Proposition 8 Is Unconstitutional, But Not Because The Ninth Circuit Said So: The Equal Protection Clause Does Not Support A Legal Distinction Between Denying The Right To Same-Sex Marriage And Not Providing It In The First Place,
2013
Seattle University School of Law
Proposition 8 Is Unconstitutional, But Not Because The Ninth Circuit Said So: The Equal Protection Clause Does Not Support A Legal Distinction Between Denying The Right To Same-Sex Marriage And Not Providing It In The First Place, Nathan Rouse
Seattle University Law Review
In Perry v. Brown, the Ninth Circuit held that Proposition 8 is unconstitutional. But in doing so, the court stepped back from the breadth of the district court’s decision. The Ninth Circuit did not address whether same-sex marriage is a fundamental constitutional right. Nor did the Ninth Circuit address whether the Equal Protection Clause categorically prevents states from limiting marriage to opposite-sex couples. Instead, the Ninth Circuit reached the narrow conclusion that Proposition 8 violates the Equal Protection Clause because it withdrew a preexisting legal right from a marginalized group without any legitimate purpose. The Ninth Circuit should have held …
Immigration Obstacles And The Sixth Circuit Court's Harsh Interpretation Of Legal Permanent Resident Status,
2013
University of Tennessee
Immigration Obstacles And The Sixth Circuit Court's Harsh Interpretation Of Legal Permanent Resident Status, Justin Boitnott
Tennessee Journal of Race, Gender, & Social Justice
No abstract provided.
Is The Doctor In? The Contemptible Condition Of Immigrant Detainee Healthcare In The U.S. And The Need For A Constitutional Remedy,
2013
Pepperdine University
Is The Doctor In? The Contemptible Condition Of Immigrant Detainee Healthcare In The U.S. And The Need For A Constitutional Remedy, Kate Bowles
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
In Defense Of Humanity: Martha Walsh Uses The Law To Combat Genocide,
2013
Colby College
In Defense Of Humanity: Martha Walsh Uses The Law To Combat Genocide, Neha Sud
Colby Magazine
Martha Walsh ’90 works on genocide trials at The Hague.
Does Your Carer Take Sugar? Carers And Human Rights: The Parallel Struggles Of Disabled People And Carers For Equal Treatment,
2013
Washington and Lee University School of Law
Does Your Carer Take Sugar? Carers And Human Rights: The Parallel Struggles Of Disabled People And Carers For Equal Treatment, Luke Clements
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Masthead,
2013
Washington and Lee University School of Law
Masthead
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Copyright,
2013
Washington and Lee University School of Law
Copyright
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Table Of Contents,
2013
Washington and Lee University School of Law
Table Of Contents
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Editor's Note,
2013
Washington and Lee University School of Law
Editor's Note
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Lessons For Religious Liberty Litigation From Kentucky,
2013
Washington and Lee University School of Law
Lessons For Religious Liberty Litigation From Kentucky, Jennifer Anglim Kreder
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Dismantling The United Front In Child Abuse Cases: Reevaluating Delaware’S Serious Injury Statute After Fifteen Years Of Asfa,
2013
Washington and Lee University School of Law
Dismantling The United Front In Child Abuse Cases: Reevaluating Delaware’S Serious Injury Statute After Fifteen Years Of Asfa, Eliza M. Hirst, Harper S. Seldin
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
What Happens Next? Will Protection Against Gender Identity And Sexual Orientation Workplace Discrimination Expand During President Obama’S Second Term?,
2013
Washington and Lee University School of Law
What Happens Next? Will Protection Against Gender Identity And Sexual Orientation Workplace Discrimination Expand During President Obama’S Second Term?, Sarah M. Stephens
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Ordinances Targeting The Homeless: Constitutional Or Cost-Effective?,
2013
Washington and Lee University School of Law
Ordinances Targeting The Homeless: Constitutional Or Cost-Effective?, Ellen M. Marks
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Rif’D Off: The Denial Of Education Opportunities Through Seniority-Based Layoff Policies And The Judiciary’S Role In Reform,
2013
Washington and Lee University School of Law
Rif’D Off: The Denial Of Education Opportunities Through Seniority-Based Layoff Policies And The Judiciary’S Role In Reform, Amy Conant
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Special Immigrant Juvenile Status: A “Juvenile” Here Is Not A “Juvenile” There,
2013
Washington and Lee University School of Law
Special Immigrant Juvenile Status: A “Juvenile” Here Is Not A “Juvenile” There, Heryka Knoespel
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Nfib V. Sebelius: A Feather In The Cap Of Those Who Challenge Sorna?,
2013
Washington and Lee University School of Law
Nfib V. Sebelius: A Feather In The Cap Of Those Who Challenge Sorna?, Bethany Belisle
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Is Jus In Bello In Crisis?,
2013
Cornell Law School
Is Jus In Bello In Crisis?, Jens David Ohlin
Cornell Law Faculty Publications
It is a truism that new technologies are remaking the tactical and legal landscape of armed conflict. While such statements are undoubtedly true, it is important to separate genuine trends from scholarly exaggeration. The following essay, an introduction to the Drone Wars symposium of the Journal, catalogues today’s most pressing disputes regarding international humanitarian law (IHL) and their consequences for criminal responsibility. These include: (i) the triggering and classification of armed conflicts with non-state actors; (ii) the relative scope of IHL and international human rights law in asymmetrical conflicts; (iii) the targeting of suspected terrorists under concept- or status-based classifications …
"At The Hospital There Are No Human Rights": Reproductive And Sexual Rights Violations Of Women Living With Hiv In Namibia,
2013
Boston University School of Law
"At The Hospital There Are No Human Rights": Reproductive And Sexual Rights Violations Of Women Living With Hiv In Namibia, Aziza Ahmed
Faculty Scholarship
This report documents the ongoing stigma and discrimination of women living with HIV in Namibia, building on prior findings and investigations on the subject, such as the 2008 research conducted by the International Community of Women Living with HIV/AIDS (ICW) and the Namibian Women’s Health Network (NWHN). The report, based upon both desk research and a field mission, examines the human rights situation related to sexual and reproductive health of women living with HIV, including the gravity and ongoing nature of forced and coerced sterilizations in Namibia. The report also provides evidence of violations of informed consent in the context …
Religions As Sovereigns: Why Religion Is "Special",
2013
BYU Law
Religions As Sovereigns: Why Religion Is "Special", Elizabeth Clark
Faculty Scholarship
Commentators increasingly challenge religion’s privileged legal status, arguing that it is not “special” or distinct from other associations or philosophical or conscientious claims. I propose that religion is “special” because it functions metaphorically as a legal sovereign, asserting supreme authority over a realm of human life. Under a religion-as-sovereign theory, religious freedom can be understood as at least partial deference to a religious sovereign in a system of shared or overlapping sovereignty. This Article suggests that federalism, which also involves shared sovereignty, can provide a useful heuristic device for examining religious freedom. Specifically, the Article examines a range of federalism …
Land Grabs Still Plague Myanmar And Cambodia,
2013
Singapore Management University
Land Grabs Still Plague Myanmar And Cambodia, Mahdev Mohan, Vani Sathisan
2008 Asian Business & Rule of Law initiative
No abstract provided.
