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Articles 1 - 30 of 335
Full-Text Articles in Entire DC Network
The Coming Collision: Romer And State Defense Of Marriage Acts, Patrick J. Borchers
The Coming Collision: Romer And State Defense Of Marriage Acts, Patrick J. Borchers
BYU Law Review
No abstract provided.
Brown And The Colorblind Constitution, Christopher W. Schmidt
Brown And The Colorblind Constitution, Christopher W. Schmidt
All Faculty Scholarship
This Essay offers the first in-depth examination of the role of colorblind constitutionalism in the history of Brown v. Board of Education. In light of the recent Supreme Court ruling in Parents Involved in Community Schools v. Seattle School Dist. No. 1 (2007), such an examination is needed today more than ever. In this case, Chief Justice John Roberts drew on the history of Brown to support his conclusion that racial classifications in school assignment policies are unconstitutional. Particularly controversial was the Chief Justice's use of the words of the NAACP lawyers who argued Brown as evidence for his colorblind …
Writings: Syrian American Women’S Club December 4, 2008, Edna Louise Saffy
Writings: Syrian American Women’S Club December 4, 2008, Edna Louise Saffy
Saffy Collection - All Textual Materials
Speeches: Presented to the Syrian American Women’s Club December 4, 2008 by Dr. Edna Saffy.
Addressing Segregation In The Brown Collar Workplace: Toward A Solution For The Inexorable 100%, Leticia M. Saucedo
Addressing Segregation In The Brown Collar Workplace: Toward A Solution For The Inexorable 100%, Leticia M. Saucedo
University of Michigan Journal of Law Reform
Despite public perception to the contrary, segregated workplaces exist in greater number today than ever before, largely because of the influx of newly arrived immigrant workers to low-wage industries throughout the country. Yet existing antidiscrimination frameworks no longer operate adequately to rid workplaces of the segregation that results from targeting immigrant workers. This Article suggests a new anti-discrimination framework to address workplace segregation. The Article reviews how litigants have attempted to rid the workplace of conditions resulting from segregated departments through existing anti-discrimination frameworks. It then suggests a simple, yet powerful, shift in the inferences that can be drawn from …
Torch (December 2008), Brandon Baldwin, Civil Rights Team Project
Torch (December 2008), Brandon Baldwin, Civil Rights Team Project
Torch: The Civil Rights Team Project Newsletter
No abstract provided.
Does Heller Protect A Right To Carry Guns Outside The Home?, Michael C. Dorf
Does Heller Protect A Right To Carry Guns Outside The Home?, Michael C. Dorf
Cornell Law Faculty Publications
No abstract provided.
A Narrow Path To Diversity: The Constitutionality Of Rezoning Plans And Strategic Site Selection Of Schools After Parents Involved, Steven T. Collis
A Narrow Path To Diversity: The Constitutionality Of Rezoning Plans And Strategic Site Selection Of Schools After Parents Involved, Steven T. Collis
Michigan Law Review
Justice Kennedy's concurrence in Parents Involved in Community Schools v. Seattle School District Number 1 raised an important and timely constitutional issue: whether the Constitution permits K-12 public school districts not under existing desegregation orders to use site selection of new schools or rezoning plans to achieve racial diversity. Numerous scholars and journalists have interpreted Justice Kennedy's concurrence as explicitly answering the question in the affirmative. This Note argues that the opposite is true. Justice Kennedy's past jurisprudence, as well as his language in Parents Involved, favors the use of strict scrutiny. Indeed, in Parents Involved, Justice Kennedy …
The Myth And The Reality Of American Constitutional Exceptionalism, Stephen Gardbaum
The Myth And The Reality Of American Constitutional Exceptionalism, Stephen Gardbaum
Michigan Law Review
This Article critically evaluates the widely held view inside and outside the United States that American constitutional rights jurisprudence is exceptional. There are two dimensions to this perceived American exceptionalism: the content and the structure of constitutional rights. On content, the claim focuses mainly on the age, brevity, and terseness of the text and on the unusually high value attributed to free speech. On structure, the claim is primarily threefold. First, the United States has a more categorical conception of constitutional rights than other countries. Second, the United States has an exceptionally sharp public/private division in the scope of constitutional …
The Supreme Courts: Did September 11th Accelerate Their Sanctioning The Constitutionality Of Criminalizing Suspicion?, Dannye Holley
The Supreme Courts: Did September 11th Accelerate Their Sanctioning The Constitutionality Of Criminalizing Suspicion?, Dannye Holley
The University of New Hampshire Law Review
“This article evaluates whether the nation‘s highest appellate courts have, on balance, been more willing to acquiesce to criminalization based on suspicion since the attacks on the World Trade Center seven years ago. The article seeks to accomplish this evaluation by comparing decisions of the United States and state supreme courts in the six years prior to September 2001 with decisions in the six years following the terrorist attack— have the courts with the greatest authority to sanction the criminalization of suspicion been more willing to do just that? Such a post-September 11th trend would be significant because, despite the …
How The United States Government Sacrifices Athletes' Constitutional Rights In The Pursuit Of National Prestige, Dionne L. Koller
How The United States Government Sacrifices Athletes' Constitutional Rights In The Pursuit Of National Prestige, Dionne L. Koller
BYU Law Review
No abstract provided.
Shibboleths And Ceballos. Eroding Constitutional Rights Through Pseudocommunication, Susan Stuart
Shibboleths And Ceballos. Eroding Constitutional Rights Through Pseudocommunication, Susan Stuart
BYU Law Review
No abstract provided.
Liberdade, Ética E Direito, Paulo Ferreira Da Cunha
Liberdade, Ética E Direito, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
Further than Ethics concieved as mere obedience, Republican Ethics expresses the idea of duty for freedom and Liberty. After Law concieved as only duty and imperative norms from power to the subjects, there is the possibility of a fraternal law, in new patterns. This article explores several ways in a new ethics and a new law paradigms, after the objective Roman Law and the subjective modern Law.
Cyber Civil Rights (November 2008; Mp3), Danielle Keats Citron
Cyber Civil Rights (November 2008; Mp3), Danielle Keats Citron
Faculty Scholarship
Social networking sites and blogs have increasingly become breeding grounds for anonymous online groups that attack women, people of color, and members of other traditionally disadvantaged groups. These destructive groups target individuals with defamation, threats of violence, and technology-based attacks that silence victims and concomitantly destroy their privacy. Victims go offline or assume pseudonyms to prevent future attacks, impoverishing online dialogue and depriving victims of the social and economic opportunities associated with a vibrant online presence. Attackers manipulate search engines to reproduce their lies and threats for employers and clients to see, creating digital "scarlet letters" that ruin reputations. Today's …
Introducing The New And Improved Americans With Disabilities Act: Assessing The Ada Amendments Act Of 2008, Alex B. Long
Introducing The New And Improved Americans With Disabilities Act: Assessing The Ada Amendments Act Of 2008, Alex B. Long
NULR Online
No abstract provided.
Instead Of Enda, A Course Correction For Title Vii, Jennifer S. Hendricks
Instead Of Enda, A Course Correction For Title Vii, Jennifer S. Hendricks
NULR Online
No abstract provided.
Freedom Comes Only From The Law': The Debate Over Law's Capacity And The Making Of Brown V. Board Of Education, Christopher W. Schmidt
Freedom Comes Only From The Law': The Debate Over Law's Capacity And The Making Of Brown V. Board Of Education, Christopher W. Schmidt
All Faculty Scholarship
From the late nineteenth into the mid-twentieth century, civil rights reformers fought, with little success, against the argument that law was powerless to change prejudicial attitudes and customs. It was widely assumed during the Jim Crow era that forcing the principle of racial equality on resistant southern whites might turn desegregation into yet another failed experiment in social reform by legal fiat - another Reconstruction or Prohibition. In the 1940s and 1950s, these assumptions began to give way because of the efforts of liberal scholars and activists who made the case that legal reform could be particularly effective at combating …
Yes We Did, Photograph
Textual material from the Rodney Lawrence Hurst, Sr. Papers
MoveOn.org print.
Torch (November 2008), Brandon Baldwin, Civil Rights Team Project
Torch (November 2008), Brandon Baldwin, Civil Rights Team Project
Torch: The Civil Rights Team Project Newsletter
No abstract provided.
How Wide Should The Actual Innocence Gateway Be? An Attempt To Clarify The Miscarriage Of Justice Exception For Federal Habeas Corpus Proceedings, Jennifer Gwynne Case
How Wide Should The Actual Innocence Gateway Be? An Attempt To Clarify The Miscarriage Of Justice Exception For Federal Habeas Corpus Proceedings, Jennifer Gwynne Case
William & Mary Law Review
No abstract provided.
The Continuing Drift Of Federal Sovereign Immunity Jurisprudence, Gregory C. Sisk
The Continuing Drift Of Federal Sovereign Immunity Jurisprudence, Gregory C. Sisk
William & Mary Law Review
With the enduring doctrine of federal sovereign immunity, it is too late in the day to suggest that the United States should be treated as an ordinary party in the federal courts. Yet as the Supreme Court has become more comfortable with the increasingly common encounter with a statutory waiver of immunity, the rigidity of interpretive approach has eased. An early jaundiced judicial attitude has resolved into a greater respect for the legislative promise of relief to those harmed by their government. After sketching the history of statutory waivers over the past century-and-a-half and examining Supreme Court decisions across the …
Balancing Competing Individual Constitutional Rights: Raising Some Questions, Taunya Banks
Balancing Competing Individual Constitutional Rights: Raising Some Questions, Taunya Banks
Taunya Lovell Banks
Despite increasing support for global human rights ..., some scholars and constitutional democracies, like the United States, continue to resist constitutionalizing socio-economic rights. Socio-economic rights, unlike political and civil constitutional rights that usually prohibit government actions, are thought to impose positive obligations on government. As a result, constitutionalizing socio-economic rights raises questions about separation of powers and the competence of courts to decide traditionally legislative and executive matters. ... [W]hen transitional democracies, like South Africa, choose to constitutionalize socio-economic rights, courts inevitably must grapple with their role in the realization of those rights.... Two questions immediately come to mind: (1) …
Program: Jacksonville Urban League 35th Anniversary Equal Opportunity Luncheon.
Program: Jacksonville Urban League 35th Anniversary Equal Opportunity Luncheon.
Textual material from the Rodney Lawrence Hurst, Sr. Papers
An Equal Opportunity Luncheon on Wednesday, October 29, 2008 at the Hyatt Regency Jacksonville Riverfront.
Is America Finally Ready To Elect A Black President?, F. Michael Higginbotham
Is America Finally Ready To Elect A Black President?, F. Michael Higginbotham
All Faculty Scholarship
In its 220 year history, America has yet to elect a president who is not white. In the 2008 presidential election, Barack Obama, the only black member of the United States Senate, has received the nomination of the Democratic Party, the first minority candidate to ever receive a major party nomination. This article argues that Americans must not let fear or prejudice squander this historic opportunity.
Affirming The Thirteenth Amendment, Douglas L. Colbert
Affirming The Thirteenth Amendment, Douglas L. Colbert
Douglas L. Colbert
No abstract provided.
Liberating The Thirteenth Amendment, Douglas L. Colbert
Liberating The Thirteenth Amendment, Douglas L. Colbert
Douglas L. Colbert
No abstract provided.
Bifurcation Of Civil Rights Defendants: Undermining Monell In Police Brutality Cases, Douglas L. Colbert
Bifurcation Of Civil Rights Defendants: Undermining Monell In Police Brutality Cases, Douglas L. Colbert
Douglas L. Colbert
No abstract provided.
Diversity And Race-Neutrality, Kenneth L. Marcus
Featured Speaker, Domestic Violence And Juvenile Justice, Francine Sherman
Featured Speaker, Domestic Violence And Juvenile Justice, Francine Sherman
Francine T. Sherman
No abstract provided.
Activism And Terrorism, Timothy Zick
The Sanctity Of Polling Places, Timothy Zick