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Articles 1 - 20 of 20
Full-Text Articles in Law
Bringing Brown V. Board Of Education Out Of Retirement, Angela Mae Kupenda
Bringing Brown V. Board Of Education Out Of Retirement, Angela Mae Kupenda
Journal Articles
The decision in the landmark U.S. Supreme Court case Brown v. Board of Education, turns 65 years old in 2019. While 65 is considered to be a normal retirement age, Brown was retired many years ago while it was still just a toddler. As a result, Brown never became all that it could be. Now as Brown turns 65, it is (past) time to bring Brown out of its early, premature retirement. The primary purpose of this commentary is to encourage other professors to think, too, on what we can do individually, and what we must do collectively, to reinvigorate …
Book Review, Justin R. Huckaby
Book Review, Justin R. Huckaby
Journal Articles
In Conventional Wisdom: The Alternate Article V Mechanism for Proposing Amendments to the U.S. Constitution, John R. Vile discusses the thus-far unused Article V convention method of amending the U.S. Constitution. The book focuses on what an Article V convention could be and what parameters it might entail. Could such a convention be limited in scope, or must it be general in nature? Vile considers these questions and the literature behind them to develop his own interpretation of an Article V convention and how it should be implemented.
Who’S Exercising What Power: Toward A Judicially-Manageable Nondelegation Doctrine, Martin Edwards
Who’S Exercising What Power: Toward A Judicially-Manageable Nondelegation Doctrine, Martin Edwards
Journal Articles
This Article argues that the traditional, "intelligible principle" nondelegation analysis is incomplete and that an examination of the delegate, rather than just the delegation, more effectively animates the doctrine. This is true not only as a practical matter; early Supreme Court cases, as well as later ones, have taken a keen interest in the recipient of the alleged delegation. In other words, a realistic and judicially enforceable nondelegation doctrine must include more than a mere tip of the juridical cap.
Will The South Rise Again And, If So, In What Form?: Lessons From Latcrit About Resisting The Fear Of Cultural Understanding, Angela Mae Kupenda
Will The South Rise Again And, If So, In What Form?: Lessons From Latcrit About Resisting The Fear Of Cultural Understanding, Angela Mae Kupenda
Journal Articles
Through lessons learned from LatCrit 2013, this essay is hoping to evoke the missing sentiment of understanding and equality by signifying that the south that will rise again will be a south that is transformed, as Dr. Martin Luther King said “into an oasis of freedom and justice,” by moving out of its fears of understanding and moving to a far greater level of cross-cultural understanding.
Book Review, Justin R. Huckaby
Book Review, Justin R. Huckaby
Journal Articles
In The Tragedy of Religious Freedom, Marc 0. DeGirolami explains the delicate nuances of the legal theory of religious liberty and the risks that arise from its application in the sensitive area of the First Amendment's religion clauses. There are several different theoretical approaches to cases involving the religion clauses. DeGirolami endorses the approach he describes as the method of tragedy and history. This method approaches the pluralistic nature of religion with the understanding that there are many different values at play in cases involving religion and that sacrifices will be made in all cases. Courts should also consider the …
Using Feathery Birds To Disguise Hateful Speech: Avatar, Hillary: The Movie, Citizens United, And How Birds Of The Same Feather Flock Together, Angela Mae Kupenda
Using Feathery Birds To Disguise Hateful Speech: Avatar, Hillary: The Movie, Citizens United, And How Birds Of The Same Feather Flock Together, Angela Mae Kupenda
Journal Articles
Some types of hateful speech may be called commercialism or entertainment. Yet, this speech disguises hate. This speech seems to be harmless entertainment, as harmless as doves or feathery birds. However, in reality this speech drowns out the truth in the marketplace, as individuals appear to become more gullible in watching film and other commercial speech. This essay explores this quandary by asking, and attempting to answer, four questions. First, is there any possible negative influence from commercial media, especially film, in the marketplace of ideas about nonwhites (i.e., has the truth about race and about nonwhites already won out …
Motherhood And The Constitution: (Re)Thinking The Power Of Women To Facilitate Change, Angela Mae Kupenda
Motherhood And The Constitution: (Re)Thinking The Power Of Women To Facilitate Change, Angela Mae Kupenda
Journal Articles
Women face many barriers in the journey toward equality. Participants at American Association of Law Schools' ("AALS") recent "Workshop on Women Rethinking Equality" addressed the structural, and perhaps sometimes intentional, barriers constructed by societal forces and by the law against women's struggles for various types of equality. At the workshop, many of us pointed to all of the things "they," meaning others, should do to help dismantle these barriers and to help women forge equality. I agree many barriers remain that must be dismantled, and there is much "they" should do to rectify the generations of obstacles and limitations placed …
(Re)Complexioning A Simple Tale: Race, Speech, And Colored Leadership, Angela Mae Kupenda
(Re)Complexioning A Simple Tale: Race, Speech, And Colored Leadership, Angela Mae Kupenda
Journal Articles
Rather than acting as a whitening agent, the law should reflect the natural (re)complexioning of society and adapt to the melting pot that is America. The term "(re)complexioning" is used because the idea that the complexion of America was white at the beginning is false. Prior to the "discovery" of America, native citizens were indeed more deeply complexioned than Whites. Any (re)complexioning of the law since, to reflect the colors of America, then, is just to resort to the recognition of factual premises unjustly rejected when America was usurped from those of color and denied to others of color after …
Measure 26: Fear Mongering, Self-Execution & Potential Implications For Birth Control, Jonathan Will
Measure 26: Fear Mongering, Self-Execution & Potential Implications For Birth Control, Jonathan Will
Journal Articles
Depending on what we mean by “fertilization,” there could be impacts on many reproductive choices including birth control, fertility treatments like in vitro fertilization (IVF), and of course, women’s ability to choose to have an abortion. Certain proponents of Measure 26 suggest that even discussing these implications (other than perhaps abortion) amounts to fear mongering. While primarily focusing on birth control, the goal of this essay is to introduce readers to why the concerns regarding these reproductive choices are very real, and how these concerns are further complicated by the issue of whether, if passed, Measure 26 would be deemed …
Simply Put: How Diversity Benefits Whites And How Whites Can Simply Benefit Diversity, Angela Mae Kupenda
Simply Put: How Diversity Benefits Whites And How Whites Can Simply Benefit Diversity, Angela Mae Kupenda
Journal Articles
Although there are surmountable legal barriers to racial integration in education, fuller integration is possible. But first, whites must see how they benefit from diversity, and, second, whites must take simple steps toward integration that may, in turn, reveal to whites their desire to become more fully integrated. These two steps may help remove the limiting point to true integration.
Book Review, Mark C. Modak-Truran
Book Review, Mark C. Modak-Truran
Journal Articles
In volume 1, James Hitchcock provides a comprehensive historical treatment of all the U.S. Supreme Court cases involving the religion clauses. Volume 2 focuses on the broader “context of the continuing dialogue about the role of religion in public life” and its relationship to the Court’s interpretation of the religion clauses.
Book Review, Mark C. Modak-Truran
Book Review, Mark C. Modak-Truran
Journal Articles
RELIGION ON TRIAL makes the historical debates about the religion clauses accessible to a broad audience. In addition, it properly links issues of free exercise of religion to issues about fundamental rights in a manner that is usually missed by legal scholars and political scientists. Consequently, this book would be a good addition to undergraduate, graduate, and law school courses on the religion clauses or on law and religion.
Book Review, Mark C. Modak-Truran
Book Review, Mark C. Modak-Truran
Journal Articles
Lucinda Peach addresses the issue of religious lawmaking by focusing on the constitutional implications and gender issues that she argues have been overlooked by the Supreme Court and by participants in the debate about religion in politics.
On Teaching Constitutional Law When My Race Is In Their Face, Angela Mae Kupenda
On Teaching Constitutional Law When My Race Is In Their Face, Angela Mae Kupenda
Journal Articles
Constitutional Law is one of my favorite subjects to teach. You see, I am a 45-year-old southern-born, black woman who not only studies constitutional law, I lived it. I attended separate and unequal schools, survived freedom of choice programs, suffered Jim Crow laws, and was a beneficiary of consent decrees and affirmative action programs. I love discussing and debating issues relating to race, gender, etc. I love constitutional law, but many of my students do not love the subject or, perhaps, care for hearing about my related experiences.
Book Review, Mark C. Modak-Truran
Book Review, Mark C. Modak-Truran
Journal Articles
Eric Michael Mazur’s dissertation (supervised by Phillip E. Hammond) argues that minority religious communities have had to “subordinate their distinct theological beliefs to the transcending principles of the majority articulated by the constitutional order, or they are forced to do so by the physical powers of the government” (p. xxv). To support this argument, he takes an empirical approach and focuses on the Jehovah’s Witnesses, the Church of Jesus Christ of Latter-Day Saints (the Mormons), and Native American religious traditions.
Constitutional Fidelity, Matthew Steffey
Foreword: A Hard Case And An Intractable Problem, Matthew Steffey
Foreword: A Hard Case And An Intractable Problem, Matthew Steffey
Journal Articles
No abstract provided.
Note, Civil Forfeiture And Innocent Owners, Deborah Challener
Note, Civil Forfeiture And Innocent Owners, Deborah Challener
Journal Articles
Although forfeiture is an ancient practice, its constitutional validity has only recently been seriously questioned. Historically, the Supreme Court has relied on a legal fiction-that the property itself is guilty-to confiscate property without regard to the Constitution. Cloaking itself in the "guilty property fiction," the Court has virtually ignored the property owner's culpability. In Bennis, the Court decided whether an owner's interest in property is subject to forfeiture when the owner entrusts the property to a party who uses it to commit a crime, even if the owner has no knowledge of the illegal use.
Foreword: Religious Participation In Public Debate, Matthew Steffey
Foreword: Religious Participation In Public Debate, Matthew Steffey
Journal Articles
No abstract provided.
Redefining The Modern Constraints Of The Establishment Clause: Separable Principles Of Equality, Subsidy, Endorsement, And Church Autonomy, Matthew Steffey
Redefining The Modern Constraints Of The Establishment Clause: Separable Principles Of Equality, Subsidy, Endorsement, And Church Autonomy, Matthew Steffey
Journal Articles
Since 1947 the Establishment Clause' has been a substantive check on governmental activity at all levels. More than four decades later, the content of that check remains unsettled. The United States Supreme Court gave the Establishment Clause its predominant modem voice in 1971 in Lemon v. Kurtzman. Under the Lemon approach, all government practices are measured by the same standard. To survive constitutional attack, a practice "must have a secular purpose; it must neither advance nor inhibit religion in its principal or primary effect; and it must not foster an excessive entanglement with religion." In nearly all cases decided since, …