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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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
University of Arkansas at Little Rock Law Review
No abstract provided.
Implying A Private Cause Of Action Under Title Vi, Sheldon Joel Tepler
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
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
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
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.