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Full-Text Articles in Law

A Place At The Table: Bush V. Gore Through The Lens Of Race, Spencer A. Overton Jan 2001

A Place At The Table: Bush V. Gore Through The Lens Of Race, Spencer A. Overton

GW Law Faculty Publications & Other Works

Although African Americans cast a majority of ballots rejected by counting machines following the 2000 presidential election in Florida, legal academic commentators have not grappled with the significance of race in their discussions of Bush v. Gore. This Essay uses race to expose structural shortcomings of merit-based assumptions about democracy embedded in the U.S. Supreme Court's majority per curiam. The Court prohibited a manual count of imperfectly marked ballots, effectively conditioning membership in political community on individual capacity to produce a machine-readable ballot. Despite the Court's individualized focus, however, merit-based assumptions about democracy interfere primarily not with individual rights, but …


Consumer Discrimination: The Limitations Of Federal Civil Rights Protection, Deseriee A. Kennedy Jan 2001

Consumer Discrimination: The Limitations Of Federal Civil Rights Protection, Deseriee A. Kennedy

Scholarly Works

No abstract provided.


Louis Brandeis And The Race Question, Christopher A. Bracey Jan 2001

Louis Brandeis And The Race Question, Christopher A. Bracey

GW Law Faculty Publications & Other Works

We live in a culture enamored by our heroes. They are celebrated for their extraordinary accomplishments, and canonized by histories that rarely reflect the true texture of their lives. Legal academics share in these tendencies and, as a result, heroes in the law are often viewed with the same rose-colored glasses accorded to their counterparts in popular culture. The late Louis Brandeis was an Associate Justice on the Supreme Court of the United States from 1916 to 1939. Born to Jewish immigrant parents, he graduated from Harvard Law School, and gained a reputation as America’s “People’s Attorney.” He pioneered an …


From Reconstruction To Deconstruction: Undermining Black Landownership, Political Independence, And Community Through Partition Sales Of Tenancies In Common, Thomas W. Mitchell Jan 2001

From Reconstruction To Deconstruction: Undermining Black Landownership, Political Independence, And Community Through Partition Sales Of Tenancies In Common, Thomas W. Mitchell

Faculty Scholarship

This article considers one of the primary ways in which African Americans have lost millions of acres of land that they were able to acquire in the latter part of the nineteenth century and the beginning part of the twentieth century and the sociopolitical implications of this land loss. Specifically, this article highlights the fact that forced partition sales of tenancy in common property, referred to more commonly as heirs' property, have been a major source of black land loss within the African American community. The article argues that involuntary black land loss has had a significant negative impact upon …