Search results for: "immutable characteristics" (69 results)
quoting then-Attorney General Eric Holder’s warning that “basing sentencing decisions on static factors and immutable characteristics . . . may
characteristics. As I argue in Part III, however, asylum law protects homosexuals on the basis of their immutable sexual orientation and thus precludes the
Court, to adopt a different under- standing of immutable characteristics.2 Many courts now ask “not whether a characteristic is strictly unchangeable
completely immutable characteristics such as race or national origin. Second, the fairness rationale does not distinguish weight discrimination
precisely the opposite view of biology: that the law properly intervenes only in response to biologically immutable characteristics. The fact is
effect of litigant immutable characteristics; as such, this study may be immune from some of the criticisms we articulate here but may be vulnerable to
sex based on immutable, dimorphic reproductive characteristics, the bans distinguished based on the nature of the prohibited intervention rather than
based on immutable, dimorphic reproductive characteristics, the bans distinguished based on the nature of the prohibited intervention rather than
between ancestry and race is an important pillar of the Court’s understanding of race as a matter of individual, immutable, biological characteristics
17. Posner mentions in passing other characteristics that might separate individuals into “ good” and “ bad” types for cooperative relationships, but