Law Commons^™

Conflating Scope Of Right With Standard Of Review: The Supreme Court's Strict Scrutiny Of Congressional Efforts To Enforce The Fourteenth Amendment, Melissa Hart

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No abstract provided.

Indirect Constitutional Discourse: A Comment On Meese, Robert F. Nagel

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Tricky Magic: Blacks As Immigrants And The Paradox Of Foreignness, Lolita K. Buckner Inniss

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Since the beginning of the nation, white Americans have suffered from a deep inner uncertainty as to who they really are. One of the ways that has been used to simplify the answer has been to seize upon the presence of black Americans and use them as a marker, a symbol of limits, a metaphor for the "outsider." Many whites could look at the social position of blacks and feel that color formed an easy and reliable gauge for determining to what extent one was or was not American. Perhaps that is why one of the first epithets that many …

A New Options Theory For Risk Multipliers Of Attorney's Fees In Federal Civil Rights Litigation, Peter H. Huang

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Given the importance of private enforcement of federal civil rights laws, Congress and the courts have attempted to encourage plaintiffs' attorneys to accept meritorious civil rights cases through fee shifting and risk multipliers. Recently, however, the Supreme Court has essentially prohibited the use of risk multipliers, thus undercompensating attorneys for the risk of losing civil rights actions and discouraging the filing of such cases. In this Article, Professor Huang develops a new options-based theory of calculating attorney's fees. Professor Huang argues that a lawsuit consists of a sequence of options to continue with the case rather than a once-and-for-all irreversible …

Women And The Promise Of Equal Citizenship, Jennifer S. Hendricks

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Anticipating the decision in United States v. Morrison (2000), holding that the civil rights remedy of the Violence Against Women Act was not a legitimate exercise of Congress's power to enforce the Equal Protection Clause, this article argues that the Act could be upheld as an exercise of Congress's authority under the Citizenship Clause of the Fourteenth Amendment. Congress's authority under the Citizenship Clause is analogous to its authority under the "badges and incidents" doctrine of the Thirteenth Amendment, which allows Congress to provide protection from discriminatory violence. This theory would also guide interpretation of the act to focus on …

Subtracting Sexism From The Classroom: Law And Policy In The Debate Over All-Female Math And Science Classes In Public Schools, Carolyn B. Ramsey

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Race And Criminal Justice, Richard B. Collins

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Utilitarianism Left And Right: A Response To Professor Armour, Robert F. Nagel

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Playing Defense, Robert F. Nagel

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Noting that the Romer opinion condemns the motives behind Amendment 2 without pausing even briefly to examine the social context in which it was enacted, Professor Nagel describes the decision as a model of the intolerant impulse in action. He traces this impulse to the Justices' unwillingness to examine their own role--and that of the rest of the constitutional law establishment--in creating the underlying conditions that produced Amendment 2.

In order to identify those conditions, Professor Nagel analyzes the primary document used by Colorado for Family Values during its campaign on behalf of the initiative. He argues that this document …

Book Review, Marianne Wesson

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No abstract provided.

California’S Proposition 187--Does It Mean What It Says? Does It Say What It Means? A Textual And Constitutional Analysis, Lolita K. Buckner Inniss

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Handling Difficult Issues Under The Family Medical Leave Act, Helen Norton

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Affirmative Action As A Women's Issue, Helen Norton

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Peremptory Challenges: Free Strikes No More, H. Patrick Furman

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Shaw V. Reno: On The Borderline, Emily Calhoun

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A Tribute To Thurgood Marshall, Peter N. Simon

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Workplace Discrimination: Truthfulness And The Moral Imagination, Emily Calhoun

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The Capacity Of International Law To Advance Ethnic Or Nationality Rights Claims, S. James Anaya

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Book Review, Richard B. Collins

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Civil Liberties Guarantees When Indian Tribes Act As Majority Societies: The Case Of The Winnebago Retrocession, Charles F. Wilkinson

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American Indians And The Bicentennial, Richard B. Collins

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Batson V. Kentucky: Curing The Disease But Killing The Patient, William T. Pizzi

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The Judge, Marianne Wesson

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The First Amendment And Distributional Voting Rights Controversies, Emily M. Calhoun

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On Complaining About The Burger Court, Robert F. Nagel

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Attorney-Client Conflicts Of Interest And The Concept Of Non-Negotiable Fee Awards Under 42 U.S.C. § 1988, Emily M. Calhoun

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Judicial Immunity And Sovereignty, Robert F. Nagel

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The Supreme Court And The Constitutional Rights Of Prisoners: A Reappraisal, Emily Calhoun

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The Thirteenth And Fourteenth Amendments: Constitutional Authority For Federal Legislation Against Private Sex Discrimination, Emily Calhoun

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Federal Removal And Injunction To Protect Political Expression And Racial Equality: A Proposed Change, Christopher B. Mueller

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No abstract provided.