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White Supremacy, Police Brutality, And Family Separation: Preventing Crimes Against Humanity Within The United States, Elena Baylis 2022 University of Pittsburgh School of Law

White Supremacy, Police Brutality, And Family Separation: Preventing Crimes Against Humanity Within The United States, Elena Baylis

Articles

Although the United States tends to treat crimes against humanity as a danger that exists only in authoritarian or war-torn states, in fact, there is a real risk of crimes against humanity occurring within the United States, as illustrated by events such as systemic police brutality against Black Americans, the federal government’s family separation policy that took thousands of immigrant children from their parents at the southern border, and the dramatic escalation of White supremacist and extremist violence culminating in the January 6, 2021 attack on the U.S. Capitol. In spite of this risk, the United States does ...


Does The Ministerial Exception Protect A Minister's Humiliating Comments?, Yiting Feng 2021 Saint Louis University School of Law

Does The Ministerial Exception Protect A Minister's Humiliating Comments?, Yiting Feng

SLU Law Journal Online

The Seventh Circuit case of Demkovich v. St. Andrew the Apostle Parish applied the ministerial exception to bar a fired minister’s claim of a hostile work environment. In this article, Yiting Feng lists the reason why she disagrees with the majority opinion and leans towards the dissenting opinion.


Why The Civil Rights Cases Belong In The Anti-Canon: Black Citizenship, The Fourteenth Amendment, And Judicial Interposition, Matthew Norman, Christopher Bryant 2021 The University of Akron

Why The Civil Rights Cases Belong In The Anti-Canon: Black Citizenship, The Fourteenth Amendment, And Judicial Interposition, Matthew Norman, Christopher Bryant

ConLawNOW

This essay analyzes the Supreme Court’s ruling in The Civil Rights Cases (1883) and surveys both contemporary and scholarly responses to it. Citizenship should mean something, and the Court’s ruling in The Civil Rights Cases invalidated much of the Civil Rights Act of 1875, the most ambitious and progressive civil rights legislation that Congress enacted prior to 1964. When the Supreme Court issued its decision in Dred Scott, Abraham Lincoln warned of a sequel that would nationalize slavery. While the Thirteenth Amendment eliminated the possibility of such a decision, Dred Scott is widely recognized as one of the ...


Call For Action: Provinces And Territories Must Protect Our Genetic Information, Leah Hutt, Elaine Gibson, Erin Kennedy 2021 Schulich School of Law, Dalhousie University

Call For Action: Provinces And Territories Must Protect Our Genetic Information, Leah Hutt, Elaine Gibson, Erin Kennedy

Dalhousie Law Journal

The Genetic Non-Discrimination Act (GNDA), passed by Parliament in 2017, seeks to protect Canadians’ genetic information. The GNDA establishes certain criminal prohibitions to the use of genetic information and also amends federal employment and human rights legislation to protect against genetic discrimination. However, we argue that the GNDA alone is insufficient to protect Canadians given constitutional limitations on the powers of the federal government. Areas of profound importance relating to genetic discrimination are governed by the provinces and territories. We identify three key areas of provincial/territorial jurisdiction relevant to protection against genetic discrimination and outline the applicable legislative environments ...


Jus Ad Bellum, Natural Law, And The Invasion Of Iraq, Johnny Davis, Johnny B. Davis 2021 Liberty University

Jus Ad Bellum, Natural Law, And The Invasion Of Iraq, Johnny Davis, Johnny B. Davis

Liberty University Journal of Statesmanship & Public Policy

The thesis is the coalition invasion of Iraq violated international law because it went beyond the limited authority to use force given by United Nations Resolution 144 and violated natural law just war principles. The involvement of the United States not only violated just war principles but the requirements of the United States Constitution because Congress did not declare war as was required. The invasion also went beyond the legal limits imposed by the United States Joint Congressional Resolution authorizing the use passed on 2 October 2002. Further, the invasion was not justified by any prior United Nations resolution nor ...


Subnational Constitutionalism In The United States: Powerful States In A Powerful Federation, James A. Gardner 2021 University at Buffalo School of Law

Subnational Constitutionalism In The United States: Powerful States In A Powerful Federation, James A. Gardner

Contributions to Books

Published as Chapter 19 in Routledge Handbook of Subnational Constitutions and Constitutionalism, Patricia Popelier, Nicholas Aroney & Giacomo Delledonne, eds.


Second Amendment Animus, Jacob D. Charles 2021 Northwestern Pritzker School of Law

Second Amendment Animus, Jacob D. Charles

Northwestern University Law Review

No abstract provided.


The State's Monopoly Of Force And The Right To Bear Arms, Robert Leider 2021 Northwestern Pritzker School of Law

The State's Monopoly Of Force And The Right To Bear Arms, Robert Leider

Northwestern University Law Review

No abstract provided.


The Future Of The Second Amendment In A Time Of Lawless Violence, Nelson Lund 2021 Northwestern Pritzker School of Law

The Future Of The Second Amendment In A Time Of Lawless Violence, Nelson Lund

Northwestern University Law Review

No abstract provided.


When Two Rights Make A Wrong: Armed Assembly Under The First And Second Amendments, Michael C. Dorf 2021 Northwestern Pritzker School of Law

When Two Rights Make A Wrong: Armed Assembly Under The First And Second Amendments, Michael C. Dorf

Northwestern University Law Review

No abstract provided.


When Guns Threaten The Public Sphere: A New Account Of Public Safety Under Heller, Joseph Blocher, Reva B. Siegel 2021 Northwestern Pritzker School of Law

When Guns Threaten The Public Sphere: A New Account Of Public Safety Under Heller, Joseph Blocher, Reva B. Siegel

Northwestern University Law Review

No abstract provided.


The Second Amendment In A Carceral State, Alice Ristroph 2021 Northwestern Pritzker School of Law

The Second Amendment In A Carceral State, Alice Ristroph

Northwestern University Law Review

No abstract provided.


Second Amendment Equilibria, Darrell A.H. Miller 2021 Northwestern Pritzker School of Law

Second Amendment Equilibria, Darrell A.H. Miller

Northwestern University Law Review

No abstract provided.


The Resilience Of Substantive Rights And The False Hope Of Procedural Rights: The Case Of The Second Amendment And The Seventh Amendment, Renée Lettow Lerner 2021 Northwestern Pritzker School of Law

The Resilience Of Substantive Rights And The False Hope Of Procedural Rights: The Case Of The Second Amendment And The Seventh Amendment, Renée Lettow Lerner

Northwestern University Law Review

No abstract provided.


Justice Gorsuch's Choice: From Bostock V. Clayton County To Dobbs V. Jackson Women's Health Organization, Marc Spindelman 2021 The University of Akron

Justice Gorsuch's Choice: From Bostock V. Clayton County To Dobbs V. Jackson Women's Health Organization, Marc Spindelman

ConLawNOW

Informed speculation holds that the Supreme Court’s decision to hear and decide Dobbs v. Jackson Women’s Health Organization spells bad news for constitutional abortion rights. Recognizing both the stakes and the odds, this brief commentary engages Justice Neil Gorsuch’s majority opinion in Bostock v. Clayton County and the prospects that it opens up in Dobbs for a future for—not against—abortion rights. Bostock’s pro-gay and pro-trans sex discrimination rulings are built atop—and go out of their way to reaffirm—women’s statutorily-grounded economic and social rights, and hence women’s equal citizenship stature. Moreover ...


Aals Constitutional Law Panel On Brown, Another Council Of Nicaea?, Kelly A. MacGrady, John W. Van Doren 2021 The University of Akron

Aals Constitutional Law Panel On Brown, Another Council Of Nicaea?, Kelly A. Macgrady, John W. Van Doren

Akron Law Review

When considering the product of the AALS Constitutional Law Panel, entitled "What Brown Should Have Said," held in January 2000, in Washington, D.C., we have experienced considerable disorientation. We therefore ask the question asked by Lucretia in Machievelli's play, The Mandragola, "Do you mean it or are you laughing at me?" We fear that the Panelists may be laughing at us. Because, in short, their writings criticize the formalism that they use in the panel court opinions. In this article, we pick four of the Panelists, more or less at random, and confront the question of whether their ...


Identical Constitutional Language: What Is A State Court To Do? The Ohio Case Of State V. Robinette, Marianna Brown Bettman 2021 The University of Akron

Identical Constitutional Language: What Is A State Court To Do? The Ohio Case Of State V. Robinette, Marianna Brown Bettman

Akron Law Review

We are in the era of rediscovery of state constitutional law. In Ohio, there has been an official announcement of this in the syllabus of a highly significant case, Arnold v. City of Cleveland. In Ohio, the syllabus is the law of the case. The syllabus of Arnold begins with the simple but dramatic statement, "The Ohio Constitution is a document of independent force." It goes on to state, in the remainder of the paragraph, the basic guidepost of federal/state relations in the area of individual rights: In the areas of individual rights and civil liberties, the United States ...


'Divisive Concepts' Law And The Big Chill, John M. Greabe 2021 University of New Hampshire Franklin Pierce School of Law

'Divisive Concepts' Law And The Big Chill, John M. Greabe

Law Faculty Scholarship

[Excerpt] "Much Critical commentary concerning the so-called "divisive concepts" provisions in this year's budget legislation has focused on their restrictions on speech. These restrictions, among other things, forbid public K-12 teachers from instructing that some persons are "inherently superior or inferior to [others]", "inherently racist or sexist," "should be discriminated against," or "should not attempt to treat others equally" because of their "age, sex gender identity, sexual orientation, race, creed, color, marital status, mental or physical disability, religion, or national origin."


New Hampshire's 'Divisive Concepts' Law And The Big Chill, John M. Greabe 2021 University of New Hampshire Franklin Pierce School of Law

New Hampshire's 'Divisive Concepts' Law And The Big Chill, John M. Greabe

Law Faculty Scholarship

[Excerpt] "

Much critical commentary on the so-called “divisive concepts” provisions in this year’s budget legislation – the label comes from language in an earlier version of the bill – has focused on their content- and viewpoint-based restraints on speech. These speech restrictions prohibit state public employers, including public K-12 school teachers, from (among other things) instructing that persons are “inherently superior or inferior to [others]” “inherently racist or sexist,” “should be discriminated against,” or “should not attempt to treat others equally” because of their “age, sex, gender identity, sexual orientation, race, creed, color, marital status, familial status, mental or physical disability ...


Breaking The Logjam: Principles And Practice Of Congressional Oversight And Executive Privilege, Katherine A. Shaw 2021 Cardozo School of Law

Breaking The Logjam: Principles And Practice Of Congressional Oversight And Executive Privilege, Katherine A. Shaw

Testimony

My name is Kate Shaw, and I am a Professor of Law at Cardozo Law School, where my work focuses, among other things, on executive power and questions of constitutionalism outside the courts. Before I entered law teaching, I worked as an Associate Counsel in the White House Counsel’s Office, from 2009–2011.

I understand that the purpose of today’s hearing is to evaluate recent breakdowns in the process for resolving conflicts between executive privilege and congressional oversight. My testimony will therefore offer some brief background on executive privilege, both generally and in the context of Congress’s ...


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