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2015

Equality

Articles 1 - 6 of 6

Full-Text Articles in Law

Nature And Human Equality, John Coons, Patrick Brennan Dec 2015

Nature And Human Equality, John Coons, Patrick Brennan

John Coons

No abstract provided.

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All Americans Not Equal: Mistrust And Discrimination Against Naturalized Citizens In The U.S., Alev Dudek Aug 2015

All Americans Not Equal: Mistrust And Discrimination Against Naturalized Citizens In The U.S., Alev Dudek

Alev Dudek

Approximately 13 percent of the U.S. population — nearly 40 million — is foreign-born, of which about 6 percent are naturalized U.S. citizens. Given the positive image associated with immigrants — the “nation of immigrants” or “the melting pot” — one would assume that all Americans in the U.S.A., natural born or naturalized, have equal worth as citizens. This, however, is not necessarily the case. Despite U.S. citizenship, naturalized Americans are seen less than equal to natural born Americans. They are often confused with “foreign nationals.” Moreover, their cultural belonging, allegiance, English-language skills, as well as other qualifications, are questioned.

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U.S. Police Officers Kill Primarily Because They Are Attacked, Not To Disrupt Crime, Alev Dudek Mar 2015

U.S. Police Officers Kill Primarily Because They Are Attacked, Not To Disrupt Crime, Alev Dudek

Alev Dudek

In spite of the steady decline in violent crimes, law enforcement in the U.S.A. is becoming significantly more violent. Compared to other developed countries, such as Germany or Great Britain, disproportionately more arrest-related deaths occur in the U.S. Additionally, in the treatment of suspects, a racial disparity is evident; disproportionately more black males get killed by white police officers. Political exploitation of “crime” and militarization of law enforcement are factors that contribute to the status-quo and may explain why most arrest-related killings by the police are not a result of attempting to disrupt crime, but in defense of attacks, perceived …

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Constitutional Borrowing, Robert Tsai Mar 2015

Constitutional Borrowing, Robert Tsai

Robert L. Tsai

Borrowing from one domain to promote ideas in another domain is a staple of constitutional decisionmaking. Precedents, arguments, concepts, tropes, and heuristics all can be carried across doctrinal boundaries for purposes of persuasion. Yet the practice itself remains underanalyzed. This Article seeks to bring greater theoretical attention to the matter. It defines what constitutional borrowing is and what it is not, presents a typology that describes its common forms, undertakes a principled defense of borrowing, and identifies some of the risks involved. The authors' examples draw particular attention to places where legal mechanisms and ideas migrate between fields of law …

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John Brown's Constitution, Robert Tsai Mar 2015

John Brown's Constitution, Robert Tsai

Robert L. Tsai

It will surprise many Americans to learn that before John Brown and his men briefly captured Harper’s Ferry, they authored and ratified a Provisional Constitution. This deliberative act built upon the achievements of the group to establish a Free Kansas, during which time Brown penned an analogue to the Declaration of Independence. These acts of writing, coupled with Brown’s trial tactics after his arrest, cast doubts on claims that the man was a lunatic or on a suicide mission. Instead, they suggest that John Brown aimed to be a radical statesman, one who turned to extreme tactics but nevertheless remained …

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Conjuring "Equal Dignity": Mapping The Constitutional Dialogue To And From Same-Sex Marriage, Julie Nice Dec 2014

Conjuring "Equal Dignity": Mapping The Constitutional Dialogue To And From Same-Sex Marriage, Julie Nice

Julie A. Nice

What a long, strange trip it’s been from Bowers v. Hardwick to Obergefell v. Hodges. Less than thirty years after the Supreme Court notoriously upheld the criminalization of same-sex sexuality, the Court now has declared that laws may not exclude gays and lesbians from marriage. How did the majority in Obergefell conjure this “equal dignity” for same-sex couples that they insist the Constitution requires? This essay analyzes the Court's approach by closely examining the majority and dissenting opinions and then providing a synthesis of trends reflected, rationales rejected, issues ignored, and opportunities opened. 

First, as to trends reflected, the majority …

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