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Constitutional Law

Civil Rights and Discrimination

Institution
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Publication
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Articles 91 - 115 of 115

Full-Text Articles in Law

Substantive Due Process And The Scope Of Constitutional Torts, Michael L. Wells, Thomas A. Eaton Jan 1984

Substantive Due Process And The Scope Of Constitutional Torts, Michael L. Wells, Thomas A. Eaton

Scholarly Works

The thesis of this Article is that both the Supreme Court and its critics have failed to identify and confront the central issue presented by these due process constitutional tort cases. That issue is neither procedural fairness nor the choice between state and federal courts. It is deciding whether a government-inflicted injury to life, liberty, or property violates the substantive protections of the due process clauses and thereby warrants a constitutionally derived tort remedy. In Part II of this Article we examine the Supreme Court's decisions in this area, focusing primarily on Parratt v. Taylor. We demonstrate that neither Parratt …


Apartheid Baltimore Style: The Residential Segregation Ordinances Of 1910-1913, Garrett Power May 1983

Apartheid Baltimore Style: The Residential Segregation Ordinances Of 1910-1913, Garrett Power

Faculty Scholarship

On May 15, 1911, Baltimore Mayor J. Barry Mahool signed into law an ordinance for “preserving the peace, preventing conflict and ill feeling between the white and colored races in Baltimore City.” This ordinance provided for the use of separate blocks by African American and whites and was the first such law in the nation directly aimed at segregating black and white homeowners. This article considers the historical significance of Baltimore’s first housing segregation law.


"The Right Of The People": Reconciling Collective And Individual Interests Under The Fourth Amendment, Donald L. Doernberg Jan 1983

"The Right Of The People": Reconciling Collective And Individual Interests Under The Fourth Amendment, Donald L. Doernberg

Elisabeth Haub School of Law Faculty Publications

Professor Doernberg examines a tension within fourth amendment jurisprudence and sugqests a means of resolving it. On the one hand, the Supreme Court has conferred fourth amendment standing only upon those whose personal privacy interests have been disturbed. On the other hand, the Court has allowed such persons to invoke the exclusionary rule only in circumstances where, in the Court's view, it would serve as an effective deterrent. Professor Doernberg traces these two po1icies to different conceptions of the fourth amendment: the first interprets the amendment as a guarantor of individual rights; the second construes it as an instrument for …


The Right To Defense Experts, Paul C. Giannelli Jan 1982

The Right To Defense Experts, Paul C. Giannelli

Faculty Publications

No abstract provided.


The Right Of Confrontation: Part Ii, Paul C. Giannelli Jan 1982

The Right Of Confrontation: Part Ii, Paul C. Giannelli

Faculty Publications

No abstract provided.


The Right Of Confrontation: Part I, Paul C. Giannelli Jan 1982

The Right Of Confrontation: Part I, Paul C. Giannelli

Faculty Publications

No abstract provided.


Washington V. Seattle School District No. 1, Lewis F. Powell Jr. Oct 1981

Washington V. Seattle School District No. 1, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


North Haven Board Of Education V. Bell, Lewis Powell Jr. Oct 1981

North Haven Board Of Education V. Bell, Lewis Powell Jr.

Supreme Court Case Files

No abstract provided.


City Of Mobile, Alabama V. Bolden, Lewis F. Powell Jr. Oct 1979

City Of Mobile, Alabama V. Bolden, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Columbus Board Of Education V. Penick, Lewis F. Powell Jr. Oct 1978

Columbus Board Of Education V. Penick, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


New York City Transit Authority V. Beazer, Lewis F. Powell Jr. Oct 1978

New York City Transit Authority V. Beazer, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Personnel Administrator Of Massachusetts V. Feeney, Lewis F. Powell Jr. Oct 1978

Personnel Administrator Of Massachusetts V. Feeney, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Washington V. Davis, Lewis F. Powell Jr. Oct 1975

Washington V. Davis, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Drew Municipal Separate School District V. Andrews, Lewis F. Powell Jr. Oct 1975

Drew Municipal Separate School District V. Andrews, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Saxbe V. Washington Post, Lewis F. Powell Jr. Oct 1973

Saxbe V. Washington Post, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Milliken V. Bradley, Lewis F. Powell Jr. Oct 1973

Milliken V. Bradley, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Pell V. Procunier, Lewis F. Powell Jr. Oct 1973

Pell V. Procunier, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Gaffney V. Cummings, Lewis F. Powell Jr. Oct 1972

Gaffney V. Cummings, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Mahan V. Howell, Lewis F. Powell Jr. Oct 1972

Mahan V. Howell, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Pittsburgh Press Co. V. Pittsburgh Commission On Human Relations, Et. Al., Lewis F. Powell Jr. Oct 1972

Pittsburgh Press Co. V. Pittsburgh Commission On Human Relations, Et. Al., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Roe V. Wade, Lewis F. Powell Jr. Oct 1972

Roe V. Wade, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Keyes V. School District No. 1, Denver, Colorado, Lewis F. Powell Jr. Oct 1972

Keyes V. School District No. 1, Denver, Colorado, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


San Antonio Independent School District V. Rodriguez, Lewis F. Powell Jr. Oct 1972

San Antonio Independent School District V. Rodriguez, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


School Board Of The City Of Richmond, Virginia V. State Board Of Education Of The Commonwealth Of Virginia, Lewis F. Powell Jr. Sep 1972

School Board Of The City Of Richmond, Virginia V. State Board Of Education Of The Commonwealth Of Virginia, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


De Facto School Segregation: A Constitutional And Empirical Analysis, Frank I. Goodman Mar 1972

De Facto School Segregation: A Constitutional And Empirical Analysis, Frank I. Goodman

All Faculty Scholarship

No abstract provided.