Topic
Equal Protection
588 published works
Constitutional Law Prof Blog
District Judge Finds “Obamacare” Contraception Mandate Unconstitutional as applied to “March for Life”
Professor Ruthann Robson, City University of New York (CUNY) School of LawIn an opinion that essentially extends religious protections to a nonreligious organization, Judge Richard Leon has ruled in March…
Nonprofit Law Prof Blog
Does Equal Protection Require Accommodation of Moral Conviction to Same Degree as Religious Belief?
In Anti-abortion Group Wins Case Against Obama, USA Today reports that United States District Court Judge Richard Leon of the District of Columbia has ruled that the “anti-abortion group March for…
Gender and the Law Prof Blog
Transgender and Immutability
By John Kang
One of the informal prerequisites for the court to deem something a suspect class for purposes of equal protection is that the members of that class have an "immutable trait,"…
PropertyProf Blog
Bagenstos on Disparate Impact
Samuel Bagenstos (Michigan) has posted Disparate Impact and the Role of Classification and Motivation in Equal Protection Law after Inclusive Communities (Cornell Law Review) on SSRN. Here's the abstract:At least…
Labor Law Prof Blog
DOJ Tries to Avoid Equal Protection Ruling on ADA Exception for Gender Identity Disorders
The US Department of Justice (DOJ) and the EEOC read Title VII’s prohibition on sex discrimination to cover employment discrimination based on gender identity, including transgender status. Now, DOJ’s Civil…
Gender and the Law Prof Blog
The Zablocki Decision as Key to Legal Analysis in Same-Sex Marriage Case
By Tracy Thomas
Quoted in the local papers on my thoughts on Obergefell. High Court Rules in Favor of Same-Sex Marriage. It's all about Zablocki.Tracy Thomas, associate dean of The University of Akron School of Law said…
Human Rights at Home Blog
A Step Closer to Equal Citizenship — Morales-Santana v. Lynch
By mdavis
On July 8, in Morales-Santana v. Lynch, the Second Circuit Court of Appeals struck down a U.S. citizenship law requiring that citizen fathers comply with more stringent residency requirements than citizen…
Constitutional Law Prof Blog
Second Circuit Holds Unwed Mother-Father Immigration Distinction Unconstitutional
Professor Ruthann Robson, City University of New York (CUNY) School of LawIn its opinion in Morales-Santana v. Lynch, a unanimous panel of the Second Circuit has held that the differential…
Education Law Prof Blog
ProPublica on What Fisher Is Really About
Nikole Hannah-Jones at ProPublica published her take on the cert grant in Fisher v. Univ. of Texas at Austin recently in A Colorblind Constitution: What Abigail Fisher's Affirmative Action Case…
Sentencing Law and Policy
Making the forceful (and effective) case that modern bail systems operate unconstitutionally
Main July 2, 2015Making the forceful (and effective) case that modern bail systems operate unconstitutionallyThis recent Slate piece, headlined ""Is Bail Unconstitutional?: Our broken system keeps the poor in jail…