Topic
Equal Protection
588 published works
Education Law Prof Blog
Doe v. Lower Merion and the Constitutionality of Post-Parents Involved Integration Plans
By Derek Black
Alexandra Muolo’s article, Not So Black and White: The ThirdCircuit Upholds Race-Conscious Redistricting in Doe ex rel. Doe v. Lower MerionSchool District, 58 Vill. L. Rev. 797 (2013), is nowavailable…
Sentencing Law and Policy
Can a state continue with execution plans for murderers still on death row after repeal of capital punishment?
Main October 22, 2013Can a state continue with execution plans for murderers still on death row after repeal of capital punishment?The question in the title of this post is being…
Civil Rights Law & Policy Blog
HIV Law Will Draw Constitutional Appeal
The title of this post comes from this article about a public defender's plan to appeal his client's conviction for neglecting to disclose to her husband that she was HIV-positive. Among…
Constitutional Law Prof Blog
Sunday Dress: A Woman’s Constitutional Right to “Go Topless”
While the United States Supreme Court has never declared that women possess a First Amendment or Equal Protection or any other constitutional right to be as shirtless as men in…
Civil Rights Law & Policy Blog
DOJ Says Racial Policy In Calif. Prisons Breaks Law
The title of this post comes from this article about a recent lawsuit over the segregation of prison inmates based on race following riots, which the ACLU claims violates the…
SALT Shaker
Florida Trial Court Rejects Satellite Industry’s Discrimination Claims
By Zachary Atkins and Douglas Mo A Florida trial court ruled that imposing different tax rates on cable and satellite television services did not violate the Commerce Clause or the…
Civil Rights Law & Policy Blog
Remembering Grutter’s Promise: Bridging the Gap Between Colorblind Rhetorical Equality and Real Racial Inequality
The above title is taken from this new article arguing for the support of the "diversity rationale" articulated by the Supreme Court in Grutter. This paper comes on the eve…
Civil Rights Law & Policy Blog
A Fugitive from the Camp of the Conquerors: The Revival of Equal Sovereignty Doctrine in Shelby County v. Holder
The title of this post comes from this intreguing new article contending that debates over voting rights have centered around two competing narratives. Here is the abstract: Narratives of conquest…
Education Law Prof Blog
Article: End the Gender Segregation Experiment in Education
With at least 116 single-sex public schools across the country and 390 more single-sex classes in some subjects, Professors David Cohen (Drexel/Earle Mack) and Nancy Levit (UMKC) argue that gender-segregated…
Civil Procedure & Federal Courts Blog
SCOTUS Oral Argument in Madigan v. Levin: Appellate Jurisdiction Rears Its Head
The Supreme Court kicked off this Term’s oral argumentstoday, only to have appellate jurisdiction crash the party. The Court had grantedcertiorari in Madigan v.Levin (No. 12-872) to decide a question…