Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- District of Columbia (5)
- Congress (4)
- Constitution (4)
- Voting Rights (4)
- D.C. Statehood (3)
-
- Civil Rights (2)
- Constitutional Law (2)
- Home Rule (2)
- Redistricting (2)
- Voting Rights Act (2)
- 1973 War Powers Resolution (1)
- 9th Congressional District (1)
- Access to justice (1)
- Aggressive Panhandling Statute (1)
- Armed Forces (1)
- Bill of Rights (1)
- COPPA (1)
- Child Online Privacy Protection Act (1)
- Civil Immigration Policies (1)
- Civil cases (1)
- Coercive Police Conduct (1)
- Colorado v. Connelly (1)
- Congressional Earmarking (1)
- Congressional districts (1)
- Constitutional Rights (1)
- Consultation Clause (1)
- Court system (1)
- D.C. Affordable Law Firm (1)
- D.C. Courts (1)
- D.C. Home Rule Act (1)
- Publication Year
Articles 1 - 24 of 24
Full-Text Articles in Law
Political Redistricting In The Post-Rucho Era, Robert Fisch
Political Redistricting In The Post-Rucho Era, Robert Fisch
University of the District of Columbia Law Review
In January of 2011, the infamous “Snake by the Lake” was born.2 Stretching along the southern coast of Lake Erie, the 9th Congressional District of Ohio covers a 120 mile-long thin strip of the state.3 The district is less than one mile wide at certain locations and is considered contiguous, a state constitutional requirement for congressional districts,4 only because the “snake” passes through portions of Lake Erie.5 In creating the district, the Ohio Republican Party, the majority party in the state legislature at the time, drew the boundaries with the intent to limit the voting power of the Democrats in …
There Is No Justice When Low And Modest-Income D.C. Residents Are Forced To Represent Themselves In Civil Cases, Sheldon Krantz
There Is No Justice When Low And Modest-Income D.C. Residents Are Forced To Represent Themselves In Civil Cases, Sheldon Krantz
University of the District of Columbia Law Review
After spending more than twenty years as a white-collar criminal defense lawyer at DLA Piper and prior to that serving as a federal prosecutor, law professor, and law school dean, I had the opportunity to help develop and then share responsibility for directing the non-profit D.C. Affordable Law Firm (“DCALF”). 135 I learned from this experience that lawyers are rarely available for most of the low- and modest income District of Columbia (“D.C.”) residents who find themselves embroiled in civil matters in D.C. Superior Court on matters greatly impacting their lives. They become, as a result, self-represented litigants (“SRLs”) who …
Laboratory Of Democracy: How The District Of Columbia Is Using The Home Rule Act To Achieve Elements Of Statehood, Walter A. Smith Jr., Kevin M. Hilgers
Laboratory Of Democracy: How The District Of Columbia Is Using The Home Rule Act To Achieve Elements Of Statehood, Walter A. Smith Jr., Kevin M. Hilgers
University of the District of Columbia Law Review
On January 3, 2019, Congresswoman Eleanor Holmes Norton, the District of Columbia's (the "District') nonvoting delegate to the House of Representatives, reintroduced the Washington, D.C. Admission Act, which would make much of the District the 51st state. While Norton had made a tradition of opening each new Congress by introducing D.C. democracy bills, the context this time gave District advocates more reason to be optimistic. With the Democrats gaining control of the House, the bill gained a record 155 original cosponsors, and Representative Elijah Cummings, chair of the House Committee on Oversight and Reform, committed to holding a hearing on …
A Proposal To Win The District Of Columbia A Partial Vote In The House Of Representatives, Mary M. Cheh
A Proposal To Win The District Of Columbia A Partial Vote In The House Of Representatives, Mary M. Cheh
University of the District of Columbia Law Review
Unlike many citizens of the United States, citizens of the District of Columbia are denied a vote in the national legislature. Not only are they denied a voting representative on matters of national scope and importance, but Congress may control all facets of local governance for the 700,000 residents of the District. This paper suggests a new initiative. It calls for the D.C. Council, under its "Home Rule" authority granted by Congress, to amend a federal law, "The District of Columbia Delegate Act," ("Delgate Act") and give the District's delegate to the House of Representatives the authority to vote in …
Congressional Management Of The District Of Columbia Prior To Home Rule: The Struggle To Understand Power Lines In The Nation's Capital, James Moeller
Congressional Management Of The District Of Columbia Prior To Home Rule: The Struggle To Understand Power Lines In The Nation's Capital, James Moeller
University of the District of Columbia Law Review
Article I, Section 8 of the U.S. Constitution authorizes the U.S.Congress to establish a federal capital and "[t]o exercise exclusive Legislation in all Cases whatsoever, over such District."' For this reason, Congress has exclusive jurisdiction over the District ofColumbia ("District"), which has neither statehood nor voting representation in Congress. In 1973, Congress enacted the District of Columbia Home Rule Act,which delegated some measure of local self-governance to the District.2Since 1973, District residents have elected their own mayor and city council. Council legislation, however, is still subject to review by Congress, which also approves the annual budget for the District.
Protecting Sacred Ground: The San Manuel Ruling And Implications For Indian Cultural Resource Preservation, Gray O'Dwyer
Protecting Sacred Ground: The San Manuel Ruling And Implications For Indian Cultural Resource Preservation, Gray O'Dwyer
University of the District of Columbia Law Review
Six hundred years ago, all land in America was Indian land.1 Then,"[Europe] conducted some of her adventurous sons into this western world.., and discovery gave title... [which] could be consummated by possession."2 This "doctrine of discovery," agreed upon between colonial powers, essentially granted title to anyone who could occupy American soil. Europeans quickly scrambled to negotiate peace treaties with native tribes so that they could install settlers and thereby claim territory. The inherent problems with these treaties were numerous; beyond conflicting interests,3 outright fraud,4 and language barriers, the terms of transfer were inherently invalid because the government that was taking …
Threading The Needle:Constitutional Ways For Local Governments To Refuse Cooperation With Civil Immigration Policies, Mary Cheh
University of the District of Columbia Law Review
On October 19, 2011, the mayor of Washington, D.C. issued an Executive Order to limit the District's cooperation with the federal government's Immigration and Naturalization Service in identifying and deporting undocumented residents.' In so doing, the mayor joined with many other communities' that, while specifically not shielding undocumented aliens engaged in criminal activity, want to maintain the trust and care of the many law-abiding immigrants within their borders. The mayor's Order is a direct response to the federal government's more aggressive effort to enlist local authorities in the roundup of undocumented aliens,' and raises the question which is the subject …
The Child Online Privacy Protection Act: The Relationship Between Constitutional Rights And The Protection Of Children, Sasha Grandison
The Child Online Privacy Protection Act: The Relationship Between Constitutional Rights And The Protection Of Children, Sasha Grandison
University of the District of Columbia Law Review
No abstract provided.
The District Of Columbia V. The 50 States: A 21st Century Lawsuit To Remedy An 18th Century Injustice, Timothy Cooper
The District Of Columbia V. The 50 States: A 21st Century Lawsuit To Remedy An 18th Century Injustice, Timothy Cooper
University of the District of Columbia Law Review
No abstract provided.
Same Sex Marriage: Does The Constitution Or State Constitution Support Same-Sex Marriages?, Sonja Seehusen
Same Sex Marriage: Does The Constitution Or State Constitution Support Same-Sex Marriages?, Sonja Seehusen
University of the District of Columbia Law Review
No abstract provided.
Bringing Home The Bacon: A Two-Pronged Approach To Transparent And Effective Congressional Earmarking, Kimberly S. Pulick
Bringing Home The Bacon: A Two-Pronged Approach To Transparent And Effective Congressional Earmarking, Kimberly S. Pulick
University of the District of Columbia Law Review
Earmarks signify the process of Congressional allocation of Treasury funds to selected projects or persons by individual Congress members without oversight, without any merit-based allocation process, and often, anonymously. It is a process authorized by the United States Constitution which requires Congress to supervise and direct all appropriations of money from the U.S. Treasury.1 Although a large proportion of funds are allocated to federal agencies, the remainder is available to members of Congress for special projects or persons as earmarks. Because members of Congress have had the power to earmark projects and persons without supervision and without attaching their names …
Towards Equal Footing: Responding To The Perceived Constitutional, Legal And Practical Impediments To Statehood For The District Of Columbia, Johnny Barnes
University of the District of Columbia Law Review
No abstract provided.
The Legal And Constitutional Foundations For The District Of Columbia Judicial Branch, Steven M. Schneebaum
The Legal And Constitutional Foundations For The District Of Columbia Judicial Branch, Steven M. Schneebaum
University of the District of Columbia Law Review
No abstract provided.
Who Should Appoint Judges Of The D.C. Courts?, Charles A. Miller
Who Should Appoint Judges Of The D.C. Courts?, Charles A. Miller
University of the District of Columbia Law Review
Since 1970, the District of Columbia court system has been comprised of the District of Columbia Court of Appeals and the Superior Court of the District of Columbia.' From the time of the establishment of the District, judges of its courts have been appointed by the President of the United States, acting on the advice of the Attorney General. When the general issue of District home rule came before Congress in the 1960s, one of the subjects considered was the judicial appointment process. In 1970, the District of Columbia Court Reform and Criminal Procedure Act 2 continued the Presidential appointment …
A Representative Democracy: An Unfulfilled Ideal For Citizens Of The District Of Columbia, Aaron E. Price Sr.
A Representative Democracy: An Unfulfilled Ideal For Citizens Of The District Of Columbia, Aaron E. Price Sr.
University of the District of Columbia Law Review
No abstract provided.
The District Of Columbia Revitalization Act And Criminal Justice: The Federal Government's Assault On Local Authority, Jonathan M. Smith
The District Of Columbia Revitalization Act And Criminal Justice: The Federal Government's Assault On Local Authority, Jonathan M. Smith
University of the District of Columbia Law Review
The District of Columbia ("the District") enjoys a unique relationship with the federal government. As a matter of Constitutional pronouncement, citizens of the District are deprived of the right to ultimate control over the content of local laws. The Constitution provides that, "[t]he Congress shall have the power ... to exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States."2 Since the District's establishment in 1791, 3 Congress has not hesitated to exercise …
Hurdling The Police Coercion Requirement: State Alternatives To Colorado V. Connelly, Ronald G. Woodman Jr.
Hurdling The Police Coercion Requirement: State Alternatives To Colorado V. Connelly, Ronald G. Woodman Jr.
University of the District of Columbia Law Review
No abstract provided.
The Constitutionality Of Racial Redistricting: A Critique Of Shaw V. Reno, Frank R, Parker
The Constitutionality Of Racial Redistricting: A Critique Of Shaw V. Reno, Frank R, Parker
University of the District of Columbia Law Review
No abstract provided.
Johnson V. De Grandy: Mixed Messages On Equal Electoral Opportunity Under Section 2 Of The Voting Rights Act, Brenda Wright
Johnson V. De Grandy: Mixed Messages On Equal Electoral Opportunity Under Section 2 Of The Voting Rights Act, Brenda Wright
University of the District of Columbia Law Review
Johnson v. De Grandy' is Florida's contribution to the burgeoning Supreme Court jurisprudence addressing the redistricting which followed the 1990 Census.2 That round of redistricting has been heavily influenced by Section 2 of the Voting Rights Act of 1965, which Congress amended in 1982 to prohibit election practices that deny minorities an equal opportunity to participate in the political process andelect candidates of their choice to office.3 Because the composition of election districts may have a powerful impact on the ability of racial or ethnic minorities to elect candidates of their choice to office, 4 redistricting is among the practices …
Holder V. Hall: Blinking At Minority Voting Rights, Laughlin Mcdonald
Holder V. Hall: Blinking At Minority Voting Rights, Laughlin Mcdonald
University of the District of Columbia Law Review
Parts I and II of this Article discuss the sole commissioner form of government in Bleckley County and the nature and disposition of plaintiffs' Section 2 challenge in the lower courts. Part III analyzes the decision of the Supreme Court, its formalistic construction of Section 2, and the Court's retreat from voting rights enforcement. Part IV is a critique of the concurring opinion of Justice Thomas and responds to his arguments that the creation of majority-minority districts improperly embroils the courts in political theorizing and is a form of segregation. This Article concludes with a discussion of the critical role …
"Rejecting The Parasite And Motivating The Laggard". A Constitutional Analysis Of The District Of Columbia's Aggressive Panhandling Statute, Katherine S. Broderick
"Rejecting The Parasite And Motivating The Laggard". A Constitutional Analysis Of The District Of Columbia's Aggressive Panhandling Statute, Katherine S. Broderick
University of the District of Columbia Law Review
No abstract provided.
Legal Developments: Ethics In Government Federal Advisory Committees, Foreign Conflicts Of Interest, The Constitution, And Dr. Franklin's Snuff Box, Gerald S. Schatz
Legal Developments: Ethics In Government Federal Advisory Committees, Foreign Conflicts Of Interest, The Constitution, And Dr. Franklin's Snuff Box, Gerald S. Schatz
University of the District of Columbia Law Review
No abstract provided.
The Newly Disenfranchised: A Constitutional Right Withheld, Herman R. Brown Jr.
The Newly Disenfranchised: A Constitutional Right Withheld, Herman R. Brown Jr.
University of the District of Columbia Law Review
Traditionally, Blacks and women have been denied their constitutional rights based strictly on race and sex. This brand of disenfranchisement has in many instances made these groups feel like "second class" citizens. Although recently, these groups have been able to share in some rights previously withheld, the "playing field of equality of rights" is still not level. For example, women still earn less pay for comparable work performed by their male counterparts. Blacks continue to be shut out of the system based strictly on race. Just as women and Blacks have been denied their rights, other groups have suffered similar …
The Consultation Clause Of The 1973 War Powers Resolution, Laurence D. Pierce
The Consultation Clause Of The 1973 War Powers Resolution, Laurence D. Pierce
Antioch Law Journal
In 1973, Congress enacted the War Powers Resolution.' The purpose of the Resolution was "to fulfill the intent of the framers of the Constitution of the United States and insure that the collective judgment of both the Congress and the President will apply to the introduction of United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances .... 2 Part I of this comment examines the legislative evolution of the consultation clause to ascertain the intent of those congressional members who drafted and ratified the War Powers Resolution. Part II …