Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (116)
- Law and Society (96)
- Human Rights Law (59)
- Public Law and Legal Theory (37)
- Criminal Law (36)
-
- Criminal Procedure (35)
- Jurisprudence (33)
- Law and Politics (33)
- Legal History (33)
- International Law (29)
- Courts (25)
- Education Law (24)
- Labor and Employment Law (24)
- Legislation (24)
- Law and Gender (21)
- Sexuality and the Law (21)
- Social Welfare Law (20)
- Judges (19)
- Comparative and Foreign Law (17)
- Religion Law (17)
- Law and Economics (16)
- Family Law (15)
- Civil Law (14)
- Economics (14)
- Immigration Law (14)
- Litigation (14)
- Social and Behavioral Sciences (14)
- Legal Remedies (13)
- Publication Year
- Publication
- Publication Type
Articles 211 - 216 of 216
Full-Text Articles in Law
Canadian Fundamental Justice And American Due Process: Two Models For A Guarantee Of Basic Adjudicative Fairness, David M. Siegel
Canadian Fundamental Justice And American Due Process: Two Models For A Guarantee Of Basic Adjudicative Fairness, David M. Siegel
ExpressO
This paper traces how the Supreme Courts of Canada and the United States have each used the basic guarantee of adjudicative fairness in their respective constitutions to effect revolutions in their countries’ criminal justice systems, through two different jurisprudential models for this development. It identifies a relationship between two core constitutional structures, the basic guarantee and enumerated rights, and shows how this relationship can affect the degree to which entrenched constitutional rights actually protect individuals. It explains that the different models for the relationship between the basic guarantee and enumerated rights adopted in Canada and the United States, an “expansive …
In The Name Of National Security Or Insecurity?: The Potential Indefinite Detention Of Non-Citizen Certified Terrorists In The United States And The United Kingdom In The Aftermath Of September 11, 2001, Dana L. Keith
ExpressO
No abstract provided.
Lawrence And Same-Sex Marriage Bans: On Constitutional Interpretation And Sophistical Rhetoric, Mark Strasser
Lawrence And Same-Sex Marriage Bans: On Constitutional Interpretation And Sophistical Rhetoric, Mark Strasser
ExpressO
No abstract provided.
Affirmative Action: More Efficient Than Color Blindness, Abraham Lee Wickelgren
Affirmative Action: More Efficient Than Color Blindness, Abraham Lee Wickelgren
ExpressO
One of the most compelling reasons against affirmative action is the principle of color blindness, that is, the idea that race is an irrelevant characteristic that should not affect higher education admissions or hiring decisions. Despite its intuitive appeal, this paper shows that adherence to this principle impedes economic efficiency when there has been past discrimination based on color. Past discrimination creates inefficiencies in the economy that persist across generations. Because of this persistence, race is not an irrelevant characteristic for firms and universities looking to hire or admit the best candidates. Affirmative action, not color-blindness, is necessary to reduce …
Discrimination: The Law Vs. Morality, Walter E. Williams
Discrimination: The Law Vs. Morality, Walter E. Williams
ExpressO
Terminology in racial literature is such that various behaviors are confused with one another making for less than rigorous analysis of racial problems. For some writers prejudice is used in a fashion signifying distaste for a particular race; others use the term suggesting the use of racial stereotypes; yet others use the term as a substitute for discrimination. Similar confusion surrounds the term segregation. Writers frequently refer to school segregation, meaning that few blacks in attendance at a predominantly white school but the same writers would never apply the term to an opera performance with few or no blacks in …
The Secretary's Commission On Opportunity In Athletics Squandered Its Opportunity: Commercial College Sports And Why Title Ix Cannot Achieve Full Gender Equality Or Prevent The Elimination Of Minor Men's Teams, Suzanne Sangree
ExpressO
The Department of Education recently announced that it would not revise the regulations which apply Title IX to athletics, thus rejecting the recommendations of its Commission on Opportunity in Athletics. The Commission’s recommendations would have drastically undercut Title IX’s efficacy and established a Bush Administration model for turning civil rights protections on their heads. Fortunately, the Administration heeded the public critique of the Commission’s recommendations and retreated from its previously stated intention to implement them. Instead, it reiterated its support for the principles of gender equality embodied in Title IX. We thus narrowly averted a civil rights disaster. The great …