Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (490)
- Civil Rights and Discrimination (338)
- Fourteenth Amendment (274)
- Law and Race (118)
- Law and Gender (106)
-
- Supreme Court of the United States (102)
- Law and Society (99)
- Courts (90)
- State and Local Government Law (90)
- Criminal Law (79)
- Jurisprudence (67)
- Education Law (63)
- Family Law (61)
- Sexuality and the Law (61)
- Criminal Procedure (51)
- Legislation (49)
- First Amendment (48)
- Legal History (47)
- Immigration Law (42)
- Social and Behavioral Sciences (38)
- Health Law and Policy (35)
- Judges (33)
- Law and Politics (28)
- Public Law and Legal Theory (28)
- Election Law (26)
- Human Rights Law (26)
- Civil Law (22)
- Labor and Employment Law (21)
- Civil Procedure (20)
- Institution
-
- University of Michigan Law School (104)
- Touro University Jacob D. Fuchsberg Law Center (98)
- Selected Works (88)
- SelectedWorks (55)
- Washington and Lee University School of Law (49)
-
- Pepperdine University (38)
- Vanderbilt University Law School (35)
- Fordham Law School (31)
- Columbia Law School (27)
- The University of Akron (27)
- University of Colorado Law School (27)
- Boston University School of Law (23)
- Maurer School of Law: Indiana University (22)
- Florida State University College of Law (19)
- Louisiana State University Law Center (19)
- University of Pennsylvania Carey Law School (18)
- Golden Gate University School of Law (17)
- Cleveland State University (16)
- Case Western Reserve University School of Law (15)
- University of Arkansas at Little Rock William H. Bowen School of Law (15)
- University of Maryland Francis King Carey School of Law (15)
- St. Mary's University (13)
- University of Pittsburgh School of Law (13)
- Cornell University Law School (11)
- New York Law School (10)
- University of Oklahoma College of Law (10)
- Northwestern Pritzker School of Law (9)
- Penn State Law (9)
- University of Florida Levin College of Law (9)
- George Washington University Law School (8)
- Publication Year
- Publication
-
- Touro Law Review (83)
- Faculty Scholarship (71)
- Michigan Law Review (53)
- Articles (41)
- Pepperdine Law Review (35)
-
- All Faculty Scholarship (27)
- Publications (26)
- Washington and Lee Law Review (25)
- Akron Law Review (21)
- Louisiana Law Review (19)
- Vanderbilt Law Review (19)
- Scholarly Works (18)
- Golden Gate University Law Review (17)
- Journal Articles (17)
- Case Western Reserve Law Review (15)
- Florida State University Law Review (15)
- Fordham Law Review (15)
- Cleveland State Law Review (13)
- University of Arkansas at Little Rock Law Review (13)
- Articles by Maurer Faculty (11)
- Cornell Law Faculty Publications (11)
- Maryland Law Review (11)
- Michigan Journal of Race and Law (11)
- Vanderbilt Law School Faculty Publications (11)
- American Indian Law Review (10)
- Washington and Lee Journal of Civil Rights and Social Justice (10)
- Fordham Urban Law Journal (9)
- Indiana Law Journal (9)
- Northwestern University Law Review (9)
- St. Mary's Law Journal (9)
- Publication Type
Articles 31 - 60 of 1039
Full-Text Articles in Law
The Racist Roots Of The War On Drugs And The Myth Of Equal Protection For People Of Color, André Douglas Pond Cummings, Steven A. Ramirez
The Racist Roots Of The War On Drugs And The Myth Of Equal Protection For People Of Color, André Douglas Pond Cummings, Steven A. Ramirez
University of Arkansas at Little Rock Law Review
By 2021, the costs and pain arising from the propagation of the American racial hierarchy reached such heights that calls for anti-racism and criminal justice reform dramatically expanded. The brutal murder of George Floyd by the Minneapolis police vividly proved that the social construction of race in America directly conflicted with supposed American values of equal protection under law and notions of basic justice. The racially-driven War on Drugs (WOD) fuels much of the dissonance between American legal mythology—such as the non-discrimination principle and the impartial administration of the rule of law—and the reality of race in the United States. …
Equal Protection And Scarce Therapies: The Role Of Race, Sex, And Other Protected Classifications, Govind Persad
Equal Protection And Scarce Therapies: The Role Of Race, Sex, And Other Protected Classifications, Govind Persad
SMU Law Review Forum
The allocation of scarce medical treatments, such as antivirals and antibody therapies for COVID-19 patients, has important legal dimensions. This Essay examines a currently debated issue: how will courts view the consideration of characteristics shielded by equal protection law, such as race, sex, age, health, and even vaccination status, in allocation? Part II explains the application of strict scrutiny to allocation criteria that consider individual race, which have been recently debated, and concludes that such criteria are unlikely to succeed under present Supreme Court precedent. Part III analyzes the use of sex-based therapy allocation criteria, which are also in current …
Affirmative Action Tested: The Constitutionality Of “Landscape”, Eric James Seltzer
Affirmative Action Tested: The Constitutionality Of “Landscape”, Eric James Seltzer
St. John's Law Review
(Excerpt)
In August 2019, the College Board announced it was launching a program providing higher education institutions with “context about students’ high schools and neighborhoods when making admissions decisions.” In August 2019, the College Board announced it was launching “Landscape,” a program providing higher education institutions with “context about students’ high schools and neighborhoods when making admissions decision.” Landscape collects and organizes data into three categories—basic high school data, such as school locale, test score comparison, and high school and neighborhood indicators—that offers insight into high schools and neighborhoods. Among these indicators are quintessential measures of socioeconomic status, including college …
Lochner's Revenge: Tiered Scrutiny And The Acceptance Of Judicial Subjectivity, Phillip J. Closius
Lochner's Revenge: Tiered Scrutiny And The Acceptance Of Judicial Subjectivity, Phillip J. Closius
University of Cincinnati Law Review
No abstract provided.
Hope Dies Last: The Progressive Potential And Regressive Reality Of The Antibalkanization Approach To Racial Equality, David Simson
Hope Dies Last: The Progressive Potential And Regressive Reality Of The Antibalkanization Approach To Racial Equality, David Simson
Articles & Chapters
This Article relies on Critical Race Theory concepts and social science research to make an important and timely contribution to a debate in law and public policy that is both longstanding and of immense current importance: What is the relationship between social cohesion on the one hand, and racial equality progress on the other. Events over the last year have put this question into sharp relief. On the one hand, portions of the general public and at least some policymakers have signaled support for the demands of racial justice activists to reduce and eliminate systemic racism after too many tragedies …
Prison Transfers And The Mootness Doctrine: Disappearing The Rule Of Law In Prisons, Spearit
Prison Transfers And The Mootness Doctrine: Disappearing The Rule Of Law In Prisons, Spearit
Book Chapters
Access to the legal system does not come easily for people in prison. There are administrative procedures that must be exhausted; federal legislation like the Prison Litigation Reform Act disadvantages prisoner-petitioners in multiple ways, including by imposing significant limits on damages and creating financial disincentives for lawyers to take on cases. Such onerous legislation and lack of legal aid ensure genuine issues evade redress. Sometimes, however, the law itself is the cause of evasion. Sometimes doctrine prevents the Rule of Law from functioning in prison, particularly when a prison-transfer moots a legal claim. In the most egregious situations, a transfer …
Suspect Classifications, Immutability, And Moral Responsibility, Michael Gentithes
Suspect Classifications, Immutability, And Moral Responsibility, Michael Gentithes
Con Law Center Articles and Publications
Immutability is an important thread in equal protection jurisprudence.1 It helps explain when a government classification is constitutionally suspect, requiring courts to evaluate that classification under the exacting strict scrutiny standard.2 Recently the Supreme Court, though not expressly relying on equal protection arguments to reach its holding, has suggested that sexual orientation is an immutable trait of the sort that traditionally triggers strict scrutiny when the government relies upon it.3 But the suggestion that sexual orientation is immutable, and thus subject to strict scrutiny, has not found wide acceptance across the judiciary. Furthermore, the scientific evidence surrounding sexual orientation is …
Gender, Voting Rights, And The Nineteenth Amendment, Paula A. Monopoli
Gender, Voting Rights, And The Nineteenth Amendment, Paula A. Monopoli
Faculty Scholarship
One hundred years after the woman suffrage amendment became part of the United States Constitution, a federal court has held—for the first time—that a plaintiff must establish intentional discrimination to prevail on a direct constitutional claim under the Nineteenth Amendment. In adopting that threshold standard, the court simply reasoned by strict textual analogy to the Fifteenth Amendment and asserted that “there is no reason to read the Nineteenth Amendment differently from the Fifteenth Amendment.” This paper’s thesis is that, to the contrary, the Nineteenth Amendment is deserving of judicial analysis independent of the Fifteenth Amendment because it has a distinct …
Eminent Domain And Unfettered Discretion: Lessons From A History Of U.S. Territorial Takings, Jill M. Fraley
Eminent Domain And Unfettered Discretion: Lessons From A History Of U.S. Territorial Takings, Jill M. Fraley
Scholarly Articles
Eminent domain is a minimal constitutional protection for private property and one that is subject to far more discretion than previously recognized by scholars. This Article traces a novel legal history of land takings within the U.S. Territories, focusing on some of the most egregious and controversial incidents and problematic patterns originating within eminent domain law. Comparing this history to recent research that demonstrates how takings in the States have disproportionately impacted Black communities, this Article articulates three patterns of injustices in takings echoing between Black mainland communities and indigenous communities in the Territories: large-scale federally funded actions, local government …
The Civil Right To Belong: A Case Study On Immigrant Integration Of Muslim Students In Educational Institutions, Mamoona H. Siddiqui
The Civil Right To Belong: A Case Study On Immigrant Integration Of Muslim Students In Educational Institutions, Mamoona H. Siddiqui
Theses and Dissertations
Constitutional equal protection values serve as social integration policies for new Americans and generations that follow. They promise equal opportunity, fair treatment, protection from unlawful discrimination, and freedom to preserve cultural identities in their new communities. However, in times of national security crises and political polarization, the disjuncture in the way equal protection doctrines have been historically implemented often reflect deep-rooted inequities that impact underrepresented communities. American Muslims are one such community in which members have experienced anti-Muslim and anti-immigrant sentiment particularly after 9/11 and political polarization on immigration and civil rights policies. The study explores the equal protection doctrine …
Identifying The Plessy Remainder: State Exploitation Of Private Discriminatory-Impact Actions, Matthew P. Shaw
Identifying The Plessy Remainder: State Exploitation Of Private Discriminatory-Impact Actions, Matthew P. Shaw
Vanderbilt Law School Faculty Publications
Public education in the U.S. is arguably more racially segregated now than it was in 1954, when the U.S. Supreme Court declared in Brown v. Board of Education "that in the field of public education the doctrine of separate but equal' has no place." Although scholars may differ in the extent they believe that racial integration might be necessary for educational equality, most agree that educational segregation, whether imposed by law, socioeconomics, or happenstance, is not likely to reverse in any meaningful way in the near future.
In the absence of a recognized federal right to education, federal-court- supervised school …
Exploring Race And Racism In The Law School Curriculum: An Administrator's View On Adopting An Antiracist Curriculum, Amy Gaudion
Exploring Race And Racism In The Law School Curriculum: An Administrator's View On Adopting An Antiracist Curriculum, Amy Gaudion
Faculty Scholarly Works
This article provides a candid assessment of the demanding, and rewarding, work that is required to put into action the written words of institutional support for implementing an Antiracist curriculum. This article starts by describing the two Penn State Dickinson Law faculty resolutions that committed the faculty to condemn racism and bias against our Black and Brown brothers and sisters, while committing to teach and learn according to Antiracist pedagogy and best practices. It then describes the resolve to become Antiracist teachers, discusses the investments in curricular policy and reform, and details the bureaucratic processes to accomplish the following: adding …
Federal District Court Refuses To Dismiss Challenge To West Virginia Law Banning Trans Girls From Scholastic Athletic Competition, Arthur S. Leonard
Federal District Court Refuses To Dismiss Challenge To West Virginia Law Banning Trans Girls From Scholastic Athletic Competition, Arthur S. Leonard
Other Publications
No abstract provided.
Unsexing Breastfeeding, Naomi Schoenbaum
Unsexing Breastfeeding, Naomi Schoenbaum
GW Law Faculty Publications & Other Works
For half a century, constitutional sex equality doctrine has been combating harmful sex stereotypes by invalidating laws that treat women as caregivers and men as breadwinners. Yet decades after the constitutional sex equality revolution unsexed parenting roles, one area of parenting has escaped this doctrine’s exacting gaze: breastfeeding. Beginning in the 1990s in the wake of public health efforts to promote breastfeeding, a raft of laws were enacted, from insurance coverage mandates under the Affordable Care Act to workplace accommodations under the Fair Labor Standards Act, that provide substantial breastfeeding protections and benefits, but only to women. Although the sexed …
One Vote, Two Votes, Three Votes, Four: How Ranked Choice Voting Burdens Voting Rights And More, Brandon Bryer
One Vote, Two Votes, Three Votes, Four: How Ranked Choice Voting Burdens Voting Rights And More, Brandon Bryer
University of Cincinnati Law Review
No abstract provided.
Menstrual Dignity And The Bar Exam, Margaret E. Johnson, Marcy L. Karin, Elizabeth Cooper
Menstrual Dignity And The Bar Exam, Margaret E. Johnson, Marcy L. Karin, Elizabeth Cooper
All Faculty Scholarship
This Article examines the issue of menstruation and the administration of the bar exam. Although such problems are not new, over the summer and fall of 2020, test takers and commentators took to social media to critique state board of law examiners’ (“BOLE”) policies regarding menstruation. These problems persist. Menstruators worry that if they unexpectedly bleed during the exam, they may not have access to appropriately sized and constructed menstrual products or may be prohibited from accessing the bathroom. Personal products that are permitted often must be carried in a clear, plastic bag. Some express privacy concerns that the see-through …
Equal Protection And Abortion: Brief Of Equal Protection Constitutional Law Scholars Serena Mayeri, Melissa Murray, And Reva Siegel As Amici Curiae In Support Of Respondents In Dobbs V. Jackson Women's Health Organization, Reva Siegel, Melissa Murray, Serena Mayeri
Equal Protection And Abortion: Brief Of Equal Protection Constitutional Law Scholars Serena Mayeri, Melissa Murray, And Reva Siegel As Amici Curiae In Support Of Respondents In Dobbs V. Jackson Women's Health Organization, Reva Siegel, Melissa Murray, Serena Mayeri
All Faculty Scholarship
Equal Protection changes the questions we ask about abortion restrictions. In Dobbs v. Jackson Women’s Health Organization, an amicus brief filed on our behalf demonstrated that Mississippi’s ban on abortions after 15 weeks violates the Fourteenth Amendment’s Equal Protection Clause. The brief continues a tradition of equality arguments that preceded Roe v. Wade and will continue, in new forms, after Dobbs. Our brief shows how the canonical equal protection cases United States v. Virginia and Department of Human Resources v. Hibbs extend to the regulation of pregnancy, hence provide an independent constitutional basis for abortion rights.
Under equal …
Second Amendment Animus, Jacob D. Charles
Second Amendment Animus, Jacob D. Charles
Northwestern University Law Review
No abstract provided.
Prohibiting Cashless Retailers And Protecting The Impoverished, Allison Kretovic
Prohibiting Cashless Retailers And Protecting The Impoverished, Allison Kretovic
Georgia State University Law Review
A growing number of customer-facing businesses have opted to implement cashless policies, declining to accept cash for payment and limiting consumers’ options on how they can pay for goods and services. Proponents for cashless policies cite the efficiencies gained by removing cash from a business and concerns about theft as their primary reasons for supporting such policies. Opponents to the move toward cashless express concerns that the policy is discriminatory and has a disparate impact on lower-income consumers who do not have access to financial institutions. Policymakers at the local and state levels have responded by proposing and enacting legislation …
An Absolute Deprivation Of Liberty: Why Indigents’ Wealth-Based Discrimination Claims Brought Under The Equal Protection Clause Should Be Subject To Intermediate Scrutiny, Athena Hernandez
Golden Gate University Law Review
This Comment argues that wealth-based discrimination claims concerning pretrial detention of indigents should be analyzed under an Equal Protection framework and subjected to intermediate scrutiny. In order to provide an overview of the Supreme Court precedent established for these types of claims, Part I of this Comment will discuss the relevant and historic Supreme Court cases which have analyzed wealth-based incarceration claims in the United States. To further establish how Federal Courts have treated wealth-based incarceration Equal Protection claims, Part II will discuss the Fifth Circuit’s relevant opinions. Part III outlines the court’s decision in Walker, discussing how the …
Access To Justice For Immigrants: A Lecture Presented In Memory Of Breana Boss, Ingrid Eagly
Access To Justice For Immigrants: A Lecture Presented In Memory Of Breana Boss, Ingrid Eagly
University of Colorado Law Review Forum
No abstract provided.
Covenants To Discriminate: How The Anti-Lgbt Policies Of Participating Voucher Schools Might Violate The State Action Doctrine, Preston C. Green Iii, Julie F. Mead, Suzanne E. Eckes
Covenants To Discriminate: How The Anti-Lgbt Policies Of Participating Voucher Schools Might Violate The State Action Doctrine, Preston C. Green Iii, Julie F. Mead, Suzanne E. Eckes
The University of New Hampshire Law Review
This article analyzes the legal arguments that students might make to compel states that subsidize private education through voucher, tax credit scholarship, and ESA programs to offer these programs on an equal basis, regardless of the sexual orientation or gender identity of the student or members of the student’s family. The first section provides an overview of voucher programs and discusses the prevalence of participating schools with anti-LGBT admissions policies. The second section evaluates constitutional challenges that students could make to invalidate the anti-LGBT admissions policies of participating voucher schools under the state action doctrine. Specifically, we explain the possibilities …
Untested And Neglected: Clarifying The Comparator Requirement In Equal Protection Claims Based On Untested Rape Kits, Emily Jones
Untested And Neglected: Clarifying The Comparator Requirement In Equal Protection Claims Based On Untested Rape Kits, Emily Jones
Northwestern University Law Review
Rape kits are important tools used to store the evidence that is collected from a victim’s body and clothing following a sexual assault. Although the DNA evidence stored in rape kits is crucial to rape investigations, police departments throughout the country have routinely failed to test rape kits. This remains true despite the national funding allocated specifically for rape kit testing. This widespread neglect hinders justice and renders community members unprotected from sexual violence. The national rape kit backlog has sparked legal challenges; six lawsuits have been filed against police departments for systematically refusing to test rape kits, alleging equal …
The Gender Pay Gap, In Relation To Professional Sports, Bryan Ramdat
The Gender Pay Gap, In Relation To Professional Sports, Bryan Ramdat
Journal of Race, Gender, and Ethnicity
No abstract provided.
Rbg And Gender Discrimination, Eileen Kaufman
Redefining Sex Offenders: The Fight To Break The Bias Of Female Sex Offenders, Norma Hamilton
Redefining Sex Offenders: The Fight To Break The Bias Of Female Sex Offenders, Norma Hamilton
Journal of Race, Gender, and Ethnicity
No abstract provided.
Amen Over All Men: The Supreme Court’S Preservation Of Religious Rights And What That Means For Fulton V. City Of Philadelphia, Christopher Manettas
Amen Over All Men: The Supreme Court’S Preservation Of Religious Rights And What That Means For Fulton V. City Of Philadelphia, Christopher Manettas
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Unconstitutional Police, Brandon Hasbrouck
The Unconstitutional Police, Brandon Hasbrouck
Scholarly Articles
Most Fourth Amendment cases arise under a basic fact pattern. Police decide to do something--say, stop and frisk a suspect. They find some crime--say, a gun or drugs--they arrest the suspect, and the suspect is subsequently charged with a crime. The suspect--who is all too often Black--becomes a defendant and challenges the police officers' initial decision as unconstitutional under the Fourth Amendment. The defendant seeks to suppress the evidence against them or perhaps to recover damages for serious injuries under 42 U.S.C. § 1983. The courts subsequently constitutionalize the police officers' initial decision with little or no scrutiny. Effectively, the …
Rbg And Gender Discrimination, Eileen Kaufman
Second-Trimester Abortion Dangertalk, Greer Donley, Jill Wieber Lens
Second-Trimester Abortion Dangertalk, Greer Donley, Jill Wieber Lens
Articles
Abortion rights are more vulnerable now than they have been in decades. This Article focuses specifically on the most assailable subset of those rights: the right to a pre-viability, second-trimester abortion. Building on Carhart v. Gonzales, where the Supreme Court upheld a federal ban on a safe and effective second-trimester abortion procedure, states have passed new second-trimester abortion restrictions that rely heavily on the woman-protective rationale—the idea that the restrictions will benefit women. These newer second-trimester abortion restrictions include bans on the Dilation & Evacuation (D&E) procedure, bans on disability-selective abortions, and mandatory perinatal hospice and palliative care counseling …