Law Commons^™

Torch (December 2007), Amy Homans, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

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; …

Torch (November 2007), Amy Homans, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

May Day Mea Culpa, Timothy Zick

Popular Media

No abstract provided.

Please Don’T Feed The Homeless, Timothy Zick

Popular Media

No abstract provided.

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 …

Torch (October 2007), Amy Homans, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

Thoughts On Jena And The Civil Rights Movement, Timothy Zick

Popular Media

No abstract provided.

The Contemporary Protest Movement, Timothy Zick

Popular Media

No abstract provided.

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

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 …

Torch (September 2007), Amy Homans, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

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

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

Saffy Collection - All Textual Materials

A letter from Hillary Rodham Clinton requesting support from Dr. Edna L. Saffy, August 10, 2007.

Torch (May/June 2007), Amy Homans, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

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, …

Torch (April 2007), Amy Homans, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

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.

Torch (February/March 2007), Amy Homans, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

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 …

Torch (January 2007), Amy Homans, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

Section 1983 Civil Rights Litigation In The October 2005 Term, Martin Schwartz

Touro Law Review

No abstract provided.

Racial Disparities In U.S. Public Education And International Human Rights Standards: Holding The U.S. Accountable To Cerd, Amelia Parker

Human Rights Brief

No abstract provided.

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

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 …

Liberdade No Mundo Moderno E O Estado Meio, Ivo T. Gico

Ivo Teixeira Gico Jr.

A liberdade é elencada como valor supremo de nossa sociedade na Constituição Federal. Seríamos, contudo, um povo livre? Seriam as restrições impostas à liberdade essenciais para garantir outros valores sociais ou mesmo a própria liberdade ou não passa de discurso para legitimar a imposição antidemocrática de valores não-dominantes? O presente artigo é o primeiro de uma série de pequenos ensaios visando incitar inquietude àqueles que acreditam viver em um país livre e democrático.

Freedom is often listed as a supreme value of our society in the Federal Constitution. Are we, however, a free society? Are the restrictions imposed on freedom …

Liberdade De Voto, Ivo T. Gico

Ivo Teixeira Gico Jr.

Este artigo visa a demonstrar que não vige no Brasil uma democracia plena e livre como se acredita, ilustrando essa tese por meio da análise do chamado voto-dever ou voto-obrigação. É possível que, em um país que se pretende democrático, o mais significante dos atos de cidadania seja, não um direito, mas uma obrigação, haja vista que o próprio conceito de obrigação legal implica necessariamente na redução da esfera de liberdade do indivíduo?

This paper shows the reader that democracy in Brazil is not as free as it seems while analizes the "vote-obligation". Is it possible, in a Democratic State, …