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Duke Law

Law and Contemporary Problems

Equality before the law

Articles 1 - 8 of 8

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The Disparate Treatment Of Race And Class In Constitutional Jurisprudence, Mario L. Barnes, Erwin Chemerinsky Oct 2009

The Disparate Treatment Of Race And Class In Constitutional Jurisprudence, Mario L. Barnes, Erwin Chemerinsky

Law and Contemporary Problems

No abstract provided.


Broad Exemptions In Animal-Cruelty Statutes Unconstitutionally Deny Equal Protection Of The Law, William A. Reppy Jr. Jan 2007

Broad Exemptions In Animal-Cruelty Statutes Unconstitutionally Deny Equal Protection Of The Law, William A. Reppy Jr.

Law and Contemporary Problems

This article considers the history, interpretation, and constitutionality of statutory exemptions that preclude prosecution either for misdemeanor or felony violation of North Carolina's criminal animal-cruelty statute, section 14-3601 of the General Statutes, in nine situations.


Walking While Muslim, Margaret Chon, Donna E. Arzt Apr 2005

Walking While Muslim, Margaret Chon, Donna E. Arzt

Law and Contemporary Problems

The authors examine the linkage between the social justice claims of Japanese Americans during WWII and Muslim Americans in today's post-9/11 era. Muslims are considered a significant component of the war on terror, but it is unclear whether this classification is based upon race or religion.


Korematsu And Beyond: Japanese Americans And The Origins Of Strict Scrutiny, Greg Robinson, Toni Robinson Apr 2005

Korematsu And Beyond: Japanese Americans And The Origins Of Strict Scrutiny, Greg Robinson, Toni Robinson

Law and Contemporary Problems

The authors examine the role that the Japanese American Citizens League played in the development of the "strict scrutiny" doctrine partly responsible for the ruling in Brown v. Board of Education. The plight of Japanese Americans during their WWII internment gave them experience in implementing this doctrine, which they passed on to the NAACP.


Just Do It, Girardeau A. Spann Jul 2004

Just Do It, Girardeau A. Spann

Law and Contemporary Problems

No abstract provided.


Warning: Labeling Constitutions May Be Hazardous To Your Regime, Suzanna Sherry Jul 2004

Warning: Labeling Constitutions May Be Hazardous To Your Regime, Suzanna Sherry

Law and Contemporary Problems

Sherry presents information concerning the labeling of court decisions as being liberal or conservative victories. Because each case can be viewed in different aspects of liberalism and conservatism, it is more appropriate to simply recognize that there are important, non-ideological values at stake on both sides of each case.


Enforcing Bias-Crime Laws Without Bias: Evaluating The Disproportionate-Enforcement Critique, Frederick M. Lawrence Jul 2003

Enforcing Bias-Crime Laws Without Bias: Evaluating The Disproportionate-Enforcement Critique, Frederick M. Lawrence

Law and Contemporary Problems

No abstract provided.


Taxing The Market Citizen: Fiscal Policy And Inequality In An Age Of Privatization, Lisa Philipps Oct 2000

Taxing The Market Citizen: Fiscal Policy And Inequality In An Age Of Privatization, Lisa Philipps

Law and Contemporary Problems

Focusing on Canada, Philipps argues that recent efforts to revise important facets of the income tax system are best understood through the lens of privatization. By promoting personal responsibility, the tax code is contributing to the erosion of the ideal of social citizenship and replacing it with a new model of market citizenship.