Suspect symbols: the literary argument for heightened scrutiny for gays

Article Abstract:

Use of symbols of homosexuality, such as the pink triangle, the closet and the body, can enrich Equal Protection analysis of discrimination against gays and lesbians. Law and literature theory suggests that symbols and narratives can improve legal inquiries by strengthening an understanding of identity and history. The pink triangle is relevant to the first prong of Equal Protection inquiry, whether historical discrimination has existed. The closet demonstrates the political powerlessness of the gay community. The body calls into question the immutable characteristic requirement of the third prong.

Usage, Law, Literature, Law and literature

---

Romer's radicalism: the unexpected revival of Warren Court activism

Article Abstract:

US Supreme Court Justice Anthony Kennedy's majority opinion in Romer v. Evans is evocative of the decisions of the Warren Court in that it possesses both a radicalism and a preservation of existing legal structures. The opinion struck down Colorado's Amendment 2 based on broad, general reasoning about the right of access to the political process. The opinion's Warren Court era radicalism comes from its willingness to open up future lines of debate and litigation. Its conservatism can be found in the willingness to use analogy and existing equal protection jurisprudence.

---

Confusion at the border: Cruzan, "the right to die," and the public/private distinction

Article Abstract:

The US Supreme Court decision in Cruzan v Director, Missouri Department of Public Health represents a curious contradiction in position by liberal Justice Brennan and conservative Justice Scalia in acting on the right to die issue. Justice Brennan's position promotes the interest of private individuals over public policy, while Justice Scalia gives states the power of collective decision-making for the private sphere. Both Justices err in restricting the court to protection of the private from the public interest.

Cases, Beliefs, opinions and attitudes, Medical care decision-making authority (Law), Medical care decision making authority (Law), Right to die, Public interest, Autonomy, Autonomy (Political science)

Similar abstracts:

• Abstracts: Software as "machine DNA": arguments for patenting useful computer disks per se. Computer software "article of manufacture" patents
• Abstracts: Blue sky laws and the recent Congressional preemption failure. The federal securities acts' one-year inquiry notice statute of limitations: are the scales tipped against fraud claimants?
• Abstracts: Putting the "law" back into environmental law. Why states, not EPA, should set pollution standards. Why states, not the EPA should set pollution standards
• Abstracts: The costs of regulating Microsoft. Changing the Federal Register to improve regulatory accountability. The cost of antiterrorist rhetoric
• Abstracts: Interested director transactions and the (equivocal) effects of shareholder ratification. Nonprofit corporations: conversion to for-profit corporate status and nonprofit corporation members' rights

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.