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Articles 1 - 16 of 16
Full-Text Articles in Law
Pro-Choice (Of Law): Extraterritorial Application Of State Law Using Abortion As A Case Study, Marnie Leonard
Pro-Choice (Of Law): Extraterritorial Application Of State Law Using Abortion As A Case Study, Marnie Leonard
American University Journal of Gender, Social Policy & the Law
Madison Underwood was scheduled to receive a life-saving abortion at a clinic in Tennessee when her doctor told her the procedure had been canceled. The Supreme Court had overturned the constitutional right to abortion a few days prior. Although Underwood’s abortion was still legal in Tennessee, her doctor felt performing the procedure was too risky with the law changing so quickly.
Concord With Which Other Families: Marriage Equality, Family Demographics, And Race, Nancy Polikoff
Concord With Which Other Families: Marriage Equality, Family Demographics, And Race, Nancy Polikoff
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Aba, The Section Of Civil Rights And Social Justice, The Constitution, And The Supreme Court, Stephen Wermiel
The Aba, The Section Of Civil Rights And Social Justice, The Constitution, And The Supreme Court, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Insecure Communities: How Increased Localization Of Immigration Enforcement Under President Obama Through The Secure Communities Program Makes Us Less Safe, And May Violate The Constitution, Rachel Zoghlin
The Modern American
No abstract provided.
Constitutional Borrowing, Robert L. Tsai
Constitutional Borrowing, Robert L. Tsai
Articles in Law Reviews & Other Academic Journals
Borrowing from one domain to promote ideas in another domain is a staple of constitutional decisionmaking. Precedents, arguments, concepts, tropes, and heuristics all can be carried across doctrinal boundaries for purposes of persuasion. Yet the practice itself remains underanalyzed. This Article seeks to bring greater theoretical attention to the matter. It defines what constitutional borrowing is and what it is not, presents a typology that describes its common forms, undertakes a principled defense of borrowing, and identifies some of the risks involved. The authors' examples draw particular attention to places where legal mechanisms and ideas migrate between fields of law …
Envisioning The Constitution , Thomas P. Crocker
Envisioning The Constitution , Thomas P. Crocker
American University Law Review
If one of the more persistent problems of constitutional interpretation, particularly of the Bill of Rights, is that we lack a clear view of it, then it would appear that how we see the Constitution is as important as how we read it. What clauses we see as connected in order to form comprehensive values, such as federalism or rights protections, are not so much products of constitutional interpretation as constitutional vision. To obtain a view of the Constitution, we have to do more than derive semantic meaning from diverse articles and clauses. To have a vision of the Constitution …
Gender Curve: An Analysis Of Colleges' Use Of Affirmative Action Policies To Benefit Male Applicants, Debra Franzese
Gender Curve: An Analysis Of Colleges' Use Of Affirmative Action Policies To Benefit Male Applicants, Debra Franzese
American University Law Review
This comment evaluates the constitutionality of affirmative action policies that benefit male students. Part I sets out background information about potential causes of action and remedies for female students who challenge affirmative action policies that benefit male students. Section A discusses the Equal Protection Clause of the Fourteenth Amendment and the development of the law regarding universities’ use of racial affirmative action policies. Section B discusses potential remedies under Title IX of the Education Amendments of 1972 (“Title IX”) and the similarity between Title IX and Title VI of the Civil Rights Act (“Title VI”). Section C discusses state remedies …
The Federal Marriage Amendment: To Protect The Sanctity Of Marriage Or Destroy Constitutional Democracy?, Joan Schaffner
The Federal Marriage Amendment: To Protect The Sanctity Of Marriage Or Destroy Constitutional Democracy?, Joan Schaffner
American University Law Review
No abstract provided.
For The Sake Of All Children: Opponents And Supporters Of Same-Sex Marriage Both Miss The Mark, Nancy Polikoff
For The Sake Of All Children: Opponents And Supporters Of Same-Sex Marriage Both Miss The Mark, Nancy Polikoff
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Re-Mapping Equal Protection Jurisprudence: A Legal Geography Of Race And Affirmative Action, Reginald Oh
Re-Mapping Equal Protection Jurisprudence: A Legal Geography Of Race And Affirmative Action, Reginald Oh
American University Law Review
No abstract provided.
Mandatory Motherhood And Frustrated Fatherhood: The Supreme Court's Preservation Of Gender Discrimination In American Citizenship Law, Erin Chlopak
American University Law Review
No abstract provided.
Unequal Before The Law: Men, Women And The Death Penalty, Andrea Shapiro
Unequal Before The Law: Men, Women And The Death Penalty, Andrea Shapiro
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Sex-Based Discrimination In U.S. Immigration Law: The High Court's Lost Opportunity To Bridge The Gap Between What We Say And What We Do , Debra L. Satinoff
Sex-Based Discrimination In U.S. Immigration Law: The High Court's Lost Opportunity To Bridge The Gap Between What We Say And What We Do , Debra L. Satinoff
American University Law Review
No abstract provided.
Race, Law And Justice: The Rehnquist Court And The American Dilemma , Paul Butler, Richard D. Kahlenberg, Roger Pilon, Robert S. Chang, David Kairys, Jamin B. Raskin, Charles J. Cooper, Phil Tajitsu Nash, Jeffret\Y Rosen, Adrienne D. Davis, Alexandra Natapoff, Katheryn K. Russell, Angela Jordan Newton, Burton Wechsler, Mark Hager, Clarence Page, Brenda Wright, Stuart Ishimaru, Frank R. Parker, Frank H. Wu
Race, Law And Justice: The Rehnquist Court And The American Dilemma , Paul Butler, Richard D. Kahlenberg, Roger Pilon, Robert S. Chang, David Kairys, Jamin B. Raskin, Charles J. Cooper, Phil Tajitsu Nash, Jeffret\Y Rosen, Adrienne D. Davis, Alexandra Natapoff, Katheryn K. Russell, Angela Jordan Newton, Burton Wechsler, Mark Hager, Clarence Page, Brenda Wright, Stuart Ishimaru, Frank R. Parker, Frank H. Wu
American University Law Review
No abstract provided.
United States V. Clary: Equal Protection And The Crack Statute , Jason A. Gillmer
United States V. Clary: Equal Protection And The Crack Statute , Jason A. Gillmer
American University Law Review
No abstract provided.
United States V. Clary: Equal Protection And The Crack Statute , Jason A. Gillmer
United States V. Clary: Equal Protection And The Crack Statute , Jason A. Gillmer
American University Law Review
No abstract provided.