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Full-Text Articles in Law
Lifting The Fog: Ending Felony Disenfranchisement In Virginia, Dori Elizabeth Martin
Lifting The Fog: Ending Felony Disenfranchisement In Virginia, Dori Elizabeth Martin
Law Student Publications
This comment explores how Virginia's disenfranchisement law originated, how it has managed to survive throughout Virginia's history, and whether it may be vulnerable to various legal challenges. Part II outlines the history of felony disenfranchisement in Virginia. Part III analyzes common policy justifications for the current law and discusses the widely held beliefs about the role of race in the law's inception. Part IV examines legal challenges to similar laws in the federal courts and evaluates the potential for success of comparable challenges in Virginia. Part V looks to recent attempts at enacting solutions at the state level. Part VI …
"If The Plaintiffs Are Right, Grutter Is Wrong": Why Fisher V. University Of Texas Presents An Opportunity For The Supreme Court To Overturn A Flawed Decision, Brooks H. Spears
"If The Plaintiffs Are Right, Grutter Is Wrong": Why Fisher V. University Of Texas Presents An Opportunity For The Supreme Court To Overturn A Flawed Decision, Brooks H. Spears
Law Student Publications
The constitutionality of affirmative action in America's public higher education institutions ("HEIs") gained prominence in the late 1970s with the Supreme Court's decision in Regents of the University of California v. Bakke. The Bakke decision was less than clear, but it provided the framework in which HEls formulated their admission policies regarding the use of race. Nevertheless, the law regarding affirmative action remained unsettled, and the circuits remained split.
The False Promise Of The Converse-1983 Action, John F. Preis
The False Promise Of The Converse-1983 Action, John F. Preis
Law Faculty Publications
The federal government is out of control. At least that's what many states will tell you. Not only is the federal government passing patently unconstitutional legislation, but its street-level officers are ignoring citizens' constitutional rights. How can states stop this federal juggernaut? Many are advocating a "repeal amendment, " whereby two-thirds of the states could vote to repeal federal legislation. But the repeal amendment will only address unconstitutional legislation, not unconstitutional actions. States can't repeal a stop-and-frisk that occurred last Thursday. States might, however, enact a so-called "converse-1983" action. The idea for converse-1983 laws has been around for some time …
How Shall The Constitution Be Enforced? A Preview Of Minneci V. Pollard, John F. Preis
How Shall The Constitution Be Enforced? A Preview Of Minneci V. Pollard, John F. Preis
Law Faculty Publications
Professor Preis discusses Minneci v. Pollard, a case he argued before the Supreme Court of the United States on behalf of his client (Pollard), a federal prisoner who had brought a civil rights action for various forms of mistreatment in alleged violation of the Eighth Amendment. He outlines his and Pollard's contention that federal courts should enforce the civil rights of prisoners without regard to the availability of equivalent tort relief under state common law.