Topic
Equal Protection
588 published works
California Employment Law Update
California Statute Targeting Three Specific Employers Opposed By A Union May Violate Equal Protection
By Tony Oncidi
Fowler Packing Co. v. Lanier, 2016 WL 7321371 (9th Cir. 2016) In 2015, the California legislature passed Assembly Bill 1513 in response to two state appellate court decisions that exposed…
Civil Rights Law & Policy Blog
“The Canary-Blind Constitution: Must Government Ignore Racial Inequality?”
The title of this post comes from this recent paper by Professor Kim Forde-Mazrui, the abstract of which states: What causes black infants to die at two to three times…
Gender and the Law Prof Blog
SCOTUS Hears Equal Protection Challenge to Different Citizenship Requirements for Child Born to Unwed Fathers v. Unwed Mothers
By Tracy Thomas
The case set for oral argument today is Lynch v. Morales-SantanaQUESTIONS PRESENTEDWhether sections 301 and 309 of the Immigration and Nationality Act of 1952 violate the Fifth Amendment’s guarantee of equal…
Land Use Prof Blog
The Ninth Circuit’s Big Tree Case
This morning I saw that the Ninth Circuit had recently decided a case about whether a city could require a resident to cut down one tree. I had to read…
PrawfsBlawg
Substantive Due Process Within Sunday Night’s Florida Election Law Decision
Main Sunday, October 16, 2016Substantive Due Process Within Sunday Night's Florida Election Law DecisionTonight a Florida district court issued an opinion enjoining a state law that does not allow voters…
PrawfsBlawg
Hurricanes and Voting Rights
Main Monday, October 10, 2016Hurricanes and Voting RightsIn response to Howard's request, I hopefully will weigh in more deeply on the constitutional analysis when I get a chance. Meanwhile bottom…
Constitutional Law Prof Blog
Is New York’s Loitering for Prostitution Statute Unconstitutional?
Professor Ruthann Robson, City University of New York (CUNY) School of LawIn a nearly 100 page complaint filed in the federal court in D.H. v. City of New York, the…
Constitutional Law Prof Blog
EnBanc Ninth Circuit Rejects Equal Protection Challenge to Tucson’s City Council Election Scheme
Professor Ruthann Robson, City University of New York (CUNY) School of LawIn its en banc opinion in Public Integrity Alliance v. City of Tucson, the Ninth Circuit held that Tucson's…
Ohio Appellate Insights
State Cries Foul in State v. Mole; Seeks Reconsideration.
Update: on October 5, 2016, the state's motion for reconsideration was denied by a vote of 4-3. The same justices who dissented from the merit decision--Kennedy, French, and O'Donnell--would have granted…
Ohio Appellate Insights
Merit Decision: A Surprising Application of the New Judicial Federalism. State v. Mole.
On July 28, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Mole, 2016-Ohio-5124. In a 4-3 opinion authored by Chief Justice O’Connor, joined in…