Open Access. Powered by Scholars. Published by Universities.®
- Keyword
Articles 1 - 4 of 4
Full-Text Articles in Law
Anti-Incarcerative Remedies For Illegal Conditions Of Confinement, Margo Schlanger
Anti-Incarcerative Remedies For Illegal Conditions Of Confinement, Margo Schlanger
University of Miami Race & Social Justice Law Review
No abstract provided.
Originalism And Same-Sex Marriage, Steven G. Calabresi, Hannah M. Begley
Originalism And Same-Sex Marriage, Steven G. Calabresi, Hannah M. Begley
University of Miami Law Review
This article examines the original meaning of the equality guarantee in American constitutional law. It looks are the seventeenth, eighteenth, and nineteenth century roots of the modern doctrine, and it concludes that the Fourteenth Amendment bans the Hindu Caste system, European feudalism, the Black Codes, the Jim Crow laws, and the common law's denial to women of equal civil rights to those held by men. It then considers the constitutionality of bans on same sex marriage from an Originalist perspective, and it concludes that State laws banning same sex marriage violate the Fourteenth Amendment.
Keynote Address, Justice John Paul Stevens (Ret.)
Keynote Address, Justice John Paul Stevens (Ret.)
University of Miami Law Review
No abstract provided.
Ashton, Bekins, And Necessity: Why Chapter 9 Is Constitutional, But Not The Only Way For Municipalities To Adjust Their Debts, Aaron Michael Dmiszewicki
Ashton, Bekins, And Necessity: Why Chapter 9 Is Constitutional, But Not The Only Way For Municipalities To Adjust Their Debts, Aaron Michael Dmiszewicki
University of Miami Business Law Review
The 1930s saw the nation in crisis, steeped in the worst of the Great Depression. In 1936, over 2,000 municipalities, counties, and other governmental units, in 41 of the 48 states, were known to be in default. In response to this crisis, Congress amended the Bankruptcy Act in 1934 and passed the first municipal bankruptcy statute. Shortly thereafter, the Supreme Court struck it down. Undeterred, Congress passed another municipal bankruptcy statute in 1937, which was almost identical to the previously invalidated law. In 1938, the Supreme Court, now stocked with Roosevelt-appointed New Deal sympathizers, upheld the law.
However, the latter …