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Voting Rights And The History Of Institutionalized Racism: Criminal Disenfranchisement In The United States And South Africa, Brock A. Johnson 2017 University of Georgia School of Law

Voting Rights And The History Of Institutionalized Racism: Criminal Disenfranchisement In The United States And South Africa, Brock A. Johnson

Georgia Journal of International & Comparative Law

No abstract provided.


The Boundaries Of Partisan Gerrymandering, John M. Greabe 2017 University of New Hampshire School of Law

The Boundaries Of Partisan Gerrymandering, John M. Greabe

Legal Scholarship

[Excerpt] “In my most recent column, I expressed concern about the effectiveness of the constitutional decision rules that currently govern gerrymandering – the redrawing of electoral districts in a manner that favors the incumbent majority at the expense of those out of power.

Briefly, the Constitution has not been interpreted to prohibit redistricting with an eye toward advancing the interests of the political party in power. But it has been interpreted to bar legislators from redistricting on racial grounds – at least in most circumstances.

The problem is that voters from certain racial groups tend to vote overwhelmingly for a single party ...


Race, Partisan Gerrymandering And The Constitution, John M. Greabe 2017 University of New Hampshire School of Law

Race, Partisan Gerrymandering And The Constitution, John M. Greabe

Legal Scholarship

[Excerpt] “For the most part, the Constitution speaks in generalities. The 14th Amendment, for example, instructs the states to provide all persons the "equal protection of the laws." But obviously, this cannot mean that states are always forbidden from treating a person differently than any other person. Children can, of course, be constitutionally barred from driving, notwithstanding the Equal Protection Clause. Thus, there is a need within our constitutional system to refine the Constitution's abstract provisions.”


The Legacy Of Slavery And The Continued Marginalization Of Communities Of Color Within The Legal System, Julia N. Alvarez 2017 The Graduate Center, City University of New York

The Legacy Of Slavery And The Continued Marginalization Of Communities Of Color Within The Legal System, Julia N. Alvarez

All Graduate Works by Year: Dissertations, Theses, and Capstone Projects

The aim of this thesis paper is to demonstrate how the history of slavery in the United States continues to marginalize communities of color. The history of slavery in America was the result of various factors. Some of these factors included but were not limited to; economic, legal, and social. Slavery provided a reliable and self-reproducing workforce. The laws enacted during slavery ensured the continuation of the social order of the time. This social order was based on the generalized understanding that blacks were born into servitude. Those born into slavery were not given the same legal or economic status ...


Reflection: How Multiracial Lives Matter 50 Years After Loving, Lauren Sudeall Lucas 2017 Georgia State University College of Law

Reflection: How Multiracial Lives Matter 50 Years After Loving, Lauren Sudeall Lucas

Faculty Publications By Year

Black Lives Matter. All Lives Matter. These two statements are both true, but connote very different sentiments in our current political reality. To further complicate matters, in this short reflection piece, I query how multiracial lives matter in the context of this heated social and political discussion about race. As a multiracial person committed to racial justice and sympathetic both to those pushing for recognition of multiracial identity and to those who worry such recognition may undermine larger movements, these are questions I have long grappled with both professionally and personally. Of course, multiracial lives matter - but do they constitute ...


Occupational Licensing: Quality Control Or Enterprise Killer? Problems That Arise When People Must Get The Government's Permission To Work, W. Sherman Rogers 2017 Pepperdine University

Occupational Licensing: Quality Control Or Enterprise Killer? Problems That Arise When People Must Get The Government's Permission To Work, W. Sherman Rogers

The Journal of Business, Entrepreneurship & the Law

This Article is organized into six parts: Part one (the current section) provides the reader with an introduction and overview of the issues that have arisen because of states’ ever-expanding regulation of occupations requiring qualifications and credentials for holding certain jobs. Such qualifications often appear totally unnecessary to one’s ability to safely and competently perform a job. Part two provides background information on the Lochner Era of Supreme Court jurisprudence, the aftermath of the Lochner Era, and a brief history of the issues involved in state occupational licensing requirements. Part three discusses and evaluates recent cases of note—primarily ...


Hiding In Plain View: A Path Around Sovereign Immunity For State Government Employees, William J. Rich 2017 College of William & Mary Law School

Hiding In Plain View: A Path Around Sovereign Immunity For State Government Employees, William J. Rich

William & Mary Bill of Rights Journal

No abstract provided.


With Liberty And Justice For Some: Denial Of Meaningful Due Process In School Disciplinary Actions In Ohio, Genevieve Vince 2017 Cleveland-Marshall College of Law

With Liberty And Justice For Some: Denial Of Meaningful Due Process In School Disciplinary Actions In Ohio, Genevieve Vince

Cleveland State Law Review

Students face many different obstacles in school and arbitrary exclusion should not be one of them. Despite the Supreme Court stating that students do not shed their rights at the schoolhouse gate, they in fact do shed their rights. This Note examines how school disciplinary actions deny students meaningful due process. It discusses the foundation of modern due process, including what other rights have been incorporated into the contemporary understanding of due process as well as its historic roots. Additionally, this Note explores the case that established the procedures required of school administrators to comport with a student’s right ...


A Court Pure And Unsullied: Justice In The Justice Trial At Nuremberg, Stephen J. Sfekas 2017 Circuit Court for Baltimore City, Maryland

A Court Pure And Unsullied: Justice In The Justice Trial At Nuremberg, Stephen J. Sfekas

University of Baltimore Law Review

In the immediate aftermath of World War II, the common understanding was that the Nazi regime had been maintained by a combination of instruments of terror, such as the Gestapo, the SS, and concentration camps, combined with a sophisticated propaganda campaign. Modern historiography, however, has revealed the critical importance of the judiciary, the Justice Ministry, and the legal profession to maintaining the stability of the regime.

As an example, although the number of persons confined to concentration camps from 1933 to 1934 rose to as many as 100,000 people, most were quickly released. The number of concentration camp inmates ...


A Comprehensive Analysis Of Roe V. Wade And Its Legality In Respect To Scientific And Christian Perspectives, Gabriella Morillo 2017 Southeastern University - Lakeland

A Comprehensive Analysis Of Roe V. Wade And Its Legality In Respect To Scientific And Christian Perspectives, Gabriella Morillo

Selected Honors Theses

This thesis is about the Supreme Court case Roe v. Wade and how the Court in Roe ruled a child as a “potential to life.” The Fifth and Fourteenth Amendments show that there is an expectation of privacy in regards to a woman and her doctor but it is questionable as to whether or not the expectation of privacy can cover the fetus in the womb. The question raised next is whether or not the woman has complete rights to the fetus and whether or not she can decide if the fetus has a right to live or not. Coming ...


Liberty Of Palate, Samuel R. Wiseman 2017 University of Maine School of Law

Liberty Of Palate, Samuel R. Wiseman

Maine Law Review

As lawmakers concerned with problems as diverse as childhood obesity, animal cruelty, and listeria have increasingly focused their attention on consumers, legal issues surrounding food choice have recently attracted much broader interest. Bans on large sodas in New York City, fast food chains in South Los Angeles, and foie gras in California and Chicago have provoked national controversy, as have federal raids on raw milk sellers. In response, various groups have decried restrictions on their ability to consume the food products of their choice. A few groups have organized around the principle of what we might call liberty of palate ...


Personal Jurisdiction In The Data Age: Macdermid V. Deiter's Adaptation Of International Shoe Amidst Supreme Court Uncertainty, Ryan Almy 2017 University of Maine School of Law

Personal Jurisdiction In The Data Age: Macdermid V. Deiter's Adaptation Of International Shoe Amidst Supreme Court Uncertainty, Ryan Almy

Maine Law Review

In MacDermid, Inc. v. Deiter, the Second Circuit held that a Connecticut court may exercise personal jurisdiction over a defendant who allegedly used a computer in Canada to remotely access a computer server located in Connecticut in order to misappropriate proprietary, confidential electronic information belonging to a Connecticut corporation. This Note argues that, given the factual elements before the court, MacDermid was an unsurprising, orthodox, and proper holding in the context of personal jurisdiction jurisprudence. However, the facts in MacDermid, and the corresponding limits inherent in the Second Circuit’s holding, reveal potentially gaping holes in our modern personal jurisdiction ...


The Post-Crawford Rise In Voter Id Laws: A Solution Still In Search Of A Problem, David M. Faherty 2017 University of Maine School of Law

The Post-Crawford Rise In Voter Id Laws: A Solution Still In Search Of A Problem, David M. Faherty

Maine Law Review

In Crawford v. Marion County Election Board, the Supreme Court upheld Indiana’s voter identification law, which required registered voters to present government-issued photo identification at the polls. Instead of applying heighted scrutiny to a law that had an effect on voter qualifications, the Court simply balanced the asserted state interest of protecting the integrity and reliability of elections by preventing voter fraud against the burden imposed on eligible voters who were prevented from voting because they did not possess the required form of photo identification. Not persuaded by the fact that Indiana could not point to a single instance ...


The Magic Mirror Of "Original Meaning": Recent Approaches To The Fourteenth Amendment, Bret Boyce 2017 University of Maine School of Law

The Magic Mirror Of "Original Meaning": Recent Approaches To The Fourteenth Amendment, Bret Boyce

Maine Law Review

Nearly a century and a half after its adoption, debate continues to rage over the original meaning of the Fourteenth Amendment’s guarantees of basic rights. Of the three clauses in the second sentence of Section One, the latter two (the Due Process and Equal Protection Clauses) loom very large in modern Supreme Court decisions, while the first (the Privileges or Immunities Clause) is of minimal importance, having been invoked only once to strike down a state law. Originalists—those who hold that the Constitution should be interpreted according to its original meaning—have often deplored this state of affairs ...


The Prevailing Culture Over Immigration: Centralized Immigration And Policies Between Attrition And Accommodation, Antonios Kouroutakis 2017 Seton Hall University

The Prevailing Culture Over Immigration: Centralized Immigration And Policies Between Attrition And Accommodation, Antonios Kouroutakis

Seton Hall Circuit Review

No abstract provided.


After Flint: Environmental Justice As Equal Protection, David A. Dana, Deborah Tuerkheimer 2017 Northwestern Pritzker School of Law

After Flint: Environmental Justice As Equal Protection, David A. Dana, Deborah Tuerkheimer

Northwestern University Law Review

This Essay conceptualizes the Flint water crisis as an archetypical case of underenforcement—that is, a denial of the equal protection of laws guaranteed by the U.S. Constitution. Viewed as such, the inadequacy of environmental regulation can be understood as a failure that extends beyond the confines of Flint; a failure that demands a far more expansive duty to protect vulnerable populations.


Post-Racialism And The End Of Strict Scrutiny, David Schraub 2017 University of California, Berkeley

Post-Racialism And The End Of Strict Scrutiny, David Schraub

Indiana Law Journal

In recent years, a growing social consensus has emerged around the aspiration of a “post-racial” America: one where race is no longer a fault line for social strife or, perhaps, a morally significant trait whatsoever. This ambition, however, lies in tension with the most basic constitutional principle governing our treatment of race in the public sphere: that of “strict scrutiny.” Post-racialism seeks to diminish the salience of race to near negligibility. The strict scrutiny of racial classifications, by contrast, significantly enhances the salience of race by treating it differently from virtually every other personal attribute or characteristic—including hair or ...


Keeping Gideon'S Promise: Using Equal Protection To Address The Denial Of Counsel In Misdemeanor Cases, Brandon Buskey, Lauren Sudeall Lucas 2017 American Civil Liberties Union

Keeping Gideon'S Promise: Using Equal Protection To Address The Denial Of Counsel In Misdemeanor Cases, Brandon Buskey, Lauren Sudeall Lucas

Faculty Publications By Year

The Sixth Amendment of the U.S. Constitution guarantees criminal defendants the right to counsel, and the U.S. Supreme Court has made clear that right is applicable to all defendants in felony cases, even those unable to afford a lawyer. Yet, for defendants facing misdemeanor charges, only those defendants whose convictions result in incarceration are entitled to the assistance of counsel.

The number of misdemeanor prosecutions has increased dramatically in recent years, as have the volume and severity of collateral consequences attached to such convictions; yet, the Court’s right to counsel jurisprudence in this area has remained stagnant ...


Same-Sex Sex And Immutable Traits: Why Obergefell V. Hodges Clears A Path To Protecting Gay And Lesbian Employees From Workplace Discrimination Under Title Vii, Matthew W. Green Jr. 2017 Cleveland-Marshall College of Law, Cleveland State University

Same-Sex Sex And Immutable Traits: Why Obergefell V. Hodges Clears A Path To Protecting Gay And Lesbian Employees From Workplace Discrimination Under Title Vii, Matthew W. Green Jr.

Matthew W. Green Jr.

This article is set forth in five parts. Part II is largely descriptive and focuses on two aspects of Obergefell: (1) the Court's clarification that adult, private, consensual, same-sex sexual intimacy is a fundamental right, protected by the U.S. Constitution's Fourteenth Amendment Due Process Clause and (2) the Court's recognition that leading mental health and medical groups consider sexual orientation to be immutable. Part III examines how courts and the EEOC have treated sexual orientation discrimination under Title VII and contains a normative discussion which argues—consistent with the position of other commentators, some courts, and ...


Wade & Bolton: Fundamental Legal Errors And Dangerous Implications, Robert M. Byrn 2017 St. John's University School of Law

Wade & Bolton: Fundamental Legal Errors And Dangerous Implications, Robert M. Byrn

The Catholic Lawyer

No abstract provided.


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