Roe As We Know It,
2016
University of Texas School of Law
Roe As We Know It, Cary Franklin
Michigan Law Review
The petitioners in last year’s historic same-sex marriage case cited most of the Supreme Court’s canonical substantive due process precedents. They argued that the right of same-sex couples to marry, like the right to use birth control and the right to guide the upbringing of one’s children, was among the liberties protected by the Fourteenth Amendment. The Court in Obergefell v. Hodges agreed, citing many of the same cases. Not once, however, did the petitioners or the majority in Obergefell cite the Court’s most famous substantive due process decision. It was the dissenters in Obergefell who invoked Roe v. Wade.
Unleashing The Fourteenth Amendment,
2016
Duquesne University
Unleashing The Fourteenth Amendment, Ann L. Schiavone
Law Faculty Publications
Do Justice Anthony Kennedy's opinions in the gay rights cases of Romer v. Evans,2 Lawrence v. Texas,3 United States v. Windsor,4 and Obergefell v. Hodges5 have any impact on the future of Fourteenth Amendment jurisprudence beyond rights for gays., lesbians, and transgender persons? We don't know. It is possible these cases will simply remain siloed in their unique legal and cultural niche, but viewing tbem through the lens of 150 years of Fourteenth Amendment jurisprudence suggests they may signaJ a shift in due process and equal protection analysis. This shift couJd open the doors …
Back Down To Bullying? The Detrimental Effects Of Zero Tolerance Policies On Bullied Adolescents,
2016
Benjamin N. Cardozo School of Law
Back Down To Bullying? The Detrimental Effects Of Zero Tolerance Policies On Bullied Adolescents, Devon L. Disiena
Cardozo Journal of Equal Rights & Social Justice
The note critiques zero tolerance policies in schools, arguing that they disproportionately harm bullied adolescents by failing to consider their circumstances, leading to unjust disciplinary actions and discouraging victims from seeking help. It advocates for legislative reforms, particularly in New York, to include self-defense as a mitigating factor in disciplinary decisions.
On Pride’S Eve, The State Of Transgender Equality,
2016
New York Law School
On Pride’S Eve, The State Of Transgender Equality, Arthur S. Leonard
Other Publications
No abstract provided.
Thou Shall Not Adopt: Sexual Orientation Discrimination In The Adoption Process,
2016
Benjamin N. Cardozo School of Law
Thou Shall Not Adopt: Sexual Orientation Discrimination In The Adoption Process, Peter Gallucci
Cardozo Journal of Equal Rights & Social Justice
The note addresses the issue of sexual orientation discrimination in the adoption process, highlighting how religious-based adoption agencies often deny services to LGBTQ+ couples, despite the growing need for foster care placements. It critiques current laws that permit such discrimination and proposes an enhanced version of the Every Child Deserves a Family Act to ensure equal adoption rights while mitigating the impact on states and foster children.
Housing Intersex Juvenile Offenders,
2016
Benjamin N. Cardozo School of Law
Housing Intersex Juvenile Offenders, Janae Hunte
Cardozo Journal of Equal Rights & Social Justice
The note examines the legal and societal challenges faced by intersex individuals, particularly in the U.S. prison system, arguing that current laws and policies fail to adequately protect their rights. It highlights the need for standardized guidelines and protections, advocating for federal standards that respect intersex individuals' autonomy and safety in prison housing. The analysis focuses on the intersection of medical normalization practices, constitutional rights, and legislative shortcomings, emphasizing the importance of addressing these issues through legal reform and policy changes.
The High Power Of The Lower Courts,
2016
New York Law School
The High Power Of The Lower Courts, Doni Gewirtzman
Other Publications
No abstract provided.
Rejecting The Tattooed Applicant, Disciplining The Tattooed Employee: What Are The Risks?,
2016
University of Richmond
Rejecting The Tattooed Applicant, Disciplining The Tattooed Employee: What Are The Risks?, Stephen Allred
Law Faculty Publications
In the last twenty years, there has been a significant rise in the popularity of tattoos. Once relegated to the marginal realm of sailors, motorcycle gang members, or dock workers, tattoos are now proudly displayed by NBA stars, rock artists, and film actors. Perhaps not surprisingly, American workers, particularly younger workers, have emulated their idols and obtained tattoos too—at a remarkable rate. In fact, a 2012 Harris Poll found that one in five American adults had at least one tattoo. And while increasing percentages of Americans view tattoos as acceptable (indeed, even as art), tattoos still carry a persistent stigma …
If Corporations Are People, Why Can’T They Play Tag?,
2016
Boston University School of Law
If Corporations Are People, Why Can’T They Play Tag?, Cody Jacobs
Faculty Scholarship
The Supreme Court’s decision in Burnham v. Superior Court — despite producing a splintered vote with no opinion garnering a majority of the Court — made one thing clear: an individual defendant can be subject to personal jurisdiction simply by being served with process while he or she happens to be in a forum regardless of whether the defendant has any contacts with that forum. This method of acquiring personal jurisdiction is called transient or “tag” jurisdiction. Tag jurisdiction is older than minimum contacts jurisdiction, and used to be the primary method for determining whether an out of state defendant …
Disparate Impact And The Role Of Classification And Motivation In Equal Protection Law After Inclusive Communities,
2016
University of Michigan Law School
Disparate Impact And The Role Of Classification And Motivation In Equal Protection Law After Inclusive Communities, Samuel Bagenstos
Articles
At least since the Supreme Court’s 2009 decision in Ricci v. DeStefano, disparate-impact liability has faced a direct constitutional threat. This Article argues that the Court’s decision last Term in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc., which held that disparate-impact liability is available under the Fair Housing Act, has resolved that threat, at least for the time being. In particular, this Article argues, Inclusive Communities is best read to adopt the understanding of equal protection that Justice Kennedy previously articulated in his pivotal concurrence in the 2007 Parents Involved case—which argued that …
The Fate Of $15,
2015
City University of New York (CUNY)
The Fate Of $15, John S. Spina
Capstones
The Fight for $15 is reinvigorating the labor moment in ways people never thought possible. In just over three years it spanned the nation and won increased minimum wages in major cites across the country. Governor Cuomo now prepares to pass the nation's first state wide $15 minimum wage in New York, but not without strong opposition.
(Same) Sex, Lies, And Democracy: Tradition, Religion, And Substantive Due Process (With An Emphasis On Obergefell V. Hodges),
2015
William & Mary Law School
(Same) Sex, Lies, And Democracy: Tradition, Religion, And Substantive Due Process (With An Emphasis On Obergefell V. Hodges), Stephen M. Feldman
William & Mary Bill of Rights Journal
Substantive due process issues implicitly concern voice. Whose voice will be heard? Although such issues often remain submerged, the Justices occasionally translate them into disputes over democratic participation and power. The Supreme Court’s most important substantive due process decision in years, Obergefell v. Hodges, entailed such a battle over democracy. The multiple dissenting opinions insisted that the decision demeaned the opponents of same-sex marriage, many of whom were inspired by traditional values and religious convictions. The majority explicitly disagreed, reasoning that the case resolved the rights of same-sex couples to marry and did not diminish the opponents’ voices. The dissenters …
Constitutional Law-Aliens-Equal Protection Clause Does Not Require Extension Of Special Immigrant Status To Aliens From Non-Contiguous Countries,
2015
University of Georgia School of Law
Constitutional Law-Aliens-Equal Protection Clause Does Not Require Extension Of Special Immigrant Status To Aliens From Non-Contiguous Countries, Laurie C. Gregory
Georgia Journal of International & Comparative Law
No abstract provided.
Universal Arguments And Particular Arguments On Abortion Rights,
2015
University of Maryland Francis King Carey School of Law
Universal Arguments And Particular Arguments On Abortion Rights, Stuart Chinn
Maryland Law Review
No abstract provided.
The Right To Same-Sex Marriage: Formalism, Realism, And Social Change In Lawrence (2003), Windsor (2013), & Obergefell (2015),
2015
University of Maryland Francis King Carey School of Law
The Right To Same-Sex Marriage: Formalism, Realism, And Social Change In Lawrence (2003), Windsor (2013), & Obergefell (2015), Ronald Kahn
Maryland Law Review
No abstract provided.
Foreword: Private And Public Revisited Once Again,
2015
University of Maryland Francis King Carey School of Law
Foreword: Private And Public Revisited Once Again, Mark A. Graber
Maryland Law Review
No abstract provided.
Privacy At 50: The Bedroom, The Courtroom, And The Spaces In Between,
2015
University of Maryland Francis King Carey School of Law
Privacy At 50: The Bedroom, The Courtroom, And The Spaces In Between, Judith A. Baer
Maryland Law Review
No abstract provided.
Title Ix Giveth And The Religious Exemption Taketh Away: How The Religious Exemption Eviscerates The Protection Afforded Transgender Students Under Title Ix,
2015
Benjamin N. Cardozo School of Law
Title Ix Giveth And The Religious Exemption Taketh Away: How The Religious Exemption Eviscerates The Protection Afforded Transgender Students Under Title Ix, Amanda Bryk
Cardozo Law Review
No abstract provided.
Equal Access In Cyberspace: On Bridging The Digital Divide In Public Accommodations Coverage Through Amendment To The Americans With Disabilities Act,
2015
Notre Dame Law School
Equal Access In Cyberspace: On Bridging The Digital Divide In Public Accommodations Coverage Through Amendment To The Americans With Disabilities Act, Laura Wolk
Notre Dame Law Review
This Note will proceed in three Parts. Part I will trace the development of the case law on this issue, which has culminated in a circuit split. It will also discuss the influence of the Department of Justice (DOJ), which has not exercised its regulatory authority on the subject but which has initiated enforcement actions consistent with an interpretation that includes freestanding websites. Part II will argue, based on the text, congressional silence, and the statute’s dual principal purposes, that private commercial websites do not fall within the purview of Title III. Part III will propose that disability rights advocates …
Sexual Minority Stigma And System Justification Theory: How Changing The Status Quo Impacts Marriage And Housing Equality,
2015
University of Nebraska-Lincoln
Sexual Minority Stigma And System Justification Theory: How Changing The Status Quo Impacts Marriage And Housing Equality, Jordan A. Blenner
Department of Psychology: Dissertations, Theses, and Student Research
Sexual minorities (i.e. lesbians and gay men) experience systemic discrimination throughout the United States. Prior to the Supreme Court ruling in Obergefell v. Hodges (2015), in many states, same-sex couples could not marry and sexual minorities were not protected from sexual orientation housing discrimination (Human Rights Campaign, 2015). The current, two-experiment study applied Jost and Banaji’s (1994) System Justification Theory to marriage and housing discrimination. When sexual minorities question dissimilar treatment, thereby threatening the status quo, members of the heterosexual majority rationalize sexual minority discrimination to maintain their dominant status (Alexander, 2001; Brescoll, Uhlmann, & Newman, 2013; Citizens for Equal …
