Topic
Equal Protection
588 published works
Religion Clause
Excluding Gender-Affirming Care from Governmental Insurance Coverage Violates Equal Protection
In Kadel v. Folwell, (4th Cir., April 29, 2024), the U.S. 4th Circuit Court of Appeals sitting en banc, in an 8-6 decision, held that an exclusion in North Carolina's state employee…
Government Contracts Legal Forum
Nuziard v. Minority Business Development Agency: Another Blow To Federally Sponsored Affirmative Action Efforts
By Lorraine M. Campos, Amy Laderberg O'Sullivan, Ellen Moran Dwyer
On March 5, 2024, a federal judge in Texas struck down a federally-sponsored racial preference extended to minority groups seeking to access capital and government contracts. Nuziard v. Minority Business Development…
Gender and the Law Prof Blog
Neoshia Roemer on “Equity for American Indian Families”
By Jamie Abrams
Neoshia Roemer has posted her work-in-progress, Equity for American Indian Families, on SSRN. The abstract previews: Recently, the Supreme Court opined on the Indian Child Welfare Act’s (“ICWA”) constitutionality in Haaland v. Brackeen.…
Constitutional Law Prof Blog
District Court Rules Minority Business Development Agency’s Racial Presumptions Unconstitutional
Judge Mark Pittman (N.D. Tex.) ruled today that the MBDA's racial presumptions violate equal protection and permanently enjoined the Agency from using them. (The court previously entered a preliminary injunction.)The…
Agricultural Law and Taxation Blog
Animal Ag Facilities and Free Speech – Does the Constitution Protect Saboteurs? (An Update)
OverviewIn response to attempts to shut down animal confinement operations by activist groups, legislatures in several states have enacted laws designed to protect these businesses by limiting access. A common…
Gender and the Law Prof Blog
Why State Laws Banning Transgender Athletes are Unconstitutional
By Tracy Thomas
Deborah L. Brake, Symposium: Gender, Health, and the Constitution--The New Gender Panic in Sport: Why State Laws Banning Transgender Athletes are Unconstitutional, 15 ConLawNOW 35 (2024).This essay considers the role…
PrawfsBlawg
Erie and litigation finacing in Florida
Main Thursday, February 08, 2024Erie and litigation finacing in FloridaThe Florida legislature is considering legislation that would, among other things, require automatic disclosure of financing agreements. Wisconsin enacted a similar…
Gender and the Law Prof Blog
Legal Scholar Amicus Brief Argues to Sustain or Increase Scrutiny Level for Transgender Inmate
By Tracy Thomas
Kyle Velte, Ezra Young, Jeremiah Ho, M. Dru Levasseur, Nancy Marcus, Dara Purvis, Eliot Traez, Ann Tweedy, Brief Amici Curiae Legal Scholars of Sex and Gender In Support of Plaintiff-AppellantThis…
For Good
Proskauer Files Amicus Briefs in Support of Voting Rights
By Godfre Blackman, Emily H. Kline, Daniel Wesson, Alexander J. Blutman
Proskauer teams recently submitted amicus briefs in two critical voting rights cases, which are becoming increasingly important in the runup to the 2024 U.S. elections. On August 18, 2023, Proskauer…
Understanding the ADA
Is There a Remedy When a State Court Judge Discriminates Against an Individual by Reason of Their Disability
At least once a month, I get a phone call where a judge is treating a person with a disability in their courtroom in a hostile way. The person always…