Perry's Path to Equality: Rejecting "Gay Marriage" and Rethinking the "Right to Marry"
Perry is an opportunity for the court to correct constitutional doctrine by focusing on substantive due process and clarify its marriage jurisprudence.
The Review: Volume 37
Preview
Issue 1
featuring
Issue 2
featuring
Issue 3
featuring
- By the Courts, for the Bar: Judicial Exemption of Lawyers from the Scope of Consumer Protection Laws
- Playing Devil's Advocate: The Constitutional Implications of Requiring Advocacy Organizations to Present Opposing Viewpoints
- Shifting Foundation: The Problem with Inconsistent Implementation of Federal Recognition Regulations
- Using Storytelling to Achieve a Better Sequel to Foster Care Than Delinquency
In Depth Reading
Volume 37 Issue 1
The Past, Present, and Future Role of Hollingsworth v. Perry: An Introduction
Discussion of how Hollingsworth v. Perry fits within the larger LGBTQ rights movement, and suggestions for how the case should be decided.
Repealing Rights: Proposition 8, Perry, and Crawford Contextualized
Argues the court should hold in Perry that taking away the right to marriage for certain groups of people violates the Equal Protection Clause.
Undoing Humiliation, Fostering Equal Citizenship: Human Dignity in South Africa's Sexual Orientation Equality Jurisprudence
Examines the importance of human dignity in South Africa's equality jurisprudence.
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.
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.
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.
Volume 37 Issue 3
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.
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.
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
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.
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.
Gangsters to Greyhounds: The Past, Present, and Future of Offender Registration
This article will critically examine the past, present, and future of offender registries.