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Articles 1 - 30 of 35
Full-Text Articles in Entire DC Network
Same-Sex Marriage, Indian Tribes, And The Constitution, Matthew L.M. Fletcher
Same-Sex Marriage, Indian Tribes, And The Constitution, Matthew L.M. Fletcher
Matthew L.M. Fletcher
A same-sex marriage amendment, depending on the text, might serve to incorporate Indian tribes into the federal union as the third sovereign. The Constitution has not been amended to incorporate Indian tribes into the federal union, rendering their place in Our Federalism uncertain and unpredictable. A same-sex marriage amendment that applies to limit or expand tribal authority to recognize or authorize same-sex marriage could constitute an implicit recognition of Indian tribes as the third sovereign in the American system of federalism. Even an amendment that excludes mention of Indian tribes may have something to say about Indian tribes as the …
Torch (December 2006), Amy Homans, Civil Rights Team Project
Torch (December 2006), Amy Homans, Civil Rights Team Project
Torch: The Civil Rights Team Project Newsletter
No abstract provided.
The First Amendment Versus Operational Security: Where Should The Milblogging Balance Lie?, Katherine C. Den Bleyker
The First Amendment Versus Operational Security: Where Should The Milblogging Balance Lie?, Katherine C. Den Bleyker
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Torch (November 2006), Amy Homans, Civil Rights Team Project
Torch (November 2006), Amy Homans, Civil Rights Team Project
Torch: The Civil Rights Team Project Newsletter
No abstract provided.
Note: Johnson V. California: A Grayer Shade Of Brown, Brandon N. Robinson
Note: Johnson V. California: A Grayer Shade Of Brown, Brandon N. Robinson
Brandon N. Robinson
For decades, the famous school desegregation case of Brown v. Board of Education and its progeny have supported the notion that a State may not constitutionally require [racial] segregation of public facilities. Indeed, with regard to state-mandated racial segregation, the doctrine of separate but equal has long been considered dead and buried. In February 2005, however, the Supreme Court of the United States in Johnson v. California curiously reopened the segregation question by replacing the post-Brown ban on racial segregation with the strict scrutiny standard of review afforded to all other racial classifications, thereby muddying the once clear doctrinal waters. …
Torch (October 2006), Amy Homans, Civil Rights Team Project
Torch (October 2006), Amy Homans, Civil Rights Team Project
Torch: The Civil Rights Team Project Newsletter
No abstract provided.
Section 7: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School
Section 7: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Torch (September 2006), Amy Homans, Civil Rights Team Project
Torch (September 2006), Amy Homans, Civil Rights Team Project
Torch: The Civil Rights Team Project Newsletter
No abstract provided.
Internalizing Gender: International Goals, Comparative Realities, Darren Rosenblum
Internalizing Gender: International Goals, Comparative Realities, Darren Rosenblum
Elisabeth Haub School of Law Faculty Publications
This Article uses the example of international women's political rights to examine the value of comparative methodologies in analyzing the process by which nations internalize international norms. As internalized in Brazil and France, the Convention on the Elimination of All Forms of Discrimination Against Women suggests possibilities for (and possible limitations of) interdisciplinary comparative and international law scholarship. Indeed, international law scholarship is divided between theories of internalization and neorealist challenges to those theories. Comparative methodologies add crucial complexity to internalization theory, the success of which depends on acknowledging vast differences in national legal cultures. Further, comparative methodologies expose important …
Between Charity, Welfare, And Warfare: A Disability Legal Studies Analysis Of Privilege And Neglect In Israeli Disability Policy, Sagit Mor
Sagit Mor
This article introduces a critical perspective, which I term Disability Legal Studies, a field of critical legal theory that employs disability critique, as developed by Disability Studies. I argue that contemporary writing on disability and the law tends to utilize disability critique in a mere instrumental fashion, mainly to support doctrinal analysis or reform proposals. What is needed, I suggest, is substantial research regarding the constitutive role of law in the production of disability. The article investigates the construction of disability in the field of social welfare, claiming that although welfare has indeed provided some relief to people with disabilities, …
Eliding In New York, Monte Neil Stewart
Eliding In New York, Monte Neil Stewart
Duke Journal of Constitutional Law & Public Policy Sidebar
In January 2006, this Journal published an article that set forth the social institutional argument for man/woman marriage, demonstrated how that argument is a sufficient response to all constitutional attacks leveled at the laws sustaining that social institution, and detailed how the courts mandating genderless marriage (and the dissenting judges favoring that result) had elided the argument (“the Judicial Elision article”). Since the Judicial Elision article’s early December 2005 cut-off date, two more instances of judicial elision of social institutional realities have cropped up in New York. Both are dissenting opinions, one in the Appellate Division and one in the …
Torch (July/August 2006), Amy Homans, Civil Rights Team Project
Torch (July/August 2006), Amy Homans, Civil Rights Team Project
Torch: The Civil Rights Team Project Newsletter
No abstract provided.
How The Voting Rights Act Works: Implementation Of A Civil Rights Policy, 1965-2005, Peyton Mccrary
How The Voting Rights Act Works: Implementation Of A Civil Rights Policy, 1965-2005, Peyton Mccrary
South Carolina Law Review
No abstract provided.
Marital Status As Property: Toward A New Jurisprudence For Gay Rights, Goutam U. Jois
Marital Status As Property: Toward A New Jurisprudence For Gay Rights, Goutam U. Jois
Goutam U Jois
The issue of same-sex marriage has received much attention over the past few years, with significant focus on the role of the judiciary. For example, the first legal gay marriages in the country took place after a court decision in Massachusetts, and no state has sanctioned same-sex marriage through the legislative process. Proponents of same-sex marriages generally justify their creation on civil rights grounds, relying in particular on equal protection and due process arguments. However, the preservation of same-sex marriage can be defended on other grounds as well. I examine one such alternative theory, that of property rights. In this …
Torch (June 2006), Amy Homans, Civil Rights Team Project
Torch (June 2006), Amy Homans, Civil Rights Team Project
Torch: The Civil Rights Team Project Newsletter
No abstract provided.
Undercover Other, Angela Onwuachi-Willig
Undercover Other, Angela Onwuachi-Willig
Faculty Scholarship
This Essay argues in favor of legally recognizing same-sex marriages by exploring the similarities in passing between members of same-sex marriages/relationships and interracial marriages/relationships. Specifically, this Essay unpacks the claim that the ability of gays and lesbians to pass as heterosexual distinguishes the ban on same-sex marriages from former bans on interracial marriages. Part I of this Essay first describes policy-based critiques of a Loving-based argument for legalizing same-sex marriage, or as one scholar has coined, of playing the Loving card by analogizing the racism that motivated anti-miscegenation statues that the Supreme Court struck down in 1967 to the anti-gay …
Torch (April/May 2006), Amy Homans, Civil Rights Team Project
Torch (April/May 2006), Amy Homans, Civil Rights Team Project
Torch: The Civil Rights Team Project Newsletter
No abstract provided.
Smith V. City Of Jackson: Age Discrimination Act Authorizes Disparate Impact Claims – But Scope Is Narrow, William B. Holladay
Smith V. City Of Jackson: Age Discrimination Act Authorizes Disparate Impact Claims – But Scope Is Narrow, William B. Holladay
Duke Journal of Constitutional Law & Public Policy Sidebar
When Jackson, Mississippi revised its salary structure for police and public safety officers, it gave proportionately higher increases to officers with less than five years of seniority, who were overwhelmingly under forty years old. Thirty officers over the age of forty sued the city for age discrimination, alleging disparate impact. In a plurality opinion, the Court held that the Age Discrimination in Employment Act authorized claims of disparate impact. When it accepted the employer’s justification for the raise and dismissed the plaintiffs’ claim, however, the Court signaled that in the future, the scope of disparate impact claims would be narrow.
Mayle V. Felix, Aleksandra Kopec
Mayle V. Felix, Aleksandra Kopec
Duke Journal of Constitutional Law & Public Policy Sidebar
Following his murder conviction, Felix filed a pro se habeas petition alleging Sixth Amendment violations at trial The petition was filed within the one-year Antiterrorism and Effective Death Penalty Act deadline. He was later appointed counsel, who filed an amended petition alleging Fifth Amendment violations; but that petition was filed five months after the AEDPA deadline had passed. The Court held that the amended petition was not saved by the Relation Back doctrine because it did not share with the earlier claims a common "core of operative facts."
Torch (March 2006), Amy Homans, Civil Rights Team Project
Torch (March 2006), Amy Homans, Civil Rights Team Project
Torch: The Civil Rights Team Project Newsletter
No abstract provided.
Torch (February 2006), Amy Homans, Civil Rights Team Project
Torch (February 2006), Amy Homans, Civil Rights Team Project
Torch: The Civil Rights Team Project Newsletter
No abstract provided.
Naacp V. The Attorney General: Black Community Struggle Against Police Violence, 1959-68, Jay Stewart
Naacp V. The Attorney General: Black Community Struggle Against Police Violence, 1959-68, Jay Stewart
Journal Articles
On March 30, 1959, the U.S. Supreme Court issued two decisions which set the stage for a new era in police-community relations. In Abbate v. United States. I and Bartkus v. Illinois,2 the Court gave the U.S. Justice Department the power to prosecute police officers under federal civil rights laws for acts of racist violence - even when they were already under state or local investigation - without fear of violating states' rights. These decisions - had they been enforced - would have been welcome news at the New York headquarters of the National Association for the Advancement of Colored …
Civil Rights Injunctions Over Time: A Case Study Of Jail And Prison Court Orders, Margo Schlanger
Civil Rights Injunctions Over Time: A Case Study Of Jail And Prison Court Orders, Margo Schlanger
Margo Schlanger
No abstract provided.
Using Court Records For Research, Teaching, And Policymaking: The Civil Rights Litigation Clearinghouse, Margo Schlanger, Denise Lieberman
Using Court Records For Research, Teaching, And Policymaking: The Civil Rights Litigation Clearinghouse, Margo Schlanger, Denise Lieberman
Margo Schlanger
No abstract provided.
The Catholic Second Amendment, David B. Kopel
The Catholic Second Amendment, David B. Kopel
David B Kopel
At the beginning of the second millennium, there was no separation of church and state, and kings ruled the church. Tyrannicide was considered sinful. By the end of the thirteenth century, however, everything had changed. The Little Renaissance that began in the eleventh century led to a revolution in political and moral philosophy, so that using force to overthrow a tyrannical government became a positive moral duty. The intellectual revolution was an essential step in the evolution of Western political philosophy that eventually led to the American Revolution.
Sign Here, Please: The First Amendment Implications Of Requiring Loyalty Oaths For Admission To Political Events, John D. Castiglione
Sign Here, Please: The First Amendment Implications Of Requiring Loyalty Oaths For Admission To Political Events, John D. Castiglione
John D. Castiglione
The 2003-2004 presidential election cycle was the first to be significantly affected by a number of new forms of campaigning. Internet fundraising, blog journalism, and 527 organizations all burst onto the scene. Yet it was the most traditional method, the campaign rally, that gave rise to one of the most controversial events of the election season - requiring loyalty oaths for admission. This Note focuses on the constitutionality of requiring a loyalty oath for admission to an ostensibly privately-organized campaign event attended by a high-ranking public official like the President or Vice-President of the United States, or other major party …
Responsibility For Historical Injustices: Reconceiving The Case For Reparations, Amy J. Sepinwall
Responsibility For Historical Injustices: Reconceiving The Case For Reparations, Amy J. Sepinwall
Amy J. Sepinwall
Two opposing conceptions of responsibility animate the debate about reparations for slavery. Opponents of reparations espouse an individualist conception, and hold that one may be held responsible only for an action in which she participated directly, and only to the extent that her contribution caused harm. Since no contemporary citizen participated in slavery, opponents conclude that no contemporary citizen has a duty of repair. Supporters of reparations, or reparationists, adopt or develop theories of collective responsibility, according to which responsibility attaches to a group first and foremost, and then gets ascribed to the group's members derivatively. Reparationists thus argue that, …
Torch (January 2006), Amy Homans, Civil Rights Team Project
Torch (January 2006), Amy Homans, Civil Rights Team Project
Torch: The Civil Rights Team Project Newsletter
No abstract provided.
The Supreme Constitutional Court Of Egypt On Islamic Law, Veiling And Civil Rights: An Annotated Translation Of Supreme Constitutional Court Of Egypt Case No. 8 Of Judicial Year 17 (May 18, 1996), Nathan J. Brown, Clark B. Lombardi
The Supreme Constitutional Court Of Egypt On Islamic Law, Veiling And Civil Rights: An Annotated Translation Of Supreme Constitutional Court Of Egypt Case No. 8 Of Judicial Year 17 (May 18, 1996), Nathan J. Brown, Clark B. Lombardi
American University International Law Review
No abstract provided.
Assessing The Compatiblity Of Title Ix And § 1983: A Post-Abrams Framework For Preemption, Debora A. Hoehne
Assessing The Compatiblity Of Title Ix And § 1983: A Post-Abrams Framework For Preemption, Debora A. Hoehne
Fordham Law Review
No abstract provided.