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Articles 1 - 6 of 6
Full-Text Articles in Constitutional Law
Symposium: Defining Race: Colorblind Diversity: The Changing Significance Of "Race" In The Post-Bakke Era, Bridgette Baldwin
Symposium: Defining Race: Colorblind Diversity: The Changing Significance Of "Race" In The Post-Bakke Era, Bridgette Baldwin
Faculty Scholarship
In 1954, fifty-eight years after the Plessy v. Ferguson decision, the Supreme Court was afforded another opportunity to reverse the “separate but equal doctrine” in Brown v. Board of Education of Topeka (Brown I). Brown I was a consolidation of five civil rights cases from the District of Columbia, Delaware, Kansas, Virginia, and South Carolina that attempted to change race relations in America by affording African Americans a piece of the pie. A few other cases soon followed Brown I. In 1963, Goss v. Board of Education of Knoxville proclaimed that any program that structurally appeared to maintain segregation would …
Dr. King And The Battle For Hearts And Minds, Wendy B. Scott
Dr. King And The Battle For Hearts And Minds, Wendy B. Scott
Faculty Scholarship
In 1954, a unanimous Supreme Court held that laws requiring dual public school systems, separated solely on the basis of race, violated the rights afforded to African American children under the Fourteenth Amendment Equal Protection and Due Process clauses. Brown v. Board of Education marked the beginning of a judicial assault on what the Court in Loving v. Virginia called statutory schemes and state court decisions that served as “an endorsement of the doctrine of White Supremacy.” Both Chief Justice Earl Warren and Dr. King recognized that the practice of White Supremacy did more than keep people separated. In Brown, …
Brief For Amicus Curiae David A. Super: Supporting Plaintiff-Appellants Urging Reversal, In Howard V. Hawkins (2009)., David A. Super
Brief For Amicus Curiae David A. Super: Supporting Plaintiff-Appellants Urging Reversal, In Howard V. Hawkins (2009)., David A. Super
Faculty Scholarship
The Supreme Court has consistently held that congressional intent governs whether federal statutes are privately enforceable. Where Congress has been silent, a line of cases culminating in Gonzaga Univ. v. Doe, 536 U.S. 273 (2002), prescribes a formula for inferring congressional intent from the structure of a statute. Here, however, Congress has not been silent: the Food and Nutrition Act specifies the amount of retroactive benefits that may be awarded households in “any judicial action arising under this Act” and makes certain records of state agencies “available for review in any action filed by a household to enforce any provision …
Can We Talk? How Triggers For Unconscious Racism Strengthen The Importance Of Dialogue, Adjoa A. Aiyetoro
Can We Talk? How Triggers For Unconscious Racism Strengthen The Importance Of Dialogue, Adjoa A. Aiyetoro
Faculty Scholarship
No abstract provided.
Unshackling Speech (Book Review), David L. Lange
Unshackling Speech (Book Review), David L. Lange
Faculty Scholarship
Reviewing, Brian C. Anderson and Adam D. Thierer, A Manifesto for Media Freedom (2008))
Abolishing The Time Tax On Voting, Elora Mukherjee
Abolishing The Time Tax On Voting, Elora Mukherjee
Faculty Scholarship
A “time tax” is a government policy or practice that forces one citizen to pay more in time to vote compared with her fellow citizens. While few have noticed the scope of the problem, data indicate that, due primarily to long lines, hundreds of thousands if not millions of voters are routinely unable to vote in national elections as a result of the time tax, and that the problem disproportionately affects minority voters and voters in the South. This Article documents the problem and offers a roadmap for legal and political strategies for solving it. The Article uses as a …