Topic
Equal Protection
588 published works
Land Use Prof Blog
New SCOTUS ruling on infrastructure assessments
Interesting decision out of the US Supreme Court today on infrastructure assessments. In a 6-3 ruling in Armour v. Indianapolis, the Court refused an equal protection challenge from property owners…
Constitutional Law Prof Blog
Armour v. Indianapolis: No Equal Protection Violation for Tax Assessment Forgiveness
By ConLawProf initials at end of post
The question is rather simple: Is tax forgiveness by a municipality present an equal protection violation if reimbursement is not extended to the taxpayers who paid in a timely manner?The…
Constitutional Law Prof Blog
First Circuit: DOMA Section 3 Unconstitutional
By ConLawProf initials at end of post
In today's unanimous panel opinion in Massachusetts v. HHS, consolidated with Gill v. Office of Personnel Management, the First Circuit upheld federal District Judge Tauro's companion opinions that section 3 of…
The Faculty Lounge
Intent, Equal Protection and Correcting History
In part of my work, I get to discuss whether criticizing some southern blacks for their meekness in the 1930s was a smart way to empower them to resist state-sponsored…
inversecondemnation.com
Amicus Brief: Federal Takings Claims And State Law Claims … Ehh, What’s The Difference?
We couldn't post much last week due to a pressing engagement on Friday before a three-judge federal district court (the case challenging Hawaii's latest state reapportionment plan on Equal Protection…
Constitutional Law Prof Blog
Saturday Evening Review: Janai Nelson on Felon Disenfranchisement
By ConLawProf initials at end of post
Felon disenfranchisement is a US reality that conlawprofs from non-US constitutional democracies can find a bit startling. Its justifications are many, but Professor Janai Nelson considers whether the real motivation…
inversecondemnation.com
Motion For Preliminary Injunction: Hawaii Legislative Reapportionment Must Include All Residents, And Cannot “Extract” Military, Military Families
Here's the motion for preliminary injunction we filed yesterday in the federal lawsuit challenging Hawaii's exclusion of military personnel, their families, and university students who do not pay resident tuition,…
Constitutional Law Prof Blog
Federal Cockfighting Prohibition Survives Commerce Clause and Equal Protection Challenge
By ConLawProf initials at end of post
In two opinions issued today - - - United States v. Lawson and United States v. Gilbert - - - the Fourth Circuit has upheld the federal prohibition against animal fighting,…
inversecondemnation.com
Court: State Land Use Commission Exceeded Its Authority, Violated Developers’ Due Process And Equal Protection Rights
We've been meaning to post the latest developments in a case we've been following, two lawsuits that originated in state court in the Third Circuit (Big Island), one an original…
Sentencing Law and Policy
“With repeal of state death penalty, death row questions arise”
Main April 14, 2012"With repeal of state death penalty, death row questions arise"The title of this post is the headline of this effective local piece out Connecticut spotlighting a number…