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Articles 1 - 20 of 20
Full-Text Articles in Law
The Second Amendment: Structure, History, And Constitutional Change, David Yassky
The Second Amendment: Structure, History, And Constitutional Change, David Yassky
Michigan Law Review
A fierce debate about the Second Amendment has been percolating in academia for two decades, and has now bubbled through to the courts. The question at the heart of this debate is whether the Amendment restricts the government's ability to regulate the private possession of firearms. Since at least 1939 - when the Supreme Court decided United States v. Miller, its only decision squarely addressing the scope of the right to "keep and bear Arms" - the answer to that question has been an unqualified "no." Courts have brushed aside Second Amendment challenges to gun control legislation, reading the Amendment …
Evans V. Smith 220 F.3d 306 (4th Cir. 2000)
Evans V. Smith 220 F.3d 306 (4th Cir. 2000)
Capital Defense Journal
No abstract provided.
Bailey V. Commonwealth 529 S.E.2d 570 (Va. 2000)
Bailey V. Commonwealth 529 S.E.2d 570 (Va. 2000)
Capital Defense Journal
No abstract provided.
Baker V. Corcoran 220 F.3d 276 (4th Cir. 2000)
Baker V. Corcoran 220 F.3d 276 (4th Cir. 2000)
Capital Defense Journal
No abstract provided.
Barnabei V. Angelone 214 F.3d 463 (4th Cir. 2000)
Barnabei V. Angelone 214 F.3d 463 (4th Cir. 2000)
Capital Defense Journal
No abstract provided.
United States V. Barnette 211 F.3d 803 (4th Cir. 2000)
United States V. Barnette 211 F.3d 803 (4th Cir. 2000)
Capital Defense Journal
No abstract provided.
Healing The Blind Goddess: Race And Criminal Justice, Mark D. Rosenbaum, Daniel P. Tokaji
Healing The Blind Goddess: Race And Criminal Justice, Mark D. Rosenbaum, Daniel P. Tokaji
Michigan Law Review
Once again, issues of race, ethnicity, and class within our criminal justice system have been thrust into the public spotlight. On both sides of the country, in our nation's two largest cities, police are being called to account for acts of violence directed toward poor people of color. In New York City, a West African immigrant named Amadou Diallo was killed by four white police officers, who fired forty-one bullets at the unarmed man as he stood in the vestibule of his apartment building in a poor section of the Bronx. Did race influence the officers' decisions to fire the …
Mistaken Identity: Unveiling The Property Characteristics Of Political Money, Spencer A. Overton
Mistaken Identity: Unveiling The Property Characteristics Of Political Money, Spencer A. Overton
Vanderbilt Law Review
This Article argues that money contributed to and spent on political campaigns ('political money") possesses many of the traits that explain judicial respect for regulation of property, and that courts reviewing restrictions on political money should consider doctrines associated with the Fifth and Fourteenth Amendment Property Clauses. As evidenced by the different degrees of respect afforded to regulations of property and speech, judicial treatment of a particular liberty interest can be explained by the presence and particular posturing of distinct functional issues such as distrust, scarcity, distribution, and interference with others' interests. Campaign finance jurisprudence, however, has categorized political money …
Because We Love You, Rosemary B. Quigley
Because We Love You, Rosemary B. Quigley
Michigan Law Review
I remember the impotence I felt on the eve of the Gulf War in January 1991. No one could have known at that moment what a brief conflict it would be. We had every reason to believe that the Middle East would be hurled into turmoil. And if protracted war ensued, a draft would surely follow. I watched my college boyfriend sink into despair, with the help of a Bob Mould CD, at the prospect of being called to give his life for his country. I remained uncharacteristically mute. In the face of this battle, our positions were too unequal …
When The Classroom Speaks: A Public University's First Amendment Right To A Race-Conscious Admissions Policy, Alfred B. Gordon
When The Classroom Speaks: A Public University's First Amendment Right To A Race-Conscious Admissions Policy, Alfred B. Gordon
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Defining The Agenda: A New Struggle For African-American Women In The Fight For Reproductive Self-Determination, Melanie M. Lee
Defining The Agenda: A New Struggle For African-American Women In The Fight For Reproductive Self-Determination, Melanie M. Lee
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Litigation In The United States And Mexico: A Comparative Overview, Robert M. Kossick, Jr.
Litigation In The United States And Mexico: A Comparative Overview, Robert M. Kossick, Jr.
University of Miami Inter-American Law Review
No abstract provided.
Paths To Protection: A Comparison Of Federal Protection Based On Disability And Sexual Orientation, Kyle C. Velte
Paths To Protection: A Comparison Of Federal Protection Based On Disability And Sexual Orientation, Kyle C. Velte
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Birthright Citizenship In The United Kingdom And The United States, Michael Robert W. Houston
Birthright Citizenship In The United Kingdom And The United States, Michael Robert W. Houston
Vanderbilt Journal of Transnational Law
The common law concept of territorial birthright citizenship is the foundation for the Fourteenth Amendment's Citizenship Clause, which confers citizenship on those born within the United States and "subject" to its "jurisdiction." Likewise territorial underpinnings were the basis for over 375 years of birthright citizenship within the United Kingdom. Contemporary discourse with respect to territorial birthright citizenship, however, has shifted from its common law basis and now focuses on whether citizenship ought to inhere in children born to illegal immigrants. In the United Kingdom, the British Nationality Act of 1981 abandoned territorial birthright citizenship in favor of parentage based citizenship. …
Are State-Supported Historically Black Colleges And Universities Justifiable After Fordice?—A Higher Education Dilemma, John A. Moore
Are State-Supported Historically Black Colleges And Universities Justifiable After Fordice?—A Higher Education Dilemma, John A. Moore
Florida State University Law Review
No abstract provided.
Angry White Males: The Equal Protection Clause And "Classes Of One", Timothy Zick
Angry White Males: The Equal Protection Clause And "Classes Of One", Timothy Zick
Kentucky Law Journal
No abstract provided.
Equal Protection, Rational Basis Review, And The Impact Of Cleburne Living Center, Inc., Richard B. Saphire
Equal Protection, Rational Basis Review, And The Impact Of Cleburne Living Center, Inc., Richard B. Saphire
Kentucky Law Journal
No abstract provided.
Cracking The Code: "De-Coding" Colorblind Slurs During The Congressional Crack Cocaine Debates, Richard Dvorak
Cracking The Code: "De-Coding" Colorblind Slurs During The Congressional Crack Cocaine Debates, Richard Dvorak
Michigan Journal of Race and Law
This article proposes "de-coding" as a method for unveiling the racist purpose behind the enactment of race-neutral legislation. Through the use of "code words," defined as “phrases and symbols which refer indirectly to racial themes, but do not directly challenge popular democratic or egalitarian ideals,” legislators can appeal to racist sentiments without appearing racist. More importantly, they can do so without leaving evidence that can be traced back as an intent to discriminate. This article proposes to use "de-coding" as a method to unmask the racist purpose behind the enactment of the 100:1 crack versus powder cocaine ratio for mandatory …
Ending Male Privilege: Beyond The Reasonable Woman, Stephanie M. Wildman
Ending Male Privilege: Beyond The Reasonable Woman, Stephanie M. Wildman
Michigan Law Review
A Law of Her Own: The Reasonable Woman as a Measure of Man by Caroline A. Forell and Donna M. Matthews aspires to provide a solution for an enigmatic jurisprudential problem - the systemic failure of the legal order to recognize and to redress the injuries that women experience. Feminist scholars have agreed that, for women, the legal separation of public and private spheres often insulates from legal review behavior that harms women. But even in the so-called public sphere, women suffer harms that remain invisible and unnamed. The authors identify four legal arenas in which the "spectrum of violence …
Section 1983 Litigation - Supreme Court Developments, Martin A. Schwartz
Section 1983 Litigation - Supreme Court Developments, Martin A. Schwartz
Touro Law Review
No abstract provided.