Why the Court Can Strike Down Marriage Restrictions under Rational-Basis Review
Analyizes which rational basis review the court will choose to apply in Perry-- "ordinary" rational basis or rational basis "with bite".
The Review: Volume 37
Preview
Issue 1
featuring
Issue 2
featuring
Issue 3
featuring
- Using Storytelling to Achieve a Better Sequel to Foster Care Than Delinquency
- Playing Devil's Advocate: The Constitutional Implications of Requiring Advocacy Organizations to Present Opposing Viewpoints
- By the Courts, for the Bar: Judicial Exemption of Lawyers from the Scope of Consumer Protection Laws
- Shifting Foundation: The Problem with Inconsistent Implementation of Federal Recognition Regulations
In Depth Reading
Volume 37 Issue 1
The Pertinence of Perry to Challenging the Continuing Criminalization of LGBT People
Juxtaposition of marriage equality and anti-discrimination legislation and litigation with the Criminal Justice system's continued discrimination of LGBTQ folks.
Prop 8: Advancing Civil Rights through Cultural and Constitutional Change
Discussion of the cultural and doctrinal legacy Perry has created for LGBTQ advocates.
When Litigation Collides with Grassroots Organizing: The Impact of the Perry Lawsuit through the Eyes of Asian Americans Organizing for Marriage Equality
Highlights effect of Asian American grassroots organizing for marriage equality and tension with centering of impact litigation lawyers and plaintiffs of Perry.
Volume 37 Issue 2
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.
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.
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.
Triangulating Rape
Triangulated civil suits as opposed to criminal prosecutions can serve as an important avenue for redress for sexual harms.
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.
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.
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.
Volume 37 Issue 4
School-to-Prison Pipeline Tragedy on Montana's American Indian Reservations, The
Article presents regional data and provides personal narratives to demonstrate the educational inequities American Indian children suffer in Montana.
Gangsters to Greyhounds: The Past, Present, and Future of Offender Registration
This article will critically examine the past, present, and future of offender registries.
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.