"The Prop 8 Court Can Have it All: Justice, Precedent, Respect for Democracy, and an Appropriately Limited Judicial Role"Posted June 1st, 2010 by Virginia Mattingly
ACS is pleased to distribute The Prop 8 Court Can Have it All: Justice, Precedent, Respect for Democracy, and an Appropriately Limited Judicial Role, an Issue Brief by Rebecca L. Brown, Newton Professor of Constitutional Law at the University of Southern California Gould School of Law. In this Issue Brief, Professor Brown discusses Perry v. Schwarzenegger, in which the United States District Court for the Northern District of California is considering whether the United States Constitution requires states to permit marriage between individuals of the same sex. While strong arguments may very well exist for a broad ruling, Professor Brown suggests that the case might also lend itself to a more modest resolution of the claims raised. Proposition 8 was a ballot initiative that originated as a reaction to a California Supreme Court decision interpreting California's Constitution as requiring the state to permit same-sex couples to marry; Proposition 8 subsequently added to the California Constitution a provision that "[o]nly marriage between a man and a woman is valid or recognized in California." After extensive analysis of case law, the author concludes that the United States Constitution's Equal Protection jurisprudence dictates that Proposition 8 be struck down, since "[a]ny legislation must have a public purpose other than stigmatization," and "no public purpose that could plausibly be served by this retroactive reduction in status has been offered to dispel the usual inference that any act of stigmatization is a violation of the state's obligation to legislate impartially."
While a decision along these lines would not touch upon the breadth of the fundamental right to marry, Professor Brown suggests that this modest resolution of Perry "would fulfill the best expectations we have of the federal judicial role, to resolve the case on strong, unassailable, time-honored, and yet narrow, grounds."
As the author argues:
A ruling of the kind I will advocate would not be an act of minimalism, but neither would it be an act of maximalism. Rather, this would be an exercise in judicial optimalism -- using good judgment to determine just how much judicial intervention is necessary to vindicate the core and essential purposes of the judicial role, without unnecessarily diverting the course of more widespread social and political movements that are at the heart of healthy and lasting legal change.
- 1st place $1,000 (and possible publication in Kentucky Bench & Bar)
- 2nd place $300
- 3rd place $200
Entries must be received no later than June 1, 2010.
Click here to access the document.
On May 25, 2010, members of the law school community gathered at Central High School's library to celebrate the accomplishments of the Central High School Law Magnet Program. Professor Laura Rothstein, with the assistance of Jina Scinta and Principal Dan Withers, conducted the ceremony.
Renowned portrait artist, Robert Shetterly unveiled reproductions of two paintings from his Americans Who Speak the Truth Collection. He shared quotes from both Justice Louis D. Brandeis and Representative John Lewis during his discussion about the essential principles of a democracy.
Following his remarks, Joe Gutmann, Central High School Law and Government Magnet Coordinator, presented awards to the program's outstanding students. Professor Sam Marcosson and Noelle Rao, '10 both received awards and standing ovations from the participants. Mary Jo Gleason, Coordinator of the Junior Writing Skills Program, Scott Furkin, Executive Director of the Louisville Bar Association, and Emily Zahn, '08 were also recognized for their contributions.
NOTE: The changes will not be reflected in the Registrar’s postings until later this week. You will not be able to add classes until the Registrar’s office updates its postings.
Two documents are posted to the Student Records, "Class Schedule" site:
1. A pdf copy of the entire registration packet, updated to 5/18/2010.
2. An Excel workbook showing changes made to the Class Schedule and the Exam Schedule. The changes are described at the top of each worksheet and the changes are highlighted in red in the body of the schedule. Both of the above attachments are also posted to the TWEN site created for discussion of the fall 2010 class schedule. You can download both schedules from the TWEN site.
We have added one new section of Criminal Procedure: Constitutional Issues which will be taught by Professor Abramson.
Several classes have been moved to larger rooms and their cap raised to accommodate wait lists and new students.
Four courses have been cancelled:a. Trademark (Cross)
b. Elder Law (Leibson and Faller)
c. Corporate Tax (Lewis)
d. Trial Practice (Schroering) – there is space available in Trial Practice (Bouldin).
Openings are available in many class.
Openings are available in externships including Immigration Law (Trucios-Haynes), Ky. Innocence Project (Jordan), Legal Aid (Jordan), Criminal Justice (Jordan), Tax (Blackburn), and Tech Transfer (Cross).
When University of Louisville graduates marched into Freedom Hall May 8 for commencement ceremonies, they followed students carrying colorful banners with each school or college name.
The banners are a handy way for family and friends to separate groups and find their graduate in the crowd. They also are a way to honor students who have been leaders in other ways: banner bearers are each school or college’s “outstanding graduate” for 2010. Each has a high record of scholarship, leadership and service.
Barry Dunn represented the Louis D. Brandeis School of Law. Dunn served as president of the Moot Court Board, a post of honor that also requires a lot of work. As president, he completed a project to review moot court competitions, evaluate them for the work required and credit hours awarded and draft a plan that equitably allocates credit hours to student competitors. The project normally would be one for a faculty curriculum committee. Dunn also served as the “notes” editor for the University of Louisville Law Review.
Full Story: "Outstanding students lead way at commencement" (UofL Today, May 7, 2010)
Journal of Animal and Environmental Law (JAEL) member applications are due today. You can submit them either by hardcopy or electronically on our TWEN page.
The hardcopy is due by 3pm and you can either drop them in our office (or slip them under the door if we aren't there) or place them in our drop box next to the student mailboxes.
To submit them electronically, you must join our TWEN page and you can upload them into the assignment drop box. Electronic submissions are due by Monday, May 10th at 11pm.