Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Seattle University School of Law (5)
- Brooklyn Law School (2)
- Marquette University Law School (2)
- Mitchell Hamline School of Law (2)
- Northwestern Pritzker School of Law (2)
-
- Maurer School of Law: Indiana University (1)
- Penn State Dickinson Law (1)
- Pepperdine University (1)
- St. Mary's University (1)
- University of Cincinnati College of Law (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Michigan Law School (1)
- University of South Carolina (1)
- Keyword
-
- Race (6)
- Discrimination (4)
- Constitution (3)
- History (3)
- Voting rights (3)
-
- America (2)
- Education (2)
- First Amendment (2)
- Poverty (2)
- Prison (2)
- Public Education (2)
- Voter suppression (2)
- Voting rights act (2)
- ACLU (1)
- Alabama (1)
- Algorithmic Lending (1)
- American Indian religious freedom (1)
- Bald and Golden Eagle Protection Act (1)
- Behavioral Theory (1)
- Bias (1)
- Capital punishment (1)
- Census (1)
- Chicano (1)
- Civil rights (1)
- Coercive Security Measures (1)
- Color blind (1)
- Color blindness (1)
- Columbine (1)
- Commercial Speech Doctrine (1)
- Conditions of confinement (1)
- Publication
-
- Seattle Journal for Social Justice (3)
- Marquette Law Review (2)
- Mitchell Hamline Law Review (2)
- Northwestern Journal of Law & Social Policy (2)
- Seattle University Law Review (2)
-
- Brooklyn Journal of International Law (1)
- Brooklyn Law Review (1)
- Dickinson Law Review (2017-Present) (1)
- Immigration and Human Rights Law Review (1)
- Indiana Law Journal (1)
- Journal of the National Association of Administrative Law Judiciary (1)
- Maryland Law Review (1)
- Michigan Law Review (1)
- South Carolina Law Review (1)
- The Scholar: St. Mary's Law Review on Race and Social Justice (1)
Articles 1 - 21 of 21
Full-Text Articles in Constitutional Law
Children Of A Lesser God: Reconceptualizing Race In Immigration Law, Sarah L. Hamilton-Jiang
Children Of A Lesser God: Reconceptualizing Race In Immigration Law, Sarah L. Hamilton-Jiang
Northwestern Journal of Law & Social Policy
The increased public exposure to the experiences of Latinx unaccompanied children seeking entry at the United States southern border has revealed the lived reality of the nation’s pernicious immigration laws. The harrowing experiences of unaccompanied children are amplified by their interaction with a legal system plagued by a legacy of systemic racism and sustained racial caste. While immigration law currently affords minimal legal protections for these children, in application, the law continues to fall egregiously short of providing for the safety of unaccompanied children. Though critics have long attested to the legal system’s neglect of unaccompanied children, subsequent legal analysis …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Sex, Lies, And Videotape: Deep Fakes And Free Speech Delusions, Mary Anne Franks, Ari Ezra Waldman
Sex, Lies, And Videotape: Deep Fakes And Free Speech Delusions, Mary Anne Franks, Ari Ezra Waldman
Maryland Law Review
No abstract provided.
The Shaw Claim: The Rise And Fall Of Colorblind Jurisprudence, Molly P. Matter
The Shaw Claim: The Rise And Fall Of Colorblind Jurisprudence, Molly P. Matter
Seattle Journal for Social Justice
No abstract provided.
Remembrance, One Person, One Vote: The Enduring Legacy Of Joaquin Avila, Robert Chang
Remembrance, One Person, One Vote: The Enduring Legacy Of Joaquin Avila, Robert Chang
Seattle Journal for Social Justice
No abstract provided.
“We Are Still Citizens, Despite Our Regrettable Past” Why A Conviction Should Not Impact Your Right To Vote, Jaime Hawk, Breanne Schuster
“We Are Still Citizens, Despite Our Regrettable Past” Why A Conviction Should Not Impact Your Right To Vote, Jaime Hawk, Breanne Schuster
Seattle Journal for Social Justice
No abstract provided.
Roots Of Revolution: The African National Congress And Gay Liberation In South Africa, Joseph S. Jackson
Roots Of Revolution: The African National Congress And Gay Liberation In South Africa, Joseph S. Jackson
Brooklyn Journal of International Law
South Africa’s post-apartheid constitutions were the first in the world to contain an explicit prohibition of discrimination on grounds of sexual orientation, and that prohibition established the foundation for marriage equality and broad judicial and legislative protection of gay rights in South Africa. The source of this gay rights clause in the South African Constitution can be found in the African National Congress’s decision to include such a clause in the ANC’s A Bill of Rights for a New South Africa, published when the apartheid government of South Africa was still in power. This article traces the story of that …
A Comparative Study On Death Penalty Statutes And Their Effects On Certain Minority Groups In Light Of Furman V. Georgia, Analise Nuxoll
A Comparative Study On Death Penalty Statutes And Their Effects On Certain Minority Groups In Light Of Furman V. Georgia, Analise Nuxoll
Journal of the National Association of Administrative Law Judiciary
Part One of this comment will address the recent history of the death penalty in the United States, focusing on Furman v. Georgia, which placed a four-year moratorium on the death penalty in 1972. Part Two examines which states still have death penalty statutes and the reasons for choosing the selected states for further analysis. Part Two also addresses the difference between facial and as-applied attacks on the state statutes and the reason for analyzing the statutes under as applied unconstitutionality. Part Three explains the thought behind choosing to examine the death penalty’s effect on racial minorities, low socio-economic classes, …
Texas Indian Holocaust And Survival: Mcallen Grace Brethren Church V. Salazar, Milo Colton
Texas Indian Holocaust And Survival: Mcallen Grace Brethren Church V. Salazar, Milo Colton
The Scholar: St. Mary's Law Review on Race and Social Justice
When the first Europeans entered the land that would one day be called Texas, they found a place that contained more Indian tribes than any other would-be American state at the time. At the turn of the twentieth century, the federal government documented that American Indians in Texas were nearly extinct, decreasing in number from 708 people in 1890 to 470 in 1900. A century later, the U.S. census recorded an explosion in the American Indian population living in Texas at 215,599 people. By 2010, that population jumped to 315,264 people.
Part One of this Article chronicles the forces contributing …
Banning Solitary For Prisoners With Mental Illness: The Blurred Line Between Physical And Psychological Harm, Rosalind Dillon
Banning Solitary For Prisoners With Mental Illness: The Blurred Line Between Physical And Psychological Harm, Rosalind Dillon
Northwestern Journal of Law & Social Policy
No abstract provided.
The Living Constitution And Moral Progress: A Comment On Professor Young's Boden Lecture, David A. Strauss
The Living Constitution And Moral Progress: A Comment On Professor Young's Boden Lecture, David A. Strauss
Marquette Law Review
None
Dying Constitutionalism And The Fourteenth Amendment, Ernest A. Young
Dying Constitutionalism And The Fourteenth Amendment, Ernest A. Young
Marquette Law Review
None
Trump V. Hawaii: Dissecting The Controversy Over Presidential Immigration Policies, Paul Taske
Trump V. Hawaii: Dissecting The Controversy Over Presidential Immigration Policies, Paul Taske
Immigration and Human Rights Law Review
No abstract provided.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
A Wall Of Hate: Eminent Domain And Interest-Convergence, Philip Lee
A Wall Of Hate: Eminent Domain And Interest-Convergence, Philip Lee
Brooklyn Law Review
Through the power of eminent domain, President Donald Trump is seeking to take properties owned by private landowners and Native American tribes, including people’s homes and businesses, to build a continuous physical wall along the two thousand-mile border between the United States and Mexico. He has even partially shut down the government for the longest period in history in order to pressure Congress to fund his wall. Substantial evidence suggests that this massive government condemnation scheme will not effectuate Trump’s primary purpose: to stop illegal immigration. If Trump succeeds, then potentially thousands of people from all racial backgrounds will lose …
Implicit Racial Bias And Students' Fourth Amendment Rights, Jason P. Nance
Implicit Racial Bias And Students' Fourth Amendment Rights, Jason P. Nance
Indiana Law Journal
Tragic acts of school violence such as what occurred in Columbine, Newtown, and, more recently, in Parkland and Santa Fe, provoke intense feelings of anger, fear, sadness, and helplessness. Understandably, in response to these incidents (and for other reasons), many schools have intensified the manner in which they monitor and control students. Some schools rely on combinations of security measures such as metal detectors; surveillance cameras; drug-sniffing dogs; locked and monitored gates; random searches of students’ belongings, lockers, and persons; and law enforcement officers. Not only is there little empirical evidence that these measures actually make schools safer, but overreliance …
Private Interests, Public Law, And Reconfigured Inequality In Modern Payment Card Networks, Stephen Wilks
Private Interests, Public Law, And Reconfigured Inequality In Modern Payment Card Networks, Stephen Wilks
Dickinson Law Review (2017-Present)
This Article examines two phenomena contributing to the racial stratification of consumers in credit card markets. The first phenomenon pertains to the longstanding conflict between card issuers and merchants over payment processing cost allocation. If successful, First Amendment challenges to existing statutory surcharge bans will allow merchants to impose an additional fee when consumers use credit cards as a form of payment. The Article relies on the interplay between socioeconomic class and behavioral theory to suggest subsistence borrowers would be more likely to pay surcharge fees than wealthier consumers. This arrangement disfavors the poor to support a hierarchy of borrowers, …
The Implied Promise Of A Guaranteed Education In The United States And How The Failure To Deliver It Equitably Perpetuates Generational Poverty, Anjaleck Flowers
The Implied Promise Of A Guaranteed Education In The United States And How The Failure To Deliver It Equitably Perpetuates Generational Poverty, Anjaleck Flowers
Mitchell Hamline Law Review
No abstract provided.
The Role Of Fault In Sec. 1983 Municipal Liability, Michael L. Wells
The Role Of Fault In Sec. 1983 Municipal Liability, Michael L. Wells
South Carolina Law Review
No abstract provided.
Adequate Education: The Disregarded Fundamental Right And The Resurgence Of Segregation Of Public Schools, Neubia L. Harris
Adequate Education: The Disregarded Fundamental Right And The Resurgence Of Segregation Of Public Schools, Neubia L. Harris
Mitchell Hamline Law Review
No abstract provided.
The New Impartial Jury Mandate, Richard Lorren Jolly
The New Impartial Jury Mandate, Richard Lorren Jolly
Michigan Law Review
Impartiality is the cornerstone of the Constitution’s jury trial protections. Courts have historically treated impartiality as procedural in nature, meaning that the Constitution requires certain prophylactic procedures that secure a jury that is more likely to reach verdicts impartially. But in Peña- Rodriguez v. Colorado, 137 S. Ct. 855 (2017), the Supreme Court recognized for the first time an enforceable, substantive component to the mandate. There, the Court held that criminal litigants have a Sixth Amendment right to jury decisions made without reliance on extreme bias, specifically on the basis of race or national origin. The Court did not …