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Articles 1 - 7 of 7
Full-Text Articles in Jurisprudence
Justice Stevens And The Emerging Law Of Sex Discrimination , John P. Wagner
Justice Stevens And The Emerging Law Of Sex Discrimination , John P. Wagner
Pepperdine Law Review
No abstract provided.
Justice Scalia's Constitution--And Ours, Kermit Roosevelt Iii
Justice Scalia's Constitution--And Ours, Kermit Roosevelt Iii
All Faculty Scholarship
No abstract provided.
A Thirteenth Amendment Framework For Combating Racial Profiling, William M. Carter Jr.
A Thirteenth Amendment Framework For Combating Racial Profiling, William M. Carter Jr.
Articles
Law enforcement officers’ use of race to single persons out for criminal suspicion (“racial profiling”) is the subject of much scrutiny and debate. This Article provides a new understanding of racial profiling. While scholars have correctly concluded that racial profiling should be considered a violation of the Fourth Amendment, the Fourteenth Amendment’s Equal Protection Clause, and existing federal statutes, this Article contends that the use of race as a proxy for criminality is also a badge and incident of slavery in violation of the Thirteenth Amendment.
Racial profiling is not only a denial of the right to equal treatment, but …
Affirmative Action, Douglas Scherer, John Dunne
Affirmative Action, Douglas Scherer, John Dunne
Touro Law Review
No abstract provided.
Social And Economic Interpretation Of The Fourteenth Amendment, Robert Eugene Cushman
Social And Economic Interpretation Of The Fourteenth Amendment, Robert Eugene Cushman
Michigan Law Review
For those who love precision and definiteness the question of the application of the Fourteenth Amendment to social and economic problems remains an irritating enigma. The judicial construction of due process of law and the equal protection of the law has from the first discouraged systematic analysis and defied synthesis. More than one writer has emerged from the study of the problem with a neat and compact set of fundamental principles, only to have the Supreme Court discourteously ignore them in its next case. But paradoxical as it may seem, those who long for a wise and forward-looking solution of …