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Full-Text Articles in Law
A Judicial Blow For "Jane Crowism" At The Citadel In Faulkner V. Jones, Sara L. Mandelbaum
A Judicial Blow For "Jane Crowism" At The Citadel In Faulkner V. Jones, Sara L. Mandelbaum
Northern Illinois University Law Review
The Citadel, the military college of South Carolina, and the Virginia Military Institute, two bastions of male privilege in the South, are fighting to keep women out with vengeance reminiscent of the era of massive resistance. This article, a portion of a longer article in progress, delineates the major constitutional questions raised by these cases from the point of view of counsel to Shannon Faulkner, the young woman who sued for admission to The Citadel. As one federal judge has recognized, these cases are not so much about education as about "wealth, power, and the ability of those who have …
The Illinois Parentage Act: Constitutional?, Stephen A. Stobbs
The Illinois Parentage Act: Constitutional?, Stephen A. Stobbs
Northern Illinois University Law Review
In Illinois, a putative father's relationship with his child can be arbitrarily terminated by the State. A man who fathers a child and abandons both the mother and child is subject to court termination of his parental rights. However, the same person can actively care for and participate in every way with his child's rearing, and still be subject to court termination of his relationship. In essence, the rule in Illinois is that a father's parental rights are not dependent on the relationship he has with his child, but rather, on a law which ignores the nature of their relationship. …
Private Accountability And The Fourteenth Amendment; State Action, Federalism And Congress, Alan R. Madry
Private Accountability And The Fourteenth Amendment; State Action, Federalism And Congress, Alan R. Madry
Missouri Law Review
In this essay, I hope to expand the foundation of that conclusion and further explore its implications for private accountability and the duties of the Court, Congress and state lawmakers. Part I extends the discussion from state responsibility to private accountability. It first examines the paradoxes implicit in the Courts doctrine of private accountability. Among the forces that have shaped the present doctrine of private accountability, and motivated the scholarly debate, is the palpable need to protect the fundamental interests of people against invasion by powerful private initiatives.
State Constitutional Protection Of Children With Aids And The Right To A Public Education, Jeffrey M. Croasdell
State Constitutional Protection Of Children With Aids And The Right To A Public Education, Jeffrey M. Croasdell
Cleveland State Law Review
The purpose of this article is to examine the problem that the American public school system is facing with respect to children with AIDS. In addition, this paper will examine how the courts are analyzing this issue and show why the current trend of analysis is weaker than it should be. Finally, this paper will look at how state constitutions are more frequently being used to protect individual rights and how the state constitutions could be used to protect the right of children with AIDS to free public education.
The Fifty-Seventh Cleveland-Marshall Lecture: The Bill Of Rights And Our Posterity, Akhil Reed Amar
The Fifty-Seventh Cleveland-Marshall Lecture: The Bill Of Rights And Our Posterity, Akhil Reed Amar
Cleveland State Law Review
Inspired by our constitutional forebears, and conscious of my responsibilities to our constitutional posterity, I took pen in hand two summers ago to write a series of short essays on our Bill of Rights and the Fourteenth Amendment. These essays were written for public high school students, as part of an interactive multimedia project on the Bill of Rights, designed by IBM and various consultants. My task was a daunting one: to make our Bill of Rights and Fourteenth Amendment alive and real for youngsters-to teach the "Blessings of Liberty" to "our posterity," and to invite them into the ongoing …
Enhanced Punishment Under The Texas Hate Crimes Act: Politics, Panacea, Or Pathway To Hell., David Todd Smith
Enhanced Punishment Under The Texas Hate Crimes Act: Politics, Panacea, Or Pathway To Hell., David Todd Smith
St. Mary's Law Journal
Nearly without exception, modern legislatures have responded to the reprehensible nature and detrimental social effects of hate crime by enacting laws specifically designed to punish the offender’s discriminatory animus. The term “hate crime” describes criminal conduct which is motivated by the offender’s bias or prejudice against another cognizable group. Although the reprehensible nature of a hate crime is often apparent from the facts of any given case, the repercussions of these offenses exceed the ignoble character of any one specific act. Texas has now joined the ranks of these jurisdictions by adopting legal provisions which authorize heightened penalties upon a …
The Fifty-Seventh Cleveland-Marshall Lecture: The Bill Of Rights And Our Posterity, Akhil Reed Amar
The Fifty-Seventh Cleveland-Marshall Lecture: The Bill Of Rights And Our Posterity, Akhil Reed Amar
Cleveland State Law Review
Inspired by our constitutional forebears, and conscious of my responsibilities to our constitutional posterity, I took pen in hand two summers ago to write a series of short essays on our Bill of Rights and the Fourteenth Amendment. These essays were written for public high school students, as part of an interactive multimedia project on the Bill of Rights, designed by IBM and various consultants. My task was a daunting one: to make our Bill of Rights and Fourteenth Amendment alive and real for youngsters-to teach the "Blessings of Liberty" to "our posterity," and to invite them into the ongoing …