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Articles 1 - 6 of 6
Full-Text Articles in Law
Policing In The Era Of Permissiveness: Mitigating Misconduct Through Third-Party Standing, Julian A. Cook Iii
Policing In The Era Of Permissiveness: Mitigating Misconduct Through Third-Party Standing, Julian A. Cook Iii
Brooklyn Law Review
On April 4, 2015, Walter L. Scott was driving his vehicle when he was stopped by Officer Michael T. Slager of the North Charleston, South Carolina, police department for a broken taillight. A dash cam video from the officer’s vehicle showed the two men engaged in what appeared to be a rather routine verbal exchange. Sometime after Slager returned to his vehicle, Scott exited his car and ran away from Slager, prompting the officer to pursue him on foot. After he caught up with Scott in a grassy field near a muffler establishment, a scuffle between the men ensued, purportedly …
Race, Restructurings, And Equal Protection Doctrine Through The Lens Of Schuette V. Bamn, Steve Sanders
Race, Restructurings, And Equal Protection Doctrine Through The Lens Of Schuette V. Bamn, Steve Sanders
Brooklyn Law Review
In 2012, the U.S. Court of Appeals for the Sixth Circuit ruled that Michigan voters had violated principles of the fair lawmaking process when they amended their state constitution to prohibit race-conscious affirmative action in public university admissions, reasoning that the amendment, known as “Proposal 2,” constituted a political restructuring that had violated the Equal Protection Clause by disadvantaging African Americans from being able to equally access political change. However, the Sixth Circuit was careful to avoid saying that Proposal 2 created a racial classification or was motivated by a purpose of discriminating on the basis of race. Instead, consistent …
Unconstitutional But Entrenched: Putting Uocava And Voting Rights For Permanent Expatriates On A Sound Constitutional Footing, Brian C. Kalt
Unconstitutional But Entrenched: Putting Uocava And Voting Rights For Permanent Expatriates On A Sound Constitutional Footing, Brian C. Kalt
Brooklyn Law Review
Eligible voters who have left the United States permanently have the right to vote in federal elections as though they still live at their last stateside address. They need not be residents of their former states, be eligible to vote in state and local elections, or pay any state or local taxes. Federal law—the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA)—forces states to let these former residents vote for President, the Senate, and the House this way. There are several constitutional problems with all of this. Congress heard about many of these problems in the hearings and debates that …
A Domestic Consequence Of The Government Spying On Its Citizens: The Guilty Go Free, Mystica M. Alexander, William P. Wiggins
A Domestic Consequence Of The Government Spying On Its Citizens: The Guilty Go Free, Mystica M. Alexander, William P. Wiggins
Brooklyn Law Review
In recent years, a seemingly endless stream of headlines have alerted people to the steady and relentless government encroachment on their civil liberties. Consider, for example, headlines such as “U.S. Directs Agents to Cover Up Program Used to Investigate Americans,” “DEA Admits to Keeping Secret Database of Phone Calls,” or “No Morsel Too Miniscule for All-Consuming N.S.A.” Of concern is not only the U.S. government’s collection of data on its citizens, but also how that information is aggregated, stored, and used. The Fourth Amendment protects citizens from unreasonable searches and seizures by the government. While the drafters of the Fourth …
Trial And Heirs: Antemortem Probate For The Changing American Family, Katherine M. Arango
Trial And Heirs: Antemortem Probate For The Changing American Family, Katherine M. Arango
Brooklyn Law Review
The notion of the traditional American family has changed due to complex family structures formed through remarriages, cohabitation, and same-sex couples. Freedom of disposition is a guiding principle of inheritance law, whereby society recognizes the value in protecting one’s ability to acquire and transfer personal property at death. However, intestacy statutes are antiquated and have failed to keep pace with the rise of the modern American family, thus leaving the right to freedom of disposition uncertain and vulnerable for a large population. A will is a way of opting out of intestacy, but given that a will is frequently the …
The Case For Lgbt Equality: Reviving The Political Process Doctrine And Repurposing The Dormant Commerce Clause, Terri R. Day, Danielle Weatherby
The Case For Lgbt Equality: Reviving The Political Process Doctrine And Repurposing The Dormant Commerce Clause, Terri R. Day, Danielle Weatherby
Brooklyn Law Review
As a reaction to the Supreme Court’s historic marriage equality decision earlier this summer, many Southern state legislators opposing the trend toward LGBT-protective laws have proposed legislation that would essentially prohibit municipalities from carving out new antidiscrimination protections for the LGBT community. Conservative Senator Bart Hester spearheaded the passing of one of these “anti” antidiscrimination laws in Arkansas, and states like Texas, West Virginia, Michigan, and Oklahoma are not far behind. These “Hester-type laws” are strikingly similar to the Colorado amendment struck down by the Romer v. Evans Court 20 years ago. Both the Colorado amendment and the new wave …