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Full-Text Articles in Law

Lynching And The Law In Georgia Circa 1931: A Chapter In The Legal Career Of Judge Elbert Tuttle, Anne S. Emanuel Dec 1996

Lynching And The Law In Georgia Circa 1931: A Chapter In The Legal Career Of Judge Elbert Tuttle, Anne S. Emanuel

William & Mary Bill of Rights Journal

Elbert Parr Tuttle joined the federal bench in 1954, shortly after the Supreme Court decided Brown v. Board of Education. In 1960, he became the Chief Judge of the United States Court of Appeals for the Fifth Circuit, the court with jurisdiction over most of the deep south. As Chief Judge, he forged a jurisprudence that proved effective in overcoming the intransigence and outright rebellion of those who had long denied fundamental constitutional rights to African Americans.

This Essay traces an episode that occurred in 1931, when Tuttle spearheaded an effort to obtain a fair trial for John Downer, a …


Section 5: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School Oct 1996

Section 5: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 6: Voting Rights, Institute Of Bill Of Rights Law, William & Mary Law School Oct 1996

Section 6: Voting Rights, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Bakke To The Wall: The Crisis Of Bakkean Diversity, Gabriel J. Chin May 1996

Bakke To The Wall: The Crisis Of Bakkean Diversity, Gabriel J. Chin

William & Mary Bill of Rights Journal

In the years since the United States Supreme Court's affirmative action holding in Board of Regents v. Bakke, many educational institutions have struggled to apply Bakke's doctrine to their admissions policymaking. Professor Chin asserts that Bakke is incoherent because it does not explain whether the diversity it tries to foster is cultural or racial. Furthermore, he argues that neither a racial nor a cultural basis works under the Bakke scheme, leading to the difficulties schools confront in framing an affirmative action program.

Focusing on law school admissions policies, Professor Chin argues that because of Bakke's weakness as law, it is …


Separate But Equal Revisited, Kathryn R. Urbonya Feb 1996

Separate But Equal Revisited, Kathryn R. Urbonya

Popular Media

No abstract provided.


Adarand Constructors, Inc. V. Pena And The Continuing Irrelevance Of Supreme Court Affirmative Action Decisions, Neal Devins Feb 1996

Adarand Constructors, Inc. V. Pena And The Continuing Irrelevance Of Supreme Court Affirmative Action Decisions, Neal Devins

William & Mary Law Review

No abstract provided.


The Ghosts Of Homer Plessy, Rodney A. Smolla Jan 1996

The Ghosts Of Homer Plessy, Rodney A. Smolla

Faculty Publications

No abstract provided.


The Business Necessity Defense In Disparate Impact Discrimination Cases, Susan Grover Jan 1996

The Business Necessity Defense In Disparate Impact Discrimination Cases, Susan Grover

Faculty Publications

No abstract provided.