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Full-Text Articles in Law

Thinking Critically About Equality: Government Can Make Us Equal, Robert L. Hayman, Nancy Levit Jan 2000

Thinking Critically About Equality: Government Can Make Us Equal, Robert L. Hayman, Nancy Levit

Nancy Levit

As kids we called it having to use the old noodle: needing to think real hard about something that was real hard to think about. It was the kind of thinking that would cause your face to get all scrunched up, and if you didn't stop or if someone didn't stop you - it would eventually make your head hurt. The expression came from our families when we figured something out: that's using your old noodle, they'd tell us. The noodle we eventually understood to be our brains, which, we reckon, do look something like noodles, though ...


The Evolving Police Power: Some Observations For A New Century, David B. Kopel, Glenn Harlan Reynolds Jan 2000

The Evolving Police Power: Some Observations For A New Century, David B. Kopel, Glenn Harlan Reynolds

David B Kopel

A review of state and federal courts decisions on the scope of state police powers suggests that the shift from the more restrictive sic utere principle to the more open salus populi principle may be reversing, with courts -- at least in cases involving sex and marriage -- taking a much more skeptical view of government objectives and justifications.


Re-Cognizing ‘Race’: An Essay In Defense Of Race-Consciousness, Robert L. Hayman Jan 2000

Re-Cognizing ‘Race’: An Essay In Defense Of Race-Consciousness, Robert L. Hayman

Robert L. Hayman

No abstract provided.


Women And The Promise Of Equal Citizenship, Jennifer Hendricks Dec 1999

Women And The Promise Of Equal Citizenship, Jennifer Hendricks

Jennifer S. Hendricks

Anticipating the decision in United States v. Morrison (2000), holding that the civil rights remedy of the Violence Against Women Act was not a legitimate exercise of Congress's power to enforce the Equal Protection Clause, this article argues that the Act could be upheld as an exercise of Congress's authority under the Citizenship Clause of the Fourteenth Amendment. Congress's authority under the Citizenship Clause is analogous to its authority under the "badges and incidents" doctrine of the Thirteenth Amendment, which allows Congress to provide protection from discriminatory violence. This theory would also guide interpretation of the act ...


Thinking Critically About Equality: Government Can Make Us Equal, Robert L. Hayman, Nancy Levit Dec 1999

Thinking Critically About Equality: Government Can Make Us Equal, Robert L. Hayman, Nancy Levit

Robert L. Hayman

No abstract provided.