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Full-Text Articles in Supreme Court of the United States

What Standards Apply When Freedoms Collide?, Neal Devins Sep 2019

What Standards Apply When Freedoms Collide?, Neal Devins

Neal E. Devins

No abstract provided.


The Possible Final Word On Employment Discrimination Relief, Neal Devins Sep 2019

The Possible Final Word On Employment Discrimination Relief, Neal Devins

Neal E. Devins

No abstract provided.


Righting Past Wrongs: When Affirmative Action May Be Reverse Discrimination, Neal Devins Sep 2019

Righting Past Wrongs: When Affirmative Action May Be Reverse Discrimination, Neal Devins

Neal E. Devins

No abstract provided.


School Desegregation Law In The 1980'S: The Courts' Abandonment Of Brown V. Board Of Education, Neal Devins Sep 2019

School Desegregation Law In The 1980'S: The Courts' Abandonment Of Brown V. Board Of Education, Neal Devins

Neal E. Devins

No abstract provided.


Commentary On Marriage Grants: Article Iii & Same-Sex Marriage, Neal Devins, Tara Leigh Grove Sep 2019

Commentary On Marriage Grants: Article Iii & Same-Sex Marriage, Neal Devins, Tara Leigh Grove

Tara L. Grove

No abstract provided.


Why The United States Supreme Court Got Some [But Not A Lot] Of The Sixth Amendment Right To Counsel Analysis Right, Paul Marcus Sep 2019

Why The United States Supreme Court Got Some [But Not A Lot] Of The Sixth Amendment Right To Counsel Analysis Right, Paul Marcus

Paul Marcus

No abstract provided.


The Death Knell For The Death Penalty And The Significance Of Global Realism To Its Abolition From Glossip V. Gross To Brumfield V. Cain, Linda A. Malone Sep 2019

The Death Knell For The Death Penalty And The Significance Of Global Realism To Its Abolition From Glossip V. Gross To Brumfield V. Cain, Linda A. Malone

Linda A. Malone

The Supreme Court’s jurisprudence regarding the death penalty, whether or not cruel, has most certainly been unusual in the annals of criminal punishment. In the short span of four years, the Court foreclosed and then reopened this form of punishment in Furman v. Georgia and Gregg v. Georgia. One year later the Court would categorically exclude the punishment for the rape of an adult. Five years later the Court would again preclude the punishment, for any defendant convicted of felony-murder who did not participate or share in the homicidal act or intent. In 1986 the Court would struggle with …


Commentary On Marriage Grants: Article Iii & Same-Sex Marriage, Neal Devins, Tara Leigh Grove Sep 2019

Commentary On Marriage Grants: Article Iii & Same-Sex Marriage, Neal Devins, Tara Leigh Grove

Neal E. Devins

No abstract provided.


Affirmative Action After Reagan, Neal Devins Sep 2019

Affirmative Action After Reagan, Neal Devins

Neal E. Devins

No abstract provided.


A New Look At An Old Association: Will Today's Women Be Tomorrow's Jaycees?, Neal Devins Sep 2019

A New Look At An Old Association: Will Today's Women Be Tomorrow's Jaycees?, Neal Devins

Neal E. Devins

No abstract provided.


Can Public Housing Tenants, Alleging Civil Rights Violations, Enforce Federal Housing Law?, Douglas Bowman, Neal Devins Sep 2019

Can Public Housing Tenants, Alleging Civil Rights Violations, Enforce Federal Housing Law?, Douglas Bowman, Neal Devins

Neal E. Devins

No abstract provided.


The Surprising Role Of Racial Hierarchy In The Civil Rights Jurisprudence Of The First Justice John Marshall Harlan, Davison M. Douglas Sep 2019

The Surprising Role Of Racial Hierarchy In The Civil Rights Jurisprudence Of The First Justice John Marshall Harlan, Davison M. Douglas

Davison M. Douglas

The first Justice John Marshall Harlan’s status as one of the greatest Supreme Court Justices in American history rests largely upon his civil rights jurisprudence. The literature exploring the nuances of Harlan’s civil rights jurisprudence is vast. Far less attention has been paid to the reasons for Harlan’s strong civil rights views. Developing a rich sense of Harlan’s thinking has been difficult because Harlan did not leave behind a large trove of non-judicial writings. There is, however, a remarkable source of Harlan’s thought that has been largely overlooked by scholars: Harlan’s constitutional law lectures at George Washington Law School of …


Comparing Supreme Court Jurisprudence In Obergefell V. Hodges And Town Of Castle Rock V. Gonzales: A Watershed Moment For Due Process Liberty, Jill C. Engle Aug 2019

Comparing Supreme Court Jurisprudence In Obergefell V. Hodges And Town Of Castle Rock V. Gonzales: A Watershed Moment For Due Process Liberty, Jill C. Engle

Jill Engle

The nature of injustice is that we may not always see it in our own times. The generations that wrote and ratified the Bill of Rights and the Fourteenth Amendment did not presume to know the extent of freedom in all of its dimensions, and so they entrusted to future generations a charter protecting the right of all persons to enjoy liberty as we learn its meaning. When new insight reveals discord between the Constitution’s central protections and a received legal stricture, a claim to liberty must be addressed.” -- Obergefell v. Hodges, 135 S. Ct. 2584, …


How Much Diversity Can The Us Constitution Stand?, Tanya Washington Dec 2015

How Much Diversity Can The Us Constitution Stand?, Tanya Washington

Tanya Monique Washington

No abstract provided.


Amicus Brief In "Robincheaux V. Caldwell", Tanya Washington, Catherine Smith, Susannah Pollvogt Nov 2015

Amicus Brief In "Robincheaux V. Caldwell", Tanya Washington, Catherine Smith, Susannah Pollvogt

Tanya Monique Washington

No abstract provided.


Age Discrimination And The Prima Facie Case: Supreme Court's Age Discrmination Decision Fails To Resolve Key Questions Arising Under The Adea, Steven Kaminshine Nov 2015

Age Discrimination And The Prima Facie Case: Supreme Court's Age Discrmination Decision Fails To Resolve Key Questions Arising Under The Adea, Steven Kaminshine

Steven J. Kaminshine

No abstract provided.


The Color Of Perspective: Affirmative Action And The Constitutional Rhetoric Of White Innocence, 11 Mich. J. Race & L. 477 (2006), Cecil J. Hunt Ii Aug 2015

The Color Of Perspective: Affirmative Action And The Constitutional Rhetoric Of White Innocence, 11 Mich. J. Race & L. 477 (2006), Cecil J. Hunt Ii

Cecil J. Hunt II

This Article discusses the Supreme Court's use of the rhetoric of White innocence in deciding racially-inflected claims of constitutional shelter. It argues that the Court's use of this rhetoric reveals its adoption of a distinctly White-centered perspective, representing a one-sided view of racial reality that distorts the Court's ability to accurately appreciate the true nature of racial reality in contemporary America. This Article examines the Court's habit of using a White-centered perspective in constitutional race cases. Specifically, it looks at the Court's use of the rhetoric of White innocence in the context of the Court's concern with protecting "innocent" Whites …


Justice Brennan: A Tribute To A Federal Judge Who Believes In State's Rights, 20 J. Marshall L. Rev. 1 (1986), Ann Lousin Jun 2015

Justice Brennan: A Tribute To A Federal Judge Who Believes In State's Rights, 20 J. Marshall L. Rev. 1 (1986), Ann Lousin

Ann M. Lousin

No abstract provided.


Fisher V. Texas: The Limits Of Exhaustion And The Future Of Race-Conscious University Admissions, John Powell, Stephen Menendian Mar 2015

Fisher V. Texas: The Limits Of Exhaustion And The Future Of Race-Conscious University Admissions, John Powell, Stephen Menendian

john a. powell

This Article investigates the potential ramifications of Fisher v. Texas and the future of race-conscious university admissions. Although one cannot predict the ultimate significance of the Fisher decision, its brief and pregnant statements of law portends an increasingly perilous course for traditional affirmative action programs. Part I explores the opinions filed in Fisher, with a particular emphasis on Justice Kennedy’s opinion on behalf of the Court. We focus on the ways in which the Fisher decision departs from precedent, proscribes new limits on the use of race in university admissions, and tightens requirements for narrow tailoring. Part II investigates the …


If The Supreme Court Listens To Millennials, Same Sex Marriage Will Become Legal, Tanya M. Washington Oct 2014

If The Supreme Court Listens To Millennials, Same Sex Marriage Will Become Legal, Tanya M. Washington

Tanya Monique Washington

No abstract provided.


The Diversity Dichotomy: The Supreme Courts Reticence To Give Race A Capital R, Tanya M. Washington Oct 2014

The Diversity Dichotomy: The Supreme Courts Reticence To Give Race A Capital R, Tanya M. Washington

Tanya Monique Washington

No abstract provided.


In The U.S. Supreme Court: How To Define Who Qualifies As An 'Employer' Within The Meaning Of Title Vii, Steven Kaminshine Oct 2014

In The U.S. Supreme Court: How To Define Who Qualifies As An 'Employer' Within The Meaning Of Title Vii, Steven Kaminshine

Steven J. Kaminshine

No abstract provided.


Court's Age Discrimination Decision Fails To Resolve Key Questions Arising Under The Adea, Steven Kaminshine Oct 2014

Court's Age Discrimination Decision Fails To Resolve Key Questions Arising Under The Adea, Steven Kaminshine

Steven J. Kaminshine

No abstract provided.


In The U.S. Supreme Court: Does Title Vii Protect Former Employees From Acts Of Retaliation By Former Employers?, Steven Kaminshine Oct 2014

In The U.S. Supreme Court: Does Title Vii Protect Former Employees From Acts Of Retaliation By Former Employers?, Steven Kaminshine

Steven J. Kaminshine

No abstract provided.


Views On Supreme Court's Same-Sex Marriage Decisions, Vincent Samar Jul 2013

Views On Supreme Court's Same-Sex Marriage Decisions, Vincent Samar

Vincent Samar

Views on Supreme Court's Same-Sex Marriage Decisions


Book Review (Reviewing Christopher Waldrep, Jury Discrimination: The Supreme Court, Public Opinion, And A Grassroots Fight For Racial Equality In Mississippi (2010)), Christopher W. Schmidt Dec 2011

Book Review (Reviewing Christopher Waldrep, Jury Discrimination: The Supreme Court, Public Opinion, And A Grassroots Fight For Racial Equality In Mississippi (2010)), Christopher W. Schmidt

Christopher W. Schmidt

No abstract provided.


True Integration: Advancing Brown's Goal Of Educational Equity In The Wake Of Grutter, Lia Epperson Dec 2004

True Integration: Advancing Brown's Goal Of Educational Equity In The Wake Of Grutter, Lia Epperson

Lia Epperson

The late Supreme Court Justice Thurgood Marshall, founder of the NAACP Legal Defense Fund ("LDF"), and head of the legal team that litigated Brown v. Board of Education,' knew well the challenges that desegregation posed in a nation founded on a system of racial subjugation and white supremacy. A full thirty years after Brown, he acknowledged: Desegregation is not and was never expected to be an easy task. Racial attitudes ingrained in our Nation's childhood and adolescence are not quickly thrown aside in its middle years.... In the short run, it may seem to be the easier course to allow …