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Constitutional law | Hunter of Justice | Page 20

Constitutional law

California AG files admission that Prop 8 is unconstitutional

1
June 13, 2009

California AG Jerry Brown filed an answer Friday in Perry v. Schwarzenegger containing the following statement: The Attorney General of California is sworn to uphold the Constitution of the United States in addition to the Constitution of the State of California. … Taking from same-sex couples the right to civil marriage that they had previously […]

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ACLU issues analysis of Sotomayor rulings

0
June 11, 2009

The ACLU has issued a detailed analysis of Judge Sonia Sotomayor's judicial record. The conclusion: In general, Judge Sotomayor's judicial opinions reflect a detailed attention to the facts and a close regard for precedent.  They are carefully reasoned but do not engage in broad discussions about constitutional philosophy or competing modes of constitutional interpretation. Because […]

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The Perry case and the roller coaster ride to come

3
May 30, 2009

As I am sure my readers know, two aging super-litigators with too much time on their hands – Gore lawyer David Boies and uber-Republican Ted Olson – have joined forces to argue that Prop 8 violates the Equal Protection Clause of the U.S. Constitution.  They are correct, of course. But as everyone also knows, the […]

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The Prop 8 challenge decision: less than meets the eye, but promising more to come

0
May 30, 2009

Despite all the heartburn it has engendered, my bet is that Strauss v. Horton (2009 WL 14444594), the decision upholding Prop 8, will not have much lasting effect, at least directly, on lgbt rights law. Fundamentally, the case was about the criteria necessary before a change to the California constitution could be considered a revision […]

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Tributes to Mary Dunlap

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April 6, 2009

Ruth Robson has a lovely post at the Con Law Professors blog about the pioneering work of San Francisco  litigator Mary Dunlap, including a remarkable analysis of gender and sexuality she wrote that was published 30 (!) years ago in the Hastings Law Journal: The Constitutional Rights of Sexual Minorities: A Crisis of the Male/Female […]

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Law professors debate Prop 8

2
January 9, 2009

Law professors are having their annual conference this week in San Diego, and two panels have focused exclusively on Prop 8, especially the post-election challenge (which I've discussed here). The panel this morning was terrific, especially interesting because each panelist presented a distinctive point of view. (Kudos to Rachel Moran of Berkeley for selecting the […]

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