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Articles 1 - 4 of 4
Full-Text Articles in Entire DC Network
In The Name Of National Security Or Insecurity?: The Potential Indefinite Detention Of Non-Citizen Certified Terrorists In The United States And The United Kingdom In The Aftermath Of September 11, 2001, Dana L. Keith
ExpressO
No abstract provided.
The Heroes Of The First Amendment, Frederick Schauer
The Heroes Of The First Amendment, Frederick Schauer
Michigan Law Review
In 1950, Felix Frankfurter famously observed that "[i)t is a fair summary of history to say that the safeguards of liberty have frequently been forged in controversies involving not very nice people." The circumstances of Justice Frankfurter's observation were hardly atypical, for his opinion arose in a Fourth Amendment case involving a man plainly guilty of the crime with which he had been charged - fraudulently altering postage stamps in order to make relatively ordinary ones especially valuable for collectors. Indeed, Fourth Amendment cases typically present the phenomenon that Frankfurter pithily identified, for most of the people injured by an …
Discussing The First Amendment, Christina E. Wells
Discussing The First Amendment, Christina E. Wells
Michigan Law Review
Since the First Amendment's inception, Americans have agreed that free expression is foundational to our democratic way of life. Though we agree on this much, we have rarely agreed on much else regarding the appropriate parameters of free expression. Is the First Amendment absolute or does it allow some regulation of speech? Should the First Amendment protect offensive speech, pornography, flag-burning? Why do we protect speech - to promote the search for truth, to promote self-governance, or to protect individual autonomy?2 History is rife with disagreements regarding these issues to which there are no definitive answers. Certainly, the text of …
The Too-Many-Minorities And Racegoating Dynamics Of The Anti-Affirmative-Action Position: From Bakke To Grutter And Beyond, Ronald Turner
The Too-Many-Minorities And Racegoating Dynamics Of The Anti-Affirmative-Action Position: From Bakke To Grutter And Beyond, Ronald Turner
UC Law Constitutional Quarterly
Twenty five years ago, in Regents of the University of California v. Bakke, the United States Supreme Court validated certain considerations and uses of race in university and college admissions decisions. Writing only for himself in one part of the Bakke Court's opinion, Justice Powell expressed his view that the attainment of a diverse student body was a constitutionally permissible goal for an institution of higher education. A quarter century later, in the University of Michigan affirmative action cases discussed in this article, a majority of the Court endorsed Powell's view that the compelling state interest in student body diversity …