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Constitutionalism And The Extreme Poor: New-Dred Scott And The Contemporary "Discrete And Insular Minorities", John A. Powell
Constitutionalism And The Extreme Poor: New-Dred Scott And The Contemporary "Discrete And Insular Minorities", John A. Powell
john a. powell
This symposium issue addresses a range of questions concerning the Constitution and the poor. In this Essay, I will share some initial thoughts responsive to what has already been presented in this issue of the Drake Law Review and what was discussed during the symposium, and then I will turn to the question at hand and attempt to introduce a few new ideas into the discussion. First, I will address an issue raised by Mr. Shapiro. When I posed the question to him regarding which period, in his view, best represented an appropriate constitutional interpretation and understanding, he answered with …
Corporate Prerogative, Race, And Identity Under The Fourteenth Amendment, John A. Powell, Caitlin Watt
Corporate Prerogative, Race, And Identity Under The Fourteenth Amendment, John A. Powell, Caitlin Watt
john a. powell
The article describes an observation made by Justice Hugo Black in the case Connecticut General Life Insurance v. Johnson in 1937. According to Black, less than one-half of 1% of the cases reaching the U.S. Supreme Court under the Fourteenth Amendment had anything to do with blacks or freed slaves, while more than 50% of cases reaching the Court were about corporations. It recounts the early civil rights under the Fourteenth Amendment and the scholarly work on civil rights and corporate history before and after reconstruction.
Parents Involved: The Mantle Of Brown, The Shadow Of Plessy, John A. Powell, Stephen Menendian
Parents Involved: The Mantle Of Brown, The Shadow Of Plessy, John A. Powell, Stephen Menendian
john a. powell
The article explores the historical interpretations of the Fourteenth Amendment and the Supreme Court's ruling in the Parents Involved case. It argues that the Court's anticlassification principle is not supported by the central meaning and legacy of Brown. It states that the decision has changed the meaning of Brown via adopting formal equality as a normative constitutional principle. It adds that the court dismisses the harm of segregation and stresses the harm of racial classification.
Reflections On The Past, Looking To The Future: The Fair Housing Act At 40, John A. Powell
Reflections On The Past, Looking To The Future: The Fair Housing Act At 40, John A. Powell
john a. powell
A summary is presented of the Fair Housing Act that was introduced in the U.S. 40 years ago to address the housing challenges.