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Articles 1 - 30 of 37
Full-Text Articles in Law
Righteous Shooting, Unreasonable Seizure? The Relevance Of An Officer's Pre-Seizure Conduct In An Excessive Force Claim, Aaron Kimber
Righteous Shooting, Unreasonable Seizure? The Relevance Of An Officer's Pre-Seizure Conduct In An Excessive Force Claim, Aaron Kimber
William & Mary Bill of Rights Journal
No abstract provided.
Not So Landmark After All? Lawrence V. Texas: Classical Liberalism And Due Process Jurisprudence, Davin J. Hall
Not So Landmark After All? Lawrence V. Texas: Classical Liberalism And Due Process Jurisprudence, Davin J. Hall
William & Mary Bill of Rights Journal
No abstract provided.
Beyond Gay Rights: Lawrence V. Texas And The Promise Of Liberty, Philip Chapman
Beyond Gay Rights: Lawrence V. Texas And The Promise Of Liberty, Philip Chapman
William & Mary Bill of Rights Journal
No abstract provided.
Turning The Page On Section 5: The Implication Of Multiracial Coalition Districts On Section 5 Of The Voting Rights Act, Daniel A. Zibel
Turning The Page On Section 5: The Implication Of Multiracial Coalition Districts On Section 5 Of The Voting Rights Act, Daniel A. Zibel
Michigan Law Review
This Note analyzes the use of coalition districts in light of current section 5 and equal protection jurisprudence and argues that, in some circumstances, the Equal Protection Clause compels the use of coalition districts to achieve non retrogression under section 5. Part I examines the use of coalition districts, using the litigation in Page v. Bartels as an example. It then argues that the Supreme Court's opinion in Georgia v. Ashcroft permits jurisdictions to create viable racial coalition districts to comply with section 5. Part II argues that while Georgia v. Ashcroft permits the use of coalition districts to achieve …
Richmond V. Polk 375 F.3d 309 (4th Cir. 2004)
Richmond V. Polk 375 F.3d 309 (4th Cir. 2004)
Capital Defense Journal
No abstract provided.
Foreword: Pursuing Equal Justice In The West, Lynne Henderson
Foreword: Pursuing Equal Justice In The West, Lynne Henderson
Nevada Law Journal
No abstract provided.
Foreword: Loving Lawrence, Pamela S. Karlan
Foreword: Loving Lawrence, Pamela S. Karlan
Michigan Law Review
Two interracial couples. Two cases. Two clauses. In Loving v. Virginia, the Supreme Court struck down a Virginia statute outlawing interracial marriage. In Lawrence v. Texas, the Court struck down a Texas statute outlawing sexual activity between same-sex individuals. Each case raised challenges under both the Equal Protection Clause and the Due Process Clause of the Fourteenth Amendment.
Euthanasia In America - Past, Present, And Future: A Review Of A Merciful End And Forced Exit, Edward J. Larson
Euthanasia In America - Past, Present, And Future: A Review Of A Merciful End And Forced Exit, Edward J. Larson
Michigan Law Review
Nearly 170 years ago, in the classic first volume of his Democracy in America, Alexis de Tocqueville observed, "Scarcely any political question arises in the United States that is not resolved, sooner or later, into a judicial question." De Tocqueville viewed this as a peculiarly U.S. development. He attributed it to the authority of the judiciary in the United States to review governmental enactments and establish individual rights based on judicial interpretation of the federal and state constitution. "Whenever a law that the judge holds to be unconstitutional is invoked in a tribunal of the United States, he may …
Generalizing Disability, Michael Ashley Stein
Generalizing Disability, Michael Ashley Stein
Michigan Law Review
Published in 1949, Joseph Tussman and Jacobus tenBroek's article The Equal Protection of the Laws has exerted longstanding influence on subsequent Fourteenth Amendment scholarship. Insightfully, Tussman and tenBroek identified a paradox: although the very notion of equality jurisprudence is a "pledge of the protection of equal laws," laws themselves frequently classify individuals, and "the very idea of classification is that of inequality." Notably, classification raises two sometimes concurrent varieties of inequality: over-inclusiveness and under-inclusiveness. Of these, over-inclusiveness is a more egregious equal protection violation due to its ability to "reach out to the innocent bystander, the hapless victim of circumstance …
Reflections On Brown, Paul D. Carrington
Reflections On Brown, Paul D. Carrington
The Journal of Appellate Practice and Process
No abstract provided.
Introduction: Brown In The Supreme Court, Dennis J. Hutchinson
Introduction: Brown In The Supreme Court, Dennis J. Hutchinson
The Journal of Appellate Practice and Process
No abstract provided.
Back To Basics: Returning To The Matter Of Black Inferiority And White Supremacy In The Post-Brown Era, Regina Austin
Back To Basics: Returning To The Matter Of Black Inferiority And White Supremacy In The Post-Brown Era, Regina Austin
The Journal of Appellate Practice and Process
No abstract provided.
Litigation Campaigns And The Search For Constitutional Rules, Mark V. Tushnet
Litigation Campaigns And The Search For Constitutional Rules, Mark V. Tushnet
The Journal of Appellate Practice and Process
No abstract provided.
Enforcing Brown In The Little Rock Crisis, Tony A. Freyer
Enforcing Brown In The Little Rock Crisis, Tony A. Freyer
The Journal of Appellate Practice and Process
No abstract provided.
Brown Et Al. V. Board Of Education Of Topeka Et Al., 347 U.S. 483 (1954), Supreme Court Of The United States
Brown Et Al. V. Board Of Education Of Topeka Et Al., 347 U.S. 483 (1954), Supreme Court Of The United States
The Journal of Appellate Practice and Process
No abstract provided.
Voices Of The Brown Generation: Description Of A Project, Mildred Wigfall Robinson
Voices Of The Brown Generation: Description Of A Project, Mildred Wigfall Robinson
The Journal of Appellate Practice and Process
No abstract provided.
A Time To Lose, D. P. Marshall Jr.
A Time To Lose, D. P. Marshall Jr.
The Journal of Appellate Practice and Process
No abstract provided.
Symposium Discussion
The Journal of Appellate Practice and Process
No abstract provided.
Speech On Brown V. Board Of Education, May 1, 1981, Paul E. Wilson
Speech On Brown V. Board Of Education, May 1, 1981, Paul E. Wilson
The Journal of Appellate Practice and Process
No abstract provided.
Did The Government Finally Get It Right? An Analysis Of The Former Ins, The Office Of Refugee Resettlement And Unaccompanied Minor Aliens' Due Process Rights, Jessica G. Taverna
Did The Government Finally Get It Right? An Analysis Of The Former Ins, The Office Of Refugee Resettlement And Unaccompanied Minor Aliens' Due Process Rights, Jessica G. Taverna
William & Mary Bill of Rights Journal
No abstract provided.
Wilson V. Ozmint 352 F.3d 847 (4th Cir. 2003)
Wilson V. Ozmint 352 F.3d 847 (4th Cir. 2003)
Capital Defense Journal
No abstract provided.
Palmer V. Clarke 293 F. Supp. 2d 1011 (D. Neb. 2003)
Palmer V. Clarke 293 F. Supp. 2d 1011 (D. Neb. 2003)
Capital Defense Journal
No abstract provided.
Prejudiced By The Presence Of God: Keeping Religious Material Out Of Death Penalty Deliberations, Terrence T. Egland
Prejudiced By The Presence Of God: Keeping Religious Material Out Of Death Penalty Deliberations, Terrence T. Egland
Capital Defense Journal
No abstract provided.
Lovitt V. Warden 585 S.E.2d 801 (Va. 2003)
Lovitt V. Warden 585 S.E.2d 801 (Va. 2003)
Capital Defense Journal
No abstract provided.
Brown V. Luebbers 344 F.3d 770 (8th Cir. 2003)
Brown V. Luebbers 344 F.3d 770 (8th Cir. 2003)
Capital Defense Journal
No abstract provided.
Even Aliens Are Entitled To Due Process: Extending Mathews V. Eldridge Balancing To Board Of Immigration Appeals Procedural Reform, Bradley J. Wyatt
Even Aliens Are Entitled To Due Process: Extending Mathews V. Eldridge Balancing To Board Of Immigration Appeals Procedural Reform, Bradley J. Wyatt
William & Mary Bill of Rights Journal
No abstract provided.
Not So Meaningful Anymore: Why A Law Library Is Required To Make A Prisoner's Access To The Courts Meaningful, Joseph A. Schouten
Not So Meaningful Anymore: Why A Law Library Is Required To Make A Prisoner's Access To The Courts Meaningful, Joseph A. Schouten
William & Mary Law Review
No abstract provided.
Splitting Hairs: Why Courts Uphold Prison Grooming Policies And Why They Should Not, Mara R. Schneider
Splitting Hairs: Why Courts Uphold Prison Grooming Policies And Why They Should Not, Mara R. Schneider
Michigan Journal of Race and Law
Part I of this Note describes the substance of prison grooming policies and provides a sampling of cases that have challenged these policies under the Equal Protection and Free Exercise Clauses. Part II explores three theories of discrimination that describe certain types of discriminatory conduct that could be prohibited by the Equal Protection and Free Exercise Clauses. These theories inform the definition of "equal protection of the laws" and impact the analysis of equal protection challenges to prison grooming policies. Part III explores the "religious exemptions" doctrine and explains how courts have interpreted the protections offered to religious groups by …
Brown And Tee-Hit-Ton, Earl M. Maltz
Family Leave Policies Trump States Rights: Nevada Department Of Human Resources V. Hibbs And Its Impact Of Sovereign Immunity Jurisprudence, 37 J. Marshall L. Rev. 599 (2004), Jana L. Tibben
UIC Law Review
No abstract provided.