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Articles 1 - 30 of 36
Full-Text Articles in Law and Politics
Murdering Crows: Pauli Murray, Intersectionality, And Black Freedom, Lisa A. Crooms-Robinson
Murdering Crows: Pauli Murray, Intersectionality, And Black Freedom, Lisa A. Crooms-Robinson
Washington and Lee Law Review
What is intersectionality’s origin story and how did it make its way into human rights? Beginning in the 1940s, Pauli Murray (1910–1985) used Jane Crow to capture two distinct relationships between race and sex discrimination. One Jane used the race-sex analogy to show that race and sex were both unconstitutionally arbitrary. The other Jane captured Black women’s experiences and rights deprivations at the intersection of race and sex. Both Janes were based on Murray’s fundamental belief that the struggles against race and sex discrimination were different phases of the fight for human rights.
In 1966, Murray was part of the …
Which America?: Judge Roger L. Gregory And The Tradition Of African-American Political Thought, Daniel Fryer
Which America?: Judge Roger L. Gregory And The Tradition Of African-American Political Thought, Daniel Fryer
Washington and Lee Law Review
In this Article, written in connection with a symposium honoring Chief Judge Roger L. Gregory’s twenty years on the bench, I place Judge Gregory’s jurisprudence within the tradition of African-American political thought. I suggest that, at bottom, Judge Gregory has a leveling-up jurisprudence that seeks to interpret the Constitution in a way that ensures the least well-off in society are granted the same rights as the most privileged. This brand of democratic theorizing approximates a mainstream position by Black political theorists optimistically seeking to have the least well-off integrated into a fully equal society. By comparing and contrasting his work …
Say The Magic Words: Establishing A Historically Informed Standard To Prevent Partisanship From Shielding Racial Gerrymanders From Federal Judicial Review, Emily K. Dalessio
Say The Magic Words: Establishing A Historically Informed Standard To Prevent Partisanship From Shielding Racial Gerrymanders From Federal Judicial Review, Emily K. Dalessio
Washington and Lee Law Review
In its 2019 decision in Rucho v. Common Cause, the Supreme Court closed the doors of the federal courts to litigants claiming a violation of their constitutional rights based on partisan gerrymandering. In Rucho, the Court held that partisan gerrymandering presents a political question that falls outside the jurisdiction of the federal courts. However, the Supreme Court did not address an insidious consequence of this ruling: namely, that map-drawers may use partisan rationales to obscure what is otherwise an unconstitutional racial gerrymander. This Note uses North Carolina as an example of a state with a long history of …
Politicians As Fiduciaries: Public Law V. Private Law When Altering The Date Of An Election, Steven J. Cleveland
Politicians As Fiduciaries: Public Law V. Private Law When Altering The Date Of An Election, Steven J. Cleveland
Washington and Lee Law Review
In the 2019 decision Rucho v. Common Cause, the U.S. Supreme Court concluded that federal challenges to partisan gerrymandering—a practice yielding election results that “reasonably seem unjust”—were non-justiciable. If partisan gerrymandering claims are not federally justiciable, and if that conclusion emboldens politicians, how else might incumbents manipulate election mechanics to preserve their political advantage? This Article explores one possibility that was briefly mentioned by the Rucho majority: the strategic advancement or delay of the date of a federal election. The strategic shift of election day is not simply a theoretical problem. Foreign politicians have strategically altered their election days …
Supreme Court Journalism: From Law To Spectacle?, Barry Sullivan, Cristina Carmody Tilley
Supreme Court Journalism: From Law To Spectacle?, Barry Sullivan, Cristina Carmody Tilley
Washington and Lee Law Review
Few people outside certain specialized sectors of the press and the legal profession have any particular reason to read the increasingly voluminous opinions through which the Justices of the Supreme Court explain their interpretations of the Constitution and laws. Most of what the public knows about the Supreme Court necessarily comes from the press. That fact raises questions of considerable importance to the functioning of our constitutional democracy: How, for example, does the press describe the work of the Supreme Court? And has the way in which the press describes the work of the Court changed over the past several …
Standing At A Constitutional Divide: Redefining State And Federal Requirements For Initiatives After Hollingsworth V. Perry, Scott L. Kafker, David A. Russcol
Standing At A Constitutional Divide: Redefining State And Federal Requirements For Initiatives After Hollingsworth V. Perry, Scott L. Kafker, David A. Russcol
Washington and Lee Law Review
In Hollingsworth v. Perry, the Supreme Court denied standing to proponents of the California initiative prohibiting same-sex marriage, who wished to appeal a federal district court judge’s decision declaring the initiative unconstitutional. As suggested by the dissent, Hollingsworth has severe consequences for the twenty-four states in which the people can bypass elected officials and legislate directly through the initiative. The Supreme Court has established a clear constitutional divide between state and federal standing requirements for initiatives. Whereas states provide generous standing to proponents so officials do not exclusively control the defense of the people’s initiative process, the Supreme Court …
Limiting The Legislative Privilege: Analyzing The Scope Of The Speech Or Debate Clause, Kelly M. Mcguire
Limiting The Legislative Privilege: Analyzing The Scope Of The Speech Or Debate Clause, Kelly M. Mcguire
Washington and Lee Law Review
No abstract provided.
Failed Rescue: Why Davis V. Fec Signals The End To Effective Clean Elections, E. Stewart Crosland
Failed Rescue: Why Davis V. Fec Signals The End To Effective Clean Elections, E. Stewart Crosland
Washington and Lee Law Review
No abstract provided.
The Legacy Of Colonialism: Law And Women's Rights In India, Varsha Chitnis, Danaya Wright
The Legacy Of Colonialism: Law And Women's Rights In India, Varsha Chitnis, Danaya Wright
Washington and Lee Law Review
The relationship between nineteenth century England and colonial India was complex in terms of negotiating the different constituencies that claimed an interest in the economic and moral development of the colonies. After India became subject to the sovereignty of the English Monarchy in 1858, its future became indelibly linked with that of England's, yet India's own unique history and culture meant that many of the reforms the colonialists set out to undertake worked out differently than they anticipated. In particular, the colonial ambition of civilizing the barbaric native Indian male underlay many of the legal reforms attempted in the nearly …
The Future Of Palestinian Women's Rights: Lessons From A Half-Century Of Tunisian Progress, Adrien Katherine Wing, Hisham Kassim
The Future Of Palestinian Women's Rights: Lessons From A Half-Century Of Tunisian Progress, Adrien Katherine Wing, Hisham Kassim
Washington and Lee Law Review
No abstract provided.
Tunisia At The Forefront Of The Arab World: Two Waves Of Gender Legislation, Mounira M. Charrad
Tunisia At The Forefront Of The Arab World: Two Waves Of Gender Legislation, Mounira M. Charrad
Washington and Lee Law Review
Starting in the 1950s and ever since, Tunisia has implemented gender legislation expanding women's rights in family law. The ground breaking phase occurred with the promulgation of the Code of Personal Status in the mid-1950s during the formation of a national state in the aftermath of independence from French colonial rule. Another major phase occurred in the 1990s with citizenship law reforms as embodied in the Tunisian Code of Nationality. As a result of these two major phases, Tunisia has been at the fore front of "woman friendly" legislative changes in the Arab- Muslim world and is widely recognized as …
Bias Arbitrage, Amitai Aviram
Bias Arbitrage, Amitai Aviram
Washington and Lee Law Review
The production of law-including the choice of a law's subject matter, the timing of its enactment and the manner in which it is publicized and perceived by the public-is significantly driven by an extra-legal market in which politicians and private parties compete over the opportunity to engage in bias arbitrage. Bias arbitrage is the extraction of private benefits through actions that identify and mitigate discrepancies between actual risks and the public's perception of the same risks. Politicians arbitrage these discrepancies by enacting laws that address the misperceived risk and contain a "placebo effect"--a counter-bias that attempts to offset the pre-existing …
The Drafting Of A Constitution For The European Union: Europe's Madisonian Moment Or A Moment Of Madness?, Grainne De Burca
The Drafting Of A Constitution For The European Union: Europe's Madisonian Moment Or A Moment Of Madness?, Grainne De Burca
Washington and Lee Law Review
No abstract provided.
Lords Of Democracy: The Judicialization Of "Pure Politics" In The United States And Germany, Russell A. Miller
Lords Of Democracy: The Judicialization Of "Pure Politics" In The United States And Germany, Russell A. Miller
Washington and Lee Law Review
No abstract provided.
Restraint And Responsibility: Judicial Review Of Campaign Reform, Spencer Overton
Restraint And Responsibility: Judicial Review Of Campaign Reform, Spencer Overton
Washington and Lee Law Review
No abstract provided.
The Politics Of Medicare Reform, Jonathan Oberlander
The Politics Of Medicare Reform, Jonathan Oberlander
Washington and Lee Law Review
No abstract provided.
Medicare And Political Analysis: Omissions, Understandings, And Misunderstandings, Theodore Marmor, Spencer Martin, Jonathan Oberlander
Medicare And Political Analysis: Omissions, Understandings, And Misunderstandings, Theodore Marmor, Spencer Martin, Jonathan Oberlander
Washington and Lee Law Review
No abstract provided.
Campaign Finance Reform: Central Meaning And A New Approach, Mark C. Alexander
Campaign Finance Reform: Central Meaning And A New Approach, Mark C. Alexander
Washington and Lee Law Review
No abstract provided.
New Federalism's Unanswered Question: Who Should Prosecute State And Local Officials For Political Corruption?, George D. Brown
New Federalism's Unanswered Question: Who Should Prosecute State And Local Officials For Political Corruption?, George D. Brown
Washington and Lee Law Review
No abstract provided.
When Money Talks: Reconciling Buckley, The First Amendment, And Campaign Finance Reform, Stephanie Pestorich Manson
When Money Talks: Reconciling Buckley, The First Amendment, And Campaign Finance Reform, Stephanie Pestorich Manson
Washington and Lee Law Review
No abstract provided.
Challenges To Racial Redistricting In The New Millennium: Hunt V. Cromartie As A Case Study, Guy-Uriel E. Charles, Luis Fuentes-Rohwer
Challenges To Racial Redistricting In The New Millennium: Hunt V. Cromartie As A Case Study, Guy-Uriel E. Charles, Luis Fuentes-Rohwer
Washington and Lee Law Review
No abstract provided.
Judge Wisdom And The 1952 Republican National Convention: Ensuring Victory For Eisenhower And A Two-Party System For Louisiana, Joel William Friedman
Judge Wisdom And The 1952 Republican National Convention: Ensuring Victory For Eisenhower And A Two-Party System For Louisiana, Joel William Friedman
Washington and Lee Law Review
No abstract provided.
Challenging Episodic Practices Under Section 2 Of The Voting Rights Act: Critical Analysis Of Ortiz V. City Of Philadelphia Office Of The City Commissioners Voter Registration Division, John A. Earnhardt
Washington and Lee Law Review
No abstract provided.
The Clinton Tax Plan: The Tax Policy Pendulum Swings Back , John E. Chapoton
The Clinton Tax Plan: The Tax Policy Pendulum Swings Back , John E. Chapoton
Washington and Lee Law Review
No abstract provided.
Individual Tax Reform For Fairness And Simplicity: Let Economic Growth Fend For Itself , Martin J. Mcmahon, Jr.
Individual Tax Reform For Fairness And Simplicity: Let Economic Growth Fend For Itself , Martin J. Mcmahon, Jr.
Washington and Lee Law Review
No abstract provided.
Presidential Politics And Deficit Reduction: The Landscape Of Tax Policy In The 1980s And 1990s , Bernard M. Shapiro
Presidential Politics And Deficit Reduction: The Landscape Of Tax Policy In The 1980s And 1990s , Bernard M. Shapiro
Washington and Lee Law Review
No abstract provided.
The Public Choice Case Against The Item Veto, Maxwell L. Stearns
The Public Choice Case Against The Item Veto, Maxwell L. Stearns
Washington and Lee Law Review
No abstract provided.
Corporate Political Speech, Larry E. Ribstein
Corporate Political Speech, Larry E. Ribstein
Washington and Lee Law Review
No abstract provided.
The American Commonwealth. By Louis Heren, Donald M. Borrock
The American Commonwealth. By Louis Heren, Donald M. Borrock
Washington and Lee Law Review
No abstract provided.
Slavery, Economic Development And The Law: The Dilemma Of The Southern Political Economists, 1800-1860, Eugene D. Genovese, Elizabeth Fox-Genovese
Slavery, Economic Development And The Law: The Dilemma Of The Southern Political Economists, 1800-1860, Eugene D. Genovese, Elizabeth Fox-Genovese
Washington and Lee Law Review
No abstract provided.