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Full-Text Articles in Law
The Fallacy Of A Colorblind Consent Search Doctrine, Beau C. Tremitiere
The Fallacy Of A Colorblind Consent Search Doctrine, Beau C. Tremitiere
Northwestern University Law Review
Most searches conducted by police officers are “consensual” and thus beyond the reach of the Fourth Amendment. However, such searches violate the Fourth Amendment when, under the totality of circumstances, consent appears to be a product of coercion—that is, when the consent was involuntary. In 1980, in Mendenhall v. United States, the Supreme Court identified race as a relevant factor courts should consider but failed to explain precisely why race was relevant. After decades of mistreatment and state-sanctioned violence, distrust of law enforcement was rampant in communities of color, and the Mendenhall Court correctly intuited (but failed to describe) the …
Constitution Day Lecture: Constitutional Law And Tort Law: Injury, Race, Gender, And Equal Protection, Jennifer B. Wriggins
Constitution Day Lecture: Constitutional Law And Tort Law: Injury, Race, Gender, And Equal Protection, Jennifer B. Wriggins
Maine Law Review
The focus of today’s annual Constitution Day lecture at the University of Maine School of Law is on the Fourteenth Amendment and specifically how the Equal Protection Clause relates to tort law. First, I will talk about the Equal Protection Clause in general—what it says, and some of what it has been held to mean—particularly where government makes distinctions based on race and gender. Second, I will discuss two historical tort cases that violate equal protection on the basis of race. In doing so, I uncover the racial history of tort law that has been hidden in plain sight. I …
Police In America: Ensuring Accountability And Mitigating Racial Bias Feat. Professor Destiny Peery
Police In America: Ensuring Accountability And Mitigating Racial Bias Feat. Professor Destiny Peery
Northwestern Journal of Law & Social Policy
No abstract provided.
Litigating Police Misconduct: Does The Litigation Process Matter? Does It Work?
Litigating Police Misconduct: Does The Litigation Process Matter? Does It Work?
Northwestern Journal of Law & Social Policy
No abstract provided.
Police In America: Ensuring Accountability And Mitigating Racial Bias Feat. Paul Butler
Police In America: Ensuring Accountability And Mitigating Racial Bias Feat. Paul Butler
Northwestern Journal of Law & Social Policy
No abstract provided.
Justice Blackmun And Individual Rights, Diane P. Wood
Justice Blackmun And Individual Rights, Diane P. Wood
Dickinson Law Review (2017-Present)
Of the many contributions Justice Blackmun has made to American jurisprudence, surely his record in the area of individual rights stands out for its importance. Throughout his career on the Supreme Court, he has displayed concern for a wide variety of individual and civil rights. He has rendered decisions on matters ranging from the most personal interests in autonomy and freedom from interference from government in life’s private realms, to the increasingly complex problems posed by discrimination based upon race, sex, national origin, alienage, illegitimacy, sexual orientation, and other characteristics. As his views have become well known to the public, …
Ensuring The Constitution Remains Color Blind Vs. Turning A Blind Eye To Justice: Equal Protection And Affirmative Action In University Admissions, Attashin Safari
Ensuring The Constitution Remains Color Blind Vs. Turning A Blind Eye To Justice: Equal Protection And Affirmative Action In University Admissions, Attashin Safari
Loyola of Los Angeles Law Review
No abstract provided.
Race, Redistricting, And The Manufactured Conundrum, Justin Levitt
Race, Redistricting, And The Manufactured Conundrum, Justin Levitt
Loyola of Los Angeles Law Review
Race and redistricting each lie at the core of recurring contests over American political identity. It is therefore perhaps no surprise that cases concerning the role of race in redistricting have offered the Supreme Court a steady diet. In 2017, for the fourth time in four decades, the Court struck North Carolina districts based on the legislature’s misuse of race. And the North Carolina legislature, proclaiming the whole business too complicated, simply threw up its hands.
This petulance is likely performance. The law of race and redistricting is resistant to shortcuts and stereotypes, but that does not render it intractable, …
Embracing Race-Conscious College Admissions Programs: How Fisher V. University Of Texas At Austin Redefines "Affirmative Action" As A Holistic Approach To Admissions That Ensures Equal, Not Preferential, Treatment, Nancy L. Zisk
Marquette Law Review
In Fisher v. University of Texas at Austin, the United States Supreme Court affirmed well-established Supreme Court doctrine that race may be considered when a college or university decides whom to admit and whom to reject, as long as the consideration of race is part of a narrowly tailored holistic consideration of an applicant's many distinguishing features. The Court's latest decision heralds a new way of thinking about holistic race-conscious admissions programs. Rather than considering them as "affirmative action" plans that prefer any one applicant to the disadvantage of another, they should be viewed as the Court has described …