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Full-Text Articles in Law
Lost In The Fire: Reflections On The Tulsa Race Massacre Centennial, Alina Ball
Lost In The Fire: Reflections On The Tulsa Race Massacre Centennial, Alina Ball
UC Law Constitutional Quarterly
The Tulsa Race Massacre centennial, occurring on the heels of the Movement for Black Lives and its historic national spotlight on racial inequity, provides a rare moment to be reflective about how transactional lawyering can advance racial and economic justice. This Essay examines the Greenwood District to not only explain the continuing economic disenfranchisement of people of color, but also provide transactional lawyers a case study through which they can critically examine their efforts to move beyond the rhetoric of economic development to rooting out racial violence and oppression that threatens not merely minority-owned businesses, but the lives of people …
A Candle In The Labyrinth: A Guide For Immigration Attorneys To Assert Habeas Corpus After Dhs V. Thuraissigiam, Joshua J. Schroeder
A Candle In The Labyrinth: A Guide For Immigration Attorneys To Assert Habeas Corpus After Dhs V. Thuraissigiam, Joshua J. Schroeder
UC Law Constitutional Quarterly
In the summer of 2020, immigration law seemed to become the gravitational center of presidential power. After the Supreme Court decided several immigration cases in favor of the executive department, former President Trump cited “the DACA case” to support a new constitutional theory that “[t]he Supreme Court gave the president of the United States powers that nobody thought the president had.” Accordingly, Trump began to issue presidential legislation including “an immigration plan, a health care plan, and various other plans.”
Trump also began to occupy cities that were politically opposed to his presidency with ICE and CBP agents, including BORTAC …
History And Tradition Or Fantasy And Fiction: Which Version Of The Past Will The Supreme Court Choose In Nysrpa V. Bruen?, Saul Cornell
History And Tradition Or Fantasy And Fiction: Which Version Of The Past Will The Supreme Court Choose In Nysrpa V. Bruen?, Saul Cornell
UC Law Constitutional Quarterly
No abstract provided.
Behind The Screen: The Constitutionality Of Remote Testimony For Survivors Of Domestic Violence, Rachel Harris
Behind The Screen: The Constitutionality Of Remote Testimony For Survivors Of Domestic Violence, Rachel Harris
UC Law Constitutional Quarterly
“Before my hearing for my order of protection, I knew that he would try to contact me through other people, send me flowers, send presents to the kids, and all of those things will make me feel powerless when I have to go into court and see him face-to-face. I knew after all of that I would tell the judge that I changed my mind and that I am going to give him another chance. But being on the screen, I tell you, gave me a sense of empowerment. When the judge asked me if I wanted an order of …
Foreword, Meron Wendwesen, Katrina Uyehara
Foreword, Meron Wendwesen, Katrina Uyehara
UC Law Constitutional Quarterly
No abstract provided.
State Constitutional Law Declares Its Independence: Double Protecting Rights During A Time Of Federal Constitutional Upheaval, Scott L. Kafker
State Constitutional Law Declares Its Independence: Double Protecting Rights During A Time Of Federal Constitutional Upheaval, Scott L. Kafker
UC Law Constitutional Quarterly
No abstract provided.
Unintentional Destruction: Torres V. Madrid, In Defining A Fourth Amendment Seizure Of The Person As A Common Law Arrest, Turned Terry V. Ohio Into Collateral Damage, George M. Dery Iii
Unintentional Destruction: Torres V. Madrid, In Defining A Fourth Amendment Seizure Of The Person As A Common Law Arrest, Turned Terry V. Ohio Into Collateral Damage, George M. Dery Iii
UC Law Constitutional Quarterly
This article analyzes Torres v. Madrid, in which the Supreme Court ruled an officer seized a person when he shot her, even though the suspect temporarily eluded capture after the shooting. This work examines the logical implications of Torres’s reasoning. Torres equated a Fourth Amendment seizure of the person with a common law arrest and defined an arrest to include an officer’s slightest touching of a person, even with only a finger. This article asserts that the force of Torres’s logic has elevated the Terry stop and frisk to a full arrest because Terry’s intrusion involves official touching and control …
Foreword, Meron Wendwesen, Katrina Uyehara
Foreword, Meron Wendwesen, Katrina Uyehara
UC Law Constitutional Quarterly
No abstract provided.
Making A Constitutional “Son Of Sam” Law: Netflix’S Booming True Crime Business, Justin Burnworth
Making A Constitutional “Son Of Sam” Law: Netflix’S Booming True Crime Business, Justin Burnworth
UC Law Constitutional Quarterly
No abstract provided.
Deepfake Reckoning: Adapting Modern First Amendment Doctrine To Protect Against The Threat Posed To Democracy, Alyssa Ivancevich
Deepfake Reckoning: Adapting Modern First Amendment Doctrine To Protect Against The Threat Posed To Democracy, Alyssa Ivancevich
UC Law Constitutional Quarterly
No abstract provided.
Nobody’S Business: A Novel Theory Of The Anonymous First Amendment, Jordan Wallace-Wolf
Nobody’S Business: A Novel Theory Of The Anonymous First Amendment, Jordan Wallace-Wolf
UC Law Constitutional Quarterly
Namelessness is a double-edged sword. It can be a way of avoiding prejudice and focusing attention on one’s ideas, but it can also be a license to defame and misinform. These points have been widely discussed. Still, the breadth of these discussions has left some of the depths unplumbed, because rarely is the question explicitly faced: what is the normative significance of namelessness itself, as opposed to its effects under different conditions? My answer is that anonymity is an evasion of responsibility for one’s conduct. Persons should ordinarily be held responsible for what they do, but in some cases, where …