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Series

United States

2010

Berkeley Law

Articles 1 - 3 of 3

Full-Text Articles in Law

Corporate Prerogative, Race, And Identity Under The Fourteenth Amendment, John A. Powell, Caitlin Watt Jan 2010

Corporate Prerogative, Race, And Identity Under The Fourteenth Amendment, John A. Powell, Caitlin Watt

Faculty Scholarship

The article describes an observation made by Justice Hugo Black in the case Connecticut General Life Insurance v. Johnson in 1937. According to Black, less than one-half of 1% of the cases reaching the U.S. Supreme Court under the Fourteenth Amendment had anything to do with blacks or freed slaves, while more than 50% of cases reaching the Court were about corporations. It recounts the early civil rights under the Fourteenth Amendment and the scholarly work on civil rights and corporate history before and after reconstruction.


Congress And The Supreme Court's Conflict Over Antidiscrimination Law, David B. Oppenheimer Jan 2010

Congress And The Supreme Court's Conflict Over Antidiscrimination Law, David B. Oppenheimer

Faculty Scholarship

In 1968, in the days following King's assassination, Congress passed the Fair Housing Act, prohibiting most housing discrimination based on race, color, religion, or national origin. [...] later that same year, the Supreme Court found that the long-dormant 1866 and 1867 Civil Rights Acts, prohibiting private racial discrimination, which had been ignored since the end of Reconstruction, remained valid. Since 1968, Congress has passed several laws intended to broaden federal civil rights, either to include more groups or, with increasing frequency, simply to reverse Supreme Court decisions.\n (California's statute applies to employers of five or more employees and ...


The Scale Of Imprisonment In The United States: Twentieth Century Patterns And Twenty-First Century Prospects, Franklin E. Zimring Jan 2010

The Scale Of Imprisonment In The United States: Twentieth Century Patterns And Twenty-First Century Prospects, Franklin E. Zimring

Faculty Scholarship

The article examines imprisonment within the U.S. during the 20th century and discusses what these trends portend for imprisonment during the 21st century. The author creates a scale by which imprisonment rates and criminal statistics are evaluated. Charts and graphs are used to illustrate the growth in incarceration rates that occurred progressively throughout the 20th century. Elements such as penal law, prisons being viewed as sources of capital, and more stringent criminal justice procedures are referenced as factors that have contributed to imprisonment. Empirical methods are used to examine how prison populations will change in the 21st century.