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Constitutional Law Commons

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University of Arkansas at Little Rock William H. Bowen School of Law

Civil Rights and Discrimination

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Articles 1 - 20 of 20

Full-Text Articles in Constitutional Law

Amicus Curiae Brief: Private For Profit Incarceration Violates The 13th Amendment Of The United States Constitution, André Douglas Pond Cummings, Zoë Harris, Casey Bates, Natasha Cornell Jan 2021

Amicus Curiae Brief: Private For Profit Incarceration Violates The 13th Amendment Of The United States Constitution, André Douglas Pond Cummings, Zoë Harris, Casey Bates, Natasha Cornell

Faculty Scholarship

The Thirteenth Amendment to the United States Constitution outlawed chattel slavery in the United States following a violent Civil War and a chilling era of slavery conducted primarily in the nation’s southern states. In passing this Amendment, Congress included a clause that excepted a certain population from this general prohibition, namely, prisoners. In what has become known as the “punishment clause,” Section I of the Thirteenth Amendment states explicitly “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their …


Four Pathways Of Undermining Board Of Trustees Of The University Of Alabama V. Garrett, Derek Warden Apr 2020

Four Pathways Of Undermining Board Of Trustees Of The University Of Alabama V. Garrett, Derek Warden

University of Arkansas at Little Rock Law Review

In Board of Trustees of the University of Alabama v. Garrett, the Supreme Court held that Title I of the ADA did not validly abrogate state sovereign immunity; and as such, a plaintiff could not obtain damages against the states or sue the states directly for injunctive relief. Many courts and scholars have read Garrett as sounding the death knell for ADA Title I government employee plaintiffs. This article shows that such fears are misplaced. Indeed, this article offers four pathways around Garrett that show Title I and its requirements are very much alive and well. First, the article shows …


The First Amendment And The Police In The Digital Age, Kermit V. Lipez Oct 2016

The First Amendment And The Police In The Digital Age, Kermit V. Lipez

The Journal of Appellate Practice and Process

No abstract provided.


Why Reparations To African Descendants In The United States Are Essential To Democracy, Adjoa A. Aiyetoro Jan 2011

Why Reparations To African Descendants In The United States Are Essential To Democracy, Adjoa A. Aiyetoro

Faculty Scholarship

No abstract provided.


Employment Discrimination - In Vitro Fertilization And The Pregnancy Discrimination Act Of 1978: How Far Can The Courts Expand The Coverage Of The Pda To Protect Reproductive Technology, Justin A. Hinton Jul 2010

Employment Discrimination - In Vitro Fertilization And The Pregnancy Discrimination Act Of 1978: How Far Can The Courts Expand The Coverage Of The Pda To Protect Reproductive Technology, Justin A. Hinton

University of Arkansas at Little Rock Law Review

No abstract provided.


Historic And Modern Social Movements For Reparations: The National Coalition Of Blacks For Reparations In America (N'Cobra) And Its Antecedents, Adjoa A. Aiyetoro, Adrienne D. Davis Jan 2010

Historic And Modern Social Movements For Reparations: The National Coalition Of Blacks For Reparations In America (N'Cobra) And Its Antecedents, Adjoa A. Aiyetoro, Adrienne D. Davis

Faculty Scholarship

Most of the legal scholarship on reparations for Blacks in America focuses on its legal or political viability. This literature has considered both procedural obstacles, such as statutes of limitations and sovereign immunity, as well as the substantive conception of a defensible cause of action. Indeed, Congressman John Conyers introduced H.R. 40, a bill to study reparations, in 1989 and every Congressional session since, and there have been three law suits that have received national attention. This Essay takes a different approach, considering reparations as a social movement with a rich and under-explored history. As Robin Kelley explains, such an …


Can We Talk? How Triggers For Unconscious Racism Strengthen The Importance Of Dialogue, Adjoa A. Aiyetoro Jan 2009

Can We Talk? How Triggers For Unconscious Racism Strengthen The Importance Of Dialogue, Adjoa A. Aiyetoro

Faculty Scholarship

No abstract provided.


Truth Matters: A Call For The American Bar Association To Acknowledge Its Past And Make Reparations To African Descendants, Adjoa A. Aiyetoro Jan 2007

Truth Matters: A Call For The American Bar Association To Acknowledge Its Past And Make Reparations To African Descendants, Adjoa A. Aiyetoro

Faculty Scholarship

No abstract provided.


Constitutional Law—First Amendment And Congress's Spending Clause Power—The Supreme Court's Supports Military Recruiters And The United States Military's Discrimination Against Homosexuals Despite Law Schools' Protests. Rumsfeld V. Forum For Academic & Institutional Rights, Inc., 126 S. Ct. 1297 (2006)., Matthew K. Brown Jan 2007

Constitutional Law—First Amendment And Congress's Spending Clause Power—The Supreme Court's Supports Military Recruiters And The United States Military's Discrimination Against Homosexuals Despite Law Schools' Protests. Rumsfeld V. Forum For Academic & Institutional Rights, Inc., 126 S. Ct. 1297 (2006)., Matthew K. Brown

University of Arkansas at Little Rock Law Review

p> This note examines the forces in play leading up to the United States Supreme Court's decision in Rumsfeld v. Forum for Academic & Institutional Rights, Inc., a case in which the Court upheld a federal law conditioning the receipt of federal funding by law schools (and other institutions of higher learning) on those schools granting United States Military recruiters equal access to students, despite First Amendment claims brought by those schools. This note first explores the facts leading to the controversy that culminated in an appeal to the Supreme Court. Next, this note explores the background of the issues …


Brown Et Al. V. Board Of Education Of Topeka Et Al., 347 U.S. 483 (1954), Supreme Court Of The United States Apr 2004

Brown Et Al. V. Board Of Education Of Topeka Et Al., 347 U.S. 483 (1954), Supreme Court Of The United States

The Journal of Appellate Practice and Process

No abstract provided.


Constitutional Law—Privacy And Equal Protection—Arkansas Joins Other States In A Revival Of State Constitutions As Guardians Of Individual Rights, Establishing New Protections For Arkansas Gays And Lesbians. Jegley V. Picado, 349 Ark. 600, 80 S.W.3d 332 (2002)., Bonnie Johnson Apr 2003

Constitutional Law—Privacy And Equal Protection—Arkansas Joins Other States In A Revival Of State Constitutions As Guardians Of Individual Rights, Establishing New Protections For Arkansas Gays And Lesbians. Jegley V. Picado, 349 Ark. 600, 80 S.W.3d 332 (2002)., Bonnie Johnson

University of Arkansas at Little Rock Law Review

No abstract provided.


Constitutional Law—Commerce Clause—Violence Against Women Act's Civil Rights Remedy Exceeds Congress's Powers To Regulate Interstate Commerce. United States V. Morrison, 120 S. Ct. 1740 (2000)., Jennifer L. Wethington Jan 2001

Constitutional Law—Commerce Clause—Violence Against Women Act's Civil Rights Remedy Exceeds Congress's Powers To Regulate Interstate Commerce. United States V. Morrison, 120 S. Ct. 1740 (2000)., Jennifer L. Wethington

University of Arkansas at Little Rock Law Review

No abstract provided.


Constitutional Law—Gender Equality And Single-Sex Education. United States V. Virginia, 116 S. Ct. 2264 (1996)., Heather Larkin Eason Oct 1997

Constitutional Law—Gender Equality And Single-Sex Education. United States V. Virginia, 116 S. Ct. 2264 (1996)., Heather Larkin Eason

University of Arkansas at Little Rock Law Review

No abstract provided.


An Overview Of The Arkansas Civil Rights Act Of 1993, Theresa M. Beiner Jan 1997

An Overview Of The Arkansas Civil Rights Act Of 1993, Theresa M. Beiner

Faculty Scholarship

No abstract provided.


Constitutional Law—Equal Protection - Race Shall Not Be The Predominant Factor In Congressional District Drawing, Kevin G. Beckham Oct 1996

Constitutional Law—Equal Protection - Race Shall Not Be The Predominant Factor In Congressional District Drawing, Kevin G. Beckham

University of Arkansas at Little Rock Law Review

No abstract provided.


Constitutional Law—Civil Rights—State's Failure To Protect Child From Known Abuse Does Not Trigger Liability Under Section 1983. Deshaney V. Winnebago County Department Of Social Services, 109 S. Ct. 998 (1989)., Sarah J. Hefley Oct 1989

Constitutional Law—Civil Rights—State's Failure To Protect Child From Known Abuse Does Not Trigger Liability Under Section 1983. Deshaney V. Winnebago County Department Of Social Services, 109 S. Ct. 998 (1989)., Sarah J. Hefley

University of Arkansas at Little Rock Law Review

No abstract provided.


Implying A Private Cause Of Action Under Title Vi, Sheldon Joel Tepler Jan 1983

Implying A Private Cause Of Action Under Title Vi, Sheldon Joel Tepler

University of Arkansas at Little Rock Law Review

No abstract provided.


Civil Rights—42 U.S.C. Section 1983: Statute Of Limitations—Eighth Circuit Rejects Tort Analogy, Martha Gilpatrick Jul 1982

Civil Rights—42 U.S.C. Section 1983: Statute Of Limitations—Eighth Circuit Rejects Tort Analogy, Martha Gilpatrick

University of Arkansas at Little Rock Law Review

No abstract provided.


Constitutional Law—Equal Protection—California's Gender Based Statutory Rape Law Upheld, Lynn Wintory Wilhite Apr 1982

Constitutional Law—Equal Protection—California's Gender Based Statutory Rape Law Upheld, Lynn Wintory Wilhite

University of Arkansas at Little Rock Law Review

No abstract provided.


Constitutional Law—Due Process—Equal Protection—Exclusion Of Females From Registration For Draft Not Violative Of Fifth Amendment, Neil Deininger Apr 1982

Constitutional Law—Due Process—Equal Protection—Exclusion Of Females From Registration For Draft Not Violative Of Fifth Amendment, Neil Deininger

University of Arkansas at Little Rock Law Review

No abstract provided.