Analyizes which rational basis review the court will choose to apply in Perry-- "ordinary" rational basis or rational basis "with bite".
- 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
Juxtaposition of marriage equality and anti-discrimination legislation and litigation with the Criminal Justice system's continued discrimination of LGBTQ folks.
Discussion of the cultural and doctrinal legacy Perry has created for LGBTQ advocates.
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
Critique of the proposed Employment Non-Discrimination Act as a catch-all solution to curbing workplace discrimination against gender outlaws.
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.
Analysis of the efficacy of Prison Nursery Programs in providing an adequate solution for children of incarcerated mothers.
Triangulated civil suits as opposed to criminal prosecutions can serve as an important avenue for redress for sexual harms.
Volume 37 Issue 3
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.
The IRS has an undisclosed test for determining whether or not a viewpoint is educational enough to be a charity. The test is unconstitutional.
This article examines the role of Department of Interior regulations in defining America's relationship to Native American tribes.
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
Article presents regional data and provides personal narratives to demonstrate the educational inequities American Indian children suffer in Montana.
This article will critically examine the past, present, and future of offender registries.
This article argues against the barries to state and local "green" iniatives created by federal preemption doctrine.