Does the U.S. Constitution Need an Equal Rights Amendment?

@article{Baldez2006DoesTU,
  title={Does the U.S. Constitution Need an Equal Rights Amendment?},
  author={L. Baldez and L. Epstein and Andrew D. Martin},
  journal={The Journal of Legal Studies},
  year={2006},
  volume={35},
  pages={243 - 283}
}
For over 3 decades, those engaged in the battle over the Equal Rights Amendment (ERA), along with many scholarly commentators, have argued that ratification of the amendment will lead U.S. courts (1) to elevate the standard of law they now use to adjudicate claims of sex discrimination, which, in turn, could lead them (2) to find in favor of parties claiming a denial of their rights. We investigate both possibilities via an examination of constitutional sex discrimination litigation in the 50… Expand
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References

SHOWING 1-10 OF 150 REFERENCES
Does an Equal Rights Amendment Make a Difference
Because the proposed Equal Rights Amendment (ERA) to the U.S. Constitution was never ratified, one cannot know with certainty what its impact would have been. At the state level, however, theExpand
Constitutionalizing Women's Equality
The U.S. Constitution is the only major written constitution that includes a bill of rights but lacks a provision explicitly declaring the equality of the sexes. Since 1946 the French ConstitutionExpand
Nguyen v. INS and the Application of Intermediate Scrutiny to Gender Classifications: Theory, Practice, and Reality
The Supreme Court has articulated three theoretically different standards of review for determining whether government action has denied any person equal protection of the laws: rational basis,Expand
Decision Making on the U.S. Courts of Appeals
Constitutional Law for a Changing America: Rights, Liberties, and Justice
Chronological Table of Cases Tables, Figures, and Boxes Preface I. THE SUPREME COURT AND THE CONSTITUTION 1. Understanding the U.S. Supreme Court 2. The Judiciary: Institutional Powers andExpand
ON THE NATURE OF SUPREME COURT DECISION MAKING
How does the U.S. Supreme Court reach decisions? Since the 1940s, scholars have focused on two distinct explanations. The legal model suggests that the rule of law (stare decisis) is the keyExpand
Constituent Influence in State Supreme Courts: Conceptual Notes and a Case Study
  • M. Hall
  • Political Science
  • The Journal of Politics
  • 1987
This study examines the low rate of dissent in state supreme courts and argues that this trend might be accounted for, in part, by certain institutional arrangements. Specifically, in state supremeExpand
The Norm of Stare Decisis
Theory: Precedent might affect Supreme Court decision making in a number of ways. One conception, the conventional view scrutinized by Segal and Spaeth, sees precedent as the primary reason whyExpand
Gay Rights and American Law
Gay Rights and American Law is a qualitative and quantitative study of all reported American appellate-court decisions dealing with lesbian-and-gay-rights claims during the last two decades of theExpand
Environmental Regulation, Ideology, and the D. C. Circuit
Richard L. Revesz* S INCE the early 1970s, the United States Court of Appeals for the District of Columbia Circuit has played a central role in the development of environmental law. This role isExpand
...
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4
5
...