Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Civil Rights (2)
- African American Civil Rights (1)
- Censorship (1)
- Constitutional Law (1)
- Due Process of Law (1)
-
- Equal Protection (1)
- Family Reunification (1)
- Federal Rules of Evidence (1)
- Freedom of Expression (1)
- Freedom of Speech (1)
- Freedom of the Press (1)
- Gay Rights (1)
- Immigrant Children (1)
- Immigration Law (1)
- Jury Members (1)
- Legal Formalism (1)
- Moore v. East Cleveland (431 U.S. 494 (1977)) (1)
- Obscenity (Law) (1)
- Pena-Rodriguez v. Colorado (137 S. Ct. 855 (2017)) (1)
- Police Brutality (1)
- Postal Service (1)
- Qualified Immunity of Public Officers (1)
- Religious Discrimination (1)
- Reno v. Flores (507 U.S. 292 (1993)) (1)
- Sex Discrimination (1)
- Sexual Orientation (1)
- State Action (Civil Rights) (1)
- Strict Liability (1)
- Unaccompanied Children (1)
- United States Constitution 14th Amendment (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
Section 1983 & Qualified Immunity: Qualifying The Death Of Due Process And America's Most Vulnerable Classes Since 1871. Can It Be Fixed?, Gabrielle Pelura
Section 1983 & Qualified Immunity: Qualifying The Death Of Due Process And America's Most Vulnerable Classes Since 1871. Can It Be Fixed?, Gabrielle Pelura
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The First Amendment And The Roots Of Lgbt Rights Law: Censorship In The Early Homophile Era, 1958-1962, Jason M. Shepard
The First Amendment And The Roots Of Lgbt Rights Law: Censorship In The Early Homophile Era, 1958-1962, Jason M. Shepard
William & Mary Journal of Race, Gender, and Social Justice
Long before substantive due process and equal protection extended constitutional rights to homosexuals under the Fourteenth Amendment, in three landmark decisions by the Supreme Court of the United States, First Amendment law was both a weapon and shield in the expansion of LGBT rights. This Article examines constitutional law and “gaylaw” from the perspective of its beginning, through case studies of One, Inc. v. Olesen (1958), Sunshine Book Co. v. Summerfield (1958), and Manual Enterprises, Inc. v. Day (1962). In protecting free press rights of sexual minorities to use the U.S. mail for mass communications, the Warren Court’s liberalization of …
The Forgotten Relatives In The Fight Against Family Separation: A Constitutional Analysis Of The Statutory Definition Of Unaccompanied Minors In Immigration Detention, Alysa Williams
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Blatantly Biased: Expanding Pena-Rodriguez To Cases Of Bias Against Sexual Orientation, Religion, And Sex, Tressa Bussio
Blatantly Biased: Expanding Pena-Rodriguez To Cases Of Bias Against Sexual Orientation, Religion, And Sex, Tressa Bussio
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Free-Speech Formalism And Social Injustice, Stephen M. Feldman
Free-Speech Formalism And Social Injustice, Stephen M. Feldman
William & Mary Journal of Race, Gender, and Social Justice
The Roberts Court has shifted constitutional law in a formalist direction. This Essay explains the Court’s formalism and its causes and consequences in First Amendment free-expression cases. The thesis is that the current conservative justices’ reliance on formalism intertwines with their attitudes toward public and private spheres of activity. Their attitudes toward the public-private dichotomy are, in turn, shaped by their political ideologies as well as by the contemporary practices of democratic government, which have shifted significantly over American history. Formalism contains an inherent political tilt favoring those who already wield power in the private sphere. Formalism favors the wealthy …