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Legal Remedies Commons

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Full-Text Articles in Legal Remedies

Closet Case: Boy Scouts Of America V. Dale And The Reinforcement Of Gay, Lesbian, Bisexual, And Transgender Invisibility, Darren Hutchinson Oct 2001

Closet Case: Boy Scouts Of America V. Dale And The Reinforcement Of Gay, Lesbian, Bisexual, And Transgender Invisibility, Darren Hutchinson

Darren L Hutchinson

This Article argues that the Supreme Court's decision in Boy Scouts of America v. Dale misapplies and ignores controlling First Amendment precedent and incorrectly defines "sexual identity" as a clinical or biological imposition that exists apart from expression or speech. This article provides a doctrinal alternative to Dale that would protect vital interests in both equality and liberty and that would not condition, as does Dale, sexual "equality" upon the silencing of gay lesbian, bisexual, and transgender individuals.


Identity Crisis: Intersectionality, Multidimensionality, And The Development Of An Adequate Theory Of Subordination, Darren Hutchinson Dec 2000

Identity Crisis: Intersectionality, Multidimensionality, And The Development Of An Adequate Theory Of Subordination, Darren Hutchinson

Darren L Hutchinson

No abstract provided.


Teaching Restitution.Pdf, Candace Kovacic-Fleischer Dec 2000

Teaching Restitution.Pdf, Candace Kovacic-Fleischer

Candace Kovacic-Fleischer

INTRODUCTION: When I began teaching in 1981, I was assigned two separate Remedies courses to teach during the fall: Equitable Remedies and Legal and Extraordinary Remedies. For the Equitable course, I chose the text Leavell, Love & Nelson, Equitable Remedies, Restitution and Damages (3d ed. 1980) and for the Legal and Extraordinary course, York and Bauman, Remedies (3d ed. 1979). I was not sure what "extraordinary remedies" were if they were not equitable remedies, so I assumed they must be this topic called restitution. Of course, most people refer to equitable remedies as the extraordinary ones, and my two Remedies …