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Articles 1 - 9 of 9

Full-Text Articles in Law

A Race By Any Other Name: The Interplay Between Ethnicity, National Origin And Race For Purposes Of Section 1981, Eileen R. Kaufman Dec 2010

A Race By Any Other Name: The Interplay Between Ethnicity, National Origin And Race For Purposes Of Section 1981, Eileen R. Kaufman

Eileen Kaufman

No abstract provided.


La Libertad De Expresión En Internet Y Sus Garantías Constitucionales En El Control De Contenidos De Páginas Web, Germán M. Teruel Lozano Aug 2010

La Libertad De Expresión En Internet Y Sus Garantías Constitucionales En El Control De Contenidos De Páginas Web, Germán M. Teruel Lozano

Germán M. Teruel Lozano

Master's thesis about freedom of speech in Internet and the constitutional guarantees in the control of websides content.


Rethinking Immigration Detention, Anil Kalhan Apr 2010

Rethinking Immigration Detention, Anil Kalhan

Anil Kalhan

In recent years, scholars have drawn attention to the myriad ways in which the lines between criminal enforcement and immigration control have blurred in law and public discourse. This essay analyzes this convergence in the context of immigration detention. For decades, courts and observers have documented and analyzed a wide range of detention-related concerns, including mandatory and presumed custody, coercion and other due process violations, inadequate access to counsel, prolonged and indefinite custody, inadequate conditions of confinement, and violations of international law obligations. With the number of detainees skyrocketing since the 1990s, these concerns have rapidly proliferated - to the …


Constitutional Protection Of Freedom Of Expression In The United States As It Affects Defamation Law, Oscar Gray Apr 2010

Constitutional Protection Of Freedom Of Expression In The United States As It Affects Defamation Law, Oscar Gray

Oscar S. Gray

No abstract provided.


From Immutable To Existential: Protecting Who We Are And Who We Want To Be With The 'Equalerty' Of The Substantive Due Process Clause, Aaron J. Shuler Mar 2010

From Immutable To Existential: Protecting Who We Are And Who We Want To Be With The 'Equalerty' Of The Substantive Due Process Clause, Aaron J. Shuler

Aaron J Shuler

Abstract Scholars have written about the duality of the substantive due process and equal protection doctrines and described how they have worked in tandem, although many academics have focused on, or outright called for, a preference for the use of the equal protection clause. Another contingent of the academic community, however, has discussed the favored use of substantive due process in the last fifty years in providing equal treatment for all groups by ferreting out discrimination against marginalized minorities. Scholars have also separately alluded to substantive due process’ ability to protect the most existential of liberties. This works seeks to …


Congress' Power Is Properly Vested, Alan E. Garfield Feb 2010

Congress' Power Is Properly Vested, Alan E. Garfield

Alan E Garfield

No abstract provided.


The Original Scope Of The Congressional Power To Regulate Elections, Robert G. Natelson Jan 2010

The Original Scope Of The Congressional Power To Regulate Elections, Robert G. Natelson

Robert G. Natelson

Courts testing the constitutionality of federal campaign finance laws usually focus on First Amendment issues. More fundamental, however, is the question of whether campaign finance laws are within Congress’s enumerated power to regulate the “Times, Places and Manner of holding Elections.” This Article is an objective examination into the intended scope of this congressional power, using numerous sources overlooked by other legal writers. The Article concludes that the intended scope of the power was wide enough to authorize most modern congressional election statutes, but not wide enough to support modern federal campaign finance laws.


Color-Blind: Procedure's Quiet But Crucial Role In Achieving Racial Justice, Benjamin V. Madison Iii Jan 2010

Color-Blind: Procedure's Quiet But Crucial Role In Achieving Racial Justice, Benjamin V. Madison Iii

Benjamin V Madison, III

This article explores the role of procedural institutions, both in the Constitution and in other laws related to the judicial system, that promote impartial justice. The article explores the twin principles of human fallibility and the equality of all human beings as the fundamental bases of the judicial system. The role of procedure in enabling federal courts to enforce the Supreme Court's decision in Brown v. Board of Education is a featured part of the article.


Immigrant Workers And The Thirteenth Amendment, Maria Ontiveros Dec 2009

Immigrant Workers And The Thirteenth Amendment, Maria Ontiveros

Maria L. Ontiveros

This chapter examines the treatment of immigrant workers through the lens of the Thirteenth Amendment. It examines how the intersection of labor and immigration laws impact immigrant workers in general, "guest workers" and undocumented immigrants. It argues that immigrant workers can be seen as a caste of nonwhite workers laboring beneath the floor for free labor in ways which violate the Thirteenth Amendment. Further, it suggests ways in which immigrant workers can use the Thirteenth Amendment to improve their situation and offers an analysis of how the Thirteenth Amendment can form a bridge for organizing between labor, civil rights, immigration …