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Articles 451 - 476 of 476
Full-Text Articles in Law
The Age Discrimination In Employment Act's Forgotten Affirmative Defense: The Reasonable Factors Other Than Age Exception, Howard C. Eglit
The Age Discrimination In Employment Act's Forgotten Affirmative Defense: The Reasonable Factors Other Than Age Exception, Howard C. Eglit
All Faculty Scholarship
No abstract provided.
Discrimination, Jobs, And Politics, Anita L. Allen
Discrimination, Jobs, And Politics, Anita L. Allen
All Faculty Scholarship
No abstract provided.
Resistance Tactics For Tokens, Regina Austin
Resistance Tactics For Tokens, Regina Austin
All Faculty Scholarship
No abstract provided.
Racial Defamation As Free Speech: Abusing The First Amendment, Kenneth Lasson
Racial Defamation As Free Speech: Abusing The First Amendment, Kenneth Lasson
All Faculty Scholarship
The traditional view of the first amendment's free speech guarantee as absolute, allowing few and narrow exceptions, reflects the Constitution's dedication to an open and unfettered exchange of ideas. Those thoughts that are abhorrent to a free society, the argument goes, will wither when aired but fester if suppressed. Moreover, who is to decide which ideas are offensive? The interests of the state may well be inferior to those of the people, the wisdom of public servants often suspect in quality and motivation. But freedom of speech is so precious and delicate a liberty it must be preserved at great …
The Voting Rights Amendment Act Of 2014: A Constitutional Response To Shelby County, Gilda R. Daniels, William Yeomans, Nicholas Stephanopoulos, Gabriel J. Chin, Samuel Bagenstos
The Voting Rights Amendment Act Of 2014: A Constitutional Response To Shelby County, Gilda R. Daniels, William Yeomans, Nicholas Stephanopoulos, Gabriel J. Chin, Samuel Bagenstos
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This Issue Brief from the American Constitution Society for Law and Policy begins by explaining the Voting Rights Act, Shelby County v. Holder, and the Voting Rights Amendment Act of 2014 (VRAA). The remaining sections then explain the four specific ways the VRAA attempted to counter the holding from the Shelby County decision.
Civil Liberties For Homosexuals: The Law In Limbo, Kenneth Lasson
Civil Liberties For Homosexuals: The Law In Limbo, Kenneth Lasson
All Faculty Scholarship
This article will examine the recent surge in litigation arising from assertions by homosexuals of their constitutional rights - cases that reflect the law in flux and conflict - and will demonstrate that both constitutional principles and social philosophy generally require resolution of the conflicts in favor of equality, without regard to sexual preference.
In Defense Of Group-Libel Laws, Or Why The First Amendment Should Not Protect Nazis, Kenneth Lasson
In Defense Of Group-Libel Laws, Or Why The First Amendment Should Not Protect Nazis, Kenneth Lasson
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The author discusses group libel laws, and the underlying problems when free speech is used as a defense by those who would defame specific racial or ethnic groups and/or minorities. The topic is further explained in reference to various state laws, and the subsequent court cases extant at the time of the article's writing which defined the issue in terms of law. References are also made to such laws in countries other than the United States for the sake of comparison.
Due Process, State Remedies And Section 1983, Sheldon Nahmod
Due Process, State Remedies And Section 1983, Sheldon Nahmod
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No abstract provided.
Social Science And Segregation Before Brown, Herbert J. Hovenkamp
Social Science And Segregation Before Brown, Herbert J. Hovenkamp
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The courts must bear a heavy share of the burden of American racism. An outpouring of historical scholarship on racism and the American law reveals the outrageous and humiliating extent to which American lawyers, judges, and legislators created, perpetuated, and defended racist American institutions. The law is not autonomous, however, particularly in areas of explicit public policy making. Lawyers did not invent racism. Rather they created racist institutions because society was racist and racism was implicit in its values. The trend in scholarship on the legal history of American racism, however, has been to place most of the blame for …
Group Libel Versus Free Speech: When Big Brother Should Butt In, Kenneth Lasson
Group Libel Versus Free Speech: When Big Brother Should Butt In, Kenneth Lasson
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The year 1984 may not have fulfilled Orwellian prophecies of governmental totalitarianism, but citizens of the world remain no less concerned about the quality of their civil liberties. If people could live peacefully and productively together under a strict caste system, or blissfully in enslavement, there would be little impetus to identify 'natural rights' nor insistence upon what we know as 'freedom.' But human experience has amply demonstrated the universal yearning for personal liberty, as well as the need to legislate against its deprivation.
Thus Big Brother has been the enemy from long before the Magna Carta and long since …
Backing Off Bivens And The Ramifications Of This Retreat For The Vindication Of First Amendment Rights, Joan E. Steinman
Backing Off Bivens And The Ramifications Of This Retreat For The Vindication Of First Amendment Rights, Joan E. Steinman
All Faculty Scholarship
No abstract provided.
Constitutional Wrongs Without Remedies: Executive Official Immunity, Sheldon Nahmod
Constitutional Wrongs Without Remedies: Executive Official Immunity, Sheldon Nahmod
All Faculty Scholarship
No abstract provided.
Damages And Injunctive Relief Under Section 1983, Sheldon Nahmod
Damages And Injunctive Relief Under Section 1983, Sheldon Nahmod
All Faculty Scholarship
No abstract provided.
The Section 1983 Damage Action: An Overview, Sheldon Nahmod
The Section 1983 Damage Action: An Overview, Sheldon Nahmod
All Faculty Scholarship
No abstract provided.
Collins Seitz: A Noble Career, Stephen B. Burbank
Collins Seitz: A Noble Career, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Privacy Of Association: A Burgeoning Privilege In Civil Discovery, Joan E. Steinman
Privacy Of Association: A Burgeoning Privilege In Civil Discovery, Joan E. Steinman
All Faculty Scholarship
No abstract provided.
Constitutional Accountability In Section 1983 Litigation, Sheldon Nahmod
Constitutional Accountability In Section 1983 Litigation, Sheldon Nahmod
All Faculty Scholarship
No abstract provided.
A Preference For Liberty: The Case Against Involuntary Commitment Of The Mentally Disordered, Stephen J. Morse
A Preference For Liberty: The Case Against Involuntary Commitment Of The Mentally Disordered, Stephen J. Morse
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No abstract provided.
Potential Immunity Of Land Use Control Systems From Civil Rights And Antitrust Liability (With J. Bonder), Fred P. Bosselman
Potential Immunity Of Land Use Control Systems From Civil Rights And Antitrust Liability (With J. Bonder), Fred P. Bosselman
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No abstract provided.
The Age Discrimination Act Of 1975, As Amended: Genesis And Selected Problem Areas (Symposium), Howard C. Eglit
The Age Discrimination Act Of 1975, As Amended: Genesis And Selected Problem Areas (Symposium), Howard C. Eglit
All Faculty Scholarship
No abstract provided.
The Desegregation Dilemma: A Vote For Voluntarism, Frank Goodman
The Desegregation Dilemma: A Vote For Voluntarism, Frank Goodman
All Faculty Scholarship
No abstract provided.
Reading The Mind Of The School Board: Segregative Intent And The De Facto/De Jure Distinction, Seth F. Kreimer
Reading The Mind Of The School Board: Segregative Intent And The De Facto/De Jure Distinction, Seth F. Kreimer
All Faculty Scholarship
No abstract provided.
Civil Rights And Civil Liberties (With S. Fritzsche & G. Muller), Howard C. Eglit
Civil Rights And Civil Liberties (With S. Fritzsche & G. Muller), Howard C. Eglit
All Faculty Scholarship
No abstract provided.
De Facto School Segregation: A Constitutional And Empirical Analysis, Frank I. Goodman
De Facto School Segregation: A Constitutional And Empirical Analysis, Frank I. Goodman
All Faculty Scholarship
No abstract provided.
The Court Acknowledges The Illegitimate: Levy V. Louisiana And Glona V. American Guarantee & Liability Insurance Co., John C. Gray Jr., David Rudovsky
The Court Acknowledges The Illegitimate: Levy V. Louisiana And Glona V. American Guarantee & Liability Insurance Co., John C. Gray Jr., David Rudovsky
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No abstract provided.
Religious Freedom And The Church-State Relationship In Maryland, Kenneth Lasson
Religious Freedom And The Church-State Relationship In Maryland, Kenneth Lasson
All Faculty Scholarship
Maryland holds the unique and admirable distinction of having been the State whose early history most directly ensured, and whose citizenry was most directly affected by, the first amendment's grant of religious liberty. The Supreme Court's docket is still liberally sprinkled with petitions calling for renewed interpretation of the establishment clause, and Marylanders will soon vote upon a proposed new state constitution with a similar provision - hence, the opportuneness for tracing Maryland's contribution to the cause of toleration and to the principle of church-state separation.
The scope of this article will not extend beyond a sketch of the important …