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Articles 1 - 12 of 12
Full-Text Articles in Law
The Supreme Court's Land Use Decisions (Symposium - The Supreme Court And Local Government Law, 1993-94 Term), Leon D. Lazer
The Supreme Court's Land Use Decisions (Symposium - The Supreme Court And Local Government Law, 1993-94 Term), Leon D. Lazer
Scholarly Works
No abstract provided.
Race Separatism In The Family: More On The Transracial Adoption Debate, Elizabeth Bartholet
Race Separatism In The Family: More On The Transracial Adoption Debate, Elizabeth Bartholet
Duke Journal of Gender Law & Policy
Some twenty-five years ago a trial court in Virginia upheld the state ban on interracial marriage, reasoning that God created different races and, accordingly, that it was natural to maintain racial purity, and unnatural to engage in racial mixing. 1 At that time, many other state laws banned both interracial marriage and transracial adoption. In Loving v. Virginia, 2 the United States Supreme Court struck down the Virginia antimiscegenation law, reversing the trial court's decision and holding that it was unconstitutional for states to mandate racial separatism in the family. Later, in Palmore v. Sidoti, 3 the Court ruled that …
Redefining The Transracial Adoption Controversy, Ruth-Arlene W. Howe
Redefining The Transracial Adoption Controversy, Ruth-Arlene W. Howe
Duke Journal of Gender Law & Policy
I. Introduction Transracial adoption is a sensitive topic, evoking acrimonious debate "between those who view transracial placements as positive for both the children and society as a whole and those who view them as injurious to Black children and Black communities." 1 Efforts to declare race-matching preference policies or statutory schemes unconstitutional are intensifying. 2 Some legal writers assert that such a prohibition is needed in order to avoid or minimize harm to Black 3 youngsters in the foster care system. 4 In a re cent law review article analyzing the same-race statutory preference schemes of three states, the commentator …
Section 1983 Litigation, Martin A. Schwartz
The Supreme Court's Land Use Decisions, Hon. Leon D. Lazer
The Supreme Court's Land Use Decisions, Hon. Leon D. Lazer
Touro Law Review
No abstract provided.
New York's Son Of Sam Law: Alive And Well Today, Steven P. Vargas
New York's Son Of Sam Law: Alive And Well Today, Steven P. Vargas
Touro Law Review
No abstract provided.
The Pale Impact Of Recent Case Law On The Ascendancy Of The Voting Rights Act, Frank N. Schellace
The Pale Impact Of Recent Case Law On The Ascendancy Of The Voting Rights Act, Frank N. Schellace
Touro Law Review
No abstract provided.
Taking Liberties With The First Amendment: Congress, Section 5, And The Religious Freedom Restoration Act, Jay S. Bybee
Taking Liberties With The First Amendment: Congress, Section 5, And The Religious Freedom Restoration Act, Jay S. Bybee
Scholarly Works
In 1993 Congress enacted the Religious Freedom Restoration Act (“RFRA”), which provided that government, including the United States and the states, “shall not substantially burden a person's exercise of religion even if the burden results from a rule of general applicability” except where the government can demonstrate that the burden furthers “a compelling governmental interest” and is “the least restrictive means of furthering that interest.”
Unfortunately, whatever consistency RFRA might bring to the substance of church-state relations comes at the expense of clarity in federal-state relations. This is unfortunate because the First Amendment does not address church-state relations; it concerns …