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Flunking The Class-Of-One/Failing Equal Protection, William D. Araiza Nov 2013

Flunking The Class-Of-One/Failing Equal Protection, William D. Araiza

William & Mary Law Review

This Article considers the equal protection “class-of-one” doctrine in light of recent developments, both at the Supreme Court and in the lower courts. After Part I explains the background and current state of the doctrine, Part II considers how that doctrine provides insights into such basic equal protection concepts as discriminatory intent and animus. It also critiques the Court’s analysis of the class-of-one, arguing that the Court has mishandled these concepts and in so doing caused doctrinal anomalies and lower court confusion. Part II offers an alternative approach to the class-of-one that corrects those problems while still addressing the concerns …


Oliver Lawal, Daosamid Bounthisane, And Gazali Shittu, Appellants, V. Marc Mcdonald, William Riley, And Frederick Chose, Appellees: Reply Brief Of Appellants, Patricia E. Roberts, Tillman J. Breckenridge, Tara A. Brennan, Thomas W. Ports Jr. Aug 2013

Oliver Lawal, Daosamid Bounthisane, And Gazali Shittu, Appellants, V. Marc Mcdonald, William Riley, And Frederick Chose, Appellees: Reply Brief Of Appellants, Patricia E. Roberts, Tillman J. Breckenridge, Tara A. Brennan, Thomas W. Ports Jr.

Appellate and Supreme Court Clinic

No abstract provided.


Oliver Lawal, Daosamid Bounthisane, And Gazali Shittu, Appellants, V. Marc Mcdonald, William Riley, And Frederick Chose, Appellees: Brief Of Appellants, Patricia E. Roberts, Tillman J. Breckenridge, Tara A. Brennan, Thomas W. Ports Jr. Jun 2013

Oliver Lawal, Daosamid Bounthisane, And Gazali Shittu, Appellants, V. Marc Mcdonald, William Riley, And Frederick Chose, Appellees: Brief Of Appellants, Patricia E. Roberts, Tillman J. Breckenridge, Tara A. Brennan, Thomas W. Ports Jr.

Appellate and Supreme Court Clinic

No abstract provided.


The Surprising Role Of Racial Hierarchy In The Civil Rights Jurisprudence Of The First Justice John Marshall Harlan, Davison M. Douglas Apr 2013

The Surprising Role Of Racial Hierarchy In The Civil Rights Jurisprudence Of The First Justice John Marshall Harlan, Davison M. Douglas

Faculty Publications

The first Justice John Marshall Harlan’s status as one of the greatest Supreme Court Justices in American history rests largely upon his civil rights jurisprudence. The literature exploring the nuances of Harlan’s civil rights jurisprudence is vast. Far less attention has been paid to the reasons for Harlan’s strong civil rights views. Developing a rich sense of Harlan’s thinking has been difficult because Harlan did not leave behind a large trove of non-judicial writings. There is, however, a remarkable source of Harlan’s thought that has been largely overlooked by scholars: Harlan’s constitutional law lectures at George Washington Law School of …


Mary D. Branch, Plaintiff-Appellant, V. Officer Timothy Gorman, Et Al., Defandants-Appellants: Reply Brief Of Appellant, Patricia E. Roberts, Pamela Palmer, Alexa Roggenkamp, Tillman J. Breckenridge, Robert M. Luck Iii Feb 2013

Mary D. Branch, Plaintiff-Appellant, V. Officer Timothy Gorman, Et Al., Defandants-Appellants: Reply Brief Of Appellant, Patricia E. Roberts, Pamela Palmer, Alexa Roggenkamp, Tillman J. Breckenridge, Robert M. Luck Iii

Appellate and Supreme Court Clinic

No abstract provided.


How Young Should Voters Be?: 16-Year-Olds’ Entitlement To The Most Basic Civil Right [Part V], Vivian E. Hamilton Jan 2013

How Young Should Voters Be?: 16-Year-Olds’ Entitlement To The Most Basic Civil Right [Part V], Vivian E. Hamilton

Popular Media

No abstract provided.


Just How Young Should Voters Be? Part Iv: Assessing Adolescents’ Electoral Competence, Vivian E. Hamilton Jan 2013

Just How Young Should Voters Be? Part Iv: Assessing Adolescents’ Electoral Competence, Vivian E. Hamilton

Popular Media

No abstract provided.


Just How Youthful Should Voters Be? Part Iii: Why We Need A Conception Of Electoral Competence, And Its Implications For Adults With Cognitive Impairments, Vivian E. Hamilton Jan 2013

Just How Youthful Should Voters Be? Part Iii: Why We Need A Conception Of Electoral Competence, And Its Implications For Adults With Cognitive Impairments, Vivian E. Hamilton

Popular Media

No abstract provided.


Just How Youthful Should Voters Be? Part Ii: Defining Electoral Decision-Making Competence, Vivian E. Hamilton Jan 2013

Just How Youthful Should Voters Be? Part Ii: Defining Electoral Decision-Making Competence, Vivian E. Hamilton

Popular Media

No abstract provided.


The Youth Vote Matters. But Just How Young Should Voters Be? [Part I], Vivian E. Hamilton Jan 2013

The Youth Vote Matters. But Just How Young Should Voters Be? [Part I], Vivian E. Hamilton

Popular Media

No abstract provided.