Equality Trouble: Sameness And Difference In Twentieth-Century Race Law, Angela Harris
Dec 1999
Equality Trouble: Sameness And Difference In Twentieth-Century Race Law, Angela Harris
Angela P Harris
No abstract provided.
Equal Protection’S Antinomies And The Promise Of A Co-Constitutive Approach, Julie Nice
Dec 1999
Equal Protection’S Antinomies And The Promise Of A Co-Constitutive Approach, Julie Nice
Julie A. Nice
This article explores how a central insight of Law and Society scholarship – that law and society are mutually constitutive – explains and informs Equal Protection jurisprudence. Professor Nice describes the state of equal protection discourse as caught in perpetual antinomic debates, with courts typically endorsing the more conservative alternative within such debates, including: (1) adopting assimilation (not anti-subordination) as the goal; (2) treating subordinated persons the same as (not different than) dominant persons; (3) looking backward toward remediation (not forward toward substantive equality); (4) requiring blindness (not consciousness) of the relevant trait; (5) focusing on the classifying trait (not …
State Constitutional Law Bibliography: 1989-1999, Susan King
Dec 1999
State Constitutional Law Bibliography: 1989-1999, Susan King
Susan A. King
No abstract provided.
The New Majoritarianism, Robert Justin Lipkin
Dec 1999
The New Majoritarianism, Robert Justin Lipkin
Robert Justin Lipkin
No abstract provided.
When A King Speaks Of God; When God Speaks To A King: Faith, Politics, Tax Exempt Status, And The Constitution In The Clinton Administration, Randy Lee
Dec 1999
When A King Speaks Of God; When God Speaks To A King: Faith, Politics, Tax Exempt Status, And The Constitution In The Clinton Administration, Randy Lee
Randy Lee
During the Clinton Administration, the Internal Revenue Service ("IRS") and the Department of Justice ("DOJ") broke new ground in the enforcement of the tax code's ban on "partisan political activity" by tax-exempt religious organizations. President Clinton, meanwhile, used church buildings and religious services for political campaigning and made political speeches on behalf of candidates that intertwined the political and the religious. Thus, while the Clinton Administration clarified the role of religious exercise and expression in some areas of public life, like public schools and the federal workplace, Administration activities clouded the role religion is to play in political campaigns.
The …
D.C. Circuit Revives Nondelegation Doctrine…Or Does It?, Michael R. Dimino
Dec 1999
D.C. Circuit Revives Nondelegation Doctrine…Or Does It?, Michael R. Dimino
Michael R Dimino
Article I, Section 1 of the Constitution charges Congress with the ability and the duty to make the law. Courts have always understood, however, that Congress has the capacity to delegate some legislative power to other institutional actors, typically those in the executive branch. Such delegations are justified by the "practical understanding that in our increasingly complex society, Congress simply cannot do its job absent an ability to delegate power under broad general directives." This does not mean that Congress enjoys unlimited authority to delegate. Under the judicially crafted "nondelegation doctrine," Congress delegates too much lawmaking power if it fails …
Urinating On The Pennsylvania Constitution? Drug Testing Of High School Athletes And Article I, Section 8 Of The Pennsylvania Constitution, Amanda Smith
Dec 1999
Urinating On The Pennsylvania Constitution? Drug Testing Of High School Athletes And Article I, Section 8 Of The Pennsylvania Constitution, Amanda Smith
Amanda Sholtis
This Comment asserts that drug testing policies fail to pass Pennsylvania constitutional muster. The focus is directed toward mandatory suspicionless testing of student athletes, an activity that schools have adopted in response to increased drug use in recent years.'9 Part II discusses a typical drug test performed by a school district and refers to policies from Derry, Fairfield, and Middletown Area School Districts. Part III analyzes the constitutionality of drug testing policies under Article I, Section 8. Part IV discusses alternatives to mandatory suspicionless drug testing of athletes that would effectuate school boards' goals of maintaining a drug-free environment without …
