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Articles 1 - 27 of 27
Full-Text Articles in Law
The Black Fourth Amendment, Charisma Hunter
The Black Fourth Amendment, Charisma Hunter
Washington and Lee Law Review Online
Policing Black bodies serves at the forefront of the American policing system. Black bodies are subject to everlasting surveillance through institutions and everyday occurrences. From relaxing in a Starbucks to exercising, Black bodies are deemed criminals, surveilled, profiled, and subjected to perpetual implicit bias when participating in mundane activities. Black people should have the same protections as white people and should possess the ability to engage in everyday, commonplace, and routine activities.
The Fourth Amendment was not drafted with the intention of protecting Black bodies. In fact, Black bodies were considered three-fifths of a person at the drafting of the …
The Antiracist Constitution, Brandon Hasbrouck
The Antiracist Constitution, Brandon Hasbrouck
Scholarly Articles
Our Constitution, as it is and as it has been interpreted by our courts, serves white supremacy. The twin projects of abolition and reconstruction remain incomplete, derailed first by openly hostile institutions, then by the subtler lie that a colorblind Constitution would bring about the end of racism. Yet, in its debut in Supreme Court jurisprudence, colorblind constitutionalism promised that facially discriminatory laws were unnecessary for the perpetuation of white supremacy. That promise has been fulfilled across nearly every field of law as modern white supremacists adopt insidious, facially neutral laws to ensure the oppression of Black people and other …
Eminent Domain And Unfettered Discretion: Lessons From A History Of U.S. Territorial Takings, Jill M. Fraley
Eminent Domain And Unfettered Discretion: Lessons From A History Of U.S. Territorial Takings, Jill M. Fraley
Scholarly Articles
Eminent domain is a minimal constitutional protection for private property and one that is subject to far more discretion than previously recognized by scholars. This Article traces a novel legal history of land takings within the U.S. Territories, focusing on some of the most egregious and controversial incidents and problematic patterns originating within eminent domain law. Comparing this history to recent research that demonstrates how takings in the States have disproportionately impacted Black communities, this Article articulates three patterns of injustices in takings echoing between Black mainland communities and indigenous communities in the Territories: large-scale federally funded actions, local government …
The Unconstitutional Police, Brandon Hasbrouck
The Unconstitutional Police, Brandon Hasbrouck
Scholarly Articles
Most Fourth Amendment cases arise under a basic fact pattern. Police decide to do something--say, stop and frisk a suspect. They find some crime--say, a gun or drugs--they arrest the suspect, and the suspect is subsequently charged with a crime. The suspect--who is all too often Black--becomes a defendant and challenges the police officers' initial decision as unconstitutional under the Fourth Amendment. The defendant seeks to suppress the evidence against them or perhaps to recover damages for serious injuries under 42 U.S.C. § 1983. The courts subsequently constitutionalize the police officers' initial decision with little or no scrutiny. Effectively, the …
Practical Abolition: Universal Representation As An Alternative To Immigration Detention, Matthew Boaz
Practical Abolition: Universal Representation As An Alternative To Immigration Detention, Matthew Boaz
Scholarly Articles
A federally funded universal representation program can serve as a practical first step toward the abolition of immigration detention and the other harsh enforcement mechanisms that are utilized today. While abolition is typically an ideology espoused by a small subsection of the general population, its purpose can be achieved through a less partisan and broader reaching ideal -- fiscal efficiency and responsibility. By demonstrating that the provision of counsel and other wrap around services is significantly less costly than immigration detention, while also showing that providing counsel and wrap around services is an extremely effective way to ensure compliance, this …
Flip It And Reverse It: Examining Reverse Gender Discrimination Claims Brought Under Title Ix, Courtney Joy Mcmullan
Flip It And Reverse It: Examining Reverse Gender Discrimination Claims Brought Under Title Ix, Courtney Joy Mcmullan
Washington and Lee Law Review
This Note begins in Part II by discussing the prevalence of campus sexual assault and the ways in which Title IX is used to address it on university campuses. Part III examines reverse Title IX claims by accused students, including the various causes of action and the pleading standards required. Part III also surveys the success of reverse Title IX claims using public pressure on universities to address sexual assault to support their allegations of gender discrimination. Part IV then evaluates the way summary judgment rules and burden-shifting frameworks affect the likelihood of success for reverse Title IX claims. Finally, …
The Right To Migrate: A Human Rights Response To Immigration Restrictionism In Argentina, David C. Baluarte
The Right To Migrate: A Human Rights Response To Immigration Restrictionism In Argentina, David C. Baluarte
Scholarly Articles
Within days of President Donald Trump’s 2017 Executive Orders on border security and immigration enforcement, President Mauricio Macri of Argentina issued a Decree to address what he declared was an urgent problem of immigrant criminality. The timing of the two Presidents’ actions triggered concerns that U.S.-style restrictionist immigration regulation was spreading to South America, a continent that has taken progressive steps towards recognizing the human rights of migrants in recent years. Until Macri’s 2017 Decree, Argentina was considered a leader in this regard, with its 2004 immigration law that boldly codified a “right to migrate” and included robust substantive and …
Virginia’S Interpretation Of Ake V. Oklahoma: A Hollow Right, Andrew Monaghan Higgins
Virginia’S Interpretation Of Ake V. Oklahoma: A Hollow Right, Andrew Monaghan Higgins
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Precedent And Preclusion, Alan M. Trammell
Precedent And Preclusion, Alan M. Trammell
Scholarly Articles
Preclusion rules prevent parties from revisiting matters that they have already litigated. A corollary of that principle is that preclusion usually does not apply to nonparties, who have not yet benefited from their own “day in court.” But precedent works the other way around. Binding precedent applies to litigants in a future case, even those who never had an opportunity to participate in the precedent-creating lawsuit. The doctrines once operated in distinct spheres, but today they often govern the same questions and apply under the same circumstances, yet to achieve opposite ends. Why, then, does due process promise someone a …
Can You Hear Me Now? The Reasonableness Of Sending Notice Through Text Messages And Its Potential Impact On Impoverished Communities, Caley Degroote
Can You Hear Me Now? The Reasonableness Of Sending Notice Through Text Messages And Its Potential Impact On Impoverished Communities, Caley Degroote
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
How Much Are You Worth?: A Statutory Alternative To The Unconstitutionality Of Experts’ Use Of Minority-Based Statistics, Anne M. Anderson
How Much Are You Worth?: A Statutory Alternative To The Unconstitutionality Of Experts’ Use Of Minority-Based Statistics, Anne M. Anderson
Washington and Lee Law Review Online
No abstract provided.
The Freedom To Pursue A Common Calling: Applying Intermediate Scrutiny To Occupational Licensing Statutes, Alexandra L. Klein
The Freedom To Pursue A Common Calling: Applying Intermediate Scrutiny To Occupational Licensing Statutes, Alexandra L. Klein
Washington and Lee Law Review
No abstract provided.
A Tale Of Two Cases, Paul J. Larkin Jr.
A Tale Of Two Cases, Paul J. Larkin Jr.
Washington and Lee Law Review
No abstract provided.
A Curious Call For More Judicial Activism: Comment On Alexandra Klein's "The Freedom To Pursue A Common Calling", Mark Rush
Washington and Lee Law Review
No abstract provided.
Genetics, Race And Substantive Due Process, Christian B. Sundquist
Genetics, Race And Substantive Due Process, Christian B. Sundquist
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Violating Due Process: The Case For Changing Texas State Trafficking Laws For Minors, Cristina M. Becker
Violating Due Process: The Case For Changing Texas State Trafficking Laws For Minors, Cristina M. Becker
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Future Of Discriminatory Local Ordinances Aimed At Regulating Illegal Immigration, John Ryan Syllaios
The Future Of Discriminatory Local Ordinances Aimed At Regulating Illegal Immigration, John Ryan Syllaios
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Unconstitutionality Of Mississippi's Employment Protection Act And A Framework For Assessing Similar State Immigration Employment Laws, Nicholas Neidzwski
The Unconstitutionality Of Mississippi's Employment Protection Act And A Framework For Assessing Similar State Immigration Employment Laws, Nicholas Neidzwski
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Repeal Of "Don't Ask, Don't Tell:" A Smooth Transition, Sharon E. Debbage Alexander, Kathi S. Westcott
Repeal Of "Don't Ask, Don't Tell:" A Smooth Transition, Sharon E. Debbage Alexander, Kathi S. Westcott
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Young, Illegal, And Unaccompanied: One Step Short Of Legal Protection, Raya Jarawan
Young, Illegal, And Unaccompanied: One Step Short Of Legal Protection, Raya Jarawan
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Executive's Scapegoat, The Court's Blind Eye? Immigrants' Rights After September 11, Hollis V. Pfitsch
The Executive's Scapegoat, The Court's Blind Eye? Immigrants' Rights After September 11, Hollis V. Pfitsch
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Courts, The Government, And Native Americans: The Politics And Jurisprudence Of Systematic Unfairness, Daniel T. Campbell
The Courts, The Government, And Native Americans: The Politics And Jurisprudence Of Systematic Unfairness, Daniel T. Campbell
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
A Disparity That Is Worlds Apart: The Federal Sentencing Guidelines Treatment Of Crack Cocaine And Powder Cocaine, Kimberley Mache Maxwell
A Disparity That Is Worlds Apart: The Federal Sentencing Guidelines Treatment Of Crack Cocaine And Powder Cocaine, Kimberley Mache Maxwell
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Pennsylvania V. Ritchie, Lewis F. Powell Jr.
Pennsylvania V. Ritchie, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Youngberg V. Romeo, Lewis F. Powell Jr.
Youngberg V. Romeo, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
The Roles Of Due Process And Full Faith And Credit In Choice Of Law, Frederic L. Kirgis
The Roles Of Due Process And Full Faith And Credit In Choice Of Law, Frederic L. Kirgis
Scholarly Articles
Not available.
Wolff V. Mcdonnell, Lewis F. Powell Jr.
Wolff V. Mcdonnell, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.