Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Seattle University School of Law (4)
- St. Mary's University (3)
- Touro University Jacob D. Fuchsberg Law Center (3)
- University of Georgia School of Law (2)
- Brigham Young University (1)
-
- Brooklyn Law School (1)
- Chicago-Kent College of Law (1)
- Golden Gate University School of Law (1)
- Marquette University Law School (1)
- Maurer School of Law: Indiana University (1)
- Pepperdine University (1)
- University of Arkansas, Fayetteville (1)
- University of the District of Columbia School of Law (1)
- Washington and Lee University School of Law (1)
- Publication Year
- Publication
-
- Seattle University Law Review (4)
- Touro Law Review (3)
- Georgia Journal of International & Comparative Law (2)
- St. Mary's Law Journal (2)
- Antioch Law Journal (1)
-
- Arkansas Law Review (1)
- Brigham Young University Prelaw Review (1)
- Brooklyn Law Review (1)
- Chicago-Kent Law Review (1)
- Golden Gate University Law Review (1)
- Indiana Journal of Global Legal Studies (1)
- Marquette Law Review (1)
- Pepperdine Law Review (1)
- The Scholar: St. Mary's Law Review on Race and Social Justice (1)
- Washington and Lee Journal of Civil Rights and Social Justice (1)
Articles 1 - 22 of 22
Full-Text Articles in Law
Same Crime, Different Time: Sentencing Disparities In The Deep South & A Path Forward Under The Fourteenth Amendment, Hailey M. Donovan
Same Crime, Different Time: Sentencing Disparities In The Deep South & A Path Forward Under The Fourteenth Amendment, Hailey M. Donovan
Seattle University Law Review
The United States has the highest incarceration rate of any country in the world. The American obsession with crime and punishment can be tracked over the last half-century, as the nation’s incarceration rate has risen astronomically. Since 1970, the number of incarcerated people in the United States has increased more than sevenfold to over 2.3 million, outpacing both crime and population growth considerably. While the rise itself is undoubtedly bleak, a more troubling truth lies just below the surface. Not all states contribute equally to American mass incarceration. Rather, states have vastly different incarceration rates. Unlike at the federal level, …
A Vicious Cycle: United States’ Failure To Protect Immigrant Women’S Reproductive Rights At The Irwin County Detention Center, Lizet Palomera Torres
A Vicious Cycle: United States’ Failure To Protect Immigrant Women’S Reproductive Rights At The Irwin County Detention Center, Lizet Palomera Torres
Golden Gate University Law Review
The United States Immigration and Customs Enforcement agency (ICE) detained Jane Doe #15, an immigrant woman, at the Irwin County Detention Center (ICDC) in Georgia. During Jane’s time at ICDC, Doctor Mahendra Amin hastily examined her because she was experiencing severe pain in her pelvic area. Abandoning established professional and legal protocols for diagnosis and treatment, the medical staff scheduled Jane for surgery. Jane did not know what to expect from the surgery or what the medical personnel would do. After the surgery, the staff at ICDC neglected Jane’s care. She could not get out of bed on her own; …
Reflections On Nomos: Paideic Communities And Same Sex Weddings, Marie A. Failinger
Reflections On Nomos: Paideic Communities And Same Sex Weddings, Marie A. Failinger
Touro Law Review
Robert Cover’s Nomos and Narrative is an instructive tale for the constitutional battle over whether religious wedding vendors must be required to serve same-sex couples. He helps us see how contending communities’ deep narratives of martyrdom and obedience to the values of their paideic communities can be silenced by the imperial community’s insistence on choosing one community’s story over another community’s in adjudication. The wedding vendor cases call for an alternative to jurispathic violence, for a constitutionally redemptive response that prizes a nomos of inclusion and respect for difference.
Korematsu’S Ancestors, Mark A. Graber
Korematsu’S Ancestors, Mark A. Graber
Arkansas Law Review
Mark Killenbeck’s Korematsu v. United States has important affinities with Dred Scott v. Sandford. Both decisions by promoting and justifying white supremacy far beyond what was absolutely mandated by the constitutional text merit their uncontroversial inclusion in the anticanon of American constitutional law.3 Dred Scott held that former slaves and their descendants could not be citizens of the United States and that Congress could not ban slavery in American territories acquired after the Constitution was ratified.5 Korematsu held that the military could exclude all Japanese Americans from portions of the West Coast during World War II.6 Both decisions nevertheless provided …
Domestic Violence Victims, A Nuisance To Society?: Moving Toward A More Equitable System In Protecting Vulnerable Women, Elizabeth Haderlie, Layla Shaaban
Domestic Violence Victims, A Nuisance To Society?: Moving Toward A More Equitable System In Protecting Vulnerable Women, Elizabeth Haderlie, Layla Shaaban
Brigham Young University Prelaw Review
Recent conversations about racial biases that exist towards the black community have required many of us to rethink systems and laws that unconsciously perpetuate racial discrimination. This article uses state, federal, and local lawsuits to argue the case against nuisance ordinances and the negative effects they can have on victims of domestic abuse, namely black women. We dive into the histories and statistics of domestic violence and nuisance ordinances. We provide evidence that indicates a correlation between domestic violence victim’s fear of reaching out for help, and nuisance ordinances being in place. Finally, we urge the federal government to amend …
Isolation For Profit: How Privately Provided Video Visitation Services Incentivize Bans On In-Person Visitation Within American Correctional Facilities, J. Tanner Lusk
Washington and Lee Journal of Civil Rights and Social Justice
American correctional facilities are banning in-person visitation in lieu of privately provided and expensive video visitation services. This Note discusses the types of private services provided; how video visitation negatively affects inmates’ mental health and finances; and the ongoing legal battle occurring in Knox County, Tennessee, regarding whether the Knox County Jail’s ban on in-person visitation violates the Constitution. Because of the significant degree of deference courts grant correctional facilities when considering whether challenged regulations violate the Constitution, it will be difficult for the Knox County Jail inmates to successfully argue that the jail has violated their constitutional rights. There …
From Justice To Injustice: Lowering The Threshold Of European Consensus In Oliari And Others Versus Italy, Nazim Ziyadov
From Justice To Injustice: Lowering The Threshold Of European Consensus In Oliari And Others Versus Italy, Nazim Ziyadov
Indiana Journal of Global Legal Studies
Oliari and Others v. Italy, decided by the European Court of Human Rights (ECHR) in 2015, changed its case law. The ECHR changed its position stated in Schalk and Kopf v. Austria (2010) when evaluating an alleged violation of Article 8 of the European Convention on Human Rights. It concluded that Italy has a positive obligation under the convention to guarantee alternative legal recognition for same-sex couples. The same conclusion was not reached in Schalk. In Oliari and Others, the ECHR heavily relied on the European consensus doctrine and eventually deepened formalization of two different institutions (marriage and civil unions). …
Commitment Through Fear: Mandatory Jury Trials And Substantive Due Process Violations In The Civil Commitment Of Sex Offenders In Illinois, Michael Zolfo
Chicago-Kent Law Review
In Illinois, a person deemed a Sexually Violent Person (“SVP”) in a civil trial can be detained indefinitely in treatment facilities that functionally serve as prisons. SVPs are not afforded the right to waive a jury trial, a right that criminal defendants enjoy. This results in SVPs facing juries that treat sex offenders as monsters or sub-humans, due to often sensationalistic media coverage and the use of sex offenders as boogeymen in political campaigns. The lack of a jury trial waiver results in more individuals being deemed SVPs, depriving many of their liberty without the due process of law, a …
Undocumented Citizens Of The United States: The Repercussions Of Denying Birth Certificates, Anna L. Lichtenberger
Undocumented Citizens Of The United States: The Repercussions Of Denying Birth Certificates, Anna L. Lichtenberger
St. Mary's Law Journal
Abstract forthcoming
Finality Of A Conviction: A Noncitizen's Right To Procedural Due Process, Daniela Mondragon
Finality Of A Conviction: A Noncitizen's Right To Procedural Due Process, Daniela Mondragon
St. Mary's Law Journal
Abstract forthcoming
Personhood Under The Fourteenth Amendment, Vincent J. Samar
Personhood Under The Fourteenth Amendment, Vincent J. Samar
Marquette Law Review
This Article examines recent claims that the fetus be afforded the status of a person under the Fourteenth Amendment. It shows that such claims do not carry the necessary objectivity to operate reasonably in a pluralistic society. It then goes on to afford what a better view of personhood that could so operate might actually look like. Along the way, this Article takes seriously the real deep concerns many have for the sanctity of human life. By the end, it attempts to find a balance for those concerns with the view of personhood offered that should engage current debates about …
Of Swords, Shields, And A Gun To The Head: Coercing Individuals, But Not States, Aviam Soifer
Of Swords, Shields, And A Gun To The Head: Coercing Individuals, But Not States, Aviam Soifer
Seattle University Law Review
This Article begins with a brief reprise of what should be a textual “gotcha” about the Enforcement Clauses of the post-Civil War Amendments—if our current Supreme Court Justices actually cared about original texts, originalism, or a combination of the two. Next, the Article focuses on the gnarled issue of “coercion.” It argues that, contrary to a great deal of Anglo-American legal doctrine, coercion is best understood along a spectrum rather than as a binary phenomenon. Coercion is actually much contested and highly contextual across many legal categories. Federal coercion—also described as commandeering or dragooning— has become a particular constitutional focus …
The Thirteenth Amendment, Disparate Impact, And Empathy Deficits, Darrell A.H. Miller
The Thirteenth Amendment, Disparate Impact, And Empathy Deficits, Darrell A.H. Miller
Seattle University Law Review
Modern civil rights policy is, as the late Justice Scalia warned, at “war.” On the one hand, some laws, like Title VII of the Civil Rights Act of 1964 (Title VII) and the Fair Housing Act, can impose liability for decisions due to their racial impacts rather than their racial motivation. Defendants in such cases can always respond that the challenged decision (a test, a criterion, an allocation) is necessary in some legally cognizable sense; but the courthouse doors open with the prima facie case of disparate impact. On the other hand, the Fourteenth Amendment’s Equal Protection Clause, ever since …
The Case For Lgbt Equality: Reviving The Political Process Doctrine And Repurposing The Dormant Commerce Clause, Terri R. Day, Danielle Weatherby
The Case For Lgbt Equality: Reviving The Political Process Doctrine And Repurposing The Dormant Commerce Clause, Terri R. Day, Danielle Weatherby
Brooklyn Law Review
As a reaction to the Supreme Court’s historic marriage equality decision earlier this summer, many Southern state legislators opposing the trend toward LGBT-protective laws have proposed legislation that would essentially prohibit municipalities from carving out new antidiscrimination protections for the LGBT community. Conservative Senator Bart Hester spearheaded the passing of one of these “anti” antidiscrimination laws in Arkansas, and states like Texas, West Virginia, Michigan, and Oklahoma are not far behind. These “Hester-type laws” are strikingly similar to the Colorado amendment struck down by the Romer v. Evans Court 20 years ago. Both the Colorado amendment and the new wave …
Closing The Doors To Justice: A Critique Of Pimentel V. Dreyfus And The Application Of Legal Formalism To The Elimination Of Food Assistance Benefits For Legal Immigrants, Hannah Zommick
Seattle University Law Review
This Comment contends that the Ninth Circuit’s opinion in Pimentel v. Dreyfus employed a legal formalist approach and that by applying this framework, the court prevented legal immigrants, who were caught between the strict eligibility restrictions of welfare reform, from asserting their rights through the justice system. The legal formalist approach “treats the law as a set of scientific formulae or principles that are derived from the study of case law. These principles create an internal analytical framework which, when applied to a set of facts, leads the decision maker, through logical deduction, to the correct outcome in a case.” …
Official, National, Common Or Unifying: Do Words Giving Legal Status To Language Diminish Linguistic Human Rights?, Paul C. Hale
Official, National, Common Or Unifying: Do Words Giving Legal Status To Language Diminish Linguistic Human Rights?, Paul C. Hale
Georgia Journal of International & Comparative Law
No abstract provided.
A Comparative Analysis Of Unconscious And Institutional Discrimination In The United States And Britain, Leland Ware
A Comparative Analysis Of Unconscious And Institutional Discrimination In The United States And Britain, Leland Ware
Georgia Journal of International & Comparative Law
No abstract provided.
Abortion Rights, Michael C. Dorf
Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole
Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole
Touro Law Review
Analogous to the Dreyfus affair, America's reaction to the events of September 11, 2001, subverted the rule of law to impose penalties on those it viewed as a threat. There are lessons to be learned from both the Dreyfus affair and America's reaction to September 11, 2001.
Substance And Method In The Year 2000, Akhil Reed Amar
Substance And Method In The Year 2000, Akhil Reed Amar
Pepperdine Law Review
No abstract provided.
America And The World: Human Rights At Home And Abroad., Joe W. (Chip) Pitts Iii
America And The World: Human Rights At Home And Abroad., Joe W. (Chip) Pitts Iii
The Scholar: St. Mary's Law Review on Race and Social Justice
Multiple provisions in the Bill of Rights appear gutted around the last year. While abroad, Mr. Pitts received an outside perspective on American news which provided him with a new outlook on current events. The United Nations Social Forum brought voices into the United Nations which are not typically heard, such as poor and vulnerable populations not represented elsewhere. Concurrently, the Johannesburg Summit addressed similar issues. However, as of late, the American government suppresses the voices of the American people. The Patriot Act includes provisions which deter dissent, freedom of speech, and assembly. This Act also purported to give the …
Administrative Detention In Israel And The Occupied Territories, Richard Gladstein
Administrative Detention In Israel And The Occupied Territories, Richard Gladstein
Antioch Law Journal
Administrative detention in any form curtails civil liberties. Yet the vast majority of countries use administrative detention in times of perceived national emergency.' In an enduring state of crisis, Israel has enacted an administrative detention statute designed to safeguard the security of the state and the due process rights of detainees. This comment will examine preventive detention in Israel and the occupied territories in the context of Israeli and international law.2Administrative detention refers to the confinement of individuals by the executive branch of government for imperative security reasons.3 Such detention frequently involves more flexible rules of procedure, evidence, conviction, and …