Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Sexuality and the Law (19)
- Constitutional Law (15)
- Civil Rights and Discrimination (13)
- Family Law (13)
- Immigration Law (7)
-
- Courts (6)
- Legislation (4)
- State and Local Government Law (4)
- Supreme Court of the United States (4)
- Law and Gender (3)
- Comparative and Foreign Law (2)
- First Amendment (2)
- Law and Society (2)
- Taxation-Federal (2)
- Administrative Law (1)
- Civil Law (1)
- Contracts (1)
- Elder Law (1)
- Estates and Trusts (1)
- Fourteenth Amendment (1)
- Fourth Amendment (1)
- Human Rights Law (1)
- Indigenous, Indian, and Aboriginal Law (1)
- Intellectual Property Law (1)
- International Law (1)
- Jurisdiction (1)
- Law and Politics (1)
- Legal History (1)
- Litigation (1)
- Institution
-
- Fordham Law School (14)
- University of Michigan Law School (9)
- American University Washington College of Law (6)
- Maurer School of Law: Indiana University (6)
- Touro University Jacob D. Fuchsberg Law Center (3)
-
- Georgia State University College of Law (1)
- Hamline University (1)
- Loyola Marymount University and Loyola Law School (1)
- Marquette University Law School (1)
- Northwestern Pritzker School of Law (1)
- Seattle University School of Law (1)
- The University of Akron (1)
- University of Colorado Law School (1)
- University of Kentucky (1)
- University of Oklahoma College of Law (1)
- University of Pennsylvania Carey Law School (1)
- University of Richmond (1)
- University of San Diego (1)
- Publication Year
- Publication
-
- Fordham Law Review (14)
- Indiana Law Journal (5)
- Michigan Journal of Gender & Law (4)
- Michigan Law Review (4)
- American University Journal of Gender, Social Policy & the Law (3)
-
- The Modern American (2)
- Touro Law Review (2)
- Akron Law Review (1)
- American Indian Law Review (1)
- Georgia State University Law Review (1)
- Indiana Journal of Law and Social Equality (1)
- Journal of Public Law and Policy (1)
- Journal of Race, Gender, and Ethnicity (1)
- Kentucky Law Journal (1)
- Legislation and Policy Brief (1)
- Loyola of Los Angeles Law Review (1)
- Marquette Elder's Advisor (1)
- Northwestern University Law Review (1)
- San Diego International Law Journal (1)
- Seattle University Law Review (1)
- University of Colorado Law Review (1)
- University of Michigan Journal of Law Reform Caveat (1)
- University of Pennsylvania Law Review (1)
- University of Richmond Law Review (1)
Articles 1 - 30 of 51
Full-Text Articles in Law
The “Legal Stranger” And Parent: A Love Story?, Kellie Mahoney
The “Legal Stranger” And Parent: A Love Story?, Kellie Mahoney
Touro Law Review
No abstract provided.
Doma And Diffusion Theory: Ending Animus Legislation Through A Rational Basis Approach, David J. Herzig
Doma And Diffusion Theory: Ending Animus Legislation Through A Rational Basis Approach, David J. Herzig
Akron Law Review
The purpose of this Article is to expand the scope of the discussion from one of morality to include a sociological approach, called Diffusion Theory...Section II of this Article explains Diffusion Theory. Section III explores the background of DOMA and the factual background in which DOMA is being challenged by the states and private citizens. Section IV discusses the fundamentals behind the Florida adoption ban and how the change in the message by the challengers has proven effective. The final part, Section V, analyzes whether the approach should center on the inevitability of the change, as reflected in the Justice …
Marriage-Based Immigration For Same-Sex Couples After Doma: Lingering Problems Of Proof And Prejudice, Anna Carron
Marriage-Based Immigration For Same-Sex Couples After Doma: Lingering Problems Of Proof And Prejudice, Anna Carron
Northwestern University Law Review
In 2013, the Supreme Court changed the lives of thousands of same-sex couples in America by declaring the Defense of Marriage Act (DOMA) unconstitutional in United States v. Windsor. This decision allowed same-sex spouses to receive the same marriage-based immigration benefits under federal law that “traditional marriages” had long received. Although this holding is a victory for binational same-sex couples, bias still exists in the practices U.S. Customs and Immigration Services (USCIS) uses to evaluate the legitimacy of marriages. This bias manifests itself in the proof USCIS requires to show a relationship is bona fide, proof that often assumes …
Baker V. Nelson: Flotsam In The Tidal Wave Of Windsor's Wake, David B. Cruz
Baker V. Nelson: Flotsam In The Tidal Wave Of Windsor's Wake, David B. Cruz
Indiana Journal of Law and Social Equality
Part I of this Article sketches the virtually unbroken string of pro-marriage decisions in the lower federal and state courts since the U.S. Supreme Court’s 2013 ruling in United States v. Windsor to give a sense of the size and magnitude of this “tidal wave” of precedent. Next, Part II briefly explores some of the reasons that might help account for the flood of litigation and overwhelmingly positive outcomes. Part III tentatively suggests one way this flow of decisions in favor of marriage equality might influence the Supreme Court as it returns to the issue. Part II then at some …
Duty To Defend And The Rule Of Law, Gregory F. Zoeller
Duty To Defend And The Rule Of Law, Gregory F. Zoeller
Indiana Law Journal
This Article challenges Eric Holder’s and William Pryor’s views and explains the proper role of a state attorney general when a party challenges a state statute. In short, an attorney general owes the state and its citizens, as sovereign, a duty to defend its statutes against constitutional attack except when controlling precedent so overwhelmingly shows that the statute is unconstitutional that no good-faith argument can be made in its defense. To exercise discretion more broadly, and selectively to pick and choose which statutes to defend, only erodes the rule of law. (introduction)
Stealth Advocacy Can (Sometimes) Change The World, Margo Schlanger
Stealth Advocacy Can (Sometimes) Change The World, Margo Schlanger
Michigan Law Review
Scholarship and popular writing about lawsuits seeking broad social change have been nearly as contentious as the litigation itself. In a normative mode, commentators on the right have long attacked change litigation as imperialist and ill informed, besides producing bad outcomes. Attacks from the left have likewise had both prescriptive and positive strands, arguing that civil rights litigation is “subordinating, legitimating, and alienating.” As one author recently summarized in this Law Review, these observers claim “that rights litigation is a waste of time, both because it is not actually successful in achieving social change and because it detracts attention and …
Certiorari And The Marriage Equality Cases, Carl Tobias
Certiorari And The Marriage Equality Cases, Carl Tobias
University of Michigan Journal of Law Reform Caveat
Marriage equality has come to much of the nation. Over 2014, many district court rulings invalidated state proscriptions on same- sex marriage, while four appeals courts upheld these decisions. However, the Sixth Circuit reversed district judgments which struck down bans in Kentucky, Michigan, Ohio, and Tennessee. Because that appellate opinion created a patchwork of differing legal regimes across the country, this Paper urges the Supreme Court to clarify marriage equality by reviewing that determination this Term.
Fixing Hollingsworth: Standing In Initiative Cases, Karl Manheim, John S. Caragozian, Donald Warner
Fixing Hollingsworth: Standing In Initiative Cases, Karl Manheim, John S. Caragozian, Donald Warner
Loyola of Los Angeles Law Review
In Hollingsworth v. Perry, the Supreme Court dismissed an appeal filed by the “Official Proponents” of California’s Proposition 8, which banned same-sex marriage in California. Chief Justice Roberts’ majority opinion held that initiative sponsors lack Article III standing to defend their ballot measures even when state officials refuse to defend against constitutional challenges. As a result, Hollingsworth provides state officers with the ability to overrule laws that were intended to bypass the government establishment—in effect, an “executive veto” of popularly-enacted initiatives.
The Article examines this new “executive veto” in depth. It places Hollingsworth in context, discussing the initiative process …
Transgender Inpportunity And Inequality: Evaluating The Crossroads Between Immigration And Transgender Individuals, Alexandra Caggiano
Transgender Inpportunity And Inequality: Evaluating The Crossroads Between Immigration And Transgender Individuals, Alexandra Caggiano
Seattle University Law Review
Despite being married to a U.S. citizen, non-citizen transgender individuals and non-citizen spouses married to transgender U.S. citizens still face deportation today due to current immigration policies. When forced to return to their home countries, transgender individuals are likely to encounter violence from those who perpetuate hate towards transgender and gender non-conforming individuals. Instead of protecting these individuals, the United States continues to send people back to their native countries solely because those individuals do not fall within the narrowly constructed definition of marriage some states use that is legally recognized by federal courts. Transgender individuals receive disparate treatment as …
Immigration After Doma: How Equal Is Marriage Equality?, John Medeiros
Immigration After Doma: How Equal Is Marriage Equality?, John Medeiros
Journal of Public Law and Policy
Nearly 36,000 United States citizens are currently living with their foreign-born same-sex partners. Until recently, same-gendered binational spouses have been unable to avail themselves of the immigration advantages shared by their heterosexual counterparts, largely because of Section 3 of the Defense of Marriage Act (DOMA), which defines “marriage” at the federal level as “a legal union between one man and one woman.” This dual treatment changed, however, in the summer of 2013, when the Supreme Court heard the case of United States v. Windsor, which challenged Section 3 of DOMA. In Windsor, the Court held that by restricting …
Consistency Is Key: To Preserve Legislative Intent The Irs Must Afford Legal Recognition To Non-Marital Relationships In A Post-Doma World, Shane R. Martins
Consistency Is Key: To Preserve Legislative Intent The Irs Must Afford Legal Recognition To Non-Marital Relationships In A Post-Doma World, Shane R. Martins
Marquette Elder's Advisor
Although the Supreme Court’s recent ruling in Windsor v. US allows for federal recognition of same-sex marriages, the Internal Revenue Service will only grant spousal recognition to couples residing in states that term same-sex unions as marriages. Consequently, spousal treatment will not be extended to non-marital relationships, even in states that treat their Civil Unions and Domestic Partnerships as “marital equivalents.” Given that spousal recognition for federal tax purposes was intended to ensure geographic uniformity and horizontal equity, the IRS must grant spousal recognition to couples who are in relationships that their respective state identifies as a “marital equivalent”.
Is The Full Faith And Credit Clause Still "Irrelevant" To Same-Sex Marriage?: Toward A Reconsideration Of The Conventional Wisdom, Steve Sanders
Is The Full Faith And Credit Clause Still "Irrelevant" To Same-Sex Marriage?: Toward A Reconsideration Of The Conventional Wisdom, Steve Sanders
Indiana Law Journal
Essays on the Implications of Windsor and Perry
Evolving Values, Animus, And Same-Sex Marriage, Daniel O. Conkle
Evolving Values, Animus, And Same-Sex Marriage, Daniel O. Conkle
Indiana Law Journal
In this Essay, I contend that a Fourteenth Amendment right to same-sex marriage will emerge, and properly so, when the Supreme Court determines that justice so requires and when, in the words of Professor Alexander Bickel, the Court’s recognition of this right will “in a rather immediate foreseeable future . . . gain general assent.” I suggest that we are fast approaching that juncture, and I go on to analyze three possible justifications for such a ruling: first, substantive due process; second, heightened scrutiny equal protection; and third, rational basis equal protection coupled with a finding of illicit “animus.” I …
Exit, Voice, And Loyalty As Federalism Strategies: Lessons From The Same-Sex Marriage Debate, Ernest A. Young
Exit, Voice, And Loyalty As Federalism Strategies: Lessons From The Same-Sex Marriage Debate, Ernest A. Young
University of Colorado Law Review
No abstract provided.
The “Federal Law Of Marriage”: Deference, Deviation, And Doma, W. Burlette Carter
The “Federal Law Of Marriage”: Deference, Deviation, And Doma, W. Burlette Carter
American University Journal of Gender, Social Policy & the Law
No abstract provided.
"There's No Place Like Home" Doma Deportation: The Forced Expatriation Of Bi-National Same-Sex Couples From The United States To Canada, Anh "Annie" Nguyen
"There's No Place Like Home" Doma Deportation: The Forced Expatriation Of Bi-National Same-Sex Couples From The United States To Canada, Anh "Annie" Nguyen
San Diego International Law Journal
This comment will focus on bi-national same-sex couples who are forced to expatriate from the united states to canada because of DOMA’s detrimental effects on their relationship. more specifically, part I focuses on DOMA’s constitutionality, effects on bi-national same-sex couples, and current legal challenges. Part II provides a historical analysis of the united states’ attitude towards same-sex unions before describing current legislation regarding same-sex couples. Part III describes canada’s recognition of same-sex marriage and support of immigration equality, comparing and contrasting the canadian approach with the united states’ approach. Part IV explains the current legal and financial issues that bi-national …
Enron, Doma, And Spousal Privileges: Rethinking The Marriage Plot, Bennett Capers
Enron, Doma, And Spousal Privileges: Rethinking The Marriage Plot, Bennett Capers
Fordham Law Review
No abstract provided.
Foreward, Joseph Landau
Foreward, Joseph Landau
Fordham Law Review
On March 30, 2012, the Fordham Law Review held a daylong conference on the federal Defense of Marriage Act (DOMA), a statute enacted in 1996 with large majorities in both the House and Senate and signed into law by President Clinton. The Symposium could not have come at a better time: there have been extraordinary changes in the political dynamics surrounding relationship rights since DOMA’s enactment in 1996, when same–sex couples could not marry in any U.S. or foreign jurisdiction. Currently, same–sex couples can legally marry in six U.S. states and the District of Columbia. Nine additional states have broad …
The Solicitor General’S Office, Tradition, And Conviction, Charles Fried
The Solicitor General’S Office, Tradition, And Conviction, Charles Fried
Fordham Law Review
No abstract provided.
Missing Links In The President’S Evolution On Same-Sex Marriage, Saikrishna Bangalore Prakash
Missing Links In The President’S Evolution On Same-Sex Marriage, Saikrishna Bangalore Prakash
Fordham Law Review
No abstract provided.
Interpretive Schizophrenia: How Congressional Standing Can Solve The Enforce-But-Not-Defend Problem, Abner S. Greene
Interpretive Schizophrenia: How Congressional Standing Can Solve The Enforce-But-Not-Defend Problem, Abner S. Greene
Fordham Law Review
No abstract provided.
The Obama Administration’S Decision To Defend Constitutional Equality Rather Than The Defense Of Marriage Act, Dawn Johnsen
The Obama Administration’S Decision To Defend Constitutional Equality Rather Than The Defense Of Marriage Act, Dawn Johnsen
Fordham Law Review
No abstract provided.
Doma And Presidential Discretion: Interpreting And Enforcing Federal Law, Joseph Landau
Doma And Presidential Discretion: Interpreting And Enforcing Federal Law, Joseph Landau
Fordham Law Review
No abstract provided.
The Moral Complexity Of Cause Lawyers Within The State, David Luban
The Moral Complexity Of Cause Lawyers Within The State, David Luban
Fordham Law Review
No abstract provided.
Cause Lawyers Inside The State, Douglas Nejaime
Cause Lawyers Inside The State, Douglas Nejaime
Fordham Law Review
No abstract provided.
“Two Parts Of The Landscape Of Family In America”: Maintaining Both Spousal And Domestic Partner Employee Benefits For Both Same-Sex And Different-Sex Couples, Nancy D. Polikoff
“Two Parts Of The Landscape Of Family In America”: Maintaining Both Spousal And Domestic Partner Employee Benefits For Both Same-Sex And Different-Sex Couples, Nancy D. Polikoff
Fordham Law Review
No abstract provided.
Involuntary Imports: Williams, Lutwak, The Defense Of Marriage Act, Federalism, And “Thick” And “Thin” Conceptions Of Marriage, Lynn D. Wardle
Involuntary Imports: Williams, Lutwak, The Defense Of Marriage Act, Federalism, And “Thick” And “Thin” Conceptions Of Marriage, Lynn D. Wardle
Fordham Law Review
No abstract provided.
Collegiality And Individual Dignity, Tobias Barrington Wolff
Collegiality And Individual Dignity, Tobias Barrington Wolff
Fordham Law Review
No abstract provided.
In Defense Of The Obama Administration's Non-Defense Of Doma, Daniel J. Crooks Iii
In Defense Of The Obama Administration's Non-Defense Of Doma, Daniel J. Crooks Iii
Legislation and Policy Brief
The Constitution charges the President with the duty to “take Care that the Laws be faithfully executed . . . .” Moreover, the President takes an oath to “preserve, protect and defend the Constitution of the United States.” Although “[g]enerally, these duties are compatible . . ., when the Executive faces a law that he believes is unconstitutional, he must decide whether the law should be executed as written and defended if attacked, or whether the duty of faithfulness to the Constitution requires its repudiation.” This decision belongs to the President alone as the head of a co-equal branch of …
Homosexuals, Equal Protection, And The Guarantee Of Fundamental Rights In The New Decade: An Optimist’S Quasi-Suspect View Of Recent Events And Their Impact On Heightened Scrutiny For Sexual Orientation-Based Discrimination, John Nicodemo
Touro Law Review
No abstract provided.