MedWorm provides a medical RSS filtering service. Over 6000 RSS medical sources are combined and output via different filters. This feed contains the latest medical blog items that have been tagged with 'equal protection'. Sat, 03 Sep 2011 03:01:11 +0100 http://www.medworm.com/index.php?rid=4566148&cid=t_188327_109_f&fid=36089&url=http%3A%2F%2Fthesituationist.wordpress.com%2F2011%2F03%2F10%2Fthe-rhetorical-situation-of-law-and-the-situation-of-rhetoric%2F This article will describe the shift in the Supreme Court’s rhetoric over time, with an eye toward trying to understand why this shift has occurred and what the implications of this shift are for those who have suffered discrimination and wish to pursue their rights in court. In addition, this article will consider non-legal sources to determine whether such a shift is warranted by a decrease in race and gender discrimination in American society. * * * Download the paper for free here. Related Situationist posts: Responding to Subtle Racial Harassment “What Are the Legal Implications of Implicit Biases?,” “Confronting the Backlash against Implicit Bias,” “The Situation of Situation in Employment Discrimination Law – Abstract.” Patrick Shin at Harvard Law School Liabil... The Situationist blogs http://www.medworm.com/rss/comments.php?id=4566148 Thu, 10 Mar 2011 04:01:10 +0100 4566148 http://www.medworm.com/index.php?rid=4105650&cid=t_188327_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FhQXeCa9mlkE%2F By Jim HarperCarl Malamud is a breakthrough thinker and doer on transparency and open government. In the brief video below, he makes the very interesting case that various regulatory codes are wrongly withheld from the public domain while citizens are expected to comply with them. It’s important, mind-opening stuff. It seems a plain violation of due process that a person might be presumed to know laws that are not publicly available. I’m not aware of any cases finding that inability to access the law for want of money is a constitutional problem, but the situation analogizes fairly well to Harper v. Virginia, in which a poll tax that would exclude the indigent from voting was found to violate equal protection. Regulatory codes that must be purchased at a high price will tend t... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=4105650 Tue, 26 Oct 2010 12:23:40 +0100 4105650 http://www.medworm.com/index.php?rid=3822897&cid=t_188327_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2F_AGp6Y7QB7c%2F By Ilya ShapiroI haven’t even begun to dig into Judge Walker’s 138-page (!) opinion that strikes down Proposition 8 on both due process and equal protection grounds, but here are three key excerpts.  First, the conclusion that government lacks a “rational basis” for preventing same-sex couples from marrying: Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite-sex couples are superior to same-sex couples. Then the equal protection conclusion: Because Proposition 8 disadvantages gays and lesbians without any rational justification, Proposition 8 violates the Equal Prot... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=3822897 Wed, 04 Aug 2010 22:32:37 +0100 3822897 http://www.medworm.com/index.php?rid=3595566&cid=t_188327_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FX52WaVptCyY%2F By Ilya ShapiroAs Larry Solum notes and Randy Barnett seconds, Georgetown law professor and friend-of-Cato Nick Rosenkranz has just published a tremendous article in the Stanford Law Review.  I saw an earlier version of it and can tell you that it offers one of those singular re-thinks of accepted learning.  As Randy puts it, “It is one of those rare pieces that hits you between the eyes and causes you to reconsider how you think about the Constitution.”  The article, entitled “The Subjects of the Constitution,” argues that all of us are going about our constitutional theorizing, at least with respect to judicial review, the wrong way.  Here’s the first paragraph of the abstract: Two centuries after Marbury v. Madison, there remains a deep confusion about... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=3595566 Tue, 25 May 2010 12:35:34 +0100 3595566 http://www.medworm.com/index.php?rid=2364935&cid=t_188327_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FXGWf0nuPO-M%2F Today the Supreme Court heard argument in Ricci v. DeStefano, the “reverse discrimination” case in which the city of New Haven refused to certify the results of a race-neutral promotion exam whose objective results would have required, under civil service rules, the promotion of only white and Hispanic (but no black) firefighters. The firefighters who were thus denied promotions sued the city, claiming racial discrimination under Title VII of the Civil Rights Act and the Equal Protection Clause of the Fourteenth Amendment. Remarkably, a panel of the Second Circuit Court of Appeals—including oft-mentioned Supreme Court contender Sonia Sotomayor—summarily affirmed the district court’s ruling against the firefighters, though Judge José Cabranes (a Clinton appointee) later excoriate... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=2364935 Wed, 22 Apr 2009 18:02:44 +0100 2364935 http://www.medworm.com/index.php?rid=1596565&cid=t_188327_140_f&fid=35438&url=http%3A%2F%2Fwrithesafely.wordpress.com%2F2008%2F07%2F08%2Ftomorrows-fish-and-chip-paper%2F You remember that lady who fell down and died in front of everybody in a New York hospital? What are you, living in the past, that was 8 whole days ago! But here’s a footnote lest you were to think something relevant was about to happen — that video didn’t hit the airwaves as the result of an investigation into the deplorable conditions of our nation’s yadda yadda, it was a fluke stumbled on while investigating some other unrelated everyday civil rights violation. See that puff of smoke going up, that would be the change in the air, an allowance that what happened in Kings County Psychiatric Hospital happens all the time in those places, in your neighborhood and mine, standard and unremarkable. Putting eyes on it is what’s remarkable, which leads to necessary ... Writhe Safely blogs http://www.medworm.com/rss/comments.php?id=1596565 Tue, 08 Jul 2008 17:39:55 +0100 1596565 http://www.medworm.com/index.php?rid=1531913&cid=t_188327_109_f&fid=36089&url=http%3A%2F%2Fthesituationist.wordpress.com%2F2008%2F06%2F20%2Fthe-legal-situation-of-race-equality-abstract%2F Ivan Bodensteiner has posted his paper, “The Supreme Court as the Major Barrier to Racial Equality” on SSRN. Here’s the abstract. * * * This Article suggests that the U.S. Supreme Court, through its decisions in cases alleging race discrimination, stands as a major barrier to racial equality in the United States. There are several aspects of its decisions that lead to this result. Between 1868 and 1954, the Equal Protection Clause of the Fourteenth Amendment, while it had been interpreted to strike down a few blatant forms of de jure discrimination, allowed government to separate the races based on the separate but equal fiction. Beginning in 1954, Brown and a series of subsequent decisions attacked this fiction and for a period of nearly twenty years the Court was intent... The Situationist blogs http://www.medworm.com/rss/comments.php?id=1531913 Fri, 20 Jun 2008 19:04:40 +0100 1531913