Law Commons^™

Liberdade, Ética E Direito, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Further than Ethics concieved as mere obedience, Republican Ethics expresses the idea of duty for freedom and Liberty. After Law concieved as only duty and imperative norms from power to the subjects, there is the possibility of a fraternal law, in new patterns. This article explores several ways in a new ethics and a new law paradigms, after the objective Roman Law and the subjective modern Law.

Balancing Competing Individual Constitutional Rights: Raising Some Questions, Taunya Banks

Taunya Lovell Banks

Despite increasing support for global human rights ..., some scholars and constitutional democracies, like the United States, continue to resist constitutionalizing socio-economic rights. Socio-economic rights, unlike political and civil constitutional rights that usually prohibit government actions, are thought to impose positive obligations on government. As a result, constitutionalizing socio-economic rights raises questions about separation of powers and the competence of courts to decide traditionally legislative and executive matters. ... [W]hen transitional democracies, like South Africa, choose to constitutionalize socio-economic rights, courts inevitably must grapple with their role in the realization of those rights.... Two questions immediately come to mind: (1) …

Affirming The Thirteenth Amendment, Douglas L. Colbert

Douglas L. Colbert

No abstract provided.

Liberating The Thirteenth Amendment, Douglas L. Colbert

Douglas L. Colbert

No abstract provided.

Bifurcation Of Civil Rights Defendants: Undermining Monell In Police Brutality Cases, Douglas L. Colbert

Douglas L. Colbert

No abstract provided.

Featured Speaker, Domestic Violence And Juvenile Justice, Francine Sherman

Francine T. Sherman

No abstract provided.

Oped: Breaking Uf Racial Barriers, Pedro A. Malavet

Pedro A. Malavet

An OpEd describing the legal and personal struggle to desegregate the University of Florida College of Law on the 50th Anniversary of the matriculation of the first African American Student, George Starke. The essay describes how Virgil Hawkins was the last lead plaintiff in the litigation that produced Mr. Starke's matriculation and led to the graduation of W. George Allen.

Disparate Impact Under The Age Discrimination In Employment Act Of 1967, Michael Evan Gold

Michael Evan Gold

No abstract provided.

Speaker And Participant, Family Violence And Juvenile Justice, Francine Sherman

Francine T. Sherman

No abstract provided.

Counter-Stories: Maintaining And Expanding Civil Liberties In Wartime, Mark A. Graber

Mark Graber

No abstract provided.

Judicial Recantation, Mark A. Graber

Mark Graber

No abstract provided.

Legal, Strategic Or Legal Strategy: Deciding To Decide During The Civil War And Reconstruction, Mark A. Graber

Mark Graber

No abstract provided.

Building A Digital Collection: The Making Of Historical Publications Of The United States Commission On Civil Rights, Bill Sleeman

Bill Sleeman

This article briefly explores the technical and administrative tasks required to create a digital resource devoted to the U.S. Commission on Civil Rights.

Rethinking Novotny In Light Of United Brotherhood Of Carpenters & Joiners V. Scott: The Scope And Constitutionally Permissible Periphery Of Section 1985 (3), Taunya Lovell Banks

Taunya Lovell Banks

No abstract provided.

To Kill A Mockingbird (1962): Lawyering In An Unjust Society, Taunya Lovell Banks

Taunya Lovell Banks

No abstract provided.

Trampling Whose Rights? Democratic Majority Rule And Racial Minorities: A Response To Chin And Wagner, Taunya Lovell Banks

Taunya Lovell Banks

Gabriel Chin and Randy Wagner argue us that there were black majorities and pluralities in Deep South states during the Reconstruction era who were consciously disenfranchised by private and public entities, including the U.S. Supreme Court because of fears of black majority rule and the Court should take this history into account and recognize the lingering effects of this historic disenfranchisement on black Americans. This essay responds to their argument, contending that fear of black majority rule never was the sole reason for the disenfranchisement of black majorities and pluralities in the Deep South, rather the problem has always been …

Lawrence Summers At The Nber Conference: The Real Deal, Taunya Lovell Banks

Taunya Lovell Banks

This mini commentary is written in response to a public speech made by Lawrence Summers, then President of Harvard University in 2005 in which he asserted that the under-representation of women in science and engineering may be due in part to biological differences in abilities between women and men. This commentary argues that Summers' remarks constitute a brief against affirmative action for women stated so broadly that it easily encompasses objections to affirmative action for blacks and other non-white Americans. It concludes that our inability or unwillingness to make connections between gender bias and racial privilege helps to maintain a …

Contested Terrains Of Compensation: Equality, Affirmative Action And Diversity In The United States, Taunya L. Banks

Taunya Lovell Banks

No abstract provided.

What Is A Community? Group Rights And The Constitution: The Special Case Of African Americans, Taunya Lovell Banks

Taunya Lovell Banks

No abstract provided.

The Scope Of Section 1985(3) In Light Of Great American Federal Savings And Loan Association V. Novotny: Too Little Too Late?, Taunya Lovell Banks

Taunya Lovell Banks

No abstract provided.

To Kill A Mockingbird (1962): Lawyering In An Unjust Society, Taunya Lovell Banks

Taunya Lovell Banks

No abstract provided.

Women And Aids - Racism, Sexism, And Classism, Taunya L. Banks

Taunya Lovell Banks

No abstract provided.

Trampling Whose Rights? Democratic Majority Rule And Racial Minorities: A Response To Chin And Wagner, Taunya Lovell Banks

Taunya Lovell Banks

Gabriel Chin and Randy Wagner argue us that there were black majorities and pluralities in Deep South states during the Reconstruction era who were consciously disenfranchised by private and public entities, including the U.S. Supreme Court because of fears of black majority rule and the Court should take this history into account and recognize the lingering effects of this historic disenfranchisement on black Americans. This essay responds to their argument, contending that fear of black majority rule never was the sole reason for the disenfranchisement of black majorities and pluralities in the Deep South, rather the problem has always been …

Contested Terrains Of Compensation: Equality, Affirmative Action And Diversity In The United States, Taunya L. Banks

Taunya Lovell Banks

No abstract provided.

To Kill A Mockingbird (1962): Lawyering In An Unjust Society, Taunya Lovell Banks

Taunya Lovell Banks

No abstract provided.

A Primary Human Challenge, Carroy U. Ferguson

Carroy U "Cuf" Ferguson, Ph.D.

We may ask why, at both the individual and collective levels, it has seemed so difficult for us to choose to evolve our human games with Joy. There is no one answer for such a question, for each of us has the gift of free will. I will suggest, however, that built into our human games is what I call a primary human challenge. That primary human challenge is a dynamic tension, flowing from our creative urge for the freedom “to be” who we really are in our current physical form, and simultaneously to embrace our responsibility for our Being-ness.

Judgments Of The United States Supreme Court And The South African Constitutional Court As A Basis For A Universal Method To Resolve Conflicts Between Fundamental Rights, Daniel H. Erskine

Daniel H. Erskine

This article describes the methods utilized by the United States Supreme Court to resolve specific cases involving conflicts between federal constitutional rights, a federal constitutional right and a state constitutional or statutory right, and an international treaty right and a federal constitutional right. Consideration of particular decisions representative of the manner the Court resolves conflicts between rights in the three typologies described above, illustrates how the Court views such conflicts and the rationales employed to resolve apparent conflicting rights. The rationales used by the United States Supreme Court are compared to the South African Constitutional Court’s decisions in the Soobramoney, …

Access To Justice, James George

James P. George

No abstract provided.

The Thirteenth Amendment And Access To Education For Children Of Undocumented Workers: A New Look At Plyler V. Doe, Maria Ontiveros, Joshua Drexler

Maria L. Ontiveros

This paper examines the extent to which the Thirteenth Amendment can be used to guarantee access to public education for the children of undocumented workers. It offers a reimagined version of Plyer, written using the Thirteenth Amendment, instead of the Fourteenth Amendment. After offering a brief summary of Thirteenth Amendment jurisprudence, it offers a variety of theoretical frameworks for analyzing the denial of education under the U.S. Constitution. It argues that the Thirteenth Amendment can provide a powerful tool for litigation, moral persuasion, organizing and legislation in the area.

N.O. Schools Or No Schools?: Absolute Deprivation Of Educational Opportunity In Post-Katrina New Orleans As A Violation Of A Fundamental Right, Cheryl S. Bratt

Cheryl S. Bratt