Topic
Equal Protection
588 published works
Simple Justice
Does Florida’s Transgender Bathroom Law Violate Free Speech?
The usual and expected point of attack against laws regarding the use of bath and changing facilities by transgender people is the Fourteenth Amendment’s Equal Protection Clause, arguing that they…
The Faculty Lounge
Bi+ Visibility Day and Marjorie Rowland
In honor of today being Celebrate Bisexuality Day (aka Bi+ Visibility Day or Bi Visibility Day), I thought I would post about bisexual rights pioneer Marjorie Rowland, who sued way…
Gender and the Law Prof Blog
Trans Animus Under an Equal Protection Analysis
By Tracy Thomas
Scott Skinner-Thompson, Trans Animus, Boston College L.Rev. (forthcoming) Anti-transgender legislation is sweeping the nation with devastating consequences for trans lives. Each piece of legislation is generally challenged in isolation and conceptualized…
Appellate Advocacy Blog
The Optics of Ending Affirmative Action
In Students for Fair Admissions v. Harvard, the United States Supreme Court ended affirmative action in college admissions.[1] Specifically, the Court held that race-based considerations in the admissions process violated…
Gender and the Law Prof Blog
Ninth Circuit Says Law Banning Transgender Students is Likely Unconstitutional
By Tracy Thomas
ABA J, Law Banning Transgender Students from Female Sports Likely Unconstitutional, Ninth Circuit SaysA federal appeals court on Thursday ruled for a transgender college student who challenged an Idaho law…
ImmigrationProf Blog
Immigration Article of the Day: The Unfinished Revolution for Immigrant Civil Rights by Allison Brownell Tirres
The Unfinished Revolution for Immigrant Civil Rights by Allison Brownell Tirres, University of Pennsylvania Journal of Constitutional Law, ForthcomingAbstractThe Supreme Court’s landmark 1971 decision in Graham v. Richardson, which declared noncitizens to…
Davis+Gilbert PERKS
Supreme Court Affirmative Action Ruling Leaves Room for DEI at Work
As previously mentioned on D+G PERKS, many employers are now grappling with the legality of their DEI efforts in the wake of the Supreme Court's recent decision striking down affirmative…
PrawfsBlawg
The Constitutionality of Legacy Preferences
Main Tuesday, July 04, 2023The Constitutionality of Legacy PreferencesIn the wake of the Court's affirmative action decision, a federal lawsuit was filed on Friday challenging Harvard's legacy admissions preferences. There's…
Law School Academic Support Blog
What Goes Around, Comes Around
In the past week, the United States Supreme Court has solidified and endorsed institutional racism and the exclusion of LGBTQIA+ people from places of public accommodation. The 14th Amendment…
Simple Justice
Competing Views of Equal Protection
In one form or another, elite colleges have used affirmative action since 1965 to socially re-engineer the racial mix of their student bodies. Since first upheld in Bakke in 1978,…