Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Abortion access (2)
- Equal Rights Amendment (ERA) (2)
- Health care (2)
- Reproductive rights (2)
- Sex discrimination (2)
-
- ADA Amendments Act (ADAAA) (1)
- Abortion reform (1)
- Abortion rights (1)
- Americans with Disabilities Act (ADA) (1)
- Antidiscrimination doctrine (1)
- Antidiscrimination law (1)
- Ballot initiative (1)
- Capital punishment (1)
- Catholic League (1)
- Catholic legal culture (1)
- Child welfare (1)
- Colorado Antidiscrimination Act (1)
- Compulsory national service (1)
- Conscientious objection (1)
- Constitutional discrimination (1)
- Constitutional right (1)
- Cornell Law Review (1)
- Critical Race Theory (CRT) (1)
- Death penalty (1)
- Disability discrimination (1)
- Discriminatory descent (1)
- Equal Protection Clause (1)
- Equal citizenship (1)
- Establishment clause (1)
- Fair Labor Standards Act (1)
Articles 1 - 11 of 11
Full-Text Articles in Law
The Impacts Of Compulsory Prison Labor Ballot Initiatives On Pregnant & Postpartum Incarcerated Women Of Color, Candace Bond-Theriault
The Impacts Of Compulsory Prison Labor Ballot Initiatives On Pregnant & Postpartum Incarcerated Women Of Color, Candace Bond-Theriault
Center for Gender & Sexuality Law
The 13th Amendment to the United States Constitution purported to abolish the institution of slavery, but it created an exception for compulsory labor performed by people convicted of crimes. In November 2022, voters in Alabama, Vermont, Louisiana, Tennessee, and Oregon will be asked to vote on ballot initiatives that would strike language from their state constitutions that currently allows states to force incarcerated people to perform labor with minimal or no pay.1 This policy brief examines the legal language of these ballot initiatives and evaluates whether each measure, if approved by voters, will actually close the compulsory labor loophole. In …
Era Project Summary Of Argument Before Pa Supreme Court On Whether Medicaid Abortion Ban Amounts To Sex Discrimination, Center For Gender And Sexuality Law
Era Project Summary Of Argument Before Pa Supreme Court On Whether Medicaid Abortion Ban Amounts To Sex Discrimination, Center For Gender And Sexuality Law
Center for Gender & Sexuality Law
This morning, the Pennsylvania Supreme Court heard oral arguments in Allegheny Reproductive Health Center v. Pennsylvania Department of Human Services, a case in which reproductive rights advocates have challenged the state’s ban on Medicaid funding for abortion (Coverage Ban), arguing that the ban violates the state constitution’s explicit prohibitions against sex discrimination.
Era Project Summary Of Argument Before Pa Supreme Court On Whether Medicaid Abortion Ban Amounts To Sex Discrimination, Center For Gender And Sexuality Law
Era Project Summary Of Argument Before Pa Supreme Court On Whether Medicaid Abortion Ban Amounts To Sex Discrimination, Center For Gender And Sexuality Law
Center for Gender & Sexuality Law
On October 26, 2022, the Pennsylvania Supreme Court heard oral arguments in Allegheny Reproductive Health Center v. Pennsylvania Department of Human Services, a case in which reproductive rights advocates have challenged the state’s ban on Medicaid funding for abortion (Coverage Ban), arguing that the ban violates the state constitution’s explicit prohibitions against sex discrimination.
Parading The Horribles: The Risks Of Expanding Religious Exemptions, Law, Rights, And Religion Project
Parading The Horribles: The Risks Of Expanding Religious Exemptions, Law, Rights, And Religion Project
Center for Gender & Sexuality Law
People of faith now have a constitutional right to practice their religion—even when doing so conflicts with a government law or policy — that is more rigorously protected than nearly any other right. Some states have passed bills that provide an even broader right to such “religious exemptions” from the law than provided under the U.S. Constitution. Other religious exemption bills have been introduced and await consideration.
Columbia Law Experts Submit Two Briefs To Supreme Court In Free Speech/Lgb Rights Case, Law, Rights, And Religion Project
Columbia Law Experts Submit Two Briefs To Supreme Court In Free Speech/Lgb Rights Case, Law, Rights, And Religion Project
Center for Gender & Sexuality Law
Columbia Law School faculty and policy teams submitted amicus briefs to the Supreme Court on Friday in 303 Creative v. Elenis, a case the Court will decide next term.
Critical Race Theory: Faq, Candace Bond-Theriault
Critical Race Theory: Faq, Candace Bond-Theriault
Center for Gender & Sexuality Law
CRT is not a comprehensive theory of law. Instead, it is an invitation to consider the role that law, even “good” civil rights laws, plays in the creation and maintenance of racial injustice.
Columbia Law School’S Center For Gender And Sexuality Law On Leaked Dobbs Opinion, Center For Gender And Sexuality Law
Columbia Law School’S Center For Gender And Sexuality Law On Leaked Dobbs Opinion, Center For Gender And Sexuality Law
Center for Gender & Sexuality Law
The leaked Supreme Court opinion in Dobbs v. Jackson Women’s Health Organization, signals a major break with at least three generations of constitutional law. Should this opinion be officially issued by the Court, it will eliminate not only constitutional protections for abortion, but well-settled legal principles on which basic personal rights have rested for over 60 years.
The Legal Origins Of Catholic Conscientious Objection, Jeremy K. Kessler
The Legal Origins Of Catholic Conscientious Objection, Jeremy K. Kessler
Faculty Scholarship
This Article traces the origins of Catholic conscientious objection as a theory and practice of American constitutionalism. It argues that Catholic conscientious objection emerged during the 1960s from a confluence of left-wing and right-wing Catholic efforts to participate in American democratic culture more fully. The refusal of the American government to allow legitimate Catholic conscientious objection to the Vietnam War became a cause célèbre for clerical and lay leaders and provided a blueprint for Catholic legal critiques of other forms of federal regulation in the late 1960s and early 1970s — most especially regulations concerning the provision of contraception and …
Discriminatory Taint, Kerrel Murray
Discriminatory Taint, Kerrel Murray
Faculty Scholarship
The truism that history matters can hide complexities. Consider the idea of problematic policy lineages. When may we call a policy the progeny of an earlier, discriminatory policy, especially if the policies diverge in design and designer? Does such a relationship condemn the later policy for all times and purposes, or can a later decisionmaker escape the past? It is an old problem, but its resolution hardly seems impending. Just recently, Supreme Court cases have confronted this fact pattern across subject matters as diverse as entry restrictions, nonunanimous juries, and redistricting, among others. Majority opinions seem unsure whether or why …
Mindful Debiasing: Meditation As A Tool To Address Disability Discrimination, Elizabeth F. Emens
Mindful Debiasing: Meditation As A Tool To Address Disability Discrimination, Elizabeth F. Emens
Faculty Scholarship
Antidiscrimination law is at a critical juncture. The law prohibits formal and explicit systems of exclusion, but much bias nonetheless persists. New tools are needed. This Article argues that mindfulness meditation may be a powerful strategy in the battle against disability discrimination. This Article sets out eight reasons that disability bias is particularly intractable. The Article then draws on empirical, philosophical, and scholarly sources to identify mechanisms through which mindfulness meditation can address these dynamics. The Article concludes by presenting concrete doctrinal implications of bringing mindfulness to bear on disability discrimination. This Article thus contributes to the established fields of …
Getting To Death: Race And The Paths Of Capital Cases After Furman, Jeffrey A. Fagan, Garth Davies, Ray Paternoster
Getting To Death: Race And The Paths Of Capital Cases After Furman, Jeffrey A. Fagan, Garth Davies, Ray Paternoster
Faculty Scholarship
Decades of research on the administration of the death penalty have recognized the persistent arbitrariness in its implementation and the racial inequality in the selection of defendants and cases for capital punishment. This Article provides new insights into the combined effects of these two constitutional challenges. We show how these features of post-Furman capital punishment operate at each stage of adjudication, from charging death-eligible cases to plea negotiations to the selection of eligible cases for execution and ultimately to the execution itself, and how their effects combine to sustain the constitutional violations first identified 50 years ago in Furman …