Law Commons^™

On Minnesota Marriage Equality Debate: Canards Lead, Sympathies Succeed, Aaron J. Shuler

Aaron J Shuler

No abstract provided.

Cognitive Dissonance In A Recession: Minnesota Gop Attacks Marriage Equality In Land Of "Gayest City In America", Aaron J. Shuler

Aaron J Shuler

Despite a tradition of progressive thinking on civil rights and recent specific gains for gays in Minnesota, the State's Republican party is trying to place an anti-marriage equality amendment on the 2012 ballot.

The White Interest In School Integration, Robert A. Garda Jr.

Robert A. Garda

Scholarship concerning desegregation, affirmative action and voluntary integration is primarily, if not exclusively, focused on whether such policies harm or benefit minorities. Scant attention is paid to the benefits whites receive in multiracial schools despite these interests underpinning over thirty years of Supreme Court integration jurisprudence. In this article, I explore the academic and social benefits whites receive in multiracial schools, and I do so from a white parent’s perspective. The article begins by explaining the interest-convergence theory and how white interests explain the course and content of the Supreme Court’s desegregation jurisprudence. White parents must understand that their “buy-in” …

Children's Oppression, Rights And Liberation, Samantha Godwin

Samantha Godwin

This paper advances a radical and controversial analysis of the legal status of children. I argue that the denial of equal rights and equal protection to children under the law is inconsistent with liberal and progressive beliefs about social justice and fairness. In order to do this I first situate children’s legal and social status in its historical context, examining popular assumptions about children and their rights, and expose the false necessity of children’s current legal status. I then offer a philosophical analysis for why children’s present subordination is unjust, and an explanation of how society could be sensibly and …

Objecting At The Altar: Why The Herring Good Faith Principle And The Harlow Qualified Immunity Doctrine Should Not Be Married, John M. Greabe

John M Greabe

Response to: Jennifer E. Laurin, Trawling for Herring: Lessons in Doctrinal Borrowing and Convergence, 111 Colum. L. Rev. 670 (2011)

Critics of the curtailment of the exclusionary rule worked by Herring v. United States have denounced the decision as Supreme Court activism posing as derivation from settled law. Professor Jennifer Laurin agrees that Herring breaks with exclusionary rule doctrine but disputes that it lacks any grounding in Court precedent. She says that Herring consummates a long courtship between the Leon good faith exception to the exclusionary rule and the Harlow standard for qualified immunity. Laurin premises her argument on an …

Personae Non Suspect: Sexual Orientation Discrimination Under The Supreme Court’S New Anticlassification Regime, Chris R. Copeland

Chris R Copeland

As Perry v. Schwarzenegger seemingly makes its way to the Supreme Court, LGBT advocates are staking their legal claims around the Fourteenth Amendment’s Equal Protection Clause – arguing for the designation of LGBTs as a suspect or quasi-suspect group. The desire for suspect class designation is in vain though. In the late 1970s, the Supreme Court closed the set of suspect and quasi-classifications, and the set will likely remain closed. Around the same time, the Court faced a series of affirmative action cases in which it was forced to choose between two approaches to equal protection: antisubordination and anticlassification. It …

The Many Faces Of Iqbal, Rosalie Levinson

Rosalie Berger Levinson

No abstract provided.