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Articles 361 - 376 of 376
Full-Text Articles in Law
Political Correctness In Jury Selection, George P. Fletcher
Political Correctness In Jury Selection, George P. Fletcher
Faculty Scholarship
The values of equality and freedom are in constant tension, or so some think. The more society stresses equality, the less freedom people have. For example, Bruce Ackerman would abolish inheritance in his utopian society to insure that every generation begins on an equal footing. Many commentators have advocated restrictions on pornography and hate speech in order to protect the likely targets of these traditionally protected uses of free speech. Additionally, Catharine MacKinnon has invoked the principle of equality in the form of protecting disempowered minorities to argue for a restriction on liberty and freedom. Conversely, the more economic freedom …
Art Of Judgement In Planned Parenthood V. Casey, James Boyd White
Art Of Judgement In Planned Parenthood V. Casey, James Boyd White
Articles
This article was excerpted and abridged with permission from a chapter in Professor White's recent book Acts of Hope: Creating Authority in Literature, Law, and Politics. In the book, he explores the nature of authority in various cultural contexts. Here he examines the Joint Opinion in Planned Parenthood v. Casey, which has been attacked both from the right, on the grounds that it tried to keep Roe v. Wade alive, and from the left, on the grounds that it significantly weakens the force of that case. Professor White, by contrast, admires it greatly, and in this chapter explains …
Virtual Equality As Constitutional Reality: An Introduction, Berta E. Hernández-Truyol
Virtual Equality As Constitutional Reality: An Introduction, Berta E. Hernández-Truyol
UF Law Faculty Publications
Equality is, to be sure, an elusive concept. More often than not, we find it much easier to describe what is unequal (we know it when we see it) than affirmatively to explain equality. This definitional dilemma rises to new heights when courts, in exercising their interpretive legal functions, have to provide all persons the equal protection of the laws."
Over the course of American history and jurisprudence, the Supreme Court itself has a checkered past when it comes to judicial application of rights to equality. In the beginning, there was slavery - the quintessence of unequality - and the …
Guns, Militias And Oklahoma City, Randy E. Barnett
Guns, Militias And Oklahoma City, Randy E. Barnett
Georgetown Law Faculty Publications and Other Works
While this Symposium on "The Second Amendment and the Right to Keep and Bear Arms" was in final stages of production a massive explosion ripped through a federal office building in Oklahoma City, Oklahoma, killing scores of men, women, and children. As this Foreword is being written the final count of casualties is still unknown. Also unknown at this time are the identities of all who were involved in planning and executing this crime. One man is in custody, but to this point he has chosen to remain silent. Another unknown suspect is still at large.'
An Open Letter To Congressman Gingrich, Bruce Ackerman, Akhil Amar, Jack Balkin, Susan Low Bloch, Philip Chase Bobbitt, Richard Fallon, Paul Kahn, Philip Kurland, Douglas Laycock, Sanford Levinson, Frank Michelman, Michael Perry, Robert Post, Jed Rubenfeld, David Strauss, Cass Sunstein, Harry Wellington
An Open Letter To Congressman Gingrich, Bruce Ackerman, Akhil Amar, Jack Balkin, Susan Low Bloch, Philip Chase Bobbitt, Richard Fallon, Paul Kahn, Philip Kurland, Douglas Laycock, Sanford Levinson, Frank Michelman, Michael Perry, Robert Post, Jed Rubenfeld, David Strauss, Cass Sunstein, Harry Wellington
Faculty Scholarship
We urge you to reconsider your proposal to amend the House Rules to require a three-fifths vote for enactment of laws that increase income taxes. This proposal violates the explicit intentions of the Framers. It is inconsistent with the Constitution's language and structure. It departs sharply from traditional congressional practice. It may generate constitutional litigation that will encourage Supreme Court intervention in an area best left to responsible congressional decision.
Unless the proposal is withdrawn now, it will serve as an unfortunate precedent for the proliferation of supermajority rules on a host of different subjects in the future. Over time, …
The Six Companies And The Geary Act: A Case Study In Nineteenth-Century Civil Disobedience And Civil Rights Litigation, Ellen D. Katz
The Six Companies And The Geary Act: A Case Study In Nineteenth-Century Civil Disobedience And Civil Rights Litigation, Ellen D. Katz
Articles
In 1892, the Chinese Consolidated Benevolent Association in San Francisco urged the resident Chinese community to ignore a federal law. The United States Congress had just passed the Geary Act, which required all Chinese laborers living in the United States to register with the collector of internal revenue. Under the act, those who did not register would face arrest and likely deportation. The Benevolent Association, also known as the Six Companies," claimed that the act violated both the constitutional right to due process and treaty obligations with China. To combat the legislation, the association enlisted the assistance of the Chinese …
Setting The Legal Context: What Is The Meaning Of Equal Access To Mental Health Services, Randy Lee, Mary Kate Kearney
Setting The Legal Context: What Is The Meaning Of Equal Access To Mental Health Services, Randy Lee, Mary Kate Kearney
Randy Lee
No abstract provided.
Criminal Procedure Mate: Searches And Seizures, Interrogation, Identifications, And Exclusionary Remedy, Robert Bloom
Criminal Procedure Mate: Searches And Seizures, Interrogation, Identifications, And Exclusionary Remedy, Robert Bloom
Robert M. Bloom
No abstract provided.
Making Conditions Constitutional By Attaching Them To Welfare: The Dangers Of Selective Contextual Ignorance Of The Unconstitutional Conditions Doctrine, Julie Nice
Julie A. Nice
This article examines the lack of judicial consistency in applying the Unconstitutional Conditions doctrine with regard to the same constitutional guarantee but involving different public benefits. Professor Nice posits that the courts frequently apply a lower level of scrutiny when conditions are attached to welfare benefits than when conditions are attached to other types of government benefits. She specifically examines this inconsistency among decisions involving Free Exercise and Takings. She shows that the Supreme Court has reduced its regular level of heightened scrutiny and instead applied Dandridge-style deference to uphold welfare conditions. For example, in a series of free exercises …
Review Of When Death Is Sought: Assisted Suicide And Euthanasia In The Medical Context, By The New York State Task Force On Life And Law, Charles Baron
Charles H. Baron
No abstract provided.
The Road To Mass Democracy: Original Intent And The Seventeenth Amendment, Christopher Hoebeke
The Road To Mass Democracy: Original Intent And The Seventeenth Amendment, Christopher Hoebeke
Christopher H Hoebeke
No abstract provided.
Book Review, Challenging The Hart And Wechsler Paradigm, Mary Brigid Mcmanamon
Book Review, Challenging The Hart And Wechsler Paradigm, Mary Brigid Mcmanamon
Mary Brigid McManamon
No abstract provided.
Vampires Among Us--Does A Grand Jury Subpoena For Blood Violate The Fourth Amendment?, Floralynn Einesman
Vampires Among Us--Does A Grand Jury Subpoena For Blood Violate The Fourth Amendment?, Floralynn Einesman
Floralynn Einesman
Rediscovering The Constitution, Jack Tsen-Ta Lee
Rediscovering The Constitution, Jack Tsen-Ta Lee
Jack Tsen-Ta LEE
The fundamental liberties in our Constitution involve a study of tensions: between an individual's rights and the community's interests, between the role of the judiciary on the one hand and the executive and legislature on the other. How we should interpret them depends on where we think equilibrium should be established. This depends on two main factors. The first is the proper function of the judiciary as laid down by our Constitution, which is discussed in Part I of this article. The second is the nature of our fundamental liberties, for they are worded with varying degrees of generality. ... …
Equal Protection And Sexual Orientation, Jack Tsen-Ta Lee
Equal Protection And Sexual Orientation, Jack Tsen-Ta Lee
Jack Tsen-Ta LEE
Equality is the thread running through the fundamental liberties enshrined in our Constitution. ... Equality, expressed in Art 12 of the [Singapore] Constitution, is also a specific right enforceable by the court. The difficulty comes in applying this deceptively simple concept to real-life situations. ... In considering the validity of legislation, Singapore and Malaysian courts have generally favored rational review, a modest conception of equal protection, unlike their American counterparts which have adopted a more expansive reading in the form of strict and intermediate review. This article examines how these three levels of equal protection review operate, and argues that …
Arbitrariedad, Horacio M. Lynch