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Articles 1 - 14 of 14
Full-Text Articles in Law
Eminent Domain And Unfettered Discretion: Lessons From A History Of U.S. Territorial Takings, Jill M. Fraley
Eminent Domain And Unfettered Discretion: Lessons From A History Of U.S. Territorial Takings, Jill M. Fraley
Scholarly Articles
Eminent domain is a minimal constitutional protection for private property and one that is subject to far more discretion than previously recognized by scholars. This Article traces a novel legal history of land takings within the U.S. Territories, focusing on some of the most egregious and controversial incidents and problematic patterns originating within eminent domain law. Comparing this history to recent research that demonstrates how takings in the States have disproportionately impacted Black communities, this Article articulates three patterns of injustices in takings echoing between Black mainland communities and indigenous communities in the Territories: large-scale federally funded actions, local government …
The Unconstitutional Police, Brandon Hasbrouck
The Unconstitutional Police, Brandon Hasbrouck
Scholarly Articles
Most Fourth Amendment cases arise under a basic fact pattern. Police decide to do something--say, stop and frisk a suspect. They find some crime--say, a gun or drugs--they arrest the suspect, and the suspect is subsequently charged with a crime. The suspect--who is all too often Black--becomes a defendant and challenges the police officers' initial decision as unconstitutional under the Fourth Amendment. The defendant seeks to suppress the evidence against them or perhaps to recover damages for serious injuries under 42 U.S.C. § 1983. The courts subsequently constitutionalize the police officers' initial decision with little or no scrutiny. Effectively, the …
The Future Of Discriminatory Local Ordinances Aimed At Regulating Illegal Immigration, John Ryan Syllaios
The Future Of Discriminatory Local Ordinances Aimed At Regulating Illegal Immigration, John Ryan Syllaios
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Unconstitutionality Of Mississippi's Employment Protection Act And A Framework For Assessing Similar State Immigration Employment Laws, Nicholas Neidzwski
The Unconstitutionality Of Mississippi's Employment Protection Act And A Framework For Assessing Similar State Immigration Employment Laws, Nicholas Neidzwski
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Terms Of Imprisonment: Treating The Noncitizen Offender Equally, Nora V. Demleitner
Terms Of Imprisonment: Treating The Noncitizen Offender Equally, Nora V. Demleitner
Scholarly Articles
Not available.
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.
Effect, Or No Effect: A Comparison Of Prima Facie Standards Applied In "Disparate Impact" Cases Brought Under The Fair Housing Act (Title Viii), Kristopher E. Ahrend
Effect, Or No Effect: A Comparison Of Prima Facie Standards Applied In "Disparate Impact" Cases Brought Under The Fair Housing Act (Title Viii), Kristopher E. Ahrend
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Regulated Practice Of The Jailhouse Lawyer
The Regulated Practice Of The Jailhouse Lawyer
Washington and Lee Law Review
No abstract provided.
State's Power To Require An Individual To Protect Himself
State's Power To Require An Individual To Protect Himself
Washington and Lee Law Review
No abstract provided.
Post-Miranda Retrials Of Pre-Miranda Defendants
Post-Miranda Retrials Of Pre-Miranda Defendants
Washington and Lee Law Review
No abstract provided.
Discriminatory Enforcement Of Blue Laws As Denial Of Equal Protection
Discriminatory Enforcement Of Blue Laws As Denial Of Equal Protection
Washington and Lee Law Review
No abstract provided.
Constitutional Law—Recovery Of Damages For Breach Of Racial Restrictive Covenant In Deed As Violative Of Fourteenth Amendment. [California], Donald S. Latourette
Constitutional Law—Recovery Of Damages For Breach Of Racial Restrictive Covenant In Deed As Violative Of Fourteenth Amendment. [California], Donald S. Latourette
Washington and Lee Law Review
No abstract provided.
Constitutional Law—Application Of Separate But Equal Doctrine To Racial Segregation In Lower Public Schools. [Delaware], J. Hunter Lane Jr.
Constitutional Law—Application Of Separate But Equal Doctrine To Racial Segregation In Lower Public Schools. [Delaware], J. Hunter Lane Jr.
Washington and Lee Law Review
No abstract provided.
Constitutional Law—States' Obligations Under The Equal Protection Clause To Furnish Educational Facilities To Negroes. [United States Supreme Court], Enos Rogers Pleasants Jr.
Constitutional Law—States' Obligations Under The Equal Protection Clause To Furnish Educational Facilities To Negroes. [United States Supreme Court], Enos Rogers Pleasants Jr.
Washington and Lee Law Review
No abstract provided.