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Full-Text Articles in Law
When Immigration Borders Move, Huyen T. Pham
When Immigration Borders Move, Huyen T. Pham
Huyen T. Pham
With our recent immigration enforcement efforts, we have created a new paradigm of moving borders: laws enacted at all levels of government that require proof of legal immigration status in order to obtain essential benefits like a driver’s license, a job, and rental housing. Without proof of legal status, the applicant is denied an important benefit; after cumulative denials, the applicant can be effectively denied the ability to live in the United States. What are the implications of moving border laws? Now, more than ever, proof of legal immigration status has become centrally important, not just to gain admission at …
Critical Error, Bryan L. Adamson
Critical Error, Bryan L. Adamson
Bryan L Adamson
Critical Error raises a novel double standard: while fact-specific trial court findings of actual malice are reviewed under the “independent judgment” standard (a wholesale re-weighting of the trial court record and decision) on appeal, intentional race discrimination findings are reviewed under the far more deferential Federal Rule of Civil Procedure 52 clear error standard. Both legal concepts are arrived at through assessing state-of-mind determinations; both directly trigger constitutional proscriptions. Only actual malice, however, is classified as a constitutional fact, thus taking it out of the more deferential standard of review. The Supreme Court has failed to clarify this important procedural …
The Gay Agenda, Libby Adler
The Gay Agenda, Libby Adler
Libby S. Adler
The Gay Agenda argues that the current gay rights agenda has been overly determined by the culture war and calls for a deliberate step outside of culture war discourse in order to see law reform possibilities that have largely been obscured. When anti-gay forces speak in terms of traditional family values, the paper observes, pro-gay rejoinders tend to come in the form of rights claims accompanied by rhetorical efforts to depict the gay family as morally indistinct from an idealized version of the heterosexual family (i.e., monogamous, bourgeois, and more about love than sex). These dual strategies of rights—especially equality—and …
Constitutional Torts: Cases, Comments And Questions (With M. Wells & T. Eaton) (2d Ed. 2004 & Supp. 2008), Sheldon Nahmod
Constitutional Torts: Cases, Comments And Questions (With M. Wells & T. Eaton) (2d Ed. 2004 & Supp. 2008), Sheldon Nahmod
Sheldon Nahmod
No abstract provided.
Green-Lighting Brown: A Cumulative-Process Conception Of Judicial Impact, Vincent James Strickler
Green-Lighting Brown: A Cumulative-Process Conception Of Judicial Impact, Vincent James Strickler
Vincent James Strickler
Disagreement over the meaning and power of Brown v. Board of Education is part of a larger debate about the capacity of the courts to influence social change. A “down with Brown” movement denies that the iconic case changed America. But, an examination of 68 United States Supreme Court cases (particularly the paradigm-shifting case of Green v. County School Board) and 414 Federal District Court cases, from 1944 through 1974, reveals a cumulative-judicial process that correlates well (and better than legislative efforts) with actual desegregation successes. Considering a “Green-lighted” Brown, rather than the historic case in isolation, better reveals the …