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Full-Text Articles in Law

Expressive Harms, "Bizarre Districts," And Voting Rights: Evaluating Election-District Appearances After Shaw V. Reno, Richard H. Pildes, Richard G. Niemi Dec 1993

Expressive Harms, "Bizarre Districts," And Voting Rights: Evaluating Election-District Appearances After Shaw V. Reno, Richard H. Pildes, Richard G. Niemi

Michigan Law Review

This article attempts to define the constitutional principles that characterize Shaw and to suggest how those principles might be applied in a consistent, meaningful way. Part I, in which we argue that Shaw must be understood to rest on a distinctive conception of the kinds of harms against which the Constitution protects, is the theoretical heart of the article. We call these expressive harms, as opposed to more familiar, material harms. In Part II, we briefly survey the history of previous, largely unsuccessful, efforts in other legal contexts to give principled content to these kinds of harms in redistricting. …


Race And Redistricting: Drawing Constitutional Lines After Shaw V. Reno, T. Alexander Aleinikoff, Samuel Isaacharoff Dec 1993

Race And Redistricting: Drawing Constitutional Lines After Shaw V. Reno, T. Alexander Aleinikoff, Samuel Isaacharoff

Michigan Law Review

Shaw is no doubt a major opinion that attempts to define limits on the use of racial or ethnic classifications in electoral redistricting. The main thrust of this article is to assess the critical question of whether Shaw renders unconstitutional the type of race-conscious realignment of electoral configurations that have given meaning to the voting rights reforms of the past two decades. In making this assessment, we try to ascertain exactly how the Court has limited the use of race-conscious districting, and we try to determine whether there is any jurisprudential coherence to the Court's latest confrontation with the law …


Ugly: An Inquiry Into The Problem Of Racial Gerrymandering Under The Voting Rights Act, Daniel D. Polsby, Robert D. Popper Dec 1993

Ugly: An Inquiry Into The Problem Of Racial Gerrymandering Under The Voting Rights Act, Daniel D. Polsby, Robert D. Popper

Michigan Law Review

In the discussion that follows, we focus on the case of congressional districting rather than on districting in general. Although we proceed in this manner for the sake of clarity, it is also true that no single, all-purpose normative theory of electoral mechanics will cover every case of democratic representation, from county commissions to mosquito control districts to sovereign legislatures. We do not claim that one can generalize our argument to every sort of election to which the VRA might apply. Yet we think our argument does approximate a theory of general application.


Pruett V. Thompson 996 F.2d 1560 (4th Cir. 1993) Sep 1993

Pruett V. Thompson 996 F.2d 1560 (4th Cir. 1993)

Capital Defense Journal

No abstract provided.


Mueller V. Virginia 113 S. Ct. 1880 (1993) Sep 1993

Mueller V. Virginia 113 S. Ct. 1880 (1993)

Capital Defense Journal

No abstract provided.


Dubois V. Commonwealth 435 S.E. 2d 636 (Va. 1993) Sep 1993

Dubois V. Commonwealth 435 S.E. 2d 636 (Va. 1993)

Capital Defense Journal

No abstract provided.


Godinez V. Moran 113 S. Ct. 2680 (1993) Sep 1993

Godinez V. Moran 113 S. Ct. 2680 (1993)

Capital Defense Journal

No abstract provided.


Sullivan V. Louisiana 113 S. Ct. 2078 (1993) Sep 1993

Sullivan V. Louisiana 113 S. Ct. 2078 (1993)

Capital Defense Journal

No abstract provided.


Smith V. Dixon 996 F.2d 667 (4th Cir. 1993) Sep 1993

Smith V. Dixon 996 F.2d 667 (4th Cir. 1993)

Capital Defense Journal

No abstract provided.


Wright V. Commonwealth 245 Va. 177, 427 S.E.2d 379 (1993) Sep 1993

Wright V. Commonwealth 245 Va. 177, 427 S.E.2d 379 (1993)

Capital Defense Journal

No abstract provided.


If The Eye Offend Thee, Turn Off The Color, John Harrison May 1993

If The Eye Offend Thee, Turn Off The Color, John Harrison

Michigan Law Review

A Review of The Color-Blind Constitution by Andrew Kull


State Restrictions On Violent Expression: The Impropriety Of Extending An Obscenity Analysis, Jessalyn Hershinger Mar 1993

State Restrictions On Violent Expression: The Impropriety Of Extending An Obscenity Analysis, Jessalyn Hershinger

Vanderbilt Law Review

A group of minors allegedly attacked a nine-year-old girl at a San Francisco beach and "artificially raped" her with a bottle. The minors attacked the girl after watching and discussing a television network movie that portrayed a similar rape. The victim sued the network, claiming that it was negligent in airing the program.' In Miami Beach, a teenage boy shot and killed his eighty-three- year-old neighbor. Following his conviction, the minor sued three television networks for damages, alleging that a decade of viewing extensive television violence had incited him to imitate the acts that he had seen. Nineteen-year-old John McCollum …


Morgan V. Illinois: The Supreme Court Supports The Right Of A Capital Defendant To An Impartial Sentencing Jury, Thomas J. Eme Jan 1993

Morgan V. Illinois: The Supreme Court Supports The Right Of A Capital Defendant To An Impartial Sentencing Jury, Thomas J. Eme

Loyola University Chicago Law Journal

No abstract provided.


Native American Inmates And Prison Grooming Regulations: Today's Justified Scalps: Iron Eyes V. Henry, William Norman Jan 1993

Native American Inmates And Prison Grooming Regulations: Today's Justified Scalps: Iron Eyes V. Henry, William Norman

American Indian Law Review

No abstract provided.


Double Jeopardy Jan 1993

Double Jeopardy

Touro Law Review

No abstract provided.


Real Property Taxation And Regulation, Honorable Leon D. Lazer Jan 1993

Real Property Taxation And Regulation, Honorable Leon D. Lazer

Touro Law Review

No abstract provided.


Constitutional Posture Of Canine Sniffs, Lina Shahin Jan 1993

Constitutional Posture Of Canine Sniffs, Lina Shahin

Touro Law Review

No abstract provided.


Freedom Of Speech And Press Jan 1993

Freedom Of Speech And Press

Touro Law Review

No abstract provided.


Federalism, The Commerce Clause, And Equal Protection, Leon Friedman Jan 1993

Federalism, The Commerce Clause, And Equal Protection, Leon Friedman

Touro Law Review

No abstract provided.