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Full-Text Articles in Law
The Incoherence Of Marital Benefits, Robin West
The Incoherence Of Marital Benefits, Robin West
Georgetown Law Faculty Publications and Other Works
En route to finding the Defense of Marriage Act (DOMA) an unconstitutional violation of the Fifth Amendment's Equal Protection Clause, the Second Circuit Court of Appeals in Windsor v. United States gave short shrift to one of Congress's primary arguments in defense of the Act: that the federal government has a compelling interest in limiting federal marriage benefits to opposite-sex couples because traditional marriage has the laudable purpose-or function-of channeling the heterosexual sex that creates children into a way of life that provides the optimal environment for the rearing of those children. In other words, DOMA aims to minimize irresponsible …
Criminalizing Normal Adolescent Behavior In Communities Of Color: The Role Of Prosecutors In Juvenile Justice Reform, Kristin N. Henning
Criminalizing Normal Adolescent Behavior In Communities Of Color: The Role Of Prosecutors In Juvenile Justice Reform, Kristin N. Henning
Georgetown Law Faculty Publications and Other Works
There is little dispute that racial disparities pervade the contemporary American juvenile justice system. The persistent overrepresentation of youth of color in the system suggests that scientifically supported notions of diminished culpability of youth are not applied consistently across races. Drawing from recent studies on implicit bias and the impact of race on perceptions of adolescent culpability, Professor Henning contends that contemporary narratives portraying black and Hispanic youth as dangerous and irredeemable lead prosecutors to disproportionately reject youth as a mitigating factor for their behavior. Although racial disparities begin at arrest and persist through every stage of the juvenile justice …
Honor And Destruction: The Conflicted Object In Moral Rights Law, Sonya G. Bonneau
Honor And Destruction: The Conflicted Object In Moral Rights Law, Sonya G. Bonneau
Georgetown Law Faculty Publications and Other Works
In 1990, the Copyright Act was amended to name visual artists, alone among protected authors, possessors of "moral rights," a set of non-economic intellectual property rights originating in nineteenth-century Europe. Although enhancing authors' rights in a user-oriented system was a novel undertaking, it was rendered further anomalous by the statute's designated class, given copyright's longstanding alliance with text. And although moral rights epitomize the legacy of the Romantic author as a cultural trope embedded in the law, American culture offered little to support or explain the apparent privileging of visual artists over other authors. What, if not a legal or …