Digital Commons Network^™

Understanding The "Understanding": Federalism Constraints On Human Rights Implementation, Brad R. Roth

Law Faculty Research Publications

No abstract provided.

Reinforcing The Myth Of The Crazed Rapist: A Feminist Critique Of Recent Rape Legislation, Christina E. Wells, Erin Elliott

Faculty Publications

Part I of this article reviews these new legislative provisions, discussing their requirements as well as the general impetus behind their enactment. Part II discusses both the history of rape prosecution and feminist efforts in the 1970s and 1980s to eliminate barriers to successful rape prosecutions. This part also elaborates upon the myth of the crazed rapist and its relationship to feminist reform efforts. Part III explains how the current legislation is rooted in and reinforces that myth by encouraging unsupportable distinctions among rape defendants. Finally, Part IV discusses the feminist response to such laws and argues for a more …

When Success Breeds Attack: The Coming Backlash Against Racial Profiling Studies, David A. Harris

Michigan Journal of Race and Law

The author proposes that in an ongoing debate on questions concerning the possibility of racial or other types of invidious discrimination by public institutions, we should apply a prima facie standard to these claims in the public arena. In other words, if African Americans or Latinos say that they have been the victims of racial profiling, we should not ask for conclusive proof in the strictest statistical sense; rather, if they can present some credible evidence beyond anecdotes, some statistics that indicate that we may, indeed, have a problem, the burden should then shift to the public institution-here, law enforcement …

Constitutional Law—Commerce Clause—Violence Against Women Act's Civil Rights Remedy Exceeds Congress's Powers To Regulate Interstate Commerce. United States V. Morrison, 120 S. Ct. 1740 (2000)., Jennifer L. Wethington

University of Arkansas at Little Rock Law Review

No abstract provided.

Racial Profiling: A Status Report Of The Legal, Legislative, And Empirical Literature, Katheryn Russell-Brown

UF Law Faculty Publications

In recent years, there have been several widely-publicized cases in which racial profiling became police brutality. As well, there have been scores of famous Black men who have offered their personal accounts as victims of racial profiling. All of these have helped to propel the issue onto the nation's front burner. The varied responses to racial profiling indicate the range of groups affected by and concerned about the practice. Notably, this includes former President Bill Clinton, who shared his belief that racial profiling is a national problem. The issue of racial profiling has evoked a wide range of policy responses, …

Tax Expenditures, Social Justice And Civil Rights: Expanding The Scope Of Civil Rights Laws To Apply To Tax-Exempt Charities, David A. Brennen

Law Faculty Scholarly Articles

In recent years, courts have decided a number of cases in which private organizations discriminated against people based solely on their race, gender, sexual orientation, or other immutable traits. For example, in 2000, the Boy Scouts of America revoked a New Jersey man's membership in the Boy Scouts because he was gay. New Jersey's supreme court held that the Boy Scouts' action violated New Jersey's anti-discrimination law. Notwithstanding the state court's holding, the United States Supreme Court concluded that the First Amendment prevented any court from forcing the Boy Scouts to keep a gay man as a member of its …

Affirmative Actions, William W. Van Alstyne

Faculty Publications

Liberals and progressives have been slow to realize that their preferred vocabulary has been hijacked and that when they respond to once hallowed phrases they are responding to a ghost now animated by a new machme. The point is not a small one, for in any debate, especially one fought in the arena of public opinion, the battle is won not by knock-down arguments but by the party that succeeds in placing its own spin on the terms presiding over the discussion.

The United Kingdom Bill Of Rights 1998: The Modernisation Of Rights In The Old World, Clive Walker, Russell L. Weaver

University of Michigan Journal of Law Reform

Into a steadfastly conservative constitutional landscape, the United Kingdom Parliament has now introduced a Bill of Rights, the Human Rights Act of 1998, which takes effect in October 2000. The Act provides for a full catalogue of civil and political rights which are enforceable by the courts. This development raises two questions in evaluating the future of English law. First, does this signify the dawn of a new British radicalism? And second, why has it happened now? In answering these questions in relation to England and Wales, Part I of this Article provides an introduction to the traditional treatment of …

Stumbling At The Finish Line: Employment Discrimination And The Utah Supreme Court In Burton V. Exam Center Industrial, Evan S. Tilton

BYU Law Review

No abstract provided.

Whether The Constitutionality Of The Violence Against Women Act Will Further Federal Protection From Sexual Orientation Crimes, Alexander Dombrowsky

University of Miami Law Review

No abstract provided.

The Story Of Civil Liberty In The United States, By Leon Whipple, Ivan M. Stone

Indiana Law Journal

No abstract provided.

Enumerated Limits, Normative Principles, And Congressional Overstepping: Why The Civil Rights Provision Of The Violence Against Women Act Is Unconstitutional, Troy Robert Rackham

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

The Fourth Amendment: Relaxing The Rule In Child Abuse Investigations, Jillian Grossman

Fordham Urban Law Journal

This Note considers the Fourth Amendment concerns raised by strip searches of children in child abuse investigations. The Note first describes the evolution of children's rights and identifies the interests of the child and parents in child abuse investigations. The Note then analyzes the two exceptions under which a nude search of a child's body may be conducted - consent and exigent circumstances, as well as the qualified immunity defense with respect to social workers and police officers. Finally, this Note concludes that a child should possess the authority to consent to a strip search in a child abuse investigation …

Comparison Between Freedom Of Religion In Germany And In The United States In General And The Treatment Of The Church Of Scientology Specifically, Wolfgang Eichele

LLM Theses and Essays

The thesis first gives background information about the general development of fundamental rights in both Germany and the United States and specifically the freedom of religion. The analysis discusses in particular freedom of religion granted by Article 4 of the Basic Law in Germany and the religious clauses of the First Amendment of the American Constitution. In the first conclusion, the differences in the interpretations of the religious clauses both in Germany and the United States will be stated. These differences will then be illustrated by a discussion on the Church of Scientology through its basic facts, history, ideas, and …

Has Affirmative Action Been Negated? A Closer Look At Public Employment, H Lee Sarokin, Jane K. Babin, Allison H. Goddard

San Diego Law Review

First, this Article argues that affirmative action is right and necessary in certain circumstances. Second, it examines whether affirmative action has survived under current case law. Part II.A reviews the Supreme Court decisions that define the test of strict scrutiny in the public employment context. Part II.B discusses the current focus of the Court's debate on affirmative action. Part III looks at how strict scrutiny analysis and the Supreme Court's precedents are being applied by the lower federal courts. Part IV concludes that more guidance is needed from the Supreme Court on the first prong of the strict scrutiny analysis …

Life After Adarand: What Happened To The Metro Broadcasting Diversity Rationale For Affirmative Action In Telecommunications Ownership?, Leonard M. Baynes

University of Michigan Journal of Law Reform

The United States Supreme Court severely restricted affirmative action policies in Adarand Constructors, Inc. v. Pena. In this opinion, a majority of the Court held that all state or federally mandated affirmative action programs are to be analyzed under strict scrutiny. This test requires affirmative action programs to meet a compelling governmental interest and be narrowly tailored.

Adarand raised issues concerning the validity of the Federal Communications Commission's affirmative action ownership policies. Previously, the Court in Metro Broadcasting, Inc. v. FCC found the FCC minority ownership policies constitutional under a lower (intermediate) standard of review. In Adarand, the Court …

The Hatefulness Of Protected Speech: A Comparison Of The American And European Approaches, Sionaidh Douglas-Scott

William & Mary Bill of Rights Journal

In its First Amendment jurisprudence, the United States Supreme Court has construed very broadly the constitutional protection of free speech. Similarly democratic governments in Europe, however, have adopted laws restricting certain types of speech-particularly hate speech-based on the view that the human rights of oppressed groups cannot be protected fully if hate speech is permitted In this provocative Article, Professor Douglas-Scott briefly examines the American approach and contrasts it with the rationale underpinning European, especially German, law. Focusing on hate speech and the denial of the Holocaust voiced largely by neo-Nazi and other right-wing groups, she argues that such speech …

Police Reform And The Department Of Justice: An Essay On Accountability, Debra A. Livingston

Faculty Scholarship

In 1994, Congress promulgated a significant piece of legislation that may prove to have an extremely important impact on the operation of local police departments. Section 14141 of Title 42, enacted as part of the Violent Crime Control and Law Enforcement Act of 1994, prohibits governmental authorities or those acting on their behalf from engaging in "a pattern or practice of conduct by law enforcement officials" that deprives persons of "rights, privileges, or immunities secured or protected by the Constitution or laws of the United States." Whenever the Attorney General has reasonable cause to believe that a violation has occurred, …

Proceedings Of The 1999 Annual Meeting, Association Of American Law Schools Section On Employment Discrimination Law: Is There A Disconnect Between Eeo Law And The Workplace?, Douglas D. Scherer, James C. Sharf, Richard T. Seymour, Maria O'Brien Hylton, Paulette Caldwell

Scholarly Works

No abstract provided.

Unprotected Until Forty: The Limited Scope Of The Age Discrimination In Employment Act Of 1967, Bryan B. Woodruff

Indiana Law Journal

No abstract provided.

Analysis Of People Of The State Of New York, Buffalo Gyn Womenservices, Planned Parenthood Of Rochester/Syracuse Region, Et. Al. V. Operation Rescue National, Et. Al., Lucinda Finley

Buffalo Women's Law Journal

No abstract provided.

The Struggle Against Hate Crime: Movement At A Crossroads, Terry A. Maroney

Vanderbilt Law School Faculty Publications

The 1980s and 1990s witnessed an extraordinary amount of police, legislative, judicial, scholarly, and community activity around hate crime. Such activity was attributable to a new "anti-hate-crime movement," conditions for which were created by the convergence in previous decades of two very different social movements - civil rights and victims' rights. This anti-hate-crime movement has been radiply assimilated into the institutions of criminal justice, with the result that anti-hate-crime measures now reflect the culture and priorities of those institutions. The civil rights and victims' rights movements created collective beliefs, structural resources, and political opportunities that facilitated the emergence of a …

Affirmative Action Statements, Michigan Journal Of Gender & Law

Michigan Journal of Gender & Law

The student editors of the Michigan Journal of Gender & Law adopted a brief statement for release with other student statements and voted to publish a statement in the Journal. This is their statement in response to the anti-affirmative action lawsuits. Several other Law School student organizations have also provided their statements to publish.

Equal Protection, Supreme Court, New York County: Walter V. City Of New York Police Department

Touro Law Review

No abstract provided.

Political Power Of Nuisance Law: Labor Picketing And The Courts In Modern England, 1871-Present, The , Rachel Vorspan

Faculty Scholarship

This inquiry, a comprehensive historical study of the impact of nuisance law on labor picketing in England, comprises six sections. Part I introduces general principles of labor law and nuisance law in the nineteenth century, particularly the legislative scheme of "collective laissezfaire" that emerged after 1871 and remained relatively intact until 1980. Part II examines the use of nuisance doctrines against picketers in the first phase of confrontational picketing from 1889 to 1906, when the appearance of militant unions representing unskilled workers stimulated inventive judicial responses in both private and public nuisance. Part III investigates the much heralded judicial and …

The Violence Against Women Act Of 1994: Connecting Gender-Motivated Violence To Interstate Commerce, Judi L. Lemos

Seattle University Law Review

This Comment explores whether the Supreme Court will grant certiorari in the Brzonkala v. Virginia Polytech and State University, and whether the Court will uphold the Violence Against Women Act (VAWA) as a constitutional use of the commerce power. Part I explains the provisions of VAWA. Part II scrutinizes the development of Commerce Clause jurisprudence, which culminated in the Lopez decision. Part III analyzes the panel's Fourth Circuit ruling in Brzonkala. Part IV reviews the Supreme Court's handling of post-Lopez Commerce Clause cases and discusses whether the Court will grant certiorari to a challenge of VAWA's constitutionality. …

Hopwood, Equal Protection, And Affirmative Action: Can Anyone's Ox Be Gored?, David J. Jannuzzi

Touro Law Review

No abstract provided.

Ronald Dworkin's The Moral Reading Of The Constitution: A Critique, Raoul Berger

Indiana Law Journal

No abstract provided.

Congruence Principle Applied: Rethinking Equal Protection Review Of Federal Alienage Classifications After Adanrand Constructors, Inc. V. Peña, Victor C. Romero

Faculty Scholarship

This article suggests that the Supreme Court's 1995 decision in Adarand Constructors, Inc. v. Peña constitutes a starting point for a renewed dialogue on the intersection of race, noncitizens' rights, and immigration law.

Part I of this Article examines the historical foundations of the plenary power doctrine up to the current dichotomy between judicial review of state and federal alienage classifications under equal protection. Part II reviews the Adarand decision, arguing that Justice O'Connor's congruence principle provides the bulwark for a revision of judicial review of federal legislation, especially in light of the historical and continuing perception of Asian- and …

Disparate Effects In The Criminal Justice System: A Response To Randall Kennedy's Comment And Its Legacy, Janai S. Nelson

Faculty Publications

For many African Americans, the criminal justice system symbolizes an oppressive force, and yet, is a necessary institution in an increasingly lawless society. African Americans are at the same time its victims and beneficiaries, although various sentiments exist regarding the extent to which they are either. It is precisely this paradox, coupled with the promulgation of certain criminal legislation and legal precedent which directly and, potentially, adversely affect the African-American community that inspired the author to address the issues and arguments raised in Randall Kennedy's The State, Criminal Law, and Racial Discrimination: A Comment, 107 Harv. L. Rev. 1255 (1994), …