Topic
Equal Protection
588 published works
Sentencing Law and Policy
My Sixth Circuit amicus brief effort now filed explaining my Eighth Amendment FSA views inBlewett
Main June 28, 2013My Sixth Circuit amicus brief effort now filed explaining my Eighth Amendment FSA views in BlewettAs regular readers likely recall, a little over a month ago a…
Constitutional Law Prof Blog
Two Questions in the Aftermath of DOMA and Prop 8 Decisions
By ConLawProf initials at end of post
In the wake of the Court's decisions in United States v. Windsor, declaring section 3 of DOMA unconstitutional, and Perry v. Hollingsworth, holding that the "proponents" of Proposition 8 lacked…
Environmental Law Prof Blog
A few initial thoughts on Windsor (and Massachusetts v. EPA)
Today's blockbuster isn't an environmental case. But as I read through the Court's opinion, I found myself thinking of Massachusetts v. EPA. Both cases, on their face, turn on the…
The Faculty Lounge
Unmarried Fathers & the Equal Protection Clause
As much of the Indian law community holds its breath waiting for the Supreme Court to decide the so-called Baby Veronica case, I’ve been thinking about an issue that’s not…
Sentencing Law and Policy
As expected, feds ask full Sixth Circuit to review and reverseBlewettcrack retroactivity ruling
Main June 3, 2013As expected, feds ask full Sixth Circuit to review and reverse Blewett crack retroactivity rulingAs covered via a number posts on this blog, a split Sixth Circuit…
Sentencing Law and Policy
DC Circuit allows suit against US Sentencing Commission for limiting crack relief to go forward
Main May 28, 2013DC Circuit allows suit against US Sentencing Commission for limiting crack relief to go forwardIn an interesting (and ground-breaking?) unanimous panel ruling that should make fans of…
Sentencing Law and Policy
On (wrong?) constitutional grounds, split Sixth Circuit panel gives full retroactive effect to new FSA crack sentences
Main May 17, 2013On (wrong?) constitutional grounds, split Sixth Circuit panel gives full retroactive effect to new FSA crack sentences With thanks to all the folks who alerted me while…
Education Law Prof Blog
Supreme Court agrees to hear new affirmative action case
As we await the U.S. Supreme Court's decision in Fisher v. University of Texas, StephenWermiel at SCOTUSBlogdiscusses the Court's grantingcertiorari in another affirmative action case. The new case, Schuette v.…
SALT Shaker
In State Equal Protection Jurisprudence, the Hits Just Keep on Coming
By Zachary Atkins and Timothy Gustafson The Iowa Supreme Court passed on an opportunity to breathe life into equal protection jurisprudence and, instead, rejected Qwest Corporation’s challenge under the Iowa…
The Right Coast
James Taranto: The Clock Ticks on Racial Preferences – WSJ.com
If Justice Kennedy adheres to that position in Fisher, the door will remain at least ajar for racial preferences. But in that event, Schuette will soon after provide an opportunity…