Of Lawrence V. Texas, Dale Carpenter
The Unknown Past Of Lawrence V. Texas, Dale Carpenter
Faculty Journal Articles and Book Chapters
This Article is an attempt to fill in some of the gaps in the public's knowledge of the case Lawrence v. Texas. Much of the rich post-arrest history of the case has been ignored. But for the courage, insight, and initiative of three men in particular, the arrest might have been another forgotten episode in what the author calls the under history of the Texas sodomy law, the history not told in appellate opinions or in most other accounts.
Section II reviews the "somewhat known" past, tracing the evolution of the Texas sodomy law from a statute so facially …