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The Ghost At The Banquet: Slavery, Federalism, And Habeas Corpus For State Prisoners, Marc Arkin
The Ghost At The Banquet: Slavery, Federalism, And Habeas Corpus For State Prisoners, Marc Arkin
Faculty Scholarship
No abstract provided.
Reflections On From Slaves To Citizens Bondage, Freedom And The Constitution: The New Slavery Scholarship And Its Impact On Law And Legal Historiography, Robert J. Kaczorowski
Reflections On From Slaves To Citizens Bondage, Freedom And The Constitution: The New Slavery Scholarship And Its Impact On Law And Legal Historiography, Robert J. Kaczorowski
Faculty Scholarship
The thesis of Professor Donald Nieman's paper, "From Slaves to Citizens: African-Americans, Rights Consciousness, and Reconstruction," is that the nation experienced a revolution in the United States Constitution and in the consciousness of African Americans. According to Professor Nieman, the Reconstruction Amendments represented "a dramatic departure from antebellum constitutional principles,"' because the Thirteenth Amendment reversed the pre-Civil War constitutional guarantee of slavery and "abolish[ed] slavery by federal authority." The Fourteenth Amendment rejected the Supreme Court's "racially-based definition of citizenship [in Dred Scott v. Sandford4], clearly establishing a color-blind citizenship” and the Fifteenth Amendment "wrote the principle of equality into the …
Note: A Procedural Approach To Limited Public Forum Cases, Lee Rudy
Note: A Procedural Approach To Limited Public Forum Cases, Lee Rudy
Fordham Urban Law Journal
This Note argues that the Supreme Court, beginning with Perry, has defined the limited public forum in a manner that offends the underlying policies of the First Amendment.9 Part II of this Note explains the significance of the limited public forum doctrine within First Amendment jurisprudence. Part III provides an historical overview of limited public forum cases, demonstrating that Perry relaxed limited public forum analysis by making it easier for government selectively to restrict access to public property, and that subsequent cases have had to struggle to apply Perry. Part IV criticizes Perry's reformulation of the limited public forum as …
Note: New York City's Restrictive Zoning Of Adult Businesses: A Constitutional Analysis, Rachel Simon
Note: New York City's Restrictive Zoning Of Adult Businesses: A Constitutional Analysis, Rachel Simon
Fordham Urban Law Journal
Part I explores the adult pornography industry in New York City and the constitutional framework developed by both federal and New York State courts to regulate non-obscene pornographic expression. Part II analyzes the City's Adult Zoning Resolution in light of decisions of the New York State Court of Appeals, the United States Supreme Court, and various federal district and circuit courts. Part III proposes changes that will increase the probability that the City's Adult Zoning Resolution will survive constitutional challenges. This Note concludes that although the current version of the City's Adult Zoning Resolution infringes unconstitutionally on adult business owners' …