Fusion and the associational rights of minor political parties

Article Abstract:

Antifusion laws that ban political parties from nominating a candidate for public office that has already been nominated by another party are an infringement of the right of association under the First and 14th Amendments. State antifusion statutes should be ruled unconstitutional because they cannot pass the strict scrutiny test because there is no compelling government interest and the statutes are not narrowly tailored. State laws on fusion should follow those in existence in New York and other states and allow fusion with safeguards to protect the interests of major parties and candidates.

United States, Interpretation and construction, Freedom of association, Election law, Third parties (United States politics), states

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Treaty-based rights and remedies of individuals

Article Abstract:

Treaties should be enforceable by individuals in the courts under the Supremacy Clause of the US Constitution. The issues of standing, right of action and remedies should be decided by standards similar to those used with other laws. If treaties create judicially enforceable obligations, individuals with primary rights under those treaties should be allowed to sue. The concept of self-executing treaties, often cited in decisions, is not useful in deciding these issues. The intent of the Supremacy Clause to prevent or cure US violations of international law should guide the award of remedies.

Cases, Standing (Law), Treaties, International and municipal law

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Unwed fathers' rights, adoption, and sex equality: gender-neutrality and the perpetuation of patriarchy

Article Abstract:

The formulation of parental rights of unwed fathers must extend beyond the standard model of individual rights to incorporate the complexity and interdependence involved in familial relations. Parental rights should be made more inclusive to allow multiple parents, such as biological and custodial parents, access to children's lives. This reformulation requires an acknowledgement of patriarchal influences on the laws of parental rights and adoption and must incorporate protections for alternative family structures.

Custody of children, Child custody, Adoption, Unmarried fathers

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