The Yale Law Journal

Results for 'immutable characteristics'

Jessica A. Clarke

The Yale Law Journal - Jessica A. Clarke Jessica A. Clarke Article Courts often hold that antidiscrimination law protects “immutablecharacteristics, like

Reproductive Rights

law protects “immutablecharacteristics, like sex and race. In a series of recent cases, gay rights advocates have persuaded courts to expand the

Forum: Evidence-Based Sentencing and the Taint of Dangerousness

immutable characteristics . . . may exacerbate unwarranted and unjust disparities that are already far too common in our criminal justice system and in

- Cui Macroed for PDF

sentencing decisions on static factors and immutable characteristics . . . may exacerbate unwarranted and unjust disparities that are already far too

- Hanna_post_PF2

characteristics. As I argue in Part III, however, asylum law protects homosexuals on the basis of their immutable sexual orientation and thus precludes the

Civil-Rights Law

hold that antidiscrimination law protects “immutablecharacteristics, like sex and race. In a series of recent cases, gay rights advocates have

Against Immutability

Court’s equal protection jurisprudence. Other scholarly treatments of this subject have examined immutable traits defined as those characteristics that

- a.2.Clarke.102

Court, to adopt a different under- standing of immutable characteristics.2 Many courts now ask “not whether a characteristic is strictly unchangeable

Article

of case law and sch… Article Courts often hold that antidiscrimination law protects “immutablecharacteristics, like sex and race. In a series of

- 1900.Wang.1945

completely immutable characteristics such as race or national origin. Second, the fairness rationale does not distinguish weight discrimination