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Articles 1 - 8 of 8
Full-Text Articles in Law
Interpreting The Fourteenth Amendment: Two Don'ts And Three Dos, Garrett Epps
Interpreting The Fourteenth Amendment: Two Don'ts And Three Dos, Garrett Epps
William & Mary Bill of Rights Journal
A sophisticated reading of the legislative record of the framing of the Fourteenth Amendment can provide courts and scholars with some general interpretive principles to guide their application of the Amendment to current legal problems. The author argues that two common legal conceptions about the Amendment are, in fact, misconceptions. The first is that the Amendment was chiefly concerned with the immediate situation of freed slaves in the former slave states. Instead, he argues, the legislative record suggests that the framers were broadly concerned with the rights not only of freed slaves but also of foreign-born immigrants in the North …
Bias On The Bench: Raising The Bar For U.S. Immigration Judges To Ensure Equality For Asylum Seekers, Lindsey R. Vaala
Bias On The Bench: Raising The Bar For U.S. Immigration Judges To Ensure Equality For Asylum Seekers, Lindsey R. Vaala
William & Mary Law Review
No abstract provided.
The Role Of Governmental Purpose In Constitutional Judicial Review, Calvin Massey
The Role Of Governmental Purpose In Constitutional Judicial Review, Calvin Massey
South Carolina Law Review
No abstract provided.
Envisioning The Constitution, Thomas P. Crocker
Envisioning The Constitution, Thomas P. Crocker
Faculty Publications
If one of the more persistent problems of constitutional interpretation, particularly of the Bill of Rights, is that we lack a clear view of it, then it would appear that how we see the Constitution is as important as how we read it. What clauses we see as connected in order to form comprehensive values, such as federalism or rights protections, are not so much products of constitutional interpretation as constitutional vision. To obtain a view of the Constitution, we have to do more than derive semantic meaning from diverse articles and clauses. To have a vision of the Constitution …
Envisioning The Constitution , Thomas P. Crocker
Envisioning The Constitution , Thomas P. Crocker
American University Law Review
If one of the more persistent problems of constitutional interpretation, particularly of the Bill of Rights, is that we lack a clear view of it, then it would appear that how we see the Constitution is as important as how we read it. What clauses we see as connected in order to form comprehensive values, such as federalism or rights protections, are not so much products of constitutional interpretation as constitutional vision. To obtain a view of the Constitution, we have to do more than derive semantic meaning from diverse articles and clauses. To have a vision of the Constitution …
"Fire Where There Is No Flame:" The Constitutionality Of Single-Sex Classrooms In The Commonwealth, Frances Elizabeth Burgin
"Fire Where There Is No Flame:" The Constitutionality Of Single-Sex Classrooms In The Commonwealth, Frances Elizabeth Burgin
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
When 2 Or 3 Come Together, Tracey L. Meares, Kelsi Brown Corkan
When 2 Or 3 Come Together, Tracey L. Meares, Kelsi Brown Corkan
William & Mary Law Review
This Article investigates policies that are responsive to crime in disadvantaged, urban neighborhoods from a community-based context. The vehicle is an analysis of a community-wide prayer vigil held in Chicago in May of 1997. The vigil resulted from a collaboration between the Chicago Police Department and hundreds of mostly African-American churches on Chicago's West Side. Strikingly, the local police district's commander facilitated the vigil. The Article explains the sociological and political significance of this collaboration by drawing on the "Chicago School" of urban sociology, and demonstrating theoretically and empirically the potential for collaboration, through the integration of key community institutions, …
Gender Curve: An Analysis Of Colleges' Use Of Affirmative Action Policies To Benefit Male Applicants, Debra Franzese
Gender Curve: An Analysis Of Colleges' Use Of Affirmative Action Policies To Benefit Male Applicants, Debra Franzese
American University Law Review
This comment evaluates the constitutionality of affirmative action policies that benefit male students. Part I sets out background information about potential causes of action and remedies for female students who challenge affirmative action policies that benefit male students. Section A discusses the Equal Protection Clause of the Fourteenth Amendment and the development of the law regarding universities’ use of racial affirmative action policies. Section B discusses potential remedies under Title IX of the Education Amendments of 1972 (“Title IX”) and the similarity between Title IX and Title VI of the Civil Rights Act (“Title VI”). Section C discusses state remedies …