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Articles 1 - 14 of 14
Full-Text Articles in Law
Some Objections To Strict Liability For Constitutional Torts, Michael Wells
Some Objections To Strict Liability For Constitutional Torts, Michael Wells
Scholarly Works
Qualified immunity protects officials from damages for constitutional violations unless they have violated "clearly established" rights. Local governments enjoy no immunity, but they may not be sued on a vicarious liability theory for constitutional violations committed by their employees. Critics of the current regime would overturn these rules in order to vindicate constitutional rights and deter violations.
This Article argues that across-the-board abolition of these limits on liability would be unwise as the costs would outweigh the benefits. In some contexts, however, exceptions may be justified. Much of the recent controversy surrounding qualified immunity involves suits in which police officers …
Originalism From The Soft Southern Strategy To The New Right: The Constitutional Politics Of Sam Ervin Jr, Logan E. Sawyer Iii
Originalism From The Soft Southern Strategy To The New Right: The Constitutional Politics Of Sam Ervin Jr, Logan E. Sawyer Iii
Scholarly Works
Although originalism’s emergence as an important theory of constitutional interpretation is usually attributed to efforts by the Reagan administration, the role the theory played in the South’s determined resistance to civil rights legislation in the 1960s actually helped create the Reagan coalition in the first place. North Carolina Senator Sam Ervin Jr., the constitutional theorist of the Southern Caucus, developed and deployed originalism because he saw its potential to stymie civil rights legislation and stabilize a Democratic coalition under significant stress. Ervin failed in those efforts, but his turn to originalism had lasting effects. The theory helped Ervin and other …
Discriminatory Dualism, Sarah L. Swan
Discriminatory Dualism, Sarah L. Swan
Georgia Law Review
This Article identifies and theorizes a significant but
previously overlooked feature of structural
discrimination: it frequently develops into two seemingly
opposing, yet in fact mutually supportive practices. This
“discriminatory dualism” occurs in multiple contexts,
including policing, housing, and employment. In
policing, communities of color experience overpolicing
(i.e., the aggressive overenforcement of petty crime) at the
same time as they experience underpolicing (i.e., the
persistent failure to address violent crime). In housing,
redlining (i.e., the denial of credit to aspiring
homeowners based on race) combines with reverse
redlining (i.e., the over-offering of credit on exploitative
terms) to suppress minority homeownership. And …
Retaliation: 462 Clark County School District V. Breeden, 532 U.S. 268 (2001), Rebecca White
Retaliation: 462 Clark County School District V. Breeden, 532 U.S. 268 (2001), Rebecca White
Scholarly Works
Clark County School District v. Breeden, to my mind, has always been a sleeper case. A per curiam opinion, it takes up no more than five pages in the US reports, yet when I taught this case to my employment discrimination students, we often would spend a full class period – and sometimes more – on it. Why? Because it presents virtually every issue that can crop up under section 704 of Title VII of the Civil Rights Act of 1964, the statute’s antiretaliation provision.
Bias In, Bias Out, Sandra G. Mayson
Bias In, Bias Out, Sandra G. Mayson
Scholarly Works
Police, prosecutors, judges, and other criminal justice actors increasingly use algorithmic risk assessment to estimate the likelihood that a person will commit future crime. As many scholars have noted, these algorithms tend to have disparate racial impact. In response, critics advocate three strategies of resistance: (1) the exclusion of input factors that correlate closely with race, (2) adjustments to algorithmic design to equalize predictions across racial lines, and (3) rejection of algorithmic methods altogether.
This Article’s central claim is that these strategies are at best superficial and at worst counterproductive, because the source of racial inequality in risk assessment lies …
Voting Rights And The History Of Institutionalized Racism: Criminal Disenfranchisement In The United States And South Africa, Brock A. Johnson
Voting Rights And The History Of Institutionalized Racism: Criminal Disenfranchisement In The United States And South Africa, Brock A. Johnson
Georgia Journal of International & Comparative Law
No abstract provided.
What Is (And Isn't) Healthism, Jessica L. Roberts, Elizabeth Weeks Leonard
What Is (And Isn't) Healthism, Jessica L. Roberts, Elizabeth Weeks Leonard
Scholarly Works
What does it mean to discriminate on the basis of health status? Health is, of course, relevant in a number of ways. It can speak to the length of our lives, our ability to perform mentally and physically, our need for health care, and our risk of injury and incapacity. But the mere relevance of a particular attribute does mean that considering it should be legally permissible. Moreover, the potential harms that may result from health-status discrimination raise important moral questions. This Essay explores when differentiating on the basis of health is socially acceptable and, by contrast, when it is …
Human Rights In The World Community: Issues And Action. Eds. Richard Pierre Claude And Burns H. Weston. Philadelphia, Pennsylvania: University Of Pennsylvania Press, 1989. Pp. 376., Ranee K. L. Panjabi
Human Rights In The World Community: Issues And Action. Eds. Richard Pierre Claude And Burns H. Weston. Philadelphia, Pennsylvania: University Of Pennsylvania Press, 1989. Pp. 376., Ranee K. L. Panjabi
Georgia Journal of International & Comparative Law
No abstract provided.
The "Blank Stare Phenomenon": Proving Customary International Law In U.S. Courts, Paul L. Hoffman
The "Blank Stare Phenomenon": Proving Customary International Law In U.S. Courts, Paul L. Hoffman
Georgia Journal of International & Comparative Law
No abstract provided.
The Enhanced Proliferation Control Initiative: National Security Necessity Or Unconstitutionally Vague?, Daniel H. Joyner
The Enhanced Proliferation Control Initiative: National Security Necessity Or Unconstitutionally Vague?, Daniel H. Joyner
Georgia Journal of International & Comparative Law
No abstract provided.
Equality And The European Union, Elizabeth F. Defeis
Equality And The European Union, Elizabeth F. Defeis
Georgia Journal of International & Comparative Law
No abstract provided.
A Snitch In Time: An Historical Sketch Of Black Informing During Slavery, Andrea L. Dennis
A Snitch In Time: An Historical Sketch Of Black Informing During Slavery, Andrea L. Dennis
Scholarly Works
This article sketches the socio-legal creation, use, and regulation of informants in the Black community during slavery and the Black community’s response at that time. Despite potentially creating benefits such as crime control and sentence reduction, some Blacks today are convinced that cooperation with government investigations and prosecutions should be avoided. One factor contributing to this perspective is America’s reliance on Black informants to police and socially control Blacks during slavery, the Civil Rights Movement, and the Wars on Drugs, Crime and Gangs. Notwithstanding this historical justification for non-cooperation, only a few informant law and policy scholars have examined closely …
A Tale Of Prosecutorial Indiscretion: Ramsey Clark And The Selective Non-Prosecution Of Stokely Carmichael, Lonnie T. Brown
A Tale Of Prosecutorial Indiscretion: Ramsey Clark And The Selective Non-Prosecution Of Stokely Carmichael, Lonnie T. Brown
Scholarly Works
During the height of the Vietnam War and one of the most volatile periods of the civil rights movement, then-Attorney General Ramsey Clark controversially resisted intense political pressure to prosecute Black Power originator and antiwar activist Stokely Carmichael. Taken in isolation, this decision may seem courageous and praiseworthy, but when considered against the backdrop of Clark’s contemporaneous prosecution of an all-white group of similarly situated anti-draft leaders (the so-called Boston Five), his exercise of prosecutorial discretion becomes suspect. Specifically, the Boston Five were prosecuted in 1968 for conspiracy to aid and abet draft evasion, a charge for which the evidence …
Public Health Law For A Brave New World; Book Review: Lawrence O. Gostin, Public Health Law: Power, Duty, Restraint, Elizabeth Weeks Leonard
Public Health Law For A Brave New World; Book Review: Lawrence O. Gostin, Public Health Law: Power, Duty, Restraint, Elizabeth Weeks Leonard
Scholarly Works
This is book review of Lawrence O. Gostin's new edition of Public Health Law: Power, Duty, Restraint (University of California Press, Berkeley, California, 2d ed., 2008). A review of a second edition of a book may be somewhat unusual as subsequent editions of already published works typically do not break new ground. But this book is different. Gostin's first edition, published in 2000, established and defined the modern field of public health law. The revised and expanded second edition emerges in the post-9/11, post-Katrina, post-Bush world. Gostin now seeks to apply public health paradigms to social problems beyond the field's …