Topic
Equal Protection
588 published works
ImmigrationProf Blog
Immigration Article of the Day: (Un)Equal Immigration Protection by Carrie Rosenbaum
(Un)Equal Immigration Protection by Carrie Rosenbaum, 50 Sw. L. Rev. 232 (2021)ABSTRACTThis article will contribute to immigration equal protection jurisprudential discussions by highlighting the way in which the plenary power…
Sentencing Law and Policy
Split Eleventh Circuit panel rejects equal protection challenge to illegal reentry guideline
Yesterday the Eleventh Circuit handed down an interesting split panel opinion in US v. Osorto, No. 19-11408 (11th Cir. April 20, 2021) (available here). These paragraphs from the start of…
Criminal
Split Eleventh Circuit panel rejects equal protection challenge to illegal reentry guideline
Yesterday the Eleventh Circuit handed down an interesting split panel opinion in US v. Osorto, No. 19-11408 (11th Cir. April 20, 2021) (available here). These paragraphs from the start of…
California Land Use & Development Law Report
City Policy Favoring Purchasers of Expensive Taxi Medallions Passed Constitutional Muster
By Perkins Coie
A City municipal transit agency did not violate equal protection, substantive due process or state anti-age discrimination laws when it disfavored some taxi cab medallion holders from accessing lucrative airport…
Gender and the Law Prof Blog
Why the ERA Threatens Women’s Rights by the Elimination of Intermediate Scrutiny under the Equal Protection Clause
By Tracy Thomas
"Why the Equal Rights Amendment Would Endanger Women’s Equality: Lessons from Colorblind Constitutionalism" Duke Journal of Constitutional Law & Public Policy, ForthcomingVirginia Public Law and Legal Theory Research Paper No.…
Race and the Law Prof Blog
Triaging Public Health Services Based on Race: What Are The Legal Challenges? By Christopher Ogolla.
By Ogolla
According to the CDC, race and ethnicity are risk markers for other underlying conditions that affect health including socioeconomic status, access to health care, and exposure to the Covid-19 virus.[1] For…
Simple Justice
Oregon’s $62 Million Earmark
When I first heard the news about Oregon’s set-aside of $62 million in COVID relief, it was because Maria Garcia was denied funds. Maria Garcia, owner of the Revolucion Coffee…
Craft Beer Law Prof
Craft Beer, COVID-19, and the Constitution: The California Craft Brewers Association and Several Independent Craft Breweries Sue Governor Newsom and the CDPH for Treating Craft Breweries Differently Than Wineries
For reasons I will never quite understand, breweries are often treated differently than wineries in California’s alcohol statutes and regulations (ok, I do understand, it is the powerful wine lobby). …
Religion Clause
4th Circuit Remands Muslim Inmate’s RLUIPA and Equal Protection Claims
In Gentry v. Robinson, (4th Cir., Dec. 7, 2020), the U.S. 4th Circuit Court of Appeals affirmed in part and vacated in part a Virginia district court's dismissal of a…
Gender and the Law Prof Blog
Leveling Up or Leveling Down Equal Protection Remedies – The Trump Challenge to the PA Election
By Tracy Thomas
In the recent case of the Trump challenge to the Pennsylvania votes, garnering much scholarly attention, one issue is the appropriate remedies for equal protection violations and the question of…