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Equal protection

1996

Discipline
Institution
Publication
Publication Type

Articles 1 - 17 of 17

Full-Text Articles in Law

The Unconventional Equal Protection Jurisprudence Of Jury Selection, Joel H. Swift May 1996

The Unconventional Equal Protection Jurisprudence Of Jury Selection, Joel H. Swift

Northern Illinois University Law Review

This article traces the development of equal protection jurisprudence as it has been applied to one aspect of the criminal justice system, to wit, selection of juries. It demonstrates that the United States Supreme Court's approach has been inconsistent with conventional equal protection doctrine in two ways. Unlike conventional doctrine, which requires proof of subjective intent to discriminate to make out a prima facie case, the Court has found that the mere use of a jury selection process that has a proven statistically disparate negative impact on the selection of African-American jurors is sufficient to establish a prima facie violation …


The Constitutional Amendment By Missouri V. Jenkins, Laura S. Fitzgerald Apr 1996

The Constitutional Amendment By Missouri V. Jenkins, Laura S. Fitzgerald

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Effect, Or No Effect: A Comparison Of Prima Facie Standards Applied In "Disparate Impact" Cases Brought Under The Fair Housing Act (Title Viii), Kristopher E. Ahrend Apr 1996

Effect, Or No Effect: A Comparison Of Prima Facie Standards Applied In "Disparate Impact" Cases Brought Under The Fair Housing Act (Title Viii), Kristopher E. Ahrend

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Quasi-Suspect Status For Homosexuals In Equal Protection Analysis: Equality Foundation Of Greater Cincinnati V. City Of Cincinnati, Tracy T. Kenton Apr 1996

Quasi-Suspect Status For Homosexuals In Equal Protection Analysis: Equality Foundation Of Greater Cincinnati V. City Of Cincinnati, Tracy T. Kenton

Georgia State University Law Review

No abstract provided.


The "Constitutional" Assault On The Virginia Military Institute, Jon A. Soderberg Mar 1996

The "Constitutional" Assault On The Virginia Military Institute, Jon A. Soderberg

Washington and Lee Law Review

No abstract provided.


Unexplainable On Grounds Other Than Race , David Kairys Feb 1996

Unexplainable On Grounds Other Than Race , David Kairys

American University Law Review

No abstract provided.


Equal Protection For Non-Suspect Class Victims Of Governmental Misconduct: Theory And Proof Of Disparate Treatment And Arbitrariness Claims, J. Michael Mcguinness Jan 1996

Equal Protection For Non-Suspect Class Victims Of Governmental Misconduct: Theory And Proof Of Disparate Treatment And Arbitrariness Claims, J. Michael Mcguinness

Campbell Law Review

This article provides an overview of cases exploring non-traditional equal protection principles. In particular, it outlines Esmail v. Macrane, a decision of the Seventh Circuit Court of Appeals. Esmail better explains how equal protection is not limited to suspect classes, but applies to all individuals regardless of race, gender or other classification. The article also explores other equal protection theories such as selective enforcement, disparate treatment and gross abuse of power cases. Finally, this article develops a practical proof analysis to illustrate what can be offered to demonstrate improper intent for purposes of establishing an equal protection violation.


Sex As A Suspect Class: An Argument For Applying Strict Scrutiny To Gender Discrimination, Deborah Brake Jan 1996

Sex As A Suspect Class: An Argument For Applying Strict Scrutiny To Gender Discrimination, Deborah Brake

Articles

In United States v. Commonwealth of Virginia' ("VMI"), the Supreme Court has a landmark opportunity to revisit the legal standard courts should use to review classifications which treat men and women differently. The VMI case involves an equal protection challenge to the state's exclusion of women from VMI and its establishment of an alternative, sex-stereotyped women's leadership program as a remedy to that exclusion. The United States, which brought the case against VMI, has asked the Supreme Court to rule that sex-based classifications, like classifications based on race, must be subjected to the highest level of constitutional scrutiny, or "strict …


Is Title Vi A Magic Bullet? Environmental Racism In The Context Of Political-Economic Processes And Imperatives, Steven A. Light, Kathryn R.L. Rand Jan 1996

Is Title Vi A Magic Bullet? Environmental Racism In The Context Of Political-Economic Processes And Imperatives, Steven A. Light, Kathryn R.L. Rand

Michigan Journal of Race and Law

This Article examines avenues of redress and pollution prevention for impoverished people of color that flow from Title VI litigation strategies within the larger context of the environmental justice movement. Environmental justice issues can serve as tools with which to question status quo distributive policymaking processes and outcomes. Specifically, this Article concerns itself with practical routes toward increasing distributive justice and democratic efficacy.


Workers' Compensation Jan 1996

Workers' Compensation

Touro Law Review

No abstract provided.


State Constitutional Jurisprudence: Decision Making At The New York Court Of Appeals, Michael Hutter, Vincent Bonventre, Luke Bierman Jan 1996

State Constitutional Jurisprudence: Decision Making At The New York Court Of Appeals, Michael Hutter, Vincent Bonventre, Luke Bierman

Touro Law Review

No abstract provided.


Reconsidering Strict Scrutiny Of Affirmative Action, Brent E. Simmons Jan 1996

Reconsidering Strict Scrutiny Of Affirmative Action, Brent E. Simmons

Michigan Journal of Race and Law

Under the artificial constraints of strict scrutiny, however, the courts are free to veto the government's choice of more effective, race-conscious means. The Supreme Court's unfortunate and ill-conceived adoption of strict scrutiny as the constitutional standard for reviewing race-conscious affirmative action should be reconsidered for several reasons. This Article examines those reasons.


Adarand Constructors, Inc. V. Pena: The Lochnerization Of Affirmative Action Recent Development., Patricia A. Carlson Jan 1996

Adarand Constructors, Inc. V. Pena: The Lochnerization Of Affirmative Action Recent Development., Patricia A. Carlson

St. Mary's Law Journal

The Supreme Court’s decision in Adarand will lead to the invalidation of many federal programs because the decision requires strict scrutiny for all affirmative action programs, including federal programs. The Court ignores both constitutional strictures and American history by resorting to Lochner era rulings of striking down federal socio-economic regulations. Overturning the clear precedent of Fullilove undermines stare decisis by valuing the language of the Court’s decision over its meaning.   The Court in Adarand presumes that the Constitution is color-blind. This presumption ignores the history leading up to the Reconstruction Amendments, the purpose of the Reconstruction Amendments, and the intentions …


Speaking The Language Of Exclusion: How Equal Protection And Fundamental Rights Analyses Permit Language Discrimination (Comment), Donna F. Coltharp Jan 1996

Speaking The Language Of Exclusion: How Equal Protection And Fundamental Rights Analyses Permit Language Discrimination (Comment), Donna F. Coltharp

Faculty Articles

No abstract provided.


Black Women, Gender Equity And The Function At The Junction, Alfred Dennis Mathewson Jan 1996

Black Women, Gender Equity And The Function At The Junction, Alfred Dennis Mathewson

Marquette Sports Law Review

No abstract provided.


Due Process Jan 1996

Due Process

Touro Law Review

No abstract provided.


What If? The Legal Consequences Of Marriage And The Legal Needs Of Lesbian And Gay Male Couples, David L. Chambers Jan 1996

What If? The Legal Consequences Of Marriage And The Legal Needs Of Lesbian And Gay Male Couples, David L. Chambers

Articles

Laws that treat married persons in a different manner than they treat single persons permeate nearly every field of social regulation in this country - taxation, torts, evidence, social welfare, inheritance, adoption, and on and on. In this article I inquire into the patterns these laws form and the central benefits and obligations that marriage entails, a task few scholars have undertaken in recent years. I have done so because same-sex couples, a large group not previously eligible to marry under the laws of any American jurisdiction, may be on the brink of securing the opportunity to do so in …