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Full-Text Articles in Law

The Uneasy Partnership: The Balance Of Power Between Congress And The Supreme Court In Interpretation Of The Civil War Amendments, Emil Lippe Jr. Aug 2015

The Uneasy Partnership: The Balance Of Power Between Congress And The Supreme Court In Interpretation Of The Civil War Amendments, Emil Lippe Jr.

Akron Law Review

The basic thesis of this article is that the enforcement clauses of the thirteenth,' fourteenth, 2 and fifteenth 3 amendments have imposed strong affirmative duties upon the United States Congress and the Supreme Court. These duties, due to their very nature, must be exercised in tandem with each other toward the overall goal of the Civil War Amendments: the guarantee that the civil rights of no American be denied him on the basis of race, color, or previous condition of servitude. In addition, a special type of constitutional stare decisis operates to prevent both branches from contracting the rights guaranteed …


Denial Of Tax Exempt Status For Racially Discriminatory Schools, Bob Jones University V. U.S., Margaret K. Cassidy Jul 2015

Denial Of Tax Exempt Status For Racially Discriminatory Schools, Bob Jones University V. U.S., Margaret K. Cassidy

Akron Law Review

The extent to which the government may deny tax-exempt status in order to further its goal of eliminating racial discrimination is a question of paramount importance. The United States Supreme Court recently addressed this question in the case of Bob Jones University v. U.S., a consolidated action which involved a conflict between two established public policies: racial equality and religious freedom. The Court held that this nation's policy of racial equality overrides any interest that an educational and religious institution may have in promoting racial discrimination.


Rebuilding The Slaughter-House: The Cases' Support For Civil Rights, David S. Bogen Jul 2015

Rebuilding The Slaughter-House: The Cases' Support For Civil Rights, David S. Bogen

Akron Law Review

This Article sets forth the Slaughter-House Cases’ support for civil rights. Justice Miller used federalism in order to protect Reconstruction legislatures where significant numbers of African-Americans participated fully for the first time. His recital of the history and purpose of the Civil War Amendments centered on the Amendments’ design to protect African-Americans, and suggested sweeping federal power to accomplish that end. Gutting the Privileges and Immunities Clause compelled the Court to read the Equal Protection Clause broadly, and was indirectly responsible for the reapportionment decisions of the Warren Court. The Slaughter-House Court’s structural analysis and its view of federal protective …


United States V. Kozminski: On The Threshold Of Involuntary Servitude , Kenneth T. Koonce Jr. Jan 2013

United States V. Kozminski: On The Threshold Of Involuntary Servitude , Kenneth T. Koonce Jr.

Pepperdine Law Review

No abstract provided.


Congressional Authority To Interpret The Thirteenth Amendment: A Response To Professor Tsesis, Jennifer Mason Mcaward Jan 2011

Congressional Authority To Interpret The Thirteenth Amendment: A Response To Professor Tsesis, Jennifer Mason Mcaward

Maryland Law Review

No abstract provided.


Constitutional Politics, Constitutional Law, And The Thirteenth Amendment, Michael Les Benedict Jan 2011

Constitutional Politics, Constitutional Law, And The Thirteenth Amendment, Michael Les Benedict

Maryland Law Review

No abstract provided.


Beyond Originalism: Conservative Declarationism And Constitutional Redemption, Ken I. Kersch Jan 2011

Beyond Originalism: Conservative Declarationism And Constitutional Redemption, Ken I. Kersch

Maryland Law Review

No abstract provided.


What’S Different About The Thirteenth Amendment, And Why Does It Matter?, James Gray Pope Jan 2011

What’S Different About The Thirteenth Amendment, And Why Does It Matter?, James Gray Pope

Maryland Law Review

No abstract provided.


The Thirteenth Amendment And The Meaning Of Familial Bonds, Julie Novkov Jan 2011

The Thirteenth Amendment And The Meaning Of Familial Bonds, Julie Novkov

Maryland Law Review

No abstract provided.


The Thirteenth Amendment, Interest Convergence, And The Badges And Incidents Of Slavery, William M. Carter Jr. Jan 2011

The Thirteenth Amendment, Interest Convergence, And The Badges And Incidents Of Slavery, William M. Carter Jr.

Maryland Law Review

No abstract provided.


Conclusion: The Political Thirteenth Amendment, Rebecca E. Zietlow Jan 2011

Conclusion: The Political Thirteenth Amendment, Rebecca E. Zietlow

Maryland Law Review

No abstract provided.


Congressional Authority To Interpret The Thirteenth Amendment, Alexander Tsesis Jan 2011

Congressional Authority To Interpret The Thirteenth Amendment, Alexander Tsesis

Maryland Law Review

No abstract provided.


Symposium - The Maryland Constitutional Law Schmooze - Foreword: Plus Or Minus One: The Thirteenth And Fourteenth Amendments, Mark A. Graber Jan 2011

Symposium - The Maryland Constitutional Law Schmooze - Foreword: Plus Or Minus One: The Thirteenth And Fourteenth Amendments, Mark A. Graber

Maryland Law Review

No abstract provided.


Involuntary Servitude, Public Accommodations Laws, And The Legacy Of Heart Of Atlanta Motel, Inc. V. United States, Linda C. Mcclain Jan 2011

Involuntary Servitude, Public Accommodations Laws, And The Legacy Of Heart Of Atlanta Motel, Inc. V. United States, Linda C. Mcclain

Maryland Law Review

No abstract provided.


Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen Kaufman, Martin A. Schwartz Jan 1988

Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen Kaufman, Martin A. Schwartz

Touro Law Review

No abstract provided.