"I'M Going To Dinner With Frank": Admissibility Of Nontestimonial Statements Of Intent To Prove The Actions Of Someone Other Than The Speaker - And The Role Of The Due Process Clause,
2010
University of Baltimore School of Law
"I'M Going To Dinner With Frank": Admissibility Of Nontestimonial Statements Of Intent To Prove The Actions Of Someone Other Than The Speaker - And The Role Of The Due Process Clause, Lynn Mclain
Cardozo Law Review
No abstract provided.
Race And Education: The Future Of Desegregation In The United States,
2010
Touro University Jacob D. Fuchsberg Law Center
Race And Education: The Future Of Desegregation In The United States, Gregory Coleman Jr.
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Dream Of Equal Educational Opportunity Deferred,
2010
Touro University Jacob D. Fuchsberg Law Center
The Dream Of Equal Educational Opportunity Deferred, Giovanni Luciano Escobedo
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Virginia Gardasil Law:
A Constitutional Analysis Of Mandated
Protection For
Schoolchildren Against The Human
Papillomavirus,
2010
Washington and Lee University School of Law
The Virginia Gardasil Law: A Constitutional Analysis Of Mandated Protection For Schoolchildren Against The Human Papillomavirus, Christina O. Hud
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The (Mis)Categorization Of Sex In Anglo-American Cases Of Transsexual Marriage,
2010
University of Michigan Law School
The (Mis)Categorization Of Sex In Anglo-American Cases Of Transsexual Marriage, John Parsi
Michigan Law Review
The United States' promise to establish equality for all has been challenged by post-operative transsexuals seeking recognition in their acquired sex. The birth certificate is the legal gateway to changing other legal documents; but the process for changing the birth certificate varies widely from state to state. This lack of national uniformity makes post-operative transsexuals' recognition of their acquired sex complicated at best and impossible at worst. This Note details the legal progression from non-recognition to recognition of post-operative transsexuals' acquired sex in the United Kingdom and through the European Court of Human Rights. The Note goes on to explore …
The Texas Mis-Step: Why The Largest Child Removal In Modern U.S. History Failed,
2010
William & Mary Law School
The Texas Mis-Step: Why The Largest Child Removal In Modern U.S. History Failed, Jessica Dixon Weaver
William & Mary Journal of Race, Gender, and Social Justice
This Article sets forth the historical and legal reasons as to how the State of Texas botched the removal of 439 children from the Fundamentalist Church of Jesus Christ of Latter-Day Saints parents residing in Eldorado, Texas. The Department of Family and Protective Services in Texas overreached its authority by treating this case like a class-action removal based on an impermissible legal argument, rather than focusing on the facts and circumstances that could have been substantiated for a select group of children at risk. This impermissible legal argument regarding the “pervasive belief system” of a polygamist sect that allowed minor …
Equal Protection And Aesthetic Zoning: A Possible Crack And A Preemptive Repair,
2010
Texas A&M University
Equal Protection And Aesthetic Zoning: A Possible Crack And A Preemptive Repair, Louis G. Tassinary, Dawn E. Jourdan, Russ Parsons
UF Law Faculty Publications
In Village of Willowbrook v. Olech, the property owner alleged "the Village intentionally demanded a 33-foot easement as a condition of connecting her property to the municipal water supply where the Village required only a 15-foot easement from other similarly situated property owners." The complaint further described the village's demand as "irrational and wholly arbitrary." According to the Seventh Circuit, the property owner could allege an equal protection violation by asserting the state's action was motivated solely by a "spiteful effort to 'get' him for reasons wholly unrelated to any legitimate state objective." On appeal, the Supreme Court agreed, …
The Evolution Of Search-And-Seizure Law: How New Hampshire And Federal Law Differ,
2010
University of New Hampshire
The Evolution Of Search-And-Seizure Law: How New Hampshire And Federal Law Differ, Randall Lawrence–Hurt
Inquiry Journal 2010
No abstract provided.
A Right To Bare All? Female Public Toplessness And Dealing With The Laws That Prohibit,
2010
Benjamin N. Cardozo School of Law
A Right To Bare All? Female Public Toplessness And Dealing With The Laws That Prohibit, Danielle Moriber
Cardozo Public Law, Policy & Ethics Journal
The note examines the legal and societal implications of women's right to be topless in public, arguing that this issue intersects with First Amendment rights, equal protection under the law, and cultural perceptions of gender and modesty. It contends that while societal norms heavily influence laws restricting female toplessness, such restrictions often disproportionately target women and raise constitutional concerns. The analysis advocates for a balanced approach, such as zoning regulations, to address these issues while respecting individual rights and community standards.
Abandoning The Ten Percent Rule And Reclaiming One Person, One Vote,
2010
Benjamin N. Cardozo School of Law
Abandoning The Ten Percent Rule And Reclaiming One Person, One Vote, Stephanie Cirkovich
Cardozo Law Review
No abstract provided.
Challenges To State Anti-Preference Laws And The Role Of Federal Courts,
2010
William & Mary Law School
Challenges To State Anti-Preference Laws And The Role Of Federal Courts, Michael E. Rosman
William & Mary Bill of Rights Journal
No abstract provided.
Of Fat People And Fundamental Rights: The Constitutionality Of The New York City Trans-Fat Ban,
2010
William & Mary Law School
Of Fat People And Fundamental Rights: The Constitutionality Of The New York City Trans-Fat Ban, Katharine Kruk
William & Mary Bill of Rights Journal
No abstract provided.
The Sit-Ins And The State Action Doctrine,
2010
William & Mary Law School
The Sit-Ins And The State Action Doctrine, Christopher W. Schmidt
William & Mary Bill of Rights Journal
By taking their seats at “whites only” lunch counters across the South in the spring of 1960, African American students not only launched a dramatic new stage in the civil rights movement, they also sparked a national reconsideration of the scope of the constitutional equal protection requirement. The critical constitutional question raised by the sit-in movement was whether the Fourteenth Amendment, which after Brown v. Board of Education1 prohibited racial segregation in schools and other stateoperated facilities, applied to privately owned accommodations open to the general public. From the perspective of the student protesters, the lunch counter operators, and most …
The Future Of Discriminatory Local
Ordinances Aimed At Regulating Illegal
Immigration,
2010
Washington and Lee University School of Law
The Future Of Discriminatory Local Ordinances Aimed At Regulating Illegal Immigration, John Ryan Syllaios
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Gender Autonomy, Transgender Identity And Substantive Due Process: Finding A Rational Basis For Lawrence V. Texas,
2010
Touro University Jacob D. Fuchsberg Law Center
Gender Autonomy, Transgender Identity And Substantive Due Process: Finding A Rational Basis For Lawrence V. Texas, Jillian T. Weiss
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Pursuit Of Perfection: Congressional Power To Enforce The Reconstruction Amendments,
2010
University of Cincinnati College of Law
The Pursuit Of Perfection: Congressional Power To Enforce The Reconstruction Amendments, A. Christopher Bryant
Faculty Articles and Other Publications
In June 2009 the Supreme Court avoided a decision on the constitutionality of the Voting Rights Act's preclearance requirement, while at the same time managing to foreshadow that provision's ultimate demise. In a separate opinion, Justice Thomas announced that he would have reached the issue and invalidated the preclearance requirement. Conceding that unconstitutional racial discrimination in the administration of elections continued to be an unfortunate reality, he asserted that Congress was not permitted to pursue "perfect compliance" with the Constitution's mandate via the use of "broad prophylactic legislation."
Justice Thomas's statement accurately, though to be sure rather starkly, expressed an …
"The Prejudice Of Caste": The Misreading Of Justice Harlan And The Ascendency Of Anticlassificaiton,
2010
U.S. Court of Appeals for the Second Circuit
"The Prejudice Of Caste": The Misreading Of Justice Harlan And The Ascendency Of Anticlassificaiton, Scott Grinsell
Michigan Journal of Race and Law
This Article reconsiders the familiar reading of Justice Harlan's dissent in Plessy v. Ferguson as standing for the principle of constitutional colorblindness by examining the significance of Harlan's use of the metaphor "caste" in the opinion. By overlooking Harlan's invocation of "caste," it argues that conservative proponents of anticlassification have reclaimed the opinion for "colorblindness," and buried a powerful statement of the antisubordination principle that is at the heart of our equality law. The Article begins by examining the emergence of a reading of the opinion as articulating a view of equality law based in anticlassification. The Article then returns …
Gps Monitoring May Cause Orwell To Turn In His Grave, But Will It Escape Constitutional Challenges? A Look At Gps Monitoring Of Domestic Violence Offenders In Illinois, 43 J. Marshall L. Rev. 845 (2010),
2010
UIC School of Law
Gps Monitoring May Cause Orwell To Turn In His Grave, But Will It Escape Constitutional Challenges? A Look At Gps Monitoring Of Domestic Violence Offenders In Illinois, 43 J. Marshall L. Rev. 845 (2010), Mary Ann Scholl
UIC Law Review
No abstract provided.
Of Visible Race-Consciousness And Institutional Role: Equal Protection And Disparate Impact After Ricci And Inclusive Communities,
2010
University of Michigan Law School
Of Visible Race-Consciousness And Institutional Role: Equal Protection And Disparate Impact After Ricci And Inclusive Communities, Richard A. Primus
Book Chapters
Six years ago, Ricci v. DeStefano foregrounded the possibility that statutory disparate-impact standards like the one in Title VIl might be on a collision course with the Fourteenth Amendment's Equal Protection Clause. For many observers, it was a radically new possibility. Until that point, disparate-impact doctrine had usually been understood as an ally of equal protection rather than as a potentially conflicting aspect of the law. But between the 1970s and the beginning of the present century, equal protection doctrine became more individualistic and less tolerant of race-conscious actions intended to redress inherited racial hierarchies. Those developments put equal protection …
The Future Of Disparate Impact,
2010
University of Michigan Law School
The Future Of Disparate Impact, Richard A. Primus
Articles
The Supreme Court's decision in Ricci v. DeStefano foregrounded the question of whether Title VIl's disparate impact standard conflicts with equal protection. This Article shows that there are three ways to read Ricci, one of which is likely fatal to disparate impact doctrine but the other two of which are not.
