Topic
Equal Protection
588 published works
Gender and the Law Prof Blog
Kennedy’s reasoning
By John Kang
In Obergefell v. Hodges, Justice Kennedy's rhetoric is elegant, and as a cultural document, his judicial opinion has been celebrated by many Americans--and many more will celebrate in the future.…
Gender and the Law Prof Blog
What Level of Scrutiny in the Same-Sex Marriage Case?
By Tracy Thomas
This is the question that all law professors, lawyers, and journalists seem fixated on after the Supreme Court's same-sex marriage decision in Obergefell. The emerging conclusion seems to be that…
Gender and the Law Prof Blog
The Coverture Analogy in the Supreme Court’s Same-Sex Marriage Decision
By Tracy Thomas
By now you’ve heard that the Supreme Court decided Obergefell v. Hodges holding that there is a fundamental right to marry for same-sex partners. I'm guessing that Ginsburg influenced or wrote the sections…
Constitutional Law Prof Blog
Court Decides Fourteenth Amendment Requires States to License Same-Sex Marriage
Professor Ruthann Robson, City University of New York (CUNY) School of LawIn a closely-divided opinion, with the majority written by Justice Kennedy, the Court has decided that the Fourteenth Amendment…
Texas Employment Lawyer
Alleging the underlying facts and the key players at issue is enough to sufficiently state a claim for violation of the Equal Protection Clause due to race-based termination and sexual harassment.
By Eric P. Dama
“In the complaint, the Plaintiffs allege that (a) they are members of a protected class; (b) they were subjected to intentional discriminatory treatment during their employment with SLU; (c) similarly…
Family
Loving Day, June 12th – is Obergefell Day next?
June 12th is the anniversary of the 1967 US Supreme Court decision in Loving v. Virginia, which struck down laws in 16 U.S. states banning interracial marriage – mainly between…
PrawfsBlawg
Strange Bedfellows #5: One-Off Decisions (or, Thoughts on Plyler, Windsor, and Shelley v. Kraemer)
Main Thursday, June 11, 2015Strange Bedfellows #5: One-Off Decisions (or, Thoughts on Plyler, Windsor, and Shelley v. Kraemer)This post is part of the Strange Bedfellows series.Whatever the outcome later this…
Education Law Prof Blog
Fourth Circuit Ends Desegregation in Pitt County, NC, Signaling a More Troubling Trend
By Derek Black
For the past five or so years, concerned citizens have been in active litigation with the Pitt County Board of Education. The litigation arises out of a longstanding desegregation order,…
Gender and the Law Prof Blog
Cunningham-Parmeter’s “(Un)Equal Protection: Why Gender Equality Depends on Discrimination”
By John Kang
Keith Cunningham-Parmeter has published "(Un)Equal Protection: Why Gender Equality Depends on Discrimination." It's available for download here and its abstract reads as follows: Most accounts of the Supreme Court’s equal protection…
Understanding the ADA
ADA, Sovereign Immunity, and the County Jail
I Introduction One of the most complicated topics around is the doctrine of sovereign immunity, which comes from England and says that the King cannot be sued without his consent.…