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Full-Text Articles in Law
The Sit-Ins And The State Action Doctrine, Christopher W. Schmidt
The Sit-Ins And The State Action Doctrine, Christopher W. Schmidt
All Faculty Scholarship
By taking their seats at “whites only” lunch counters across the South in the spring of 1960, African American students not only launched a dramatic new stage in the civil rights movement, they also sparked a national reconsideration of the scope of the constitutional equal protection requirement. The critical constitutional question raised by the sit-in movement was whether the Fourteenth Amendment, which after Brown v. Board of Education (1954) prohibited racial segregation in schools and other state-operated facilities, applied to privately owned accommodations open to the general public. From the perspective of the student protesters, the lunch counter operators, and …
Lincoln At 200: On Lincoln's Statesmanship, Dred Scott And Constitutional Evil, Harry F. Tepker Jr.
Lincoln At 200: On Lincoln's Statesmanship, Dred Scott And Constitutional Evil, Harry F. Tepker Jr.
Harry F. Tepker Jr.
No abstract provided.
Chase Court And Fundamental Rights: A Watershed In American Constitutionalism, The , Robert J. Kaczorowski
Chase Court And Fundamental Rights: A Watershed In American Constitutionalism, The , Robert J. Kaczorowski
Faculty Scholarship
Three weeks before he died in May 1873, the frail and ailing Salmon P. Chase joined three of his brethren in dissent in one of the most important cases ever decided by the United States Supreme Court, the Slaughter-House Cases.1 This decision was a watershed in United States constitutional history for several reasons. Doctrinally, it represented a rejection of the virtually unanimous decisions of the lower federal courts upholding the constitutionality of revolutionary federal civil rights laws enacted in the aftermath of the Civil War. Institutionally, it was an example of extraordinary judicial activism in overriding the legislative will of …
The Adoption Of The Bill Of Rights, Maeva Marcus
The Adoption Of The Bill Of Rights, Maeva Marcus
William & Mary Bill of Rights Journal
No abstract provided.
Rights In The Modern Era: Applying The Bill Of Rights To The States, Stephen J. Wermiel
Rights In The Modern Era: Applying The Bill Of Rights To The States, Stephen J. Wermiel
William & Mary Bill of Rights Journal
No abstract provided.