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Full-Text Articles in Law
Suspension And The Extrajudicial Constitution, Trevor W. Morrison
Suspension And The Extrajudicial Constitution, Trevor W. Morrison
Cornell Law Faculty Publications
What happens when Congress suspends the writ of habeas corpus? Everyone agrees that suspending habeas makes that particular - and particularly important - judicial remedy unavailable for those detained by the government. But does suspension also affect the underlying legality of the detention? That is, in addition to making the habeas remedy unavailable, does suspension convert an otherwise unlawful detention into a lawful one? Some, including Justice Scalia in the 2004 case Hamdi v. Rumsfeld and Professor David Shapiro in an important recent article, answer yes.
This Article answers no. I previously offered that same answer in a symposium essay; …
May Day Mea Culpa, Timothy Zick
Please Don’T Feed The Homeless, Timothy Zick
The Glass Half Full: Envisioning The Future Of Race Preference Policies, Leslie Yalof Garfield
The Glass Half Full: Envisioning The Future Of Race Preference Policies, Leslie Yalof Garfield
Elisabeth Haub School of Law Faculty Publications
Justice Breyer's concern that the Court's June 2007 ruling in Parents Involved in Community Schools v. Seattle School District. No. 1 "is a decision the Court and nation will come to regret" is not well founded. Far from limiting the constitutionally permissible use of race in education from its present restriction to higher education, the case may allow governmental entities to consider race as a factor to achieve diversity in grades K-12. In Parents Involved, which the Court decided with its companion case, McFarland v. Jefferson County Public Schools four justices concluded that school boards may never consider race when …
Thoughts On Jena And The Civil Rights Movement, Timothy Zick
Thoughts On Jena And The Civil Rights Movement, Timothy Zick
Popular Media
No abstract provided.
The Contemporary Protest Movement, Timothy Zick
Public Protest, Militarization, And Critical Democratic Moments, Timothy Zick
Public Protest, Militarization, And Critical Democratic Moments, Timothy Zick
Popular Media
No abstract provided.
The Story Of San Antonio Independent School Dist. V. Rodriguez: School Finance, Local Control, And Constitutional Limits, Michael Heise
The Story Of San Antonio Independent School Dist. V. Rodriguez: School Finance, Local Control, And Constitutional Limits, Michael Heise
Cornell Law Faculty Publications
Part of the Education Law Stories, this book chapter tells the story behind San Antonio Independent School Dist. v. Rodriguez. Mindful of the challenges incident to the federal courts' effort to dismantle de jure and de facto school segregation, the Rodriguez decision evidences reluctance by some of the Justices to become ensnarled in an effort to dismantle school finance systems in way that would affect an overwhelming majority of the nation's public schools. By side-stepping such a confrontation, Rodriguez implicitly reveals important aspects about the federal courts and, in particular, how the Justices view their role in our federal system …
Correspondence: To Ms. Edna Louise Saffy From Hillary Rodham Clinton, United States Senator, Hillary Rodham Clinton
Correspondence: To Ms. Edna Louise Saffy From Hillary Rodham Clinton, United States Senator, Hillary Rodham Clinton
Saffy Collection - All Textual Materials
A thank you letter from Hillary Rodham Clinton thanking Dr. Edna L. Saffy for her generous contribution, August 21, 2007.
Letter: Hillary Rodham Clinton; Edna Saffy, Hillary Rodham Clinton
Letter: Hillary Rodham Clinton; Edna Saffy, Hillary Rodham Clinton
Saffy Collection - All Textual Materials
A letter from Hillary Rodham Clinton requesting support from Dr. Edna L. Saffy, August 20, 2007.
Letter: Hillary Rodham Clinton; Edna Saffy, Hillary Rodham Clinton
Letter: Hillary Rodham Clinton; Edna Saffy, Hillary Rodham Clinton
Saffy Collection - All Textual Materials
A letter from Hillary Rodham Clinton requesting support from Dr. Edna L. Saffy, August 10, 2007.
Adding Colors To The Chameleon: Why The Supreme Court Should Adopt A New Compelling Governmental Interest Test For Race-Preference Student Assignment Plans, Leslie Yalof Garfield
Adding Colors To The Chameleon: Why The Supreme Court Should Adopt A New Compelling Governmental Interest Test For Race-Preference Student Assignment Plans, Leslie Yalof Garfield
Elisabeth Haub School of Law Faculty Publications
When the Supreme Court ordered the City of Birmingham to desegregate its schools in 1954, it failed to consider the long range implications of its mandate. School districts across the country responded to the Court’s order by adopting race-preference school assignment plans, created to designate the particular public elementary or secondary school a student should attend. Now that these plans have successfully achieved their goals of desegregating classrooms, the question has become whether the continuation of the very programs that helped achieve those goals remain legal? In other words, as Justice Ginsburg recently said in arguments before the Supreme Court, …
Correspondence: March 12, 2007, Thank You Card With Handwritten Note To Dr. Saffy, Angela Corey
Correspondence: March 12, 2007, Thank You Card With Handwritten Note To Dr. Saffy, Angela Corey
Saffy Collection - All Textual Materials
Thank you letter from Angela Corey for contributing to her campaign for State Attorney.
Title Vi And The Warren County Protests, Bradford Mank
Title Vi And The Warren County Protests, Bradford Mank
Faculty Articles and Other Publications
One part of the 1982 civil rights struggle against building a Polychlorinated Biphenyls ("PCB") landfill in Warren County, North Carolina, was a suit by the National Association for the Advancement of Colored People ("NAACP") under Title VI of the 1964 Civil Rights Act. Although the suit was unsuccessful, the Warren County protests led to a 1983 General Accounting Office study and a 1987 United Church of Christ's Commission on Racial Justice (CRJ) study, both of which found that hazardous waste facilities were more likely to be located in minority communities. The Warren County protests and the two studies helped build …
Disability And The Social Contract, Anita Silvers, Michael Ashley Stein
Disability And The Social Contract, Anita Silvers, Michael Ashley Stein
Faculty Publications
No abstract provided.
Unenumerated Rights And The Limits Of Analogy: A Critque Of The Right To Medical Self-Defense, O. Carter Snead
Unenumerated Rights And The Limits Of Analogy: A Critque Of The Right To Medical Self-Defense, O. Carter Snead
Journal Articles
Volokh’s project stands or falls with the claim that the entitlement he proposes is of constitutional dimension. If there is no fundamental right to medical self-defense, the individual must, for better or worse, yield to the regulation of this domain in the name of the values agreed to by the political branches of government. Indeed, the government routinely restricts the instrumentalities of self-help (including self-defense) in the name of avoiding what it takes to be more significant harms. This same rationale accounts for current governmental limitations on access to unapproved drugs and the current ban on organ sales. The FDA …
The Incoherence Of Dormant Commerce Clause Nondiscrimination: A Rejoinder To Professor Denning, Edward A. Zelinsky
The Incoherence Of Dormant Commerce Clause Nondiscrimination: A Rejoinder To Professor Denning, Edward A. Zelinsky
Faculty Articles
A sound intuition animates Professor Denning's defense of the doctrinal status quo under the dormant commerce clause: the courts should not lightly abandon well-established constitutional canons. I nevertheless remain unconvinced by Professor Denning's effort to justify the long-standing interpretation of the dormant commerce clause as forbidding taxes which discriminate against interstate commerce. Whatever the historical justification for this constitutional precept, its past utility, or its visceral appeal, dormant commerce clause nondiscrimination is today doctrinally incoherent in tax contexts. The problem is not one of borderlines and close cases. Rather, at its core, the notion of dormant commerce clause tax nondiscrimination …