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Category: Law

The Death of DOMA

The Death of DOMA

Jack M. Balkin— The two important federal challenges brewing in the courts—the struggle over California’s Proposition 8 and the challenge to the federal Defense of Marriage Act—converged on the Supreme… READ MORE

Two Consequences of Tough-On-Crime

Two Consequences of Tough-On-Crime

Russell Crandall— A hallmark of the tough-on-crime era was the militarization of domestic law enforcement, especially on the anti drug front. Special Weapons and Tactics (SWAT) teams were first formed… READ MORE

Ruth Bader Ginsburg’s Opera

Ruth Bader Ginsburg’s Opera

William N. Eskridge Jr.— Ruth Bader Ginsburg passionately loved her family, her job as a judge, constitutional law, and opera—not always in that order.  I first came to know and… READ MORE

American Religion and the Marriage Debate

American Religion and the Marriage Debate

William N. Eskridge Jr.— From the beginning of the marriage equality debate, the main critics of marriage between persons of the same sex were religious intellectuals and public figures such… READ MORE

Bostock and Originalism

Bostock and Originalism

Mark Tushnet— On June 15, 2020, the Supreme Court decided Bostock v. Clayton County. Dividing 5-4, the Court held that the ban on employment discrimination “because of sex” in Title… READ MORE

A Matter of Dignity

A Matter of Dignity

Donna Hicks— Like so many of us, I am deeply saddened and outraged by the brutal killing of George Floyd by members of the Minneapolis police. The jaw dropping video… READ MORE

Sovereignty in a Public Health Crisis

Sovereignty in a Public Health Crisis

Don Herzog— Who should buy ventilators, N-95 masks, PPE, and more? “Governors are supposed to be doing a lot of this work,” complained President Trump. “The federal government is not… READ MORE

Environmental Policy

Environmental Policy

Richard N. L. Andrews— Environmental protection policy includes three elements intended to protect public health and ecological processes from adverse effects of human activities. One is pollution control, including prevention,… READ MORE

Multilateralism in Global Health

Multilateralism in Global Health

Kathryn C. Lavelle— The political boundaries that humans construct rarely confine disease. Thus, medicine is humanity’s most transnational endeavor. To understand systems of coordinating relations across states in accordance with… READ MORE

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