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Articles 1 - 30 of 41
Full-Text Articles in Law
The Antiracist Constitution, Brandon Hasbrouck
The Antiracist Constitution, Brandon Hasbrouck
Scholarly Articles
Our Constitution, as it is and as it has been interpreted by our courts, serves white supremacy. The twin projects of abolition and reconstruction remain incomplete, derailed first by openly hostile institutions, then by the subtler lie that a colorblind Constitution would bring about the end of racism. Yet, in its debut in Supreme Court jurisprudence, colorblind constitutionalism promised that facially discriminatory laws were unnecessary for the perpetuation of white supremacy. That promise has been fulfilled across nearly every field of law as modern white supremacists adopt insidious, facially neutral laws to ensure the oppression of Black people and other …
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 …
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.
First English Evangelical Lutheran Church Of Glendale V. County Of Los Angeles, California, Lewis F. Powell, Jr.
First English Evangelical Lutheran Church Of Glendale V. County Of Los Angeles, California, Lewis F. Powell, Jr.
Supreme Court Case Files
No abstract provided.
Rock V. Arkansas, Lewis F. Powell, Jr.
Colorado V. Connelly, Lewis F. Powell Jr.
Colorado V. Connelly, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Regents Of The University Of Michigan V. Ewing, Lewis F. Powell Jr.
Regents Of The University Of Michigan V. Ewing, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Ake V. Oklaboma, Lewis F. Powell Jr.
Cleveland Board Of Education V. Loudermill, Lewis F. Powell Jr.
Cleveland Board Of Education V. Loudermill, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Black V. Romano, Lewis F. Powell, Jr.
Schall V. Martin, Lewis F. Powell, Jr.
Smith V. Robinson, Lewis F. Powell Jr.
Martinez V. Bynum, Lewis F. Powell Jr.
Crawford V. Board Of Education Of City Of Los Angeles, Lewis F. Powell Jr.
Crawford V. Board Of Education Of City Of Los Angeles, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Loretto V. Teleprompter, Lewis F. Powell Jr.
Loretto V. Teleprompter, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Committee For Public Education And Religious Liberty V. Regan, Lewis F. Powell Jr.
Committee For Public Education And Religious Liberty V. Regan, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Agins V. City Of Tiburon, Lewis F. Powell Jr.
Agins V. City Of Tiburon, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Bell V. Wolfish, Lewis F. Powell, Jr.
Ambach V. Norwick, Lewis F. Powell Jr.
Scott V. Illinois, Lewis F. Powell Jr.
Zablocki V. Redhail, Lewis F. Powell Jr.
Zablocki V. Redhail, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Penn Central Transportation Company V. New York City, Lewis F. Powell Jr.
Penn Central Transportation Company V. New York City, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
New York V. Cathedral Academy, Lewis F. Powell Jr.
New York V. Cathedral Academy, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Board Of Curators Of The University Of Missouri V. Horowitz, Lewis F. Powell Jr.
Board Of Curators Of The University Of Missouri V. Horowitz, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Bell V. Ohio, Lewis F. Powell Jr.
Lockett V. Ohio, Lewis F. Powell Jr.
Foley V. Connelie, Lewis F. Powell Jr.
Nyquist V. Mauclet, Lewis F. Powell Jr.
Nyquist V. Mauclet, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Roemer V. Board Of Public Works Of Maryland, Lewis F. Powell Jr.
Roemer V. Board Of Public Works Of Maryland, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.