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Democratizing Abolition, Brandon Hasbrouck
Democratizing Abolition, Brandon Hasbrouck
Scholarly Articles
When abolitionists discuss remedies for past and present injustices, they are frequently met with apparently pragmatic objections to the viability of such bold remedies in U.S. legislatures and courts held captive by reactionary forces. Previous movements have seen their lesser reforms dashed by the white supremacist capitalist order that retains its grip on power in America. While such objectors contend that abolitionists should not ask for so much justice, abolitionists should in fact demand significantly more.
Remedying our country’s history of subordination will not be complete without establishing abolition democracy. While our classical conception of a liberal republic asks us …
The Unconstitutional Police, Brandon Hasbrouck
The Unconstitutional Police, Brandon Hasbrouck
Scholarly Articles
Most Fourth Amendment cases arise under a basic fact pattern. Police decide to do something--say, stop and frisk a suspect. They find some crime--say, a gun or drugs--they arrest the suspect, and the suspect is subsequently charged with a crime. The suspect--who is all too often Black--becomes a defendant and challenges the police officers' initial decision as unconstitutional under the Fourth Amendment. The defendant seeks to suppress the evidence against them or perhaps to recover damages for serious injuries under 42 U.S.C. § 1983. The courts subsequently constitutionalize the police officers' initial decision with little or no scrutiny. Effectively, the …
Contemplating Masterpiece Cakeshop, Terri R. Day, Danielle Weatherby
Contemplating Masterpiece Cakeshop, Terri R. Day, Danielle Weatherby
Washington and Lee Law Review Online
Next term, in Masterpiece Cakeshop v. Colorado Civil Rights Commission, the Supreme Court will consider whether a baker’s religious objection to same-sex marriage justifies his violation of Colorado’s public accommodation law in refusing to bake a cake for a same-sex wedding. At the centerpiece of Masterpiece Cakeshop is a clash between the First Amendment’s Free Exercise Clause and the Fourteenth Amendment’s Equal Protection Clause or, more precisely, the principles of equality in commercial life as grounded in Colorado’s public accommodation law. In exploring the purpose inherent in regulating private conduct through public accommodation laws, this Essay suggests that …
The Executive's Scapegoat, The Court's Blind Eye? Immigrants' Rights After September 11, Hollis V. Pfitsch
The Executive's Scapegoat, The Court's Blind Eye? Immigrants' Rights After September 11, Hollis V. Pfitsch
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Applications For Benefits: Due Process, Equal Protection, And The Right To Be Free From Arbitrary Procedures, Virginia T. Vance
Applications For Benefits: Due Process, Equal Protection, And The Right To Be Free From Arbitrary Procedures, Virginia T. Vance
Washington and Lee Law Review
No abstract provided.
From Hutchins Hall To Hyderabad And Beyond: A Comparative Look At Affirmative Action In Three Jurisdictions, Jason Morgan-Foster
From Hutchins Hall To Hyderabad And Beyond: A Comparative Look At Affirmative Action In Three Jurisdictions, Jason Morgan-Foster
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Equal Educational Opportunity By The Numbers: The Warren Court's Empirical Legacy, Michael Heise
Equal Educational Opportunity By The Numbers: The Warren Court's Empirical Legacy, Michael Heise
Washington and Lee Law Review
No abstract provided.
When The Classroom Speaks: A Public University's First Amendment Right To A Race-Conscious Admissions Policy, Alfred B. Gordon
When The Classroom Speaks: A Public University's First Amendment Right To A Race-Conscious Admissions Policy, Alfred B. Gordon
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Que, Ya No Hablan Ingles En Este Pais?: A Look At The Constitutionality Of English Only Provisions Under The Free Speech Clause Of The First Amendment, John J. Louizos
Que, Ya No Hablan Ingles En Este Pais?: A Look At The Constitutionality Of English Only Provisions Under The Free Speech Clause Of The First Amendment, John J. Louizos
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Constitutional Amendment By Missouri V. Jenkins, Laura S. Fitzgerald
The Constitutional Amendment By Missouri V. Jenkins, Laura S. Fitzgerald
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Effect, Or No Effect: A Comparison Of Prima Facie Standards Applied In "Disparate Impact" Cases Brought Under The Fair Housing Act (Title Viii), Kristopher E. Ahrend
Effect, Or No Effect: A Comparison Of Prima Facie Standards Applied In "Disparate Impact" Cases Brought Under The Fair Housing Act (Title Viii), Kristopher E. Ahrend
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The "Constitutional" Assault On The Virginia Military Institute, Jon A. Soderberg
The "Constitutional" Assault On The Virginia Military Institute, Jon A. Soderberg
Washington and Lee Law Review
No abstract provided.
Rationality-And The Irrational Underinclusiveness Of The Civil Rights Laws, Peter Brandon Bayer
Rationality-And The Irrational Underinclusiveness Of The Civil Rights Laws, Peter Brandon Bayer
Washington and Lee Law Review
No abstract provided.
The Displacement Of Federal Due Process Claims By State Tort Remedies: Parratt V. Taylor And Logan V. Zimmerman Brush Company, Rodney A. Smolla
The Displacement Of Federal Due Process Claims By State Tort Remedies: Parratt V. Taylor And Logan V. Zimmerman Brush Company, Rodney A. Smolla
Scholarly Articles
None available.
A Comment On "The Rhetoric Of Powell's Bakke", Jan Deutsch
A Comment On "The Rhetoric Of Powell's Bakke", Jan Deutsch
Washington and Lee Law Review
No abstract provided.
The Rhetoric Of Powell's Bakke, Lewis H. Larue
The Rhetoric Of Powell's Bakke, Lewis H. Larue
Washington and Lee Law Review
No abstract provided.
Response To "The Rhetoric Of Powell's Bakke", James B. White
Response To "The Rhetoric Of Powell's Bakke", James B. White
Washington and Lee Law Review
No abstract provided.
Fullilove V. Klutznick (Formerly Kreps), Lewis F. Powell Jr.
Fullilove V. Klutznick (Formerly Kreps), Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Proving Discriminatory Intent From A Facially Neutral Decision With A Disproportionate Impact
Proving Discriminatory Intent From A Facially Neutral Decision With A Disproportionate Impact
Washington and Lee Law Review
No abstract provided.
Justice Sherman Minton And The Protection Of Minority Rights, David N. Atkinson
Justice Sherman Minton And The Protection Of Minority Rights, David N. Atkinson
Washington and Lee Law Review
No abstract provided.
Kahn V. Shevin And The "Heightened Rationality Test": Is The Supreme Court Promoting A Double Standard In Sex Discrimination Cases?
Washington and Lee Law Review
No abstract provided.
The Merging Concepts Of Liberty And Equality, Richard B. Wilson
The Merging Concepts Of Liberty And Equality, Richard B. Wilson
Washington and Lee Law Review
No abstract provided.
Constitutional Law—Recovery Of Damages For Breach Of Racial Restrictive Covenant In Deed As Violative Of Fourteenth Amendment. [California], Donald S. Latourette
Constitutional Law—Recovery Of Damages For Breach Of Racial Restrictive Covenant In Deed As Violative Of Fourteenth Amendment. [California], Donald S. Latourette
Washington and Lee Law Review
No abstract provided.
Constitutional Law—Application Of Separate But Equal Doctrine To Racial Segregation In Lower Public Schools. [Delaware], J. Hunter Lane Jr.
Constitutional Law—Application Of Separate But Equal Doctrine To Racial Segregation In Lower Public Schools. [Delaware], J. Hunter Lane Jr.
Washington and Lee Law Review
No abstract provided.
Constitutional Law—States' Obligations Under The Equal Protection Clause To Furnish Educational Facilities To Negroes. [United States Supreme Court], Enos Rogers Pleasants Jr.
Constitutional Law—States' Obligations Under The Equal Protection Clause To Furnish Educational Facilities To Negroes. [United States Supreme Court], Enos Rogers Pleasants Jr.
Washington and Lee Law Review
No abstract provided.