Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Retooling The Intent Requirement Under The Fourteenth Amendment, Henry L. Chambers, Jr.
Retooling The Intent Requirement Under The Fourteenth Amendment, Henry L. Chambers, Jr.
Law Faculty Publications
Racial classifications carry the largest taint and require the most justification. Strict scrutiny-the level of scrutiny with which the remainder of the article will be concerned-requires that race-based differentiation serve a compelling state interest and be narrowly tailored to serve that interest, guaranteeing that the reason for the differentiation is extremely important and that the link between the means chosen to meet the ends is extremely tight. Though strict scrutiny is difficult to survive, it is triggered only when a state actor engages in intentional or purposeful racial discrimination. Controversy surrounds whether such a trigger is necessary. However, rather than …
Countermajoritarian Hero Or Zero - Rethinking The Warren Court's Role In The Criminal Procedure Revolution, Corinna Barrett Lain
Countermajoritarian Hero Or Zero - Rethinking The Warren Court's Role In The Criminal Procedure Revolution, Corinna Barrett Lain
Law Faculty Publications
With last fall marking the fiftieth anniversary of Earl Warren's appointment as Chief Justice, enough time has passed to place the criminal procedure revolution in proper historical perspective and rethink the Court's role there as countermajoritarian hero. In the discussion that follows, I aim to do that by examining five of the revolution's most celebrated decisions: Mapp v. Ohio, Gideon v. Wainwright, Miranda v. Arizona, Katz v. United States, and Terry v. Ohio. In none of these cases, I argue, did the Supreme Court act in a manner truly deserving of its countermajoritarian image. To be clear, I do not …