Topic
Equal Protection
588 published works
Supreme Court Update
Evenwel v. Abbott (14-940), Nichols v. United States (15-5238) and Woods v. Etherton (15-723)
The Eight found a whole lot to agree on in their last batch of decisions, unanimously holding state voting districts drawn to equalize the total population in each district (and…
Constitutional Law Prof Blog
Ninth Circuit Finds Arizona’s Denial of Drivers Licenses to DACA Recipients Unconstitutional
Professor Ruthann Robson, City University of New York (CUNY) School of LawIn its opinion in Arizona Dream Act Coalition v. Brewer, the Ninth Circuit has found unconstitutional an Executive Order…
Gender and the Law Prof Blog
Underenforcement (of rape) as Unequal Protection
By Tracy Thomas
Deborah Tuerkheimer (Northwestern), Underenforcement as Unequal Protection, 57 Boston College (forthcoming)Abstract: Rape law is largely underenforced. Yet criticism of policing practices has myopically focused on enforcement excesses, thus overlooking the problem…
Civil Rights Law & Policy Blog
“Underenforcement as Unequal Protection”
The title of this post comes from this intriguing paper by Professor Deborah Tuerkheimer, the abstract of which states: Rape law is largely underenforced. Yet criticism of policing practices has…
Civil Rights Law & Policy Blog
9th Cir. holds federal immigration law unconstitutionally discriminates against “habitual drunkards” on account of “medical condition”
Late last week, the U.S. 9th Cir. Court of Appeals decided that the federal immigration law classifying "habitual drunkards" as immoral, and therefore ineligible for relief from immediate deportation, is…
RLUIPA Defense Blog
New Jersey District Court Remands RLUIPA and Equal Protection Defense to State Court
By Evan Seeman, Dwight Merriam, John Peloso, Guest Contributor
The Freedom From Religion Foundation sued the Morris County Board of Chosen Freeholders, the Morris County Preservation Trust Fund Review Board, and Joseph A. Kovalcik, Jr. (“Defendants”) in New Jersey…
Constitutional Law Prof Blog
Federal Judge Finds No Constitutional Violation in Denying Permit to “Wandering Dago” Food Truck
Professor Ruthann Robson, City University of New York (CUNY) School of LawIn her extensive opinion in Wandering Dago, Inc. v. Desito, United States District Judge for the Northern District of…
Constitutional Law Prof Blog
Court Denies Stay in North Carolina Districting Case
Steven D. Schwinn, John Marshall Law SchoolThe Supreme Court on Friday denied a stay of a three-judge district court order requiring North Carolina to redraw two congressional districts because they…
Gender and the Law Prof Blog
Justice Scalia’s Record on Women’s Rights
By Tracy Thomas
What can be said about Scalia’s legacy to women and the law? Well, he has generally voted against cases implicating women’s rights for the last twenty-five years.Scalia (in)famously said in an…
Education Law Prof Blog
Boston Latin School’s Long History with Race Adds New Allegations of Hostilities
By Derek Black
Boston Latin School is in the news again. Some of you may know it for its prestige, others for its tendency--good or bad--to be at the center of issues of…