Mark Strasser

Capital University - Law School

Professor of Law

303 E. Broad St.

Columbus, OH 43215-3200

United States

SCHOLARLY PAPERS

147

DOWNLOADS

248

TOTAL CITATIONS

1

Scholarly Papers (147)

1.

Beyond the Binary: What Can Feminists Learn from Intersex and Transgender Jurisprudence?

Michigan Journal of Gender & Law, Vol. 17, p. 13, 2010, Thomas Jefferson School of Law Research Paper No. 1651285
Number of pages: 25 Posted: 21 Aug 2010
Julie A. Greenberg, Marybeth Herald and Mark Strasser
Thomas Jefferson School of Law, Thomas Jefferson School of Law ( (deceased) and Capital University - Law School
Downloads 248 (250,522)
Citation 1

Abstract:

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sex, gender, transgender, intersex, discrimination, human rights, marriage, civil rights, international law

2.

Custody, Visitation, and Parental Rights under Scrutiny

30 Cornell Journal of Law and Public Policy 289-327 (2018)
Posted: 11 Nov 2019
Mark Strasser
Capital University - Law School

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parental rights, biology plus, Troxel, harm, grandparent visitation

3.

Free Exercise and Comer: Robust Entrenchment or Simply More of a Muddle?

52 University of Richmond Law Review 887-922 (2018)
Posted: 22 Oct 2019
Mark Strasser
Capital University - Law School

Abstract:

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free exercise, Blaine, Everson, animus, Locke

4.

What’s FAIR for Conscientious Objectors Subject to Public Accommodations Laws

48 New Mexico Law Review 124-44 (2018)
Posted: 30 Sep 2019
Mark Strasser
Capital University - Law School

Abstract:

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first amendment, same-sex unions, forced speech, vendors

5.

Pickering, Garcetti, and Academic Freedom

83 Brooklyn Law Review 579-612 (2018)
Posted: 20 Sep 2019
Mark Strasser
Capital University - Law School

Abstract:

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First Amendment, Garcetti, Pickering, speech, academic freedom, university, primary and secondary schools

6.

Student Dismissals From Professional Programs and the Constitution

68 Case Western Reserve Law Review 95-157 (2017)
Posted: 10 Dec 2018
Mark Strasser
Capital University - Law School

Abstract:

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professional programs, academic, deference, university, first amendment, conduct

7.

Obergefell, Retroactivity, and Common Law Marriage

9 Northeastern University Law Review 379-424 (2017)
Posted: 02 Dec 2018
Mark Strasser
Capital University - Law School

Abstract:

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Obergefell, Common Law Marriage, Retroactivity, Burdens, Benefits

8.

Neutrality, Accommodation, and Conscience Clause Legislation

8 Alabama Civil Rights & Civil Liberties Law Review 197-238 (2017)
Posted: 26 Nov 2018
Mark Strasser
Capital University - Law School

Abstract:

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conscience, establishment, equal protection, same-sex marriage

9.

Affirmative Action Invidiousness

20 Richmond Public Interest Law Review 1-23 (2017)
Posted: 13 Nov 2018
Mark Strasser
Capital University - Law School

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affirmative action, schuette, race, express discrimination, strict scrutiny

10.

What's Next in Affirmative Action Jurisprudence: Fisher as Temporizing Rather than Reflecting a New-Found Consensus

20 Journal of Gender, Race and Justice 157-85 (2017)
Posted: 08 Nov 2018
Mark Strasser
Capital University - Law School

Abstract:

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affirmative action, strict scrutiny, Fisher, messaging

11.

Rust in the First Amendment Scaffolding

19 University of Pennsylvania Journal of Constitutional Law 861-87 (2017)
Posted: 31 Oct 2018
Mark Strasser
Capital University - Law School

Abstract:

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abortion, first amendment, government speech, spending, rust

12.

The Updating of Baby M: A Confused Jurisprudence Becomes More Confusing

78 University of Pittsburgh Law Review 181-215 (2016)
Posted: 06 Dec 2017
Mark Strasser
Capital University - Law School

Abstract:

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Surrogacy, Genetic, Traditional, Gestational, Visitation, Custody

13.

Obergefell's Legacy

24 Duke Journal of Gender Law & Policy 61-88 (2016)
Posted: 21 Nov 2017
Mark Strasser
Capital University - Law School

Abstract:

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due process, equal protection, fundamental interest, dignity, equality, liberty, Glucksberg

14.

Tinker Remorse: On Threats, Boobies, Bullying, and Parodies

15 First Amendment Law Review 1-42 (2016)
Posted: 08 Nov 2017
Mark Strasser
Capital University - Law School

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Political Commentary, Threats, Vulgarity, Disruption, Parody

15.

Marriage, Divorce, and Domicile

85 University of Missouri-Kansas City Law Review 145-86 (2016)
Posted: 10 Oct 2017
Mark Strasser
Capital University - Law School

Abstract:

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marriage, divorce, domicile, interstate recognition, full faith and credit, Restatements of the Conflicts of Laws

16.

Obergefell, Dignity, and the Family

19 Journal of Gender, Race and Justice 317-49 (2016)
Posted: 06 Oct 2017
Mark Strasser
Capital University - Law School

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Marriage, Fundamental Right, Substantive Due Process, Equal Protection, Dignity, Polygamy

17.

Government Speech and Circumvention of the First Amendment

44 Hastings Constitutional Law Quarterly 37-60 (2016)
Posted: 28 Sep 2017
Mark Strasser
Capital University - Law School

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Government Speech, Neutrality, Attribution, Control, Public Meaning

18.

Presuming Parentage

25 Texas Journal of Women and the Law 57-91 (2015)
Posted: 11 Sep 2017
Mark Strasser
Capital University - Law School

Abstract:

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presumption parentage, ART, same-sex marriage, parenthood

19.

Hobby Lobby, RFRA, and Family Burdens

25 Boston University Public Interest Law Journal 239-64 (2016)
Posted: 26 Oct 2016
Mark Strasser
Capital University - Law School

Abstract:

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Free Exercise, RFRA, Conscience, Burdens, Corporations, For-Profit, Exemption

20.

Incitement, Threats, and Constitutional Guarantees: First Amendment Protections Pre- and Post-Elonis

14 University of New Hampshire Law Review 163-96 (2016)
Posted: 20 Oct 2016
Mark Strasser
Capital University - Law School

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incitement, true threats, means rea, subjective intent, fault, interpretation, negligence

21.

Narrow Tailoring, Compelling Interests, and Free Exercise: On ACA, RFRA, and Predictability

53 University of Louisville Law Review 467-508 (2016)
Posted: 15 Oct 2016
Mark Strasser
Capital University - Law School

Abstract:

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free exercise, substantial burden ACA, RFRA, RLUIPA, Hobby Lobby

22.

Free Exercise and Substantial Burdens Under Federal Law

94 Nebraska Law Review 633-84 (2016)
Posted: 08 Oct 2016
Mark Strasser
Capital University - Law School

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free exercise, substantial burden, RFRA, RLUIPA, neutral, generally applicable

The Right to Marry and State Marriage Amendments: Implications for Future Families

45 Stetson Law Review 309-37 (2016)
Posted: 28 Sep 2016
Mark Strasser
Capital University - Law School

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Obergefell, Marriages Amendments, Rights, Incidents, Effects, Custody, Cohabitation

The Right to Marry and State Marriage Amendments: Implications for Future Families

45 Stetson Law Review 309-37 (2016)
Posted: 20 Sep 2017
Mark Strasser
Capital University - Law School

Abstract:

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nonmarital couples, incidents, benefits, marriage, status

24.

Free Exercise and the Definition of Religion: Confusion in the Federal Courts

53 Houston Law Review 909-37 (2016)
Posted: 22 Sep 2016
Mark Strasser
Capital University - Law School

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free exercise, definition, religion, philosophy, sincerity, Malnak

25.

Naming the States Where Loving Will Be Recognized: On Tea Leaves, Horizontal Federalism, and Same-Sex Marriage

22 William and Mary Journal of Women and the Law 1-30 (2015)
Posted: 14 Sep 2016
Mark Strasser
Capital University - Law School

Abstract:

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marriage, interstate recognition, federalism, right to marry, domicile, state of celebration

26.

Schuette, Facial Neutrality, and the Constitution

4 Tennessee Journal of Race, Gender, & Social Justice 127-55 (2015)
Posted: 09 Sep 2016
Mark Strasser
Capital University - Law School

Abstract:

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equal protection, race, referendum, strict scrutiny, deference

27.

Definitions, Religion and Free Exercise Guarantees

51 Tulsa Law Review 1-38 (2015)
Posted: 30 Nov 2015
Mark Strasser
Capital University - Law School

Abstract:

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religious beliefs, strength, content, role in life, sincerity

28.

Schuette, Electoral Process Guarantees and the New Neutrality

94 Nebraska Law Review 60-100 (2015)
Posted: 24 Nov 2015
Mark Strasser
Capital University - Law School

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electoral process guarantees, equal protection, race, neutrality

29.

Old Wine, Old Bottles, and Not Very New Corks: On State RFRAs and Free Exercise Jurisprudence

34 St. Louis University Public Law Review 335-66 (2015)
Posted: 20 Nov 2015
Mark Strasser
Capital University - Law School

Abstract:

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RFRA, free exercise, substantial burden, sincere religious belief

30.

Traditional Surrogacy Contracts, Partial Enforcement, and the Challenge for Family Law

Journal of Health Care Law & Policy, Vol. 18, pp. 85-113, 2015
Posted: 09 Nov 2015
Mark Strasser
Capital University - Law School

Abstract:

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surrogacy, traditional, genetic. gestational, contracts, enforcement, parental rights

31.

The Protection of Conscience: On ACA, RFRA and Free Exercise Guarantees

82 Tennessee Law Review 345-404 (2015)
Posted: 02 Nov 2015
Mark Strasser
Capital University - Law School

Abstract:

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ACA, RFRA, free exercise, conscience

32.

Marriage, the Constitution, and the Future of Family Law

21 Washington and Lee Journal of Civil Rights and Social Justice 303-30 (2015)
Posted: 26 Oct 2015
Mark Strasser
Capital University - Law School

Abstract:

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same-sex marriage, cohabitation, marital rights and responsibilities, parenting

33.

United States v. Windsor and Interstate Marriage Recognition

60 South Dakota Law Review 409-23 (2015)
Posted: 19 Oct 2015
Mark Strasser
Capital University - Law School

Abstract:

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interstate marriage recognition, DOMA, full faith and credit, animus

34.

Windsor and its Progeny

13 Ave Maria Law Review 181-206 (2015)
Posted: 13 Oct 2015
Mark Strasser
Capital University - Law School

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Windsor, equal protection, due process, same-sex marriage

35.

International Covenant as Bond: On Federalism and Congress's Ability to Promote National Interests Via the Treaty Power

84 Mississippi Law Journal 309-49 (2015)
Posted: 09 Oct 2015
Mark Strasser
Capital University - Law School

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Bond, Holland, birds, chemical weapons, treaty power, federalism

36.

The New Frontier? IVF's Challenges for State Courts and Legislatures

17 SMU Science and Technology Law Review 125-59 (2014)
Posted: 02 Oct 2015
Mark Strasser
Capital University - Law School

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frozen embryos, contracts, consent, contemporaneous agreement, balancing, procreational rights

37.

What's Next after Windsor?

6 Elon Law Review 387-410 (2014)
Posted: 11 Nov 2014
Mark Strasser
Capital University - Law School

Abstract:

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due process, equal protection, federalism, family, children, dignity, animus

38.

Speech, Association, Conscience, and the First Amendment's Orientation

91 Denver University Law Review 495-531 (2014)
Posted: 05 Nov 2014
Mark Strasser
Capital University - Law School

Abstract:

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conscience, first amendment, association, compelled speech, commercial, symbolic conduct, religion

39.

When a Baker Summary Dismissal Becomes Stale: On Same-Sex Marriage Bans and Federal Constitutional Guarantees

17 The Journal of Gender, Race and Justice 137-62 (2014)
Posted: 28 Oct 2014
Mark Strasser
Capital University - Law School

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due procees, equal protection, same sex marriage, summary affirmance, summary dismissal

40.

Hosanna-Tabor, the Ministerial Exception, and Judicial Competence

6 Elon Law Review 151-71 (2014)
Posted: 21 Oct 2014
Mark Strasser
Capital University - Law School

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ministerial exception, church, employee, jurisdiction, free exercise

41.

Tenure, Financial Exigency, and the Future of American Law Schools

59 Wayne Law Review 269-309 (2013)
Posted: 15 Oct 2014
Mark Strasser
Capital University - Law School

Abstract:

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tenure, financial exigency, contract, due process

42.

A Constitutional Balancing in Need of Adjustment: On Defamation, Breaches of Confidentiality, and the Church

12 First Amendment Law Review 325-84 (2013)
Posted: 07 Oct 2014
Mark Strasser
Capital University - Law School

Abstract:

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defamation, publication private facts, religious authorities, free exercise

43.

Capato, Art, and the Provision of Benefits to After-Born Children

2013 Michigan State Law Review 985-1001 (2013)
Posted: 01 Oct 2014
Mark Strasser
Capital University - Law School

Abstract:

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ART, after-born, intestacy, congressional intent, social security

44.

Conscience Clauses and the Placement of Children

2013 Utah Law Review 985-1001 (2013)
Posted: 17 Sep 2014
Mark Strasser
Capital University - Law School

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lgbt, adoption, conscience clause, best interests, religious

45.

Federal Courts, Misdirection, and the Future of Same-Sex Marriage Litigation

23 Kansas Journal of Law and Public Policy 73-103 (2013)
Posted: 03 Sep 2014
Mark Strasser
Capital University - Law School

Abstract:

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due process, equal protection, marriage, interstate marriage recognition

46.

Windsor, Federalism, and the Future of Marriage Litigation

37 Harvard Journal of Law and Gender Online 1-30 (2013)
Posted: 23 Nov 2013
Mark Strasser
Capital University - Law School

Abstract:

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domicile, full faith and credit, animus, equal protection, due process, federalism

47.

On Doma, Proposition 8, and the Implications of Their Potential Unconstitutionality for Equal Protection and Substantive Due Process Jurisprudence

60 UCLA L. Rev. Disc. 128-141 (2013)
Posted: 23 Nov 2013
Mark Strasser
Capital University - Law School

Abstract:

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equal protection, substantive due process, Windsor, Perry, levels of scrutiny

48.

What's It to You: The First Amendment and Matters of Public Concern

77 Missouri Law Review 1083-1119 (2012)
Posted: 23 Nov 2013
Mark Strasser
Capital University - Law School

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defamation, public concern, private interest, actual malice

49.

Innocents Beware: On Religion Clause Jurisprudence and the Negligent Retention or Hiring of Clergy

22 William and Mary Bill of Rights Journal 177-210 (2013)
Posted: 23 Nov 2013
Mark Strasser
Capital University - Law School

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clergy, liability, first amendment, Hosanna-Tabor, children, vulnerable adults

50.

The Next Battleground? Personhood, Privacy, and Assisted Reproductive Technologies

65 Oklahoma Law Review 177-223 (2013)
Posted: 17 Oct 2013
Mark Strasser
Capital University - Law School

Abstract:

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abortion, contraception, personhood, ART, embryos

51.

The Onslaught on Academic Freedom

81 UMKC Law Review 657-83 (2013)
Posted: 17 Oct 2013
Mark Strasser
Capital University - Law School

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academic freedom, constitution, Garcetti, classroom, private citizen

52.

Congress, Federal Courts, and Domestic Relations Exceptionalism

12 Connecticut Public Interest Law Journal 193-230 (2012)
Posted: 17 Oct 2013
Mark Strasser
Capital University - Law School

Abstract:

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federalism, family law, domestic relations, federal courts, jurisdiction

53.

DOMA, the Constitution, and the Promotion of Good Public Policy

5 Albany Government Law Review 613-33 (2012)
Posted: 17 Oct 2013
Mark Strasser
Capital University - Law School

Abstract:

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DOMA, federal definition, marriage, full faith and credit, public policy, interstate recognition

54.

A Family Affair? Domestic Relations and Involuntary Public Figure Status

17 Lewis and Clark Law Review 69-112 (2013)
Posted: 16 Oct 2013
Mark Strasser
Capital University - Law School

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defamation, public figure, involuntary, family

55.

Whistleblowing, Public Employees, and the First Amendment

60 Cleveland State Law Review 975-97 (2013)
Posted: 16 Oct 2013
Mark Strasser
Capital University - Law School

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speech, first amendment, public employee, duty, workplace efficiency

56.

Marriage, Cohabitation and the Welfare of Children

3 Alabama Civil Rights and Civil Liberties Law Review 101-21 (2013)
Posted: 16 Oct 2013
Mark Strasser
Capital University - Law School

Abstract:

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marriage, benefits, children, wealth, stability, investment

57.

Let Me Count the Ways: The Unconstitutionality of Same-Sex Marriage Bans

27 BYU Journal of Public Law 301-20 (2012)
Posted: 16 Oct 2013
Mark Strasser
Capital University - Law School

Abstract:

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same-sex marriage, DOMA, full faith and credit, equal protection, due process, privileges and immunities

58.

Leaving the Dale to Be More FAIR: On CLS v. Martinez and First Amendment Jurisprudence

11 First Amendment Law Review 235-89 (2012)
Posted: 10 Feb 2013
Mark Strasser
Capital University - Law School

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limited purpose public forum, association, university, viewpoint discrimination

59.

The Endorsement Test Is Alive and Well: A Cause for Celebraion and Sorrow

39 Pepperdine Law Review 1273-1315 (2013)
Posted: 10 Feb 2013
Mark Strasser
Capital University - Law School

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endorsement, establishment clause, second-class citizen, reasonable observer

60.

Making the Anomalous Even More Anomalous: On Hosanna-Tabor, the Ministerial Exception, and the Constitution

Virginia Journal of Social Policy and the Law, Vol. 109, pp. 400-49, 2012
Posted: 30 Oct 2012
Mark Strasser
Capital University - Law School

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ministerial exception, neutral laws, Establishment Clause, Free Exercise Clause, clergy

61.

Mill, Holmes, Brandeis, and a True Threat to Brandenburg

26 Brigham Young University Journal of Public Law 37-72 (2011)
Posted: 05 May 2012
Mark Strasser
Capital University - Law School

Abstract:

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true threats, Brandenburg, On Liberty, advocacy

62.

DOMA's Bankruptcy

Tennessee Law Review, Vol. 79, pp. 1-28, 2011
Posted: 04 Apr 2012
Mark Strasser
Capital University - Law School

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DOMA, bankruptcy, full faith and credit, federalism, equal protection, major damage, federal interests

63.

Ignore the Man Behind the Curtain: On the Government Speech Doctrine and What it Licenses

Boston University Public Interest Law Journal, Vol. 21, pp. 85-127, 2011
Posted: 16 Mar 2012
Mark Strasser
Capital University - Law School

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government speech, monuments, license plates, advertizing

64.

Funeral Protests, Privacy, and the Constitution: What is Next after Phelps?

American University Law Review, Vol. 61, pp. 279-326, 2011
Posted: 21 Feb 2012
Mark Strasser
Capital University - Law School

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defamation, public concern, intentional infliction, privacy, captive audience

65.

Parents, Religious Convictions, and Public School Curricula

Brigham Young University Education and Law Journal, pp. 547-569, 2011
Posted: 01 Sep 2011
Mark Strasser
Capital University - Law School

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LGBT families, religious convictions, public school curricula

66.

Equal Protection, Same-Sex Marriage, and Classifying on the Basis of Sex

Pepperdine Law Review, Vol. 38, pp. 1021-1052, 2011
Posted: 27 Jun 2011
Mark Strasser
Capital University - Law School

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same-sex marriage, orientation-based discrimination, sex-based discrimination, gender-based discrimination, heightened scrutiny, suspect class, equal application, express

67.

Same-Sex Marriage and the Right to Privacy

Journal of Law & Family Studies, Vol. 13, pp. 117-150, 2011
Posted: 27 Jun 2011
Mark Strasser
Capital University - Law School

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right to privacy, procreation, family, childrearing, sexual activity

68.

Public Policy, Same-Sex Marriage, and Exemptions for Matters of Conscience

Florida Coastal Law Review, Vol. 12, pp. 135-161, 2010
Posted: 27 Jun 2011
Mark Strasser
Capital University - Law School

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religious exemption, marriage, balkanization, second-class citizenship

69.

What if DOMA Were Repealed? The Confused and Confusing Interstate Marriage Recognition Jurisprudence

California Western International Law Journal, Vol. 41, pp. 249-274, 2010
Posted: 27 Jun 2011
Mark Strasser
Capital University - Law School

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interstate marriage recognition, DOMA, federal benefits, divorce, marriage

70.

Tribal Marriages, Same-Sex Unions, and an Interstate Recognition Conundrum

Boston College Third World Law Journal, Vol. 30, pp. 207-37, 2010
Posted: 09 Jan 2011
Mark Strasser
Capital University - Law School

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interstate recognition, polygamous unions, federal law, domicile, public policy

71.

DOMA and the Constitution

Drake Law Review, Vol. 58, pp. 1011-1035, 2010
Posted: 09 Jan 2011
Mark Strasser
Capital University - Law School

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federalism, domicile, choice of law, supremacy, full faith and credit

72.

Defining Sex: On Marriage, Family, and Good Public Policy

Michigan Journal of Gender & Law, Vol. 17, pp. 57-82, 2010
Posted: 09 Jan 2011
Mark Strasser
Capital University - Law School

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marriage, interstate recognition, birth certificates, surgery, self-identification

73.

Advocacy, True Threats, and the Constitution

Hastings Constitutional Law Quarterly, Vol. 38, pp. 339-86, 2011
Posted: 09 Jan 2011
Mark Strasser
Capital University - Law School

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Brandenburg, true threats, advocacy, security, cross-burning, intent

74.

Life after DOMA

Duke Journal of Gender Law & Policy, Vol. 17, No. 2, pp. 399-424, May 2010
Posted: 08 Jan 2011
Mark Strasser
Capital University - Law School

Abstract:

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Full Faith and Credit, Choice of Law, Federal Benefits, Public Policy

75.

Passive Observers, Passive Displays, and the Establishment Clause

Lewis & Clark Law Review, Vol. 14, No. 3, pp. 1123-1157, 2010
Posted: 08 Jan 2011
Mark Strasser
Capital University - Law School

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Establishment Clause, Passive, Display, Observer, Coercion, Neutrality

76.

Adoption, Best Interests, and the Arkansas Constitution

Arkansas Law Review, Vol. 63, No. 1, pp. 3-29, February 2010
Posted: 08 Jan 2011
Mark Strasser
Capital University - Law School

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Foster Parent, Adoption, Best Intersts of the Chld, Animus

77.

On Disguises, Tokens, and Affirmative Action Policies

Indiana Law Journal, Vol. 85, pp. 1293-1301, 2010
Posted: 08 Jan 2011
Mark Strasser
Capital University - Law School

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affirmative action, stigma, critical mass

78.

On Same-Sex Marriage and Matters of Conscience

William & Mary Journal of Women and the Law, Vol. 17, pp. 1-36, 2010
Posted: 08 Jan 2011
Mark Strasser
Capital University - Law School

Abstract:

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conscience, exemption, healthcare, LGBT, free exercise

79.

Interstate Marriage Recognition and the Right to Travel

Wisconsin Journal of Law, Gender & Society, Vol. 25, No. 1, pp. 1-34, Spring 2010
Posted: 06 Jan 2011
Mark Strasser
Capital University - Law School

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Marriage, Domicile, Right to Travel, Public Policy, State of Celebration, Interstate Recognition

80.

The Legal Landscape Post-Doma

Journal of Gender Race and Justice, Vol. 13, pp. 153-79, 2009
Posted: 05 Jan 2011
Mark Strasser
Capital University - Law School

Abstract:

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full faith and credit, federal benefits, marriage, divorce, choice of law

81.

You Take the Embryos But I Get the House (and the Business): Recent Trends in Awards Involving Embryos Upon Divorce

Buffalo Law Review, Vol. 57, pp. 1159-1225, 2009
Posted: 24 Sep 2009
Mark Strasser
Capital University - Law School

Abstract:

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embryos, divorce, agreement, contemporaneous consent, adoption, donation, destruction

82.

When Churches Divide: On Neutrality, Deference, and Unpredictability

Hamline Law Review, Vol. 32, pp. 427-75, 2009
Posted: 05 Aug 2009
Mark Strasser
Capital University - Law School

Abstract:

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denomination, deference, property, neutral principles, schism, congregational, trust

83.

A Little Older, a Little Wiser, and Still Committed

Rutgers Law Review, Vol. 61, pp. 507-27, 2009
Posted: 09 Jul 2009
Mark Strasser
Capital University - Law School

Abstract:

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marriage, parenting, benefits, equality, civil unions, LGBT, same-sex

84.

The Coercion Test: On Prayer, Offense, and Doctrinal Inculcation

Saint Louis University Law Journal, Vol. 53, pp. 417-83, 2009
Posted: 21 May 2009
Mark Strasser
Capital University - Law School

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coercion, Establishment Clause, offense, proselytizing, sectarian

85.

Repudiating Everson: On Buses, Books, and Teaching Articles of Faith

Mississippi Law Journal, Vol. 78, pp. 567-636, 2009
Posted: 24 Apr 2009
Mark Strasser
Capital University - Law School

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Establishment Clause, funding, primary/secondary schools, private choice

86.

The Protection and Alienation of Religious Minorities: On the Evolution of the Endorsement Test

Michigan State Law Review, pp. 667-724, 2008
Posted: 18 Mar 2009
Mark Strasser
Capital University - Law School

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endorsement, Lemon, purpose, effect, reasonable, Establishment Clause, hostile, informed

87.

Religion in the Schools: On Prayer, Neutrality and Sectarian Perspectives

Akron Law Review, Vol. 42, pp. 185-241, 2009
Posted: 09 Mar 2009
Mark Strasser
Capital University - Law School

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public schools, sectarian, prayer, content discrimination, viewpoint discrimination

88.

State Funding of Devotional Studies: A Failed Jurisprudence that Has Lost its Moorings

Journal of Law and Family Studies, Vol. 11, pp. 1-34, 2008
Posted: 09 Mar 2009
Mark Strasser
Capital University - Law School

Abstract:

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devotional studies, sectarian, secular, clergy, proselytize, ministerial studies

89.

Interstate Recognition of Adoptions: On Jurisdiction, Full Faith and Credit, and the Kinds of Challenges the Future May Bring

Boston University Law Review, pp. 1809-54, 2008
Posted: 04 Mar 2009
Mark Strasser
Capital University - Law School

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adoption, full faith and credit, custody, visitation, DOMA, PKPA, public policy

90.

Death by a Thousand Cuts: The Illusory Safeguards Against Funding Pervasively Sectarian Institutions of Higher Learning

Buffalo Law Review, Vol. 56, pp. 353-408, 2008
Posted: 18 Jun 2008
Mark Strasser
Capital University - Law School

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sectarian, colleges, universities, Tilton, Roemer, Hunt, public funding

91.

Deliberate Indifference, Professional Judgment, and the Constitution: On Liberty Interests in the Child Placement Context

Duke Journal of Gender Law & Policy, Vol. 15, pp. 223-246, 2008
Posted: 13 Jun 2008
Mark Strasser
Capital University - Law School

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OFFER, adoption. foster, liberty, section 1983, biological parents

92.

The Often Illusory Protections of Biology Plus: On the Supreme Court's Parental Rights Jurisprudence

Texas Journal on Civil Liberties and Civil Rights, Vol. 13, pp. 31-83, 2007
Posted: 29 Apr 2008
Mark Strasser
Capital University - Law School

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parental rights, biology plus, non-marital, Stanley, Caban, Lehr, Quilloin, Michael H

93.

Marriage, Free Exercise, and the Constitution

Law and Inequality: A Journal of Theory and Practice, Vol. 26, pp. 59-108, 2008
Posted: 10 Feb 2008
Mark Strasser
Capital University - Law School

Abstract:

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same-sex marriage, polygamy, free exercise, Reynolds

94.

Preaching, Fundraising, and the Constitution: On Proselytizing and the First Amendment

Denver University Law Review, Vol. 85, pp. 405-441, 2007
Posted: 10 Feb 2008
Mark Strasser
Capital University - Law School

Abstract:

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proselytize, fundraising, ISKCON, religious speech

95.

Loving Revisionism: On Restricting Marriage and Subverting the Constitution

Howard Law Journal, Vol. 51, pp. 75-115, 2007
Posted: 19 Jan 2008
Mark Strasser
Capital University - Law School

Abstract:

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loving, same-sex marriage, right to marry, equal protection

96.

Establishing the Pledge: On Coercion, Endorsement and the Marsh Wild Card

Indiana Law Review, Vol. 40, pp. 529-583, 2007
Posted: 30 Jul 2007
Mark Strasser
Capital University - Law School

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establishment clause, coercion , endorsement, lemon, marsh, pledge of alleigance

97.

Thou Shalt Not?

University of Maryland Law Journal of Race, Religion, Gender and Class, Vol. 6, pp. 439-90, 2006
Posted: 12 Jul 2007
Mark Strasser
Capital University - Law School

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10 Commandments, Establishment Clause, coercion, Lemon, Marsh, endorsement

98.

State Marriage Amendments and Overreaching: On Plain Meaning, Good Public Policy, and Constitutional Limitations

Law and Inequality: A Journal of Theory and Practice, Vol. 25, pp. 59-113, 2007
Posted: 28 Jan 2007
Mark Strasser
Capital University - Law School

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marriage, amendment, construction, incidents, equal protection, due process, parenting, domestic violence, ALI, Marvin

99.

Holmes on Law and Morality

Alberta Law Review, Vol. 44, pp. 377-402, 2006
Posted: 13 Dec 2006
Mark Strasser
Capital University - Law School

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Holmes, morality, bad man, natural law, prediction theory, intention, motivation

100.

An Amendment to Protect Marriage: Bad in Theory, Likely Worse in Practice

Brigham Young University Journal of Public Law, Vol. 20, 2006
Posted: 30 Nov 2006
Mark Strasser
Capital University - Law School

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marriage, same-sex, amendment, Eleventh Amendment, privacy,incidents of marriage

101.

Lawrence, Lofton, and Reasoned Judgment: On Who Can Adopt and Why

Saint Thomas Law Review, Vol. 18, 2005
Posted: 11 Oct 2006
Mark Strasser
Capital University - Law School

Abstract:

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Lofton, Lawrence, adoption, gay, lesbian, due process, equal protection

102.

Paying to Stay Home: On Competing Notions of Fairness and the Imputation of Income

RECONCEIVING THE FAMILY, Robin Fretwell Wilson, ed., Cambridge University Press, 2006
Posted: 09 Aug 2006
Mark Strasser
Capital University - Law School

Abstract:

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child support, stay-at-home parent, income imputation, shirking, public policy

103.

Lawrence, Mill, and Same-Sex Relationships: On Values, Valuing, and the Constitution

Southern California Interdisciplinary Law Journal, Vol. 15, pp. 285-306, 2006
Posted: 02 Aug 2006
Mark Strasser
Capital University - Law School

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Mill, Lawrence, On Liberty, LGBT, Lofton, value-affirming

104.

State Constitutional Amendments Defining Marriage: On Protections, Restrictions, and Credibility

Florida Coastal Law Review, Vol. 7, pp. 365-387, 2005
Posted: 25 May 2006
Mark Strasser
Capital University - Law School

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marriage, constitutional amendment, children. benefits

105.

Monogamy, Licentiousness, Desuetude and Mere Tolerance: The Multiple Misinterpretations of Lawrence V. Texas

Southern California Review of Law and Women's Studies, pp. 95-144, 2005
Posted: 16 Feb 2006
Mark Strasser
Capital University - Law School

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Lawrence v. Texas, privacy, marriage, licentiousness, desuetude, tolerance, privacy, equal protection, due process

106.

Marriage, Parental Rights, and Public Policy: On the Fma, its Purported Justification, and its Likely Effects on Families

University of St. Thomas Law Journal, Vol. 2, pp. 118-36, 2004
Posted: 16 Aug 2005
Mark Strasser
Capital University - Law School

Abstract:

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Marriage, amendment, families, children, constitution, interpretation, incidents

107.

Rebellion in the Eleventh Circuit: On Lawrence, Lofton and the Best Interests of Children

Posted: 26 May 2005
Mark Strasser
Capital University - Law School

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Best interests, due process, equal protection, Lawrence v. Texas, gay, lesbian, adoption

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same-sex marriage, DOMA,, federalism, interstate recognition, spending, equal protection

109.

The Lawrence Reader: Standhardt and Lewis on Women in Love

Posted: 28 Mar 2005
Mark Strasser
Capital University - Law School

Abstract:

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Marriage, gay, lesbian, Lawrence, equal protection, due process, privacy

110.

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Wrongful life, wrongful birth, wrongful conception, wrongful pregnancy, public policy, abortion

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Equal protection, tiers of scrutiny, Loving, Feeney, Goodridge, Lawrence, Baker, sex discrimination

112.

Lawrence and Same-Sex Marriage Bans: On Constitutional Interpretation and Sophistical Rhetoric

Posted: 11 Aug 2004
Mark Strasser
Capital University - Law School

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Lawrence, same-sex marriage, non-marital relations, Bowers, loving, McLaughlin, equal protection, due process

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Segregation, Brown v. Board of Education, separate but equal, stigma

114.

Adoption and the Best Interests of the Child: On the Use and Abuse of Studies

Posted: 10 May 2004
Mark Strasser
Capital University - Law School

Abstract:

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Adoption, gay, lesbian, second parent, Lofton, statistics

115.

Lawrence, Same-Sex Marriage and the Constitution: What is Protected and Why?

Posted: 10 May 2004
Mark Strasser
Capital University - Law School

Abstract:

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Lawrence, same-sex marriage, fundamental right, children

116.

The Interstate Recognition of Same-Sex Marriages and Civil Unions

FAMILY LAW UPDATE, Ronald Brown and Laura Morgan, eds., pp. 115-151, Aspen Publishers, 2004
Posted: 21 Apr 2004
Mark Strasser
Capital University - Law School

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Marriage, civil union, Defense of Marriage Act, full faith and credit, transgender marriages

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Second-parent, adoption, gay, lesbian, rational basis

118.

Domestic Relations, Missouri V. Holland, and the New Federalism

Posted: 04 Feb 2004
Mark Strasser
Capital University - Law School

Abstract:

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Missouri v. Holland, Curtiss-Wright, treaty power, domestic relations, 11th amendment

119.

Marriage, Transsexuals, and the Meaning of Sex: On Doma, Full Faith and Credit, and Statutory Interpretation

Houston Journal of Health Law and Policy, Vol. 3
Posted: 20 Jan 2004
Mark Strasser
Capital University - Law School

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120.

Harvesting the Fruits of Gardiner: On Marriage, Public Policy, and Fundamental Interests

Posted: 02 Sep 2003
Mark Strasser
Capital University - Law School

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121.

The Limits of the Clemency Power: On Pardons, Retributivists, and the United States Constitution

Posted: 14 Mar 2003
Mark Strasser
Capital University - Law School

Abstract:

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122.

On Same-Sex Marriage, Civil Unions, and the Rule of Law: Constitutional Interpretations at the Crossroads

Mark Strasser, ON SAME-SEX MARRIAGE, CIVIL UNIONS, AND THE RULE OF LAW: CONSTITUTIONAL INTERPRETATIONS AT THE CROSSROADS, Westport: Praeger, 2002
Posted: 15 Nov 2002
Mark Strasser
Capital University - Law School

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123.

Same-Sex Marriages and Civil Unions: On Meaning, Free Exercise, and Constitutional Guarantees

Posted: 14 May 2002
Mark Strasser
Capital University - Law School

Abstract:

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124.

Hans, Ayers, and Eleventh Amendment Jurisprudence: On Justification, Rationalization, and Sovereign Immunity

George Mason Law Review, Vol. 10, Pp. 251-291, 2001
Posted: 02 May 2002
Mark Strasser
Capital University - Law School

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126.

A Small Step Forward: The Ali's Domestic Partners Recommendation

Posted: 13 Feb 2002
Mark Strasser
Capital University - Law School

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127.

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128.

When is a Parent Not a Parent? On Doma, Civil Unions, and Presumptions of Parenthood

Posted: 23 Jan 2002
Mark Strasser
Capital University - Law School

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129.

The Future of Same-Sex Marriage

Posted: 01 Nov 2001
Mark Strasser
Capital University - Law School

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131.

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132.

Equal Protection at the Crossroads: On Baker, Common Benefits, and Facial Neutrality

Arizona Law Review, Vol. 42, pp. 935-63, 2000
Posted: 26 Apr 2001
Mark Strasser
Capital University - Law School

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133.

Unity, Sovereignty, and the Interstate Recognition of Marriage

West Virginia Law Review, Vol. 102, pp. 393-409, 1999
Posted: 04 Apr 2001
Mark Strasser
Capital University - Law School

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134.

Baehr Mysteries, Retroactivity, and the Concept of Law

Posted: 27 Feb 2001
Mark Strasser
Capital University - Law School

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135.

Mission Impossible: On Baker, Equal Benefits, and the Imposition of Stigma

William & Mary Bill of Rights Journal, Vol. 9, pp. 1-27, 2000-2001
Posted: 06 Feb 2001
Mark Strasser
Capital University - Law School

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136.

Plessy, Brown, and the Hbcus: On the Imposition of Stigma and the Court's Mechanical Equal Protection Jurisprudence

Washburn Law Journal, Vol. 40, pp. 48-69, 2000 Symposium issue
Posted: 28 Dec 2000
Mark Strasser
Capital University - Law School

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138.

Loving in the New Millennium: On Equal Protection and the Right to Marry

Univ. of Chicago Law School Roundtable, Vol. 7, pp. 61-90, 2000
Posted: 09 Nov 2000
Mark Strasser
Capital University - Law School

Abstract:

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139.

Loving, Baehr and the Right to Marry: On Legal Argumentation and Sophistical Rhetoric

Nova Law Review, Vol. 24, pp. 769-791, 2000
Posted: 08 Nov 2000
Mark Strasser
Capital University - Law School

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140.

Marital Acts, Morality, and the Right to Privacy

New Mexico Law Review, Vol. 30, pp. 43-67, 2000
Posted: 06 Oct 2000
Mark Strasser
Capital University - Law School

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141.

The Privileges of National Citizenship: On Saenz, Same-Sex Couples, and the Right to Travel

Posted: 30 Sep 2000
Mark Strasser
Capital University - Law School

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142.

Courts, Legislatures, and Second-Parent Adoptions: On Judicial Deference, Specious Reasoning, and the Best Interests of the Child

Tennessee Law Review, Vol. 66, Pp. 1019-1047, 1999
Posted: 03 May 2000
Mark Strasser
Capital University - Law School

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144.

The Challenge of Same-Sex Marriage: Federalist Principles and Constitutional Protections

THE CHALLENGE OF SAME-SEX MARRIAGE: FEDERALIST PRINCIPLES AND CONSTITUTIONAL PROTECTIONS, by Mark Strasser, Praeger Publishers/Greenwood Publishing Group, Westport, CT, 1999
Posted: 04 Apr 2000
Mark Strasser
Capital University - Law School

Abstract:

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145.

A Jurisprudence in Disarray: On Battery, Wrongful Living, and the Right to Bodily Integrity

San Diego Law Review, Vol. 36, Pp. 997-1041, 1999
Posted: 30 Mar 2000
Mark Strasser
Capital University - Law School

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146.

Wrongful Life, Wrongful Birth, Wrongful Death, and the Right to Refuse Treatment: Can Reasonable Jurisdictions Recognize All But One?

Missouri Law Review, Vol. 64, P. 29, 1999
Posted: 03 Aug 1999
Mark Strasser
Capital University - Law School

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147.

Misconceptions and Wrongful Births: A Call for a Principled Jurisprudence

Arizona State Law Journal, Vol. 31, P. 161, 1999
Posted: 03 Aug 1999
Mark Strasser
Capital University - Law School

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