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Persons Who Are Not The People: The Changing Rights Of Immigrants In The United States, Geoffrey Heeren
Persons Who Are Not The People: The Changing Rights Of Immigrants In The United States, Geoffrey Heeren
Law Faculty Publications
Non-citizens have fared best in recent Supreme Court cases by piggybacking on federal rights when the actions of states are at issue, or by criticizing agency rationality when federal action is at issue. These two themes-federalism and agency skepticism-have proven in recent years to be more effective litigation frameworks than some individual rights-based theories like equal protection. This marks a substantial shift from the Burger Court era, when similar cases were more likely to be litigated and won on equal protection than on preemption or Administrative Procedure Act theories. This Article describes this shift, considers the reasons for it, and …
The Supreme Court As The Major Barrier To Racial Equality, Ivan E. Bodensteiner
The Supreme Court As The Major Barrier To Racial Equality, Ivan E. Bodensteiner
Law Faculty Publications
This Article suggests that the U.S. Supreme Court, through its decisions in cases alleging race discrimination, stands as a major barrier to racial equality in the United States. There are several aspects of its decisions that lead to this result. Between 1868 and 1954, the Equal Protection Clause of the Fourteenth Amendment, while it had been interpreted to strike down a few blatant forms of de jure discrimination, allowed government to separate the races based on the “separate but equal” fiction. Beginning in 1954, Brown and a series of subsequent decisions attacked this fiction, and for a period of nearly …
The Constitutional Future Of Race-Neutral Efforts To Promote Diversity And Avoid Racial Isolation In Our Elementary And Secondary Schools, Kimberly J. Robinson
The Constitutional Future Of Race-Neutral Efforts To Promote Diversity And Avoid Racial Isolation In Our Elementary And Secondary Schools, Kimberly J. Robinson
Law Faculty Publications
In 2007, the U.S. Supreme Court ruled in Parents Involved in Community Schools v. Seattle School District No. 1 that the racial classifications used by school districts in Seattle and Louisville to create diverse schools were unconstitutional. Justice Kennedy provided the deciding vote but also noted that school districts could pursue diversity and avoid racial isolation through race-neutral alternatives. He asserted that it was unlikely that race-neutral alternatives would be subject to strict scrutiny but articulated no rationale for this assertion. This Article argues that, after Parents Involved, school districts will focus on race-neutral efforts to create diverse schools …
Equal Protection And The Procedural Bar Doctrine In Federal Habeas Corpus, Laura Gaston Dooley
Equal Protection And The Procedural Bar Doctrine In Federal Habeas Corpus, Laura Gaston Dooley
Law Faculty Publications
No abstract provided.