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THE BROWN MOMENT IN TAIWAN: MAKING SENSE OF THE LAW AND POLITICS OF THE TAIWANESE SAME-SEX MARRIAGE CASE IN A COMPARATIVE LIGHT Ming-Sung Kuo & Hui-Wen Chen+ The Taiwan Constitutional Court (TCC) recently issued a landmark decision in Interpretation No. 748 (the Same-Sex Marriage Case), declaring the definition of marriage as a gender-differentiated union of a man and a woman under the Civil Code unconstitutional and setting the stage for Taiwan to become the first in Asia to legalize same-sex marriage. This decision has been compared to Obergefell v. Hodges. However, reading Obergefell in the broad context of the gay rights movement and the role of judicial review in Taiwanese constitutional politics, we challenge this analogy. Due to the discrepancy between the social movement and the law in the fight for constitutional rights for gays and lesbians in Taiwan, the Same-Sex Marriage Case is Taiwan’s Brown v. Board of Education moment in her constitutional law and politics. To make sense of the law and politics of the Same Sex Marriage Case, we evaluate its political context and the text and style in its reasoning. We observe a discrepancy between law and politics in the pursuit of the constitutional rights of gays and lesbians in Taiwan. The rise of same-sex marriage to the top of the antidiscrimination agenda resulted from the continuous effort of gay rights activists, while the TCC watched this movement from the sidelines until the Same-Sex Marriage Case. This case thus mirrors Brown in two respects. First, the role of the TCC has been publicly questioned after its Brown-like contentious decision on the issue of same-sex marriage. -
History SS Federalism Today Complex Project
Item Name: Federalism Today Item Type: Complex Project Subject and/or U.S. Government/Civics, Grade 11-12 Course: CCSS.ELA-LITERACY.RH.11-12.1 Cite specific textual evidence to support analysis of primary and secondary sources… CCSS.ELA-LITERACY.RH.11-12.9 Compare and contrast treatments of the same topic in several primary and secondary sources… Common Core CCSS.ELA-Literacy.WHST.11-12.1 Write arguments focused on discipline-specific content…. Standards: CCSS.ELA-Literacy.WHST.11-12.7 Conduct short as well as more sustained research projects to answer a question… CCSS.ELA-Literacy.WHST.11-12.8 Gather relevant information from multiple authoritative print and digital sources… Published by Summit Public Schools (some modifications Developer/Source: made.) Administration: Curriculum-embedded Length of time for response: Multiple weeks Item Features: Method of scoring: Analytic Rubric Opportunity for student collaboration: Once a week Opportunity for teacher feedback and revision: Daily Collection of performance assessment items compiled by Overview This learning module will prepare you to write an argument over which level of government, federal or state, should have the authority and power when making and executing laws on controversial issues. You will research an issue of your choice, write an argument in support of your position, and then present it to a panel of judges. Standards AP Standards: APS.SOC.9-12.I Constitutional Underpinnings of United States Government APS.SOC.9-12.I.D - Federalism Objective: Understand the implication(s) -
The Anti-Federalist Ninth Amendment and Its Implications for State Constitutional Law Calvin R
University of California, Hastings College of the Law UC Hastings Scholarship Repository Faculty Scholarship 1990 The Anti-Federalist Ninth Amendment and Its Implications for State Constitutional Law Calvin R. Massey UC Hastings College of the Law, [email protected] Follow this and additional works at: http://repository.uchastings.edu/faculty_scholarship Recommended Citation Calvin R. Massey, The Anti-Federalist Ninth Amendment and Its Implications for State Constitutional Law, 1990 Wisconsin Law Review 1229 (1990). Available at: http://repository.uchastings.edu/faculty_scholarship/1130 This Article is brought to you for free and open access by UC Hastings Scholarship Repository. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of UC Hastings Scholarship Repository. For more information, please contact [email protected]. THE ANTI-FEDERALIST NINTH AMENDMENT AND ITS IMPLICATIONS FOR STATE CONSTITUTIONAL LAW CALVIN R. MASSEY* The ninth amendment has, of late, been the focus of much academic re- flection. In this Article, Professor Massey provides a provocative thesis regarding the intended purposes and uses of the ninth amendment. Professor Massey con- tends that the amendment is one of substance, guaranteeing the existence of citizens' rights, both created and preserved in state constitutions. Although in recent years the ninth amendment' has become the topic of considerable academic commentary,2 for the most part courts have ignored the amendment as a source of substantive constitutional rights.3 This general lack of attention, however, has been distinguished * Associate Professor of Law, University of California, Hastings. I express my ap- preciation to the National Association of Attorneys General, at whose annual seminar on state constitutional law I delivered a preliminary version of these thoughts. -
Human Rights and the Ninth Amendment: a New Form of Guarantee Jordon J
Cornell Law Review Volume 60 Article 3 Issue 2 January 1975 Human Rights and the Ninth Amendment: a New Form of Guarantee Jordon J. Paust Follow this and additional works at: http://scholarship.law.cornell.edu/clr Part of the Law Commons Recommended Citation Jordon J. Paust, Human Rights and the Ninth Amendment: a New Form of Guarantee, 60 Cornell L. Rev. 231 (1975) Available at: http://scholarship.law.cornell.edu/clr/vol60/iss2/3 This Article is brought to you for free and open access by the Journals at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell Law Review by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. HUMAN RIGHTS AND THE NINTH AMENDMENT: A NEW FORM OF GUARANTEE Jordon J. Paustt We hold these truths to be self-evident: that all men are created equal; that they are endowed, by their Creator, with certain unalienableRights; that among these are life, liberty, and the pursuit of happiness. THE DECLARATION OF INDEPENDENCE, 1776 Even those who are aware only of the two instances of substan- tial and violent human rights deprivation which occurred in Bang- ladesh a few years ago and in much of Nazi-controlled Europe over a quarter of a century ago should readily recognize the intense interdependency that exists between peace and the effec- tive realization of fundamental human values. Such a recognition has been made by the United Nations,' and the United Nations Charter contains a related pledge of the United States and all other member nations to take joint and separate action in cooperation with the UN for the effective implementation of a "universal respect for, and observance of, human rights and fundamental freedoms for all."' 2 Not only has it been recognized that human rights and peace are interdependent, but many observers have also noted an increasing interdependency among all people which should form the basis for a cooperative concern for the rights of others. -
Written Constitutions and Unenumerated Rights
Written Constitutions and Unenumerated Rights ERIC SLAUTER ^ I ^HE NINTH AMENDMENT to the Constitution ofthe United I States, which declares that the 'enumeration in the Con- .L stitution, of certain rights, shall not be construed to deny or disparage others retained by the people,' raises an obvi- ous problem for the practice of text-centered constitutional his- tory. While scholars bave traced the origins of most ofthe rights protected in the first ten amendments, sometimes devoting whole books to individual clauses, to date no one has written a similar study of tbe Ninth Amendment. It is easy to understand why. The enumerated rights of free speech or a free press present concrete objects for historical analysis, but because the nature and scope of the Ninth Amendment is itself subject to debate, it has not been especially clear what a prehistory of unenumerated rights would, should, or could examine. Political and legal scholars, to be sure, have attended to the im- mediate context ofthe production ofthe Ninth Amendment and have tried to provide a sense of the content of its protections. Legislative histories focus especially on James Madison's propo- sals for amendments in June 1789 and on changes made to those proposals in Congress later that summer. Turning from the pro- cess by which the text was formulated to the question of what rights the Ninth Amendment was designed to protect, some legal commentators see rights not enumerated in the Constitution as ERIC St^^trrEH is an assistant professor of English at the University of Chicago. Copyright © 2007 by American Antiquarian Society 277 278 American Antiquarian Society enumerated somewhere else. -
Unit 2 – Chapter 4: Constitutional Authority to Regulate Business Law
Business Law 210: Unit 2 – Chapter 4: Constitutional Authority to Regulate Business Law and the Legal Environment of Business [Professor Scott Bergstedt] Slide #: 1 Slide Title: Slide 1 [Image of a comic] Audio: [No audio] Slide #: 2 Slide Title: Chapter 4: Constitutional Authority to Regulate Business Chapter 4: Constitutional Authority to Regulate Business Audio: This is Chapter 4 – constitutional law, the authority under the Constitution to regulate business. Now, there is so much that can be said about constitutional law and all we have is this one chapter and a little bit on search and seizure under the criminal section. There’s very little time to cover a whole lot, so I will give you the big picture of constitutional law so you have an idea of how it operates. Slide #: 3 Slide Title: § 1: The Constitutional Powers of Government The Constitutional Powers of Government • After the Revolutionary War the States created the Articles of Confederation with a weak national government and most power and authority resting in the States. Audio: To start with, there wasn’t a Constitution. We’ re going way back, way back, right after the Revolutionary War the states got together and they wanted to create a government. Their first attempt at the government of United States… Slide #:4 Slide Title: The Constitutional Powers of Government The Constitutional Powers of Government • Articles of Confederation failed. Audio: …was the Articles of Confederation. The Articles of Confederation basically allowed there to be a federal government. It couldn’t tax, which meant it couldn’t raise money and if it didn’t have money, you know, what could it do? Well, that’s basically it was a very weak national government with most all of the power going to the states. -
The Ideological Context of the Disability Rights Critique: Where Modernity and Tradition Meet
Florida State University Law Review Volume 30 Issue 2 Article 8 2003 The Ideological Context of the Disability Rights Critique: Where Modernity and Tradition Meet Janet Dolgin [email protected] Follow this and additional works at: https://ir.law.fsu.edu/lr Part of the Law Commons Recommended Citation Janet Dolgin, The Ideological Context of the Disability Rights Critique: Where Modernity and Tradition Meet, 30 Fla. St. U. L. Rev. (2003) . https://ir.law.fsu.edu/lr/vol30/iss2/8 This Article is brought to you for free and open access by Scholarship Repository. It has been accepted for inclusion in Florida State University Law Review by an authorized editor of Scholarship Repository. For more information, please contact [email protected]. FLORIDA STATE UNIVERSITY LAW REVIEW DISABILITY EQUALITY AND PRENATAL TESTING: CONTRADICTORY OR COMPATIBLE? Adrienne Asch VOLUME 30 WINTER 2003 NUMBER 2 Recommended citation: Adrienne Asch, Disability Equality and Prenatal Testing: Contradictory or Compatible?, 30 FLA. ST. U. L. REV. 315 (2003). FLORIDA STATE UNIVERSITY LAW REVIEW THE IDEOLOGICAL CONTEXT OF THE DISABILITY RIGHTS CRITIQUE: WHERE MODERNITY AND TRADITION MEET Janet Dolgin VOLUME 30 WINTER 2003 NUMBER 2 Recommended citation: Janet Dolgin, The Ideological Context of the Disability Rights Critique: Where Modernity and Tradition Meet, 30 FLA. ST. U. L. REV. 343 (2003). THE IDEOLOGICAL CONTEXT OF THE DISABILITY RIGHTS CRITIQUE: WHERE MODERNITY AND TRADITION MEET JANET DOLGIN* I. BEYOND THE LAW: THE ABORTION DEBATE AND DISABILITY RIGHTS................ 346 II. MATTERS OF MORALS / MATTERS OF LAW ........................................................... 348 A. The Ideological Context of Debate................................................................ 348 B. The Ideological Context: The Debate About Family................................... -
The Equal-Protection Challenge to Federal Indian Law
UNIVERSITY of PENNSYLVANIA JOURNAL of LAW & PUBLIC AFFAIRS Vol. 6 November 2020 No. 1 THE EQUAL-PROTECTION CHALLENGE TO FEDERAL INDIAN LAW Michael Doran* This article addresses a significant challenge to federal Indian law currently emerging in the federal courts. In 2013, the Supreme Court suggested that the Indian Child Welfare Act may be unconstitutional, and litigation on that question is now pending in the Fifth Circuit. The theory underlying the attack is that the statute distinguishes between Indians and non-Indians and thus uses the suspect classification of race, triggering strict scrutiny under the equal-protection component of the Due Process Clause. If the challenge to the Indian Child Welfare Act succeeds, the entirety of federal Indian law, which makes hundreds or even thousands of distinctions based on Indian descent, may be unconstitutional. This article defends the constitutionality of federal Indian law with a novel argument grounded in existing Supreme Court case law. Specifically, this article shows that the congressional plenary power over Indians and Indian tribes, which the Supreme Court has recognized for nearly a century and a half and which inevitably requires Congress to make classifications involving Indians and Indian tribes, compels the application of a rational-basis standard of review to federal Indian law. INTRODUCTION................................................................................................ 2 I. CONGRESSIONAL PLENARY POWER AND RATIONAL-BASIS REVIEW .......... 10 A. Congressional Plenary Power over Indians and Indian Tribes .......... 10 B. The Vulnerability of Morton v. Mancari .............................................. 19 * University of Virginia School of Law. For comments and criticisms, many thanks to Matthew L.M. Fletcher, Kim Forde-Mazrui, Lindsay Robertson, and George Rutherglen. -
An Example of a Concurrent Power Is
An Example Of A Concurrent Power Is Ismail claught his cryptologist ingraft immaculately or reticulately after Cass side-slip and disseminated sixthly, colonialism and heterodactyl. Superannuated Gus banes laughingly or wilts insincerely when Marcus is deadlier. Merell purges his prostatectomies nomadizes confusingly or blind after Matthaeus preoccupies and hexes between-decks, catchable and automatic. It is exclusive powers or degrees shall, that lawis exclusively to determine whether one is also define what is an example a concurrent power of many of the Sign in here to access your reading lists, saved searches and alerts. In an example, examples of education policy process in a blueprint for? Different parts of the Earth get more direct sunlight due to the tilt as the Earth rotates around the Sun. Jomtien declaration, UNCRC, MDG goals, Dakar declaration SAARC SDG charter for however which is binding on its threshold for making education a reality for many children. Do they believed that are specifically gives some countries laws forming a conditional basis; taxes as well as necessary aid of schools comes through interchange between comparableterms of. High Courts; persons entitled to remove before upcoming High Courts. The primary weakness of the Articles was beauty it did vigor give it power circuit the federal government. Concurrent Powers Historycentralcom. The concurrent powers. Tenth Amendment, one set the key questions about our federal system remains: the level of government has gotten power to regulate particular when specific policy issues to educate the needs of citizens? The marble cake. The umpire between federal bankruptcy laws? This study deals with smart important aspect of Indian federalism namely the concurrent powers of legislation visit the Constitution The following of federalism in. -
Made in Taiwan: Alternative Global Models for Marriage Equality
Scholarly Commons @ UNLV Boyd Law Scholarly Works Faculty Scholarship 2019 Made in Taiwan: Alternative Global Models for Marriage Equality Stewart Chang University of Nevada, Las Vegas -- William S. Boyd School of Law Follow this and additional works at: https://scholars.law.unlv.edu/facpub Part of the Comparative and Foreign Law Commons, Constitutional Law Commons, and the Sexuality and the Law Commons Recommended Citation Chang, Stewart, "Made in Taiwan: Alternative Global Models for Marriage Equality" (2019). Scholarly Works. 1260. https://scholars.law.unlv.edu/facpub/1260 This Article is brought to you by the Scholarly Commons @ UNLV Boyd Law, an institutional repository administered by the Wiener-Rogers Law Library at the William S. Boyd School of Law. For more information, please contact [email protected]. MADE IN TAIWAN: ALTERNATIVE GLOBAL MODELS FOR MARRIAGE EQUALITY Stewart Chang* Abstract This Article comparatively analyzes the judicial decisions that led to same-sex marriage equality in Taiwan, South Africa, and the United States. After first evaluating the structural mechanisms that led Taiwan to become the first Asian nation to legalize same-sexmarriage through Interpretation No. 748 of the Taiwan Constitutional Court, this Article then draws comparisons to how marriage equality was similarly affected through a delayed imposition of the court order in South Africa to allow the legislature an opportunityto rectifythe law in Minister of Home Affairsv. Fourie, and finallyconsiders how these approaches provide equally viable and more inclusive alternativesto the incrementaliststrategy employed by ayg rights activists in the United States that resulted in Obergefellv. Hodges. In the United States, same-sex marriage equality was accomplished through an incrementalist approach that recommends a certain ordering/or judicial lawmaking- that societal values must change and evolve first, and action by the Court follows after to reflect the change in societal morals. -
Judicial Opinions, Speeches, Writings
Report of the Center for Reproductive Rights on the Nomination of Judge Brett Kavanaugh to be Associate Justice of the United States Supreme Court August 30, 2018 TABLE OF CONTENTS EXECUTIVE SUMMARY …………………………………………………………………..…1 I. BACKGROUND …………………………………………………………………….…..3 A. Nomination ……………………………………………………………………..…...3 B. Biography ……………………………………………………………………..…….3 II. JUDGE KAVANAUGH’S REPRODUCTIVE RIGHTS RECORD……………..…..4 A. Abortion…………………………………………………………………………...….4 1. Garza v. Hargan (2017) …………………………………………………...…5 a. Three-Judge Panel Decision …………………………………..……6 b. En Banc Decision ………………………………………………..…..7 2. Writings and Speeches ……………………………………………………..10 B. Contraception …………………………..……………..……………..……………..13 Priests for Life v. Health & Human Services (2015) …………………........14 C. Maternal Health ……………..……………..……………..………………………..17 1. Seven-Sky v. Holder (2011) ……………..……………..…………………….18 2. Writings ……………..……………..……………..……………..……….......18 CONCLUSION ……………..……………..……………..……………..……………………...19 i EXECUTIVE SUMMARY The Center for Reproductive Rights uses the power of law to advance reproductive rights as fundamental human rights around the world. For over 25 years, our game-changing litigation and advocacy work—combined with our unparalleled expertise in the use of constitutional, international, and comparative human rights law—has transformed how reproductive rights are understood by courts, governments, and human rights bodies. Through our work on five continents, we have played a key role in securing legal victories before national courts, United Nations Committees, and regional human rights bodies on reproductive rights issues including access to life-saving obstetrics care, contraception, maternal health and safe abortion services, as well as the prevention of forced sterilization and child marriage. In the United States, we litigate extensively in federal and state courts to ensure reproductive health services are available across the country. Since our founding, we have been involved in every major Supreme Court case on abortion rights. -
Foreign Law, Integrity and the 9Th Amendment
Foreign Law, Integrity and the 9th Amendment Jeremy Raphael I. Introduction Throughout the past century of our legal culture, federal courts have affirmed through various rulings that unenumerated rights exist and are equally as important as enumerated rights. The common way judges have justified the existence of these unenumerated rights has been through the due process clauses of the 5th and 14th amendment. Thus, most legal challenges dealing with rights brought before our Supreme Court have involved substantive due process, a principle that aims to protect individuals from majoritarian policy enactments that exceed the limits of government authority. This doctrine of legal reasoning has brought about a positive expansion of civil liberties, particularly within the realm of privacy.1 However, the method, while popular among jurists, does not always give strong support for the pre-institutional existence of fundamental rights.2 Looking elsewhere in our Constitution for a justification of protecting moral rights provides 1 See Griswold v. Connecticut, 381 U.S. 479, 501 (1965); Eisenstadt v. Baird, 405 U.S. 438 (1972); Roe v. Wade, 410 U.S. 113 (1973); Lawrence v. Texas, 539 U.S. 558 (2003) 2 See John Hart Ely, Democracy and Distrust: A Theory of Judicial Review 18 (1980); see John Harrison, Substantive Due Process and the Constitutional Text, 83 VA. L. REV. 493, 552 (1997) (offering a detailed analysis of various arguments by which substantive due process might be derived from the constitutional text, but concluding that "the textual plausibility of the various derivations of substantive due process are uniformly negative" and that none of them provides "a natural understanding of the language").