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Full-Text Articles in Law
Continuing The Trend Toward Equality: The Eradication Of Racially And Sexually Discriminatory Provisions In Private Trusts, Katheryn F. Voyer
Continuing The Trend Toward Equality: The Eradication Of Racially And Sexually Discriminatory Provisions In Private Trusts, Katheryn F. Voyer
William & Mary Bill of Rights Journal
Racially and sexually discriminatory private trusts are presumed to be valid under traditional common law governing dispositions of property. Most courts have held that if the state plays a "passive" role, only private actors are involved and the Fourteenth Amendment is not implicated The United States Supreme Court, however, has declared in one context that discriminatory charitable trusts violate public policy and are unconstitutional. This Note argues that because private trusts involve unlawful state action and are not purely private, courts have an affirmative obligation imposed by the Supreme Court and a moral responsibility because of well-established public policy against …
Access Denied: Incarcerated Juveniles And Their Right Of Access To Courts, Amy E. Webbink
Access Denied: Incarcerated Juveniles And Their Right Of Access To Courts, Amy E. Webbink
William & Mary Bill of Rights Journal
In the current flux of an increasingly punitive juvenile justice system, one of the system's great injustices receives little attention. Unconstitutional conditions of confinement for juveniles do not receive appropriate legal exposure. Challenges to these conditions are more difficult in light of the Supreme Court's recent restriction of a prisoner's right of access to the courts. This Note will analyze why a different standard of "meaningful access" is necessary to protect juveniles.