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Articles 1 - 30 of 47
Full-Text Articles in Law
Government Corruption And The Right Of Access To Courts, Una A. Kim
Government Corruption And The Right Of Access To Courts, Una A. Kim
Michigan Law Review
This Note addresses the question left unanswered in Harbury: whether these denial of access-to-courts cases, which Justice Souter termed "backward-looking" access claims, are valid exercises of a constitutional right. Backward-looking access claims such as Harbury's differ from traditional denial of access-to-courts claims in that their aim is not to remove impediments to bringing causes of action in the future. Rather, backward-looking access claims allege that a suit that could have been filed in the past was not brought or was not litigated effectively, because access to the courts was at that time denied or obstructed by government officials. …
Brown And The Desegregation Of Virginia Law Schools, Carl W. Tobias
Brown And The Desegregation Of Virginia Law Schools, Carl W. Tobias
University of Richmond Law Review
No abstract provided.
The Promise Of Equality: Reflections On The Post-Brown Era In Virginia, Robert R. Mehrige Jr.
The Promise Of Equality: Reflections On The Post-Brown Era In Virginia, Robert R. Mehrige Jr.
University of Richmond Law Review
No abstract provided.
A Call To Leadership: The Future Of Race Relations In Virginia, Rodney A. Smolla
A Call To Leadership: The Future Of Race Relations In Virginia, Rodney A. Smolla
University of Richmond Law Review
No abstract provided.
Virginia's Next Challenge: Economic And Educational Opportunity, Mark R. Warner
Virginia's Next Challenge: Economic And Educational Opportunity, Mark R. Warner
University of Richmond Law Review
No abstract provided.
Environmental Law, Benjamin A. Thorp Iv, William K. Taggart
Environmental Law, Benjamin A. Thorp Iv, William K. Taggart
University of Richmond Law Review
No abstract provided.
Scrupulous In Applying The Law: Justice Ruth Bader Ginsburg And Capital Punishment, Sidney Harring, Jeffrey L. Kirchmeier
Scrupulous In Applying The Law: Justice Ruth Bader Ginsburg And Capital Punishment, Sidney Harring, Jeffrey L. Kirchmeier
City University of New York Law Review
No abstract provided.
Real Differences And Stereotypes - Two Visions Of Gender, Citizenship, And International Law, M. Isabel Medina
Real Differences And Stereotypes - Two Visions Of Gender, Citizenship, And International Law, M. Isabel Medina
City University of New York Law Review
No abstract provided.
Returning The Language Of Fairness To Equal Protection: Justice Ruth Bader Ginsburg's Affirmative Action Jurisprudence In Grutter And Gratz And Beyond Celebrating The Jurisprudence Of Justice Ruth Bader Ginsburg, Shira Galinsky
City University of New York Law Review
No abstract provided.
Twin Pillars Of Judicial Philosophy: The Impact Of The Ginsburg Collegiality And Gender Discrimination Principles On Her Separate Opinions Involving Gender Discrimination, Rebecca L. Barnhart, Deborah Zalesne
Twin Pillars Of Judicial Philosophy: The Impact Of The Ginsburg Collegiality And Gender Discrimination Principles On Her Separate Opinions Involving Gender Discrimination, Rebecca L. Barnhart, Deborah Zalesne
City University of New York Law Review
No abstract provided.
Introduction: Learning To Listen To Ruth Bader Ginsburg, Linda Greenhouse
Introduction: Learning To Listen To Ruth Bader Ginsburg, Linda Greenhouse
City University of New York Law Review
No abstract provided.
Ruth Bader Ginsburg: An Annotated Bibliography, Sarah E. Valentine
Ruth Bader Ginsburg: An Annotated Bibliography, Sarah E. Valentine
City University of New York Law Review
No abstract provided.
Remarks Of Ruth Bader Ginsburg, March 11, 2004, Cuny School Of Law, Ruth Bader Ginsburg
Remarks Of Ruth Bader Ginsburg, March 11, 2004, Cuny School Of Law, Ruth Bader Ginsburg
City University of New York Law Review
No abstract provided.
The New Frontier Of Federal Indian Law: The United States Supreme Court's Active Divestiture Of Tribal Sovereignty, E. Andrew Long
The New Frontier Of Federal Indian Law: The United States Supreme Court's Active Divestiture Of Tribal Sovereignty, E. Andrew Long
Buffalo Public Interest Law Journal
No abstract provided.
Lawrence V. Texas And Judicial Hubris, Nelson Lund, John O. Mcginnis
Lawrence V. Texas And Judicial Hubris, Nelson Lund, John O. Mcginnis
Michigan Law Review
The republic will no doubt survive the Supreme Court's decision, in Lawrence v. Texas, to invalidate laws against private, consensual sodomy, including those limited to homosexual behavior. Such laws are almost never enforced, and the rare prosecutions for such acts are necessarily capricious. So the principal direct effect of the Court's decision is likely to be extremely limited, and largely salutary: a few individuals will be spared the bad luck of getting a criminal conviction for violating laws that are manifestly out of step with prevailing sexual mores. Nor are we likely to see anything like the intense political …
Sexual Orientation And The Paradox Of Heightened Scrutiny, Nan D. Hunter
Sexual Orientation And The Paradox Of Heightened Scrutiny, Nan D. Hunter
Michigan Law Review
In Lawrence v. Texas, the Supreme Court performed a double move, creating a dramatic discursive moment: it both decriminalized consensual homosexual relations between adults, and, simultaneously, authorized a new regime of heightened regulation of homosexuality. How that happened and what we can expect next are the subjects of this essay. The obvious point of departure for an analysis of Lawrence is its decriminalization of much sexual conduct. Justice Scalia began this project with his dire warning that "[s]tate laws against bigamy, samesex marriage, adult incest, prostitution, masturbation, adultery, fornication, bestiality, and obscenity are . . . sustainable only in …
Foreword: Loving Lawrence, Pamela S. Karlan
Foreword: Loving Lawrence, Pamela S. Karlan
Michigan Law Review
Two interracial couples. Two cases. Two clauses. In Loving v. Virginia, the Supreme Court struck down a Virginia statute outlawing interracial marriage. In Lawrence v. Texas, the Court struck down a Texas statute outlawing sexual activity between same-sex individuals. Each case raised challenges under both the Equal Protection Clause and the Due Process Clause of the Fourteenth Amendment.
The Unknown Past Of Lawrence V. Texas, Dale Carpenter
The Unknown Past Of Lawrence V. Texas, Dale Carpenter
Michigan Law Review
On the night of September 17, 1998, someone called the police to report that a man was going crazy with a gun inside a Houston apartment. When Harris County sheriff's deputies entered the apartment they found no person with a gun but did witness John Lawrence and Tyron Gamer having anal sex. This violated the Texas Homosexual Conduct law, and the deputies hauled them off to jail for the night. Lawyers took the men's case to the Supreme Court and won a huge victory for gay rights. So goes the legend of Lawrence v. Texas. Do not believe it. …
Surviving Lawrence V. Texas, Marc Spindelman
Surviving Lawrence V. Texas, Marc Spindelman
Michigan Law Review
The lesbian and gay communities have reacted to the Supreme Court's decision in Lawrence v. Texas - striking down state sodomy laws on Due Process grounds - with unbridled enthusiasm. Lawrence has variously been praised as an unmitigated victory for lesbian and gay rights, a turning point in our community's history, and the moment when we have gone from second-class political outcasts to constitutional persons with first-class rights. Obviously, something remarkable happened in Lawrence. In an opinion written by Justice Anthony Kennedy, the Court declared that John Geddes Lawrence and Tyrone Gamer, who had been convicted under Texas's sodomy …
Are Single-Sex Schools Inherently Unequal?, Michael Heise
Are Single-Sex Schools Inherently Unequal?, Michael Heise
Michigan Law Review
In chess, a "fork" occurs when a player, in a single move, attacks two or more of an opponent's pieces simultaneously, forcing a necessary choice between unappealing outcomes. Similar to the potentially devastating chess move, single-sex public schooling forks many constitutionalists and feminists. Constitutionalists are forced to reexamine the "separate but equal" doctrine's efficacy, this time through the prism of gender. Although the doctrine - forged in the crucible of race and overcome in the monumental triumph we know as Brown v. Board of Education - rested dormant for generations, persistent (and increasing) single-sex education options are forcing scholars to …
Euthanasia In America - Past, Present, And Future: A Review Of A Merciful End And Forced Exit, Edward J. Larson
Euthanasia In America - Past, Present, And Future: A Review Of A Merciful End And Forced Exit, Edward J. Larson
Michigan Law Review
Nearly 170 years ago, in the classic first volume of his Democracy in America, Alexis de Tocqueville observed, "Scarcely any political question arises in the United States that is not resolved, sooner or later, into a judicial question." De Tocqueville viewed this as a peculiarly U.S. development. He attributed it to the authority of the judiciary in the United States to review governmental enactments and establish individual rights based on judicial interpretation of the federal and state constitution. "Whenever a law that the judge holds to be unconstitutional is invoked in a tribunal of the United States, he may …
The Media At The Tip Of The Spear, Kevin A. Smith
The Media At The Tip Of The Spear, Kevin A. Smith
Michigan Law Review
Due largely to the first widespread availability of the telegraph, through which breaking stories could be transmitted to the presses in moments, the debut of the American war correspondent occurred during the Civil War. From their beginning, American war correspondents have frequently "embedded" with the troops on whom they reported. General Grant, for example, allowed his favorite New York Herald reporter to travel with his entourage, and even used him as a personal messenger. Reporters proved an important component of the war effort for both the North and the South. Papers on both sides proved willing providers of propaganda to …
The Rehnquist Revolution, Erwin Chemerinsky
The Rehnquist Revolution, Erwin Chemerinsky
The University of New Hampshire Law Review
[Excerpt] "When historians look back at the Rehnquist Court, without a doubt they will say that its greatest changes in constitutional law were in the area of federalism. Over the past decade, and particularly over the last five years, the Supreme Court has dramatically limited the scope of Congress’ powers and has greatly expanded the protection of state Sovereign Immunity. Virtually every area of law, criminal and civil, is touched by these changes. Since I began teaching constitutional law in 1980, the most significant differences in constitutional law are a result of the Supreme Court’s revival of federalism as a …
Preface, Jaime L. Henshaw
Does History Defeat Standing Doctrine?, Ann Woolhandler, Caleb Nelson
Does History Defeat Standing Doctrine?, Ann Woolhandler, Caleb Nelson
Michigan Law Review
According to the Supreme Court, the Federal Constitution limits not only the types of matters that federal courts can adjudicate, but also the parties who can bring those matters before them. In particular, the Court has held that private citizens who have suffered no concrete private injury lack standing to ask federal courts to redress diffuse harms to the public at large. When such harms are justiciable at all, the proper party plaintiff is the public itself, represented by an authorized officer of the government. Although the Court claims historical support for these ideas, academic critics insist that the law …
Of Federalism, Human Rights, And The Holland Caveat: Congressional Power To Iplement Treaties, Ana Maria Merico-Stephens
Of Federalism, Human Rights, And The Holland Caveat: Congressional Power To Iplement Treaties, Ana Maria Merico-Stephens
Michigan Journal of International Law
This Article explores whether the Rehnquist Court's federalism doctrine, as elaborated during this last decade, should or ought to extend to the domestication of discrete provisions of ratified human rights treaties. It explores this question by examining the International Covenant on Civil and Political Rights (Covenant) and by considering the civil remedy provision of Violence Against Women Act (VAWA) as potential implementing legislation for the equality provisions of the Covenant. In the context of this inquiry, the discussion engages federalism, as developed by the current Court, on its own terms. That is, I do not seek here to defend it …
Colonizing The Last Frontier, David J. Bloch
Colonizing The Last Frontier, David J. Bloch
American Indian Law Review
In Aboriginal Rights and Judicial Wrongs: The Colonization of the Last Frontier, I examine a recent sea-change in federal Indian law that has escaped the notice of scholars. In the light of the divestiture of tribal sovereignty characterizing recent Supreme Court decisions, my article interrogates a contemporary case that rejects the property principle underlying all of federal Indian law itself in favor of a conception of aboriginal title never before countenanced in the United States and long discredited elsewhere. My analysis argues that this new conception traduces 175 years of American precedent and violates international law. I also contend that …
Supreme Court To Decide Jurisdiction Over Guantanamo Detainees, John Anderson
Supreme Court To Decide Jurisdiction Over Guantanamo Detainees, John Anderson
Public Interest Law Reporter
No abstract provided.
Investigating New York’S Son Of Sam Law: Problems With The Recent Extension Of Tort Liability For People Convicted Of Crimes, Jessica Yager
Investigating New York’S Son Of Sam Law: Problems With The Recent Extension Of Tort Liability For People Convicted Of Crimes, Jessica Yager
NYLS Law Review
No abstract provided.