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Full-Text Articles in Law and Race

Do Abolitionism And Constitutionalism Mix?, Aya Gruber Jan 2020

Do Abolitionism And Constitutionalism Mix?, Aya Gruber

Publications

No abstract provided.


Two Wrongs Make A Right: Hybrid Claims Of Discrimination, Ming Hsu Chen Jan 2004

Two Wrongs Make A Right: Hybrid Claims Of Discrimination, Ming Hsu Chen

Publications

This Note reinterprets and recontextualizes the pronouncement in Employment Division v. Smith (Smith II) that exemptions from generally applicable laws will not be granted unless claims of free exercise are accompanied by the assertion of another constitutional right. It argues that when Arab American Muslims, and others who are of minority race and religion, bring claims for exemption from generally applicable laws on the basis of free exercise and equal protection principles, they ought to be able to invoke Smith II's hybridity exception, thus meriting heightened judicial scrutiny and increased solicitude from courts.


Shaw V. Reno: On The Borderline, Emily Calhoun Jan 1993

Shaw V. Reno: On The Borderline, Emily Calhoun

Publications

No abstract provided.


Batson V. Kentucky: Curing The Disease But Killing The Patient, William T. Pizzi Jan 1987

Batson V. Kentucky: Curing The Disease But Killing The Patient, William T. Pizzi

Publications

No abstract provided.


The Thirteenth And Fourteenth Amendments: Constitutional Authority For Federal Legislation Against Private Sex Discrimination, Emily Calhoun Jan 1977

The Thirteenth And Fourteenth Amendments: Constitutional Authority For Federal Legislation Against Private Sex Discrimination, Emily Calhoun

Publications

No abstract provided.