Standard of Review

Shelby County v Holder: Disconcerting Aspects of the US Supreme Court’s Decision and its Impact on the Right to Vote

Shelby County v Holder: Disconcerting Aspects of the US Supreme Court’s Decision and its Impact on the Right to Vote

On the second day of what many consider one of the most eventful weeks in US Supreme Court history, the Court issued its decision on the Voting Rights Act (VRA)...
The Questions Raised by Striking Down DOMA

The Questions Raised by Striking Down DOMA

In light of the release of Windsor v the United States, Karl Laird analyzes the US Supreme Court’s reasoning, noting the Court still avoids the hard questions. It took Justice...
Why Fisher v University of Texas is Irrelevant outside the US

Why Fisher v University of Texas is Irrelevant outside the US

The US Supreme Court’s decision in Fisher v University of Texas, released on Monday, has received much international attention. As Claire Overman and Reva Siegel explain in their recent posts,...
A Restriction of the Status Quo: Fisher v University of Texas

A Restriction of the Status Quo: Fisher v University of Texas

Many expected a major ruling on the constitutionality of affirmative action from the United States Supreme Court in Fisher v. University of Texas. But the Court substantially upheld prior precedent...
Fisher v University of Texas: A Glimmer of Hope for Affirmative Action in the United States?

Fisher v University of Texas: A Glimmer of Hope for Affirmative Action in the United States?

The US Supreme Court has today handed down judgment in the eagerly anticipated case of Fisher v University of Texas. It concerns the compatibility of the university’s admissions programme with...
Proportionality analysis after Eweida and Others v. UK: Examining the Connections between Articles 9 and 10 of the ECHR

Proportionality analysis after Eweida and Others v. UK: Examining the Connections between Articles 9 and 10 of the ECHR

Until recently, questions regarding the theory and practice of the proportionality analysis in relation to the application of Article 9 of the ECHR to individuals were largely redundant. The European...
Could the outcome in Windsor v US be a hollow victory?

Could the outcome in Windsor v US be a hollow victory?

Yesterday, the United States Supreme Court heard argument in Windsor v United States. We have been closely following this case on the OxHRH Blog. Today’s post will analyze the transcript...
Eweida and Others v United Kingdom: the Use and Abuse of the Margin of Appreciation

Eweida and Others v United Kingdom: the Use and Abuse of the Margin of Appreciation

Julie Maher’s post on the judgment handed down by the ECtHR in Eweida and Others v United Kingdom outlines the reasons which the Court gave for deciding that, while disciplinary...
US Supreme Court grants certiorari in Windsor v United States – what comes next?

US Supreme Court grants certiorari in Windsor v United States – what comes next?

Following on from his previous post considering the recent US Second Circuit Court of Appeal decision to widen the category of ‘suspect class’ to include the protection of same-sex rights,...
US Decision Widens Suspect Class to Afford Protection to Same-Sex Couples

US Decision Widens Suspect Class to Afford Protection to Same-Sex Couples

By Karl Laird In an important judgment, Windsor v United States the Court of Appeals for the Second Circuit considered whether section 3 of the Defence of Marriage Act 1996...
Fisher v University of Texas: What the Judges Asked

Fisher v University of Texas: What the Judges Asked

The third installment in our affirmative action series looks at the oral arguments presented and questions asked by the bench in Fisher v University of Texas. In this post Claire...
Fisher v University of Texas: What the Parties Submitted

Fisher v University of Texas: What the Parties Submitted

The second and third posts in our affirmative action series will take a closer look at the submissions and oral arguments presented to the US Supreme Court in the landmark...

Become A Contributor To The Blog