Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Civil rights (2)
- Supreme Court (2)
- Abortion (1)
- Bray v Alexandria Women's Health (1)
- Citizenship (1)
-
- Civil Rights Act of 1866 (1)
- Civil War (1)
- Congress (1)
- Constitutional History (1)
- Constitutional law--United States. (1)
- EPA (1)
- Environmental Protection Agency (1)
- Environmental racism (1)
- Environmentall activism (1)
- Equal civil rights (1)
- Equal protection (1)
- Equality and diversity (1)
- Equality before the law--United States (1)
- Federal Courts (1)
- Fourteenth Amendment (1)
- Interstate commerce--Law and legislation--United States. (1)
- Japanese (1)
- Judicial Activism (1)
- Korematsu (1)
- Legislators--United States--States (1)
- Natural liberty (1)
- Police brutality (1)
- Racism' (1)
- Reconstruction (1)
- Religious freedom (1)
Articles 1 - 10 of 10
Full-Text Articles in Law
Bifurcation Of Civil Rights Defendants: Undermining Monell In Police Brutality Cases, Douglas L. Colbert
Bifurcation Of Civil Rights Defendants: Undermining Monell In Police Brutality Cases, Douglas L. Colbert
Faculty Scholarship
No abstract provided.
The Latter Stages Of Enforcement Of Equitable Decrees: The Course Of Institutional Reform Cases After Dowell, Rufo, And Freeman, David I. Levine
The Latter Stages Of Enforcement Of Equitable Decrees: The Course Of Institutional Reform Cases After Dowell, Rufo, And Freeman, David I. Levine
Faculty Scholarship
No abstract provided.
Equality And Diversity: The Eighteenth-Century Debate About Equal Protection And Equal Civil Rights, Philip A. Hamburger
Equality And Diversity: The Eighteenth-Century Debate About Equal Protection And Equal Civil Rights, Philip A. Hamburger
Faculty Scholarship
Living, as we do, in a world in which our discussions of equality often lead back to the desegregation decisions, to the Fourteenth Amendment, and to the antislavery debates of the 1830s, we tend to allow those momentous events to dominate our understanding of the ideas of equal protection and equal civil rights. Indeed, historians have frequently asserted that the idea of equal protection first developed in the 1830s in discussions of slavery and that it otherwise had little history prior to its adoption into the U.S. Constitution. Long before the Fourteenth Amendment, however – long before even the 1830s …
The Modification Of Equitable Degrees In Institutional Reform Litigation: A Commentary On The Supreme Court's Adoption Of The Second Circuit's Flexible Test, David I. Levine
Faculty Scholarship
No abstract provided.
Chase Court And Fundamental Rights: A Watershed In American Constitutionalism, The , Robert J. Kaczorowski
Chase Court And Fundamental Rights: A Watershed In American Constitutionalism, The , Robert J. Kaczorowski
Faculty Scholarship
Three weeks before he died in May 1873, the frail and ailing Salmon P. Chase joined three of his brethren in dissent in one of the most important cases ever decided by the United States Supreme Court, the Slaughter-House Cases.1 This decision was a watershed in United States constitutional history for several reasons. Doctrinally, it represented a rejection of the virtually unanimous decisions of the lower federal courts upholding the constitutionality of revolutionary federal civil rights laws enacted in the aftermath of the Civil War. Institutionally, it was an example of extraordinary judicial activism in overriding the legislative will of …
Race(Ial)Matters: The Quest For Environmental Justice Review Essay, Sheila R. Foster
Race(Ial)Matters: The Quest For Environmental Justice Review Essay, Sheila R. Foster
Faculty Scholarship
The essays contained in Race and the Incidence of Environmental Hazards: A Time For Discourse and the recent report by the United States Environmental Protection Agency (EPA), Environmental Equity: Reducing Risk For All Communities represent what appears to be a remarkable consensus that low-income and minority communities bear a disproportionate share of environmental exposures and health risks. These two works also reflect the synergy of efforts by various elements of both the traditional civil rights and mainstream environmental movements to address issues of "environmental racism." Indeed, the current "environmental justice," or "environmental equity,"' movement is a combined effort of grassroots …
What States Owe Outsiders, Matthew D. Adler
Lawyers At The Prison Gates: Organizational Structure And Corrections Advocacy, Susan Sturm
Lawyers At The Prison Gates: Organizational Structure And Corrections Advocacy, Susan Sturm
Faculty Scholarship
The rise of the public interest law movement ushered in an era of intense debate over the best way to provide legal representation to those unable to afford private counsel. This debate has involved two related dimensions of public interest representation. First, advocates and observers of public interest practice disagree over the proper role of lawyers acting on behalf of poor and underrepresented clients. They offer competing visions of representation spanning a continuum, from providing equal access to the courts for as many poor people as possible, to attacking the causes and effects of poverty and powerlessness.
The second dimension …
Foreword To An Interview With Fred Korematsu, Larry Yackle
Foreword To An Interview With Fred Korematsu, Larry Yackle
Faculty Scholarship
One afternoon in the spring of 1942, Fred Korematsu was arrested for doing what would have been perfectly innocent and natural for millions of other American citizens, but was for him a criminal offense. He went for a stroll with his fianc6e along a public street in San Leandro, California.' By order of General John L. DeWitt, Americans of Japanese ancestry had been directed to remain in their homes during daylight hours and to ready themselves for transport to "assembly centers," where they would wait out the war.' Korematsu's family had already reported to such a center near San Francisco, …
The Supreme Court's Narrow View On Civil Rights, Jack M. Beermann
The Supreme Court's Narrow View On Civil Rights, Jack M. Beermann
Faculty Scholarship
The right to choose abortion, although recently significantly curtailed from its original scope,' is a federally protected liberty interest of women, and is at least protected against the imposition of "undue burdens" by state and local government.2 Some of the most serious threats to women's ability to choose abortion have come not from government regulation, but from private, national, organized efforts to prevent abortions. In addition to seeking change through the political system, some of these organizations, most notably Operation Rescue, have focused on the providers of abortion, and have attempted to prevent abortions by forcibly closing abortion clinics …