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- Louisiana Law Review (10)
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Articles 1 - 30 of 35
Full-Text Articles in Law
Twenty-Five Years Of A Divided Court And Nation: "Conflicting" Views Of Affirmative Action And Reverse Discrimination, Shaakirrah R. Sanders
Twenty-Five Years Of A Divided Court And Nation: "Conflicting" Views Of Affirmative Action And Reverse Discrimination, Shaakirrah R. Sanders
University of Arkansas at Little Rock Law Review
No abstract provided.
An Analysis Of The Rights-Based Justification For Federal Intervention In Environmental Regulation, Daveed Gartenstein-Ross
An Analysis Of The Rights-Based Justification For Federal Intervention In Environmental Regulation, Daveed Gartenstein-Ross
Duke Environmental Law & Policy Forum
No abstract provided.
Foreword: Is Civil Rights Law Dead?, John Valery White
Foreword: Is Civil Rights Law Dead?, John Valery White
Louisiana Law Review
No abstract provided.
Why The University Of Michigan Should Win In Grutter And Gratz, Michael Higginbotham, Kathleen Bergin
Why The University Of Michigan Should Win In Grutter And Gratz, Michael Higginbotham, Kathleen Bergin
Louisiana Law Review
No abstract provided.
Discrimination And Dignity, Denise G. Réaume
Discrimination And Dignity, Denise G. Réaume
Louisiana Law Review
No abstract provided.
Affirmative Action After Grutter: Reflections On A Tortured Death, Imagining A Humanity-Affirming Reincarnation, Rhonda V. Magee Andrews
Affirmative Action After Grutter: Reflections On A Tortured Death, Imagining A Humanity-Affirming Reincarnation, Rhonda V. Magee Andrews
Louisiana Law Review
No abstract provided.
Civil Rights In The Post 911 World: Critical Race Praxis, Coalition Building, And The War On Terrorism, Adrien Katherine Wing
Civil Rights In The Post 911 World: Critical Race Praxis, Coalition Building, And The War On Terrorism, Adrien Katherine Wing
Louisiana Law Review
No abstract provided.
The Struggle For Civil Rights: The Need For, And Impediments To, Political Coalitions Among And Within Minority Groups, Kevin R. Johnson
The Struggle For Civil Rights: The Need For, And Impediments To, Political Coalitions Among And Within Minority Groups, Kevin R. Johnson
Louisiana Law Review
No abstract provided.
Comparative Judging Of Civil Rights: A Transnational Critical Race Theory Approach, Tanya Kateri Hernández
Comparative Judging Of Civil Rights: A Transnational Critical Race Theory Approach, Tanya Kateri Hernández
Louisiana Law Review
No abstract provided.
The Activist Insecurity And The Demise Of Civil Rights Law, John Valery White
The Activist Insecurity And The Demise Of Civil Rights Law, John Valery White
Louisiana Law Review
No abstract provided.
Louisiana Associated General Contractors: A Case Study In The Failure Of A State Equality Guarantee To Further The Transformative Vision Of Civil Rights, John Devlin
Louisiana Law Review
No abstract provided.
Shedding Tiers "Above And Beyond" The Federal Floor: Loving State Constitutional Equality Rights To Death In Louisiana, Robert F. Williams
Shedding Tiers "Above And Beyond" The Federal Floor: Loving State Constitutional Equality Rights To Death In Louisiana, Robert F. Williams
Louisiana Law Review
No abstract provided.
Bail, Global Justice, And The Limits Of Dissent, Jackie Esmonde
Bail, Global Justice, And The Limits Of Dissent, Jackie Esmonde
Osgoode Hall Law Journal
This article examines the ways in which the law of bail has been used to criminalize dissent in Canada. Three case studies are analyzed to demonstrate how the law of bail has been applied to those arrested at global justice demonstrations associated with militant civil disobedience. The first case study examines the bail conditions imposed on protesters arrested at anti-APEC demonstrations in Vancouver 1997. These bail conditions were intentionally designed to prevent those arrested from attending the protests. The second case study focuses on the Ontario Coalition Against Poverty (OCAP), with an analysis of how the bail system has been …
The Right To Civil Disobedience, Vinit Haksar
The Right To Civil Disobedience, Vinit Haksar
Osgoode Hall Law Journal
This article compares and contrasts the way Gandhi understands the right to civil disobedience with the way this right is understood by some contemporary liberals. Some of the implications of the right to civil disobedience are also discussed. The right to civil disobedience implies that the authorities should extend some tolerance to civil disobedients not only when they are correct, but also when they are reasonably mistaken in their views. Tolerance here does not involve preventing civil disobedients from breaking the law, and implies that when civil disobedients break the law, they have a claim not to be punished or …
National Security At What Price: A Look Into Civil Liberty Concerns In The Information Age Under The Usa Patriot Act Of 2001 And A Proposed Constitutional Test For Future Legislation, Jacob R. Lilly
Cornell Journal of Law and Public Policy
No abstract provided.
Social Resistance And The Disturbing Of The Peace, John Clarke
Social Resistance And The Disturbing Of The Peace, John Clarke
Osgoode Hall Law Journal
Argues that preserving the Peace maintains injustice, and that it is morally just and historically necessary to challenge it with acts of social resistance.
Désobéissance Civile, Libertés Civiques, Et Résistance Civile: Rôle Et Limites Du Droit, Judy Fudge, Harry J. Glasbeek
Désobéissance Civile, Libertés Civiques, Et Résistance Civile: Rôle Et Limites Du Droit, Judy Fudge, Harry J. Glasbeek
Osgoode Hall Law Journal
Les contributions à cette collection proviennent des activités d’un projet de deux ans. Son but consistait à inviter les étudiants, la faculté, tous les membres de la communauté d'Osgoode et de la communauté juridique dans leur ensemble, à s'associer à un débat permanent sur la nature et les limites du droit, vues à travers le prisme de la conduite de désobéissance civile dans une politie juridique qui avait de longue date développé des institutions démocratiques et propagé les libertés civiques. À cette fin, divers panels, séminaires et conférences ont été organisés dès l'automne 2001. Ils sont évoqués dans le curriculum …
Civil Disobedience, Civil Liberties, And Civil Resistance: Law's Role And Limits, Judy Fudge, Harry J. Glasbeek
Civil Disobedience, Civil Liberties, And Civil Resistance: Law's Role And Limits, Judy Fudge, Harry J. Glasbeek
Osgoode Hall Law Journal
Based on a two-year project launched by the Journal. Its goal was to engage students, faculty, and all members of the wider Osgoode and professional communities in an ongoing discussion about the nature and limits of law, seen through the lens of civil disobedient conduct in a legal polity that had developed mature democratic and civil liberty enhancing institutions. To this end, a variety of panels, seminars, and lectures were organized, beginning in the Fall of 2001. They were interpellated into the law school's curriculum. A culminating event was a conference in the Fall of 2002, to which a select …
Civil Disobedience And Academic Freedom, Leslie Green
Civil Disobedience And Academic Freedom, Leslie Green
Osgoode Hall Law Journal
What is the relation between the forms of principled law-breaking that we know as civil disobedience and the special rights of teachers and students that comprise academic freedom? It is argued that academic freedom does not give them a right to engage in civil disobedience, not even on campus. At the same time, however, academic freedom does protect them in studying, discussing, assessing, and even recommending civil disobedience--even when their opinions and recommendations are misguided or wrong. The subject is discussed in light of some recent cases.
What's Law Got To Do With It?: Historical Considerations On Class Struggle, Boundaries Of Constraint, And Capitalist Authority, Bryan D. Palmer
What's Law Got To Do With It?: Historical Considerations On Class Struggle, Boundaries Of Constraint, And Capitalist Authority, Bryan D. Palmer
Osgoode Hall Law Journal
This article offers a preliminary theoretical statement on the law as a set of boundaries constraining class struggle in the interests of capitalist authority. But those boundaries are not forever fixed, and are constantly evolving through the pressures exerted on them by active working-class resistance, some of which takes the form of overt civil disobedience. To illustrate this process, the author explores the ways in which specific moments of labour upheaval in 1886, 1919, 1937, and 1946 conditioned the eventual making of industrial legality. When this legality unravelled in the post-World War II period, workers were left vulnerable and their …
Civil Disobedience And The Law: The Role Of Legal Professionals, James Macpherson
Civil Disobedience And The Law: The Role Of Legal Professionals, James Macpherson
Osgoode Hall Law Journal
Discusses the role of judges when cases of civil disobedience are brought before the court.
Reforming Civil Rights With Systems Reform: Health Care Disparities, Translation Services, & Safe Harbors, Sidney D. Watson
Reforming Civil Rights With Systems Reform: Health Care Disparities, Translation Services, & Safe Harbors, Sidney D. Watson
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
From Hutchins Hall To Hyderabad And Beyond: A Comparative Look At Affirmative Action In Three Jurisdictions, Jason Morgan-Foster
From Hutchins Hall To Hyderabad And Beyond: A Comparative Look At Affirmative Action In Three Jurisdictions, Jason Morgan-Foster
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Reviewing The Play: How Faulty Premises Affected The Work Of The Commission On Opportunity In Athletics And Why Title Ix Protections Are Still Needed To Ensure Equal Opportunity In Athletics, Jocelyn Samuels
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Applying The Discrimination Model To Violence Against Women: Some Reflections On Theory And Practice, Sally F. Goldfarb
Applying The Discrimination Model To Violence Against Women: Some Reflections On Theory And Practice, Sally F. Goldfarb
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Jose Padilla: Enemy Combatant Or Common Criminal, Samantha A. Pitts-Kiefer
Jose Padilla: Enemy Combatant Or Common Criminal, Samantha A. Pitts-Kiefer
Villanova Law Review
No abstract provided.
Federal Courts: Alexander V. Sandoval: Civil Rights Without Remedies, Benjamin Labow
Federal Courts: Alexander V. Sandoval: Civil Rights Without Remedies, Benjamin Labow
Oklahoma Law Review
No abstract provided.
Tolerance As Understanding, Jay Schiffman
Tolerance As Understanding, Jay Schiffman
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
The Latest Chapter In The Saga Of A Spiritless Law: Detaining Haitian Asylum Seekers As A Violation Of The Spirit And The Letter Of International Law, Michael Rowan
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Bioterrorism Defense: Are State Mandated Compulsory Vaccination Programs An Infringement Upon A Citizen's Constitutional Rights, Brendon Kohrs
Bioterrorism Defense: Are State Mandated Compulsory Vaccination Programs An Infringement Upon A Citizen's Constitutional Rights, Brendon Kohrs
Journal of Law and Health
The agents of anthrax and smallpox threaten the health and welfare of the state citizenry and therefore the state can enact legislation appropriate to offset the possible harm. In order for the enacted legislation to withstand a constitutional challenge, the possible harm has to be a compelling governmental interest of public safety and welfare narrowly tailored to that goal. The purpose of this article is to demonstrate that the United States Department of Health and Human Services has the ability to recommend a compulsory vaccination program for citizens, and this program would not be in violation of a person's constitutional …