Loving's legacy: the other antidiscrimination principles
Article Abstract:
The use of the anti-discrimination principle in the landmark Loving v. Virginia case should be maintained and strengthened. Under this principle, the courts can address governmental discrimination in the form of disparate treatment of similarly situated individuals without conflicting with the dominant "equal protection" framework of the U.S. Constitution. A stronger conception of the anti-discrimination principle might compel the Supreme Court to curb its reliance on a "color-blind" rationale in discrimination cases.
Publication Name: Harvard Civil Rights-Civil Liberties Law Review
Subject: Social sciences
ISSN: 0017-8039
Year: 1999
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Destructuring disability: rationing of health care and unfair discrimination against the sick
Article Abstract:
The courts need to develop and adopt an understanding of the reasonable accommodations concept that provides protection against unfair discrimination in health care rationing. Current interpretations of the Americans with Disabilities Act have not been sufficient to address issues raised by the rationing by patient approach. An equal protection approach should be used in scrutinizing rationing by service because entitlement standards and standards that focus on the individual are inadequate.
Publication Name: Harvard Civil Rights-Civil Liberties Law Review
Subject: Social sciences
ISSN: 0017-8039
Year: 1996
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Same-sex marriage and simulacra: exploring conceptions of equality
Article Abstract:
The concept of equality before the law underlies the continuation of discriminations against groups and should be discarded for those seeking to legitimize same-sex marriages and replaced by an equality concept of multiple romance possibilities. Equality before the law presupposes predetermined separations and preferences. Applying Jean Baudrillard's simulacrum concept is useful in the analysis of the motivations behind and the substance of 1996's Defense of Marriage Act.
Publication Name: Harvard Civil Rights-Civil Liberties Law Review
Subject: Social sciences
ISSN: 0017-8039
Year: 1998
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- Abstracts: Driving and vision in an aging society. Available and emerging technologies for people with visual impairment
- Abstracts: Evaluating from the outside: conducting cross-cultural evaluation research on an American Indian reservation. Evaluating child and youth homelessness: the example of New Haven, Connecticut
- Abstracts: Evaluating from the outside: conducting cross-cultural evaluation research on an American Indian reservation. part 2
- Abstracts: The contingent effect of constructive confrontation on the relationship between shared mental models and decision quality
- Abstracts: Lobbying incentives and the pattern of protection in rich and poor countries. Recent and prospective adoption of genetically modified cotton: a global computable general equilibrium analysis of economic impacts