Articles Posted in Civil Rights

Justice Alito Asks Whether Non-Romantic Couples Should Have the Right to Marry: Absurd Question?
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Cornell University law professor Sherry Colb discusses a question Justice Samuel Alito asked during oral argument last week in the same-sex marriage cases—whether non-romantic couples should have the right to marry.

Interstate Marriage Recognition: When History Meets the Supreme Court
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Hofstra University law professor Joanna Grossman discusses one aspect the same-sex marriage case that the U.S. Supreme Court is hearing today, Obergefell v. Hodges. Specifically, Grossman considers whether the Fourteenth Amendment requires a state to recognize out-of-state marriages in the context of the history of interstate marriage recognition laws.

What Same-Sex Marriage Teaches About Social Change and the Supreme Court
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Cornell University law professor Michael Dorf describes the journey of the issue of same-sex marriage that has led to its reaching the U.S. Supreme Court this Term. Dorf explains what this path says about the relationship between social change and legal change.

Afterbirth: The Supreme Court’s Ruling in Young v. UPS Leaves Many Questions Unanswered
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Hofstra University law professor Joanna Grossman and University of Pittsburg law professor Deborah Brake continue their discussion of the U.S. Supreme Court’s decision in Young v. UPS, in which the Court held that a pregnant UPS driver who was denied a light-duty accommodation that was routinely made available to other employees with similar lifting restrictions should have the opportunity to prove that the employer’s denial was discriminatory.

Forceps Delivery: The Supreme Court Narrowly Saves the Pregnancy Discrimination Act in Young v. UPS
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Hofstra University law professor Joanna Grossman and University of Pittsburg law professor Deborah Brake discuss the U.S. Supreme Court’s recent decision in Young v. UPS, in which the Court resolved some issues over the scope of the Pregnancy Discrimination Act. In a second column, Grossman and Brake will comment on the implications of the ruling on other aspects of employment discrimination law.

Just How Lawless Are the Alabama State Court Judges Who Have Been Refusing to Issue Same-Sex Marriage Licenses?
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U.C. Davis law professor Vikram David Amar discusses the current controversy in Alabama over whether state court judges must issue same-sex marriage licenses pursuant to an order to a federal district judge sitting in that state.

The Final Showdown: The Supreme Court Agrees to Decide Whether Bans on Marriages by Same-Sex Couples are Unconstitutional
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Hofstra University law professor Joanna Grossman describes the path that the issue of same-sex marriage has taken to finally reach the U.S. Supreme Court this term.

The Question Is How, Not Whether, the Supreme Court Will Find a Right to Same-Sex Marriage
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Cornell University law professor Michael Dorf argues that the U.S. Supreme Court is likely to recognize a right to same-sex marriage in a ruling this term and discusses the different theories on which the Court could do so.

Tightening the Reins on Single-Sex Classes in Public Schools
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Hofstra University law professor describes the recent clarification by the Department of Education’s Office for Civil Rights of its prior guidance on the legality of single-sex classes in public schools. Grossman explains why this clarification was needed and what issues it seeks to address.

How the Supreme Court’s Inaction on Same-Sex Marriage Echoes Its Conduct in the Civil Rights Era
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Cornell University law professor Michael Dorf highlights similarities and differences between the U.S. Supreme Court’s inaction during the Civil Rights Era and presently, with regard to the issue of same-sex marriage.

Meet our Columnists
Vikram David Amar

Vikram David Amar is a Distinguished Professor of Law at UC Davis School of Law and a Professor of Law and Former Dean at the University of Illinois College of Law on the Urbana-Champaign campus.... more

Neil H. Buchanan

Neil H. Buchanan, an economist and legal scholar, is a visiting professor at both Osgoode Hall Law School and the University of Toronto Law school. He also holds the James J. Freeland Eminent... more

John Dean

John Dean served as Counsel to the President of the United States from July 1970 to April 1973. Before becoming White House counsel at age thirty-one, he was the chief minority counsel to the... more

Michael C. Dorf

Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University Law School. He has written hundreds of popular essays, dozens of scholarly articles, and six books on constitutional... more

Samuel Estreicher

Samuel Estreicher is Dwight D. Opperman Professor of Law and Director of the Center of Labor and Employment Law and Institute of Judicial Administration at New York University School of Law. He... more

Leslie C. Griffin

Dr. Leslie C. Griffin is the William S. Boyd Professor of Law at the University of Nevada, Las Vegas Boyd School of Law. Prof. Griffin, who teaches constitutional law and bioethics, is known for... more

Joanna L. Grossman

Joanna L. Grossman is the Ellen K. Solender Endowed Chair in Women and Law at SMU Dedman School of Law and is currently serving as the Herman Phleger Visiting Professor at Stanford Law School. ... more

Marci A. Hamilton

Professor Marci A. Hamilton is a Professor of Practice in Political Science at the University of Pennsylvania. She is also the founder, CEO, and Academic Director of CHILD USA, a 501(c)(3)... more

Joseph Margulies

Mr. Margulies is a Professor of Government at Cornell University. He was Counsel of Record in Rasul v. Bush (2004), involving detentions at the Guantánamo Bay Naval Station, and in Geren v. Omar... more

Austin Sarat

Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College.Professor Sarat founded both Amherst College’s Department of Law,... more

Laurence H. Tribe

Laurence H. Tribe is the Carl M. Loeb University Professor Emeritus at Harvard University and Professor of Constitutional Law Emeritus at Harvard Law School, where he has taught since 1968. Born in... more

Lesley Wexler

Lesley Wexler is a Professor of Law at the University of Illinois College of Law. Immediately prior to taking the position at Illinois, Wexler was a Professor of Law at Florida State University,... more