Topic
Equal Protection
588 published works
Sentencing Law and Policy
“Blind Justice: Why the Court Refused to Accept Statistical Evidence of Discriminatory Purpose inMcCleskey v. Kemp— And Some Pathways for Change”
Main May 30, 2018"Blind Justice: Why the Court Refused to Accept Statistical Evidence of Discriminatory Purpose in McCleskey v. Kemp — And Some Pathways for Change"The title of this post…
Constitutional Law Prof Blog
Sixth Circuit: No Equal Protection Problem with Age Limititation for State Judges
Professor Ruthann Robson, City University of New York (CUNY) School of LawThe Sixth Circuit's opinion in Theile v. Michigan upheld Michigan Constitution art VI §19(3) which provides that no person…
ImmigrationProf Blog
Immigration Article of the Day: The Equal Protection Doctrine in the Age of Trump: The Example of Unaccompanied Immigrant Children by Rebecca Delfino
The Equal Protection Doctrine in the Age of Trump: The Example of Unaccompanied Immigrant Children by Rebecca Delfino, Brooklyn Law Review, Vol. 84, February 2018 47 Pages Posted: 30 Apr…
PrawfsBlawg
Heckler’s vetos and equal protection at Colorado State
Main Monday, May 07, 2018Heckler's vetos and equal protection at Colorado StateHeckling becomes a heckler's veto when government action ratifies private preferences; ratification is necessary to create a First-Amendment-violative veto…
ImmigrationProf Blog
Immigration Article of the Day: Leveling Down Gender Equality by Tracy A. Thomas
Leveling Down Gender Equality by Tracy A. Thomas, Harvard Journal of Law and Gender, Vol. 42, 2018AbstractThe U.S. Supreme Court in Sessions v. Morales-Santana (2017) revived its decades old jurisprudence…
Constitutional Law Prof Blog
District Judge Holds Transgender Military Ban Subject to Strict Scrutiny
Professor Ruthann Robson, City University of New York (CUNY) School of LawIn her opinion and Order in Karnoski v. Trump, United States District Judge Marsha Pechman of the Western District…
Gender and the Law Prof Blog
Leveling Down Gender Equality
By Tracy Thomas
My latest article thinking about gender and remedies.Tracy A. Thomas, Leveling Down Gender EqualityIntroductionThe Supreme Court resurrected its “leveling down” jurisprudence in 2017 when it remedied an equal protection violation of…
Gender and the Law Prof Blog
Sixth Circuit Recognizes Possible Title IX Erroneous-Outcome Claim in Campus Sexual Assault
By Tracy Thomas
Justia Opinion Summary: Doe v. Miami UJohn attended a party, drank six beers, then proceeded to a bar and drank more beer and alcohol. He left the bar in the…
ImmigrationProf Blog
Immigration Article of the Day: Biological Warfare: Constitutional Conflict Over ‘Inherent Differences’ Between the Sexes by Cary Franklin
Biological Warfare: Constitutional Conflict Over 'Inherent Differences' Between the Sexes by Cary Franklin, Supreme Court Review AbstractEqual protection law no longer recognizes so-called “inherent differences” among the races as a justification…
Gender and the Law Prof Blog
Constitutional Conflict Over Inherent Differences Between the Sexes
By Tracy Thomas
Cary Franklin, Biological Warfare: Constitutional Conflict Over 'Inherent Differences' Between the Sexes, Supreme Court Review (forthcoming)Equal protection law no longer recognizes so-called “inherent differences” among the races as a justification for…