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Chisom V. Roemer: Where Do We Go From Here?, Randolph M. Mclaughlin
Chisom V. Roemer: Where Do We Go From Here?, Randolph M. Mclaughlin
Elisabeth Haub School of Law Faculty Publications
In Chisom and Houston Lawyers' Association, the Court declined to address two substantive issues critical for pending and future litigation challenging the at-large election of state judges. The Court expressly stated that it would not decide the elements that must be proved to establish a violation of section 2 or the remedy that would be appropriate for a violation proven in the context of a judicial election. Part II will discuss the Chisom and Houston Lawyers' Association decisions. Analysis of these decisions, combined with a review of the legislative history, supports the Court's view of the amended section 2. In …
Bray V. Alexandria Women's Health Clinic: The Supreme Court's Next Opportunity To Unsettle Civil Rights Law, Randolph M. Mclaughlin
Bray V. Alexandria Women's Health Clinic: The Supreme Court's Next Opportunity To Unsettle Civil Rights Law, Randolph M. Mclaughlin
Elisabeth Haub School of Law Faculty Publications
The legislative history of the Ku Klux Klan Act of 1871 is scrutinized to determine the factual predicate that led to the enactment of 42 U.S.C. § 1985(3) and the classes Congress sought to protect under its provisions. The legislative history is also analyzed to determine which rights Congress sought to protect in § 1985(3). Part III discusses the Supreme Court's misinterpretation of the statute and attempts to provide guidance as to the proper outcome in Bray.