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Full-Text Articles in Law and Politics

Murdering Crows: Pauli Murray, Intersectionality, And Black Freedom, Lisa A. Crooms-Robinson Jul 2022

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 Jul 2021

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 Oct 2020

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 Oct 2020

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 Mar 2020

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 Jan 2014

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 Sep 2012

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 Jun 2009

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 Sep 2007

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 Sep 2007

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 Sep 2007

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 Jun 2007

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 Mar 2004

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 Mar 2004

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 Mar 2004

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 Sep 2003

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 Sep 2003

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 Jun 2003

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 Mar 2003

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 Jun 2001

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 Jan 2001

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 Jan 1996

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 Jun 1995

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 Mar 1993

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. Mar 1993

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 Mar 1993

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 Mar 1992

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 Jan 1992

Corporate Political Speech, Larry E. Ribstein

Washington and Lee Law Review

No abstract provided.


The American Commonwealth. By Louis Heren, Donald M. Borrock Sep 1986

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 Jan 1984

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.