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Section 4: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School Oct 1994

Section 4: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Imposition, Richard Delgado, Jean Stefancic Mar 1994

Imposition, Richard Delgado, Jean Stefancic

William & Mary Law Review

No abstract provided.


The Civil Rights Act Of 1991: A Continuation Of The Wards Cove Standard Of Business Necessity, Philip S. Runkel Mar 1994

The Civil Rights Act Of 1991: A Continuation Of The Wards Cove Standard Of Business Necessity, Philip S. Runkel

William & Mary Law Review

No abstract provided.


Ethnicity And Prejudice: Reevaluating "National Origin" Discrimination Under Title Vii, Juan F. Perea Mar 1994

Ethnicity And Prejudice: Reevaluating "National Origin" Discrimination Under Title Vii, Juan F. Perea

William & Mary Law Review

No abstract provided.


From Crippled To Disabled: The Legal Empowerment Of Americans With Disabilities, Michael Ashley Stein Jan 1994

From Crippled To Disabled: The Legal Empowerment Of Americans With Disabilities, Michael Ashley Stein

Faculty Publications

No abstract provided.


Force African-American Fathers To Parent Their Delinquent Sons - A Factor To Be Considered At The Dispositional Stage, Lundy Langston Jan 1994

Force African-American Fathers To Parent Their Delinquent Sons - A Factor To Be Considered At The Dispositional Stage, Lundy Langston

Journal Publications

What species can survive and function when a substantial segment of its young male population is harnessed by the burdens of substance abuse, unemployment, and incarceration? Empirical data suggests that these maladies have infected African-American males at a rate alarmingly disproportionate to that of other races. This trend, if it continues, suggests that America is creating a dysfunctional class. In this Article the term "dysfunctional" refers to a predicament wherein African-American males engage in violent activities.' Their conduct may be attributable to their inability to contribute to the family or smaller groups which form the foundation of the social order …


The Second Amendment And The Personal Right To Arms, William W. Van Alstyne Jan 1994

The Second Amendment And The Personal Right To Arms, William W. Van Alstyne

Faculty Publications

For many years, the Second Amendment was politely ignored, or summarily dismissed, by America's legal academy. In recent years, however, more and more law professors have begun taking the Second Amendment seriously. Professor William Van Alstyne, one of the nation's most respected Constitutional law professors, and the author of a leading Constitutional law casebook; offers his contribution in this essay. Van Alstyne suggests that the Second Amendment means exactly what it says: that individual citizens have a right, not merely a privilege, to own and carry firearms. He also commends the National Rifle Association for its constructive role as a …


Civil Rights: People V. Dieppa Jan 1994

Civil Rights: People V. Dieppa

Touro Law Review

No abstract provided.


Parents' Religion And Children's Welfare: Debunking The Doctrine Of Parents' Rights, James G. Dwyer Jan 1994

Parents' Religion And Children's Welfare: Debunking The Doctrine Of Parents' Rights, James G. Dwyer

Faculty Publications

The scope, weight, and assignment of parental rights have been the focus of much debate among legal commentators. These commentators generally have assumed that parents should have some rights in connection with the raising of their children. Rarely have commentators offered justifications for attributing rights to persons as parents, and when they have done so they have failed to subject those justifications to close scrutiny. This Article takes the novel approach of challenging parental rights in their entirety. The author explores the fundamental questions of what it means to say that individuals have rights as parents, and whether it is …


Speech: The Handover, Desmond Tutu Jan 1994

Speech: The Handover, Desmond Tutu

Archbishop Desmond Tutu Collection Textual

The speech that Archbishop Tutu made in Pretoria South Africa during the handing over of the Truth & Reconciliation Commission final report to President Thabo Mbeki. Handwritten notes throughout typewritten speech.


Legal Indeterminacy, Judicial Discretion And The Mexican-American Litigation Experience: 1930-1980, George A. Martinez Jan 1994

Legal Indeterminacy, Judicial Discretion And The Mexican-American Litigation Experience: 1930-1980, George A. Martinez

Faculty Journal Articles and Book Chapters

This article explores a jurisprudential point: legal indeterminacy in the context of Mexican-American civil rights litigation. The article argues that because of legal uncertainty or indeterminacy the resolution of key issues was not inevitable. Judges often had discretion to reach their conclusions. In this regard, the article concludes that the courts generally exercised their discretion by taking a position on key issues against Mexican-Americans. The article points out that exposing the exercise of judicial discretion and the lack of inevitability in civil rights cases is important for two major reasons. At one level, exposing the exercise of judicial discretion is …


Operation Rescue Versus A Woman's Right To Choose: A Conflict Without A Federal Remedy?, Randolph M. Mclaughlin Jan 1994

Operation Rescue Versus A Woman's Right To Choose: A Conflict Without A Federal Remedy?, Randolph M. Mclaughlin

Elisabeth Haub School of Law Faculty Publications

This article discusses the need for federal protection of women seeking abortion-related services and the denial of protection of those women by the Supreme Court's narrow holding in Bray. Part II examines the precedents leading up to the Bray decision. A review of these cases demonstrates that Operation Rescue is a national conspiracy aimed at eliminating the right to abortion. The group uses physical force and blockades clinics in order to deny women and health care workers access to these facilities. In light of the inability or unwillingness of local law enforcement agencies to provide access to the clinics and …