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Full-Text Articles in Law

The True Legacy Of Rosa Parks: Beyond The Civil Rights Movement, Patricia A. Broussard Jan 2005

The True Legacy Of Rosa Parks: Beyond The Civil Rights Movement, Patricia A. Broussard

Journal Publications

Rosa Parks died on October 24; her funeral was today. No doubt, there will be a flurry of well-deserved posthumous tributes and honors bestowed upon her. And no doubt, some will feel shame over the manner in which her sacrifices were depicted in later years - for instance, by the group OutKast. (Parks sued the group's record company, in Rosa Parks v. Laface Records, over the unauthorized use of her name in a song title). The story of Mrs. Parks's key role in the "modern-day" civil rights movement has been told and will be retold innumerable times. She has ...


Unacceptable Collateral Damage: The Danger Of Probation Conditions Restricting The Right To Have Children, A Felicia Epps Jan 2005

Unacceptable Collateral Damage: The Danger Of Probation Conditions Restricting The Right To Have Children, A Felicia Epps

Journal Publications

You have the right to have as many children as you desire. You can have seven like the Waltons, six like the Brady Bunch, or none at all like Oprah. It is all left to your discretion-unless you fail to pay child support, and as a result end up facing criminal charges. The United States Constitution protects the right to freedom in procreation decisions. Generally, this means that the government cannot interfere with such decisions unless it has a compelling reason to do so. Even then, such interference must be narrowly tailored to meet government interests.

This article explores the ...


Two "Wrongs" Do/Can Make A Right: Remembering Mathematics, Physics, & Various Legal Analogies (Two Negatives Make A Positive; Are Remedies Wrong?) The Law Has Made Him Equal, But Man Has Not, John C. Duncan Jr Jan 2005

Two "Wrongs" Do/Can Make A Right: Remembering Mathematics, Physics, & Various Legal Analogies (Two Negatives Make A Positive; Are Remedies Wrong?) The Law Has Made Him Equal, But Man Has Not, John C. Duncan Jr

Journal Publications

This article demonstrates the incomplete logic and inconsistent legal reasoning used in the argument against affirmative action. The phrase "two wrongs don't make a right" is often heard in addressing various attempts to equalize, to balance, and to correct the acknowledged wrongs of slavery and segregation and their derivative effects. Yet, "two wrongs do/can make a right" has a positive connotation. This article reviews the history of societal and judicial wrongs against Blacks, as well as the evolution of the narrowing in legal reasoning concerning discrimination against minorities, including Blacks. Next, the legal reasoning behind legacy programs will ...