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Democratizing Abolition, Brandon Hasbrouck Jan 2023

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 Jan 2021

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 Aug 2017

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 Jan 2005

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 Mar 2004

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 Apr 2003

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 Sep 2002

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 Apr 2000

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 Apr 1997

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 Apr 1996

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 Apr 1996

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 Mar 1996

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 Jan 1988

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 Jan 1982

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 Jan 1981

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 Jan 1981

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 Jan 1981

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. Oct 1979

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 Jan 1979

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 Jan 1977

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? Jan 1975

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 Sep 1955

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 Sep 1953

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. Sep 1953

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. Mar 1948

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.