Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (38)
- Fourteenth Amendment (26)
- Civil Rights and Discrimination (22)
- Criminal Procedure (13)
- Criminal Law (8)
-
- Law and Gender (8)
- Family Law (7)
- Sexuality and the Law (7)
- Legislation (6)
- State and Local Government Law (6)
- Juvenile Law (5)
- Education Law (4)
- Law and Society (4)
- Administrative Law (3)
- First Amendment (3)
- Health Law and Policy (3)
- Human Rights Law (3)
- Immigration Law (3)
- Judges (3)
- Jurisprudence (3)
- Labor and Employment Law (3)
- Legal Ethics and Professional Responsibility (3)
- Social Welfare Law (3)
- Torts (3)
- Communications Law (2)
- Courts (2)
- Disability Law (2)
- Legal History (2)
- Litigation (2)
- Institution
-
- Pepperdine University (26)
- Selected Works (14)
- SelectedWorks (9)
- Boston University School of Law (2)
- University of Baltimore Law (2)
-
- Vanderbilt University Law School (2)
- American University Washington College of Law (1)
- Cornell University Law School (1)
- Florida State University College of Law (1)
- Fordham Law School (1)
- George Washington University Law School (1)
- Lewis & Clark Law School (1)
- Mitchell Hamline School of Law (1)
- New York Law School (1)
- Penn State Law (1)
- Southern Methodist University (1)
- The University of Akron (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Kentucky (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Michigan Law School (1)
- University of Pennsylvania Carey Law School (1)
- Valparaiso University (1)
- Publication
-
- Pepperdine Law Review (23)
- All Faculty Scholarship (3)
- Faculty Scholarship (3)
- Journal of the National Association of Administrative Law Judiciary (3)
- Lawrence Rosenthal (2)
-
- Vanderbilt Law School Faculty Publications (2)
- Adam Lamparello (1)
- Akron Law Faculty Publications (1)
- Animal Law Review (1)
- Articles & Chapters (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Cornell Law Faculty Publications (1)
- Erin Ryan (1)
- Faculty Journal Articles and Book Chapters (1)
- GW Law Faculty Publications & Other Works (1)
- Geoffrey Heeren (1)
- George R. La Noue (1)
- Jennifer Daskal (1)
- Jeremiah A. Ho (1)
- Joseph Thomas (1)
- Journal Articles (1)
- Laura Dooley (1)
- Law Faculty Publications (1)
- Law Faculty Scholarly Articles (1)
- Luke A. Boso (1)
- Margaret Howard (1)
- Martin A. Schwartz (1)
- Mel Cousins (1)
- Michael Kirsch (1)
- Michigan Journal of Gender & Law (1)
- Publication Type
Articles 61 - 72 of 72
Full-Text Articles in Law
Federal Preemption And Immigrants' Rights, Karla M. Mckanders
Federal Preemption And Immigrants' Rights, Karla M. Mckanders
Vanderbilt Law School Faculty Publications
Recently, immigration scholars have focused on the relationship between federal, state, and local governments in regulating immigration to the exclusion of civil rights issues. States and localities assert that they should be able to use their Tenth Amendment police powers to regulate unauthorized immigrants within their borders, while the federal government claims exclusivity in the area of immigration law and policy. In the middle of this debate, there is the question of whether states abrogate individual civil rights and civil liberties when exercising their police powers to regulate immigration. This article takes a detailed look at these complex issues of …
The 'Federal Law Of Marriage': Deference, Deviation, And Doma, W. Burlette Carter
The 'Federal Law Of Marriage': Deference, Deviation, And Doma, W. Burlette Carter
GW Law Faculty Publications & Other Works
The article discusses the history of federal inroads into marriage by examining federal interventions during the nineteenth and early twentieth century, argues that, in some cases but not all, marriages' federal benefits are indeed intended to support natural procreation, argues that DOMA's underlying statutes are key to ascertaining the purposes of federal marriage benefits and burdens, distinguishes sexual orientation discrimination from race discrimination and offers a proposal for dealing with equal protection challenges to denials of marriage rights to same sex couples. The proposal, which depends upon dual standards of review, recognizes the historical denial of family rights to same …
The Virtue Of Obscurity, Colin Starger
The Virtue Of Obscurity, Colin Starger
All Faculty Scholarship
The critics have panned Justice Kennedy’s majority opinion in United States v. Windsor. Supporters and opponents of same-sex marriage have together bemoaned what may be called Kennedy’s “doctrinal obscurity” in Windsor. Doctrinal obscurity describes the opinion’s failure to justify striking down Section 3 of the Defense of Marriage Act (DOMA) using any discernable accepted test for substantive due process or equal protection. Specifically, Kennedy does not ask whether DOMA burdens a right “deeply rooted in this Nation’s history and tradition,” nor does he identify sexual orientation as a suspect or semi-suspect classification, nor does he subject DOMA to explicit rational …
"Simple" Takes On The Supreme Court, Robert L. Tsai
"Simple" Takes On The Supreme Court, Robert L. Tsai
Faculty Scholarship
This essay assesses black literature as a medium for working out popular understandings of America’s Constitution and laws. Starting in the 1940s, Langston Hughes’s fictional character, Jesse B. Semple, began appearing in the prominent black newspaper, the Chicago Defender. The figure affectionately known as “Simple” was undereducated, unsophisticated, and plain spoken - certainly to a fault according to prevailing standards of civility, race relations, and professional attainment. Butthese very traits, along with a gritty experience under Jim Crow, made him not only a sympathetic figure but also an armchair legal theorist. In a series of barroom conversations, Simple ably critiqued …
Debate: The Constitutionality Of Stop-And-Frisk In New York City, David Rudovsky, Lawrence Rosenthal
Debate: The Constitutionality Of Stop-And-Frisk In New York City, David Rudovsky, Lawrence Rosenthal
All Faculty Scholarship
Stop-and-frisk, a crime prevention tactic that allows a police officer to stop a person based on “reasonable suspicion” of criminal activity and frisk based on reasonable suspicion that the person is armed and dangerous, has been a contentious police practice since first approved by the Supreme Court in 1968. In Floyd v. City of New York, the U.S. District Court for the Southern District of New York ruled that New York City’s stop-and-frisk practices violate both the Fourth and Fourteenth Amendments. Professors David Rudovsky and Lawrence Rosenthal debate the constitutionality of stop-and-frisk in New York City in light of …
A Time For Change: Why The Msm Lifetime Deferral Policy Should Be Amended, Vianca Diaz
A Time For Change: Why The Msm Lifetime Deferral Policy Should Be Amended, Vianca Diaz
University of Maryland Law Journal of Race, Religion, Gender and Class
"A Time for Change: Why the MSM Lifetime Deferral Policy Should be Amended," discusses the need to amend the men who have sex with men (MSM) Lifetime Deferral to blood donations enforced by the Food and Drug Administration. This comment reviews the current policy within the current legal and cultural landscape and argues for the immediate need for reform.
Windsor Products: Equal Protection From Animus, Dale Carpenter
Windsor Products: Equal Protection From Animus, Dale Carpenter
Faculty Journal Articles and Book Chapters
The Supreme Court's opinion in United States v. Windsor has puzzled commentators, who have tended to overlook or dismiss its ultimate conclusion that the Defense of Marriage Act was unconstitutional because it arose from animus. What we have in Justice Kennedy’s opinion is Windsor Products — an outpouring of decades of constitutional development whose fountainhead is Carolene Products and whose tributaries are the gay-rights and federalism streams. This paper presents the constitutional anti-animus principle, including what constitutes animus, why it offends the Constitution, and how the Supreme Court determines it is present. The paper also discusses why the Court was …
The Regulation Of Race In Science, Kimani Paul-Emile
The Regulation Of Race In Science, Kimani Paul-Emile
Faculty Scholarship
The overwhelming majority of biological scientists agree that there is no such thing as race among modern humans. Yet, scientists regularly deploy race in their studies, and federal laws and regulations currently mandate the use of racial categories in biomedical research. Legal commentators have tried to make sense of this paradox primarily by looking to equal protection strict scrutiny analysis. However, the colorblind approach that attends this doctrine — which many regard as synonymous with invalidation — does not offer a particularly useful way to think about the use of race in research. It offers no way to address how …
Lukumi At Twenty: A Legacy Of Uncertainty For Religious Liberty And Animal Welafere, James M. Oleske Jr.
Lukumi At Twenty: A Legacy Of Uncertainty For Religious Liberty And Animal Welafere, James M. Oleske Jr.
Animal Law Review
Twenty years after the United States Supreme Court’s decision in Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah, uncertainty reigns in the lower courts and among commentators over the issue of constitutionally compelled religious exemptions. Despite the Court’s general disavowal of such exemptions in Employment Division v. Smith, Lukumi appeared to breathe life into a potentially significant exception to Smith. Under that exception—which this Article calls the “selective-exemption rule”—the Free Exercise Clause may still require religious exemptions from a law when the government selectively makes available other exemptions from that law. This Article addresses the key unresolved …
'Simple' Takes On The Supreme Court, Robert Tsai
'Simple' Takes On The Supreme Court, Robert Tsai
Articles in Law Reviews & Other Academic Journals
This essay assesses black literature as a medium for working out popular understandings of America’s Constitution and laws. Starting in the 1940s, Langston Hughes’s fictional character, Jesse B. Semple, began appearing in the prominent black newspaper, the Chicago Defender. The figure affectionately known as “Simple” was undereducated, unsophisticated, and plain spoken - certainly to a fault according to prevailing standards of civility, race relations, and professional attainment. Butthese very traits, along with a gritty experience under Jim Crow, made him not only a sympathetic figure but also an armchair legal theorist. In a series of barroom conversations, Simple ably critiqued …
Urban Bias, Rural Sexual Minorities, And The Courts, Luke Boso
Urban Bias, Rural Sexual Minorities, And The Courts, Luke Boso
Luke A. Boso
Urban bias shapes social perceptions about sexual minorities. Predominant cultural narratives geographically situate sexual minorities in urban gay communities, dictate the contours of how to be a modern gay person, and urge sexual minorities to “come out” and assimilate into gay communities and culture. This Article contests the urban presumption commonly applied to all sexual minorities and focuses specifically on how it affects rural sexual minorities, who remain largely invisible in the public discourse about sexuality and equality.
This Article makes two important contributions. First, by exposing urban bias, it contributes to a broader discussion about how law and society …
Saving Disparate Impact, Lawrence Rosenthal
Saving Disparate Impact, Lawrence Rosenthal
Lawrence Rosenthal
More than four decades ago, the Supreme Court concluded that Title VII of the Civil Rights Act of 1964’s prohibition on racial discrimination in employment is properly construed to forbid “practices, procedures, or tests neutral on their face, and even neutral in terms of intent,” that nevertheless “operate as ‘built-in headwinds’ for minority groups . . . that are unrelated to testing job capability.” In the Civil Rights Act of 1991, Congress codified liability for cases in which an employer “uses a particular employment practice that causes a disparate impact on the basis of race, color, religion, sex, or national …