Marriage and Mass Incarceration
Critiquing the marginalizing effect institution of marriage has on those outside of non-state-sanctioned relationships, such as trans and incarcerated persons.
The Review: Volume 37
Preview
Issue 1
featuring
- Prop 8: Advancing Civil Rights through Cultural and Constitutional Change
- How Has Perry Affected Other Marriage Rights Litigation Strategies: Reflections on a Silver Anniversary and the Golden Rule
- The Perry Litigation and the Changing Political Landscape for Marriage Equality
- Same-Sex Marriage and Perry: A Case for Judicial Minimalism
Issue 2
featuring
Issue 3
featuring
- Playing Devil's Advocate: The Constitutional Implications of Requiring Advocacy Organizations to Present Opposing Viewpoints
- Using Storytelling to Achieve a Better Sequel to Foster Care Than Delinquency
- Shifting Foundation: The Problem with Inconsistent Implementation of Federal Recognition Regulations
- By the Courts, for the Bar: Judicial Exemption of Lawyers from the Scope of Consumer Protection Laws
In Depth Reading
Volume 37 Issue 1
Imagining a Same-Sex Marriage Decision Based on Dignity: Considering Human Experience in Constitutional Law
Argues that laws that infringe upon human dignity should be subject to strict scrutiny; imagines a decision in Perry in that vein.
Slighting the Sex-Discrimination Claim in Hollingsworth v. Perry
Critiques the District Court's use of the sex discrimination theory of marriage equality as too fragmented to provide an adequate model for advocates.
An Ephemeral Movement Minimalism, Equality, and Federalism in the Struggle for Same-Sex Marriage Rights
Reflection on the current "ephemeral moment" in marriage equality movement and analysis of the minimalist and federalism based litigation strategies.
Volume 37 Issue 2
Triangulating Rape
Triangulated civil suits as opposed to criminal prosecutions can serve as an important avenue for redress for sexual harms.
The Military Must Lead in Advocating for Marriage Equality
Don't ask, don't tell undermines military familes, and so the U.S. Military must lead in advocating for marriage equality at the federal and state levels.
Protecting the Margins: Intersectional Strategies to Protecting Gender Outlaws from Workplace Harassment
Critique of the proposed Employment Non-Discrimination Act as a catch-all solution to curbing workplace discrimination against gender outlaws.
U.S. v. My Mommy: Evaluation of Prison Nurseries as a Solution for Children of Incarcerated Women
Analysis of the efficacy of Prison Nursery Programs in providing an adequate solution for children of incarcerated mothers.
Volume 37 Issue 3
Using Storytelling to Achieve a Better Sequel to Foster Care Than Delinquency
Legal story telling principles should be used to center children's viewpoints before they are at risk of becoming delinquent and losing their dependency status.
Shifting Foundation: The Problem with Inconsistent Implementation of Federal Recognition Regulations
This article examines the role of Department of Interior regulations in defining America's relationship to Native American tribes.
By the Courts, for the Bar: Judicial Exemption of Lawyers from the Scope of Consumer Protection Laws
State courts should reevaluate whether regulation of the bar is a purely judicial function and whether or not consumer protection statutes have a role to play.
Playing Devil's Advocate: The Constitutional Implications of Requiring Advocacy Organizations to Present Opposing Viewpoints
The IRS has an undisclosed test for determining whether or not a viewpoint is educational enough to be a charity. The test is unconstitutional.
Volume 37 Issue 4
Gangsters to Greyhounds: The Past, Present, and Future of Offender Registration
This article will critically examine the past, present, and future of offender registries.
The School-to-Prison Pipeline Tragedy on Montana's American Indian Reservations
Article presents regional data and provides personal narratives to demonstrate the educational inequities American Indian children suffer in Montana.
Efficiency of Energy Efficiency: Improving Preemption of Local Energy Conservation Programs, The
This article argues against the barries to state and local "green" iniatives created by federal preemption doctrine.