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Constitutional Law

American University Law Review

2015

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Shoot First, Ask Later: Constitutional Rights At The Border After Boumediene, Brittany Davidson Jan 2015

Shoot First, Ask Later: Constitutional Rights At The Border After Boumediene, Brittany Davidson

American University Law Review

Adopting Boumediene's functional approach in analyzing extraterritorial application of the United States Constitution at the U.S.-Mexico border will promote uniformity and provide guidance to courts and officials. Currently, courts are applying Verdugo-Urquidez's sufficient connections test, and different variations thereof permitting courts to arbitrarily decide who is entitled to constitutional protection in the absence of uniform precedent. Adopting Boumediene as the guiding test will not automatically trigger constitutional protection, instead, constitutional protection will only be granted if extending protection to an alien at the U.S.-Mexico border is justified based on the three-prong test.


Iq Intelligence Tests, "Ethnic Adjustments" And Atkins, Robert M. Sanger Jan 2015

Iq Intelligence Tests, "Ethnic Adjustments" And Atkins, Robert M. Sanger

American University Law Review

No abstract provided.


The Young And The Restless: How The Twenty-Sixth Amendment Could Play A Role In The Current Debate Over Voting Laws, Nancy Turner Jan 2015

The Young And The Restless: How The Twenty-Sixth Amendment Could Play A Role In The Current Debate Over Voting Laws, Nancy Turner

American University Law Review

The Twenty-Sixth Amendment is commonly understood as lowering the voting age to eighteen. However, a close look at the Amendment's language and history indicates that the Twenty-Sixth Amendment does more than just grant a right. Properly read, the Twenty-Sixth Amendment acts as an antidiscrimination law similar to the Fourteenth, Fifteenth, and Nineteenth Amendments. Accordingly, the Twenty-Sixth Amendment possesses the power not just to invalidate legislation that explicitly contravenes its purpose, but also to neutralize facially neutral legislation that was enacted with a discriminatory intent. Using Fourteenth and Fifteenth Amendment jurisprudence as a guide, this Comment proposes a framework for structuring …