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Full-Text Articles in Jurisprudence
Civil Rights Equity: An Introduction To A Theory Of What Civil Rights Has Become, John Valery White
Civil Rights Equity: An Introduction To A Theory Of What Civil Rights Has Become, John Valery White
Washington and Lee Law Review
This Article argues that civil rights law is better understood as civil rights equity. It contends that the four-decade-long project of restricting civil rights litigation has shaped civil rights jurisprudence into a contemporary version of traditional equity. For years commentators have noted the low success rates of civil rights suits and debated the propriety of increasingly restrictive procedural and substantive doctrines. Activists have lost faith in civil rights litigation as an effective tool for social change, instead seeking change in administrative forums, or by asserting political pressure through social media and activism to compel policy change. As for civil rights …
The Dilemma Of Interstatutory Interpretation, Anuj C. Desai
The Dilemma Of Interstatutory Interpretation, Anuj C. Desai
Washington and Lee Law Review
Courts engage in interstatutory cross-referencing all the time, relying on one statute to help interpret another. Yet, neither courts nor scholars have ever had a satisfactory theory for determining when it is appropriate. Is it okay to rely on any other statute as an interpretive aid? Or, are there limits to the practice? If so, what are they? To assess when interstatutory cross-referencing is appropriate, I focus on one common form of the technique, the in pari materia doctrine. When a court concludes that two statutes are in pari materia or (translating the Latin) “on the same subject,” the court …