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Articles 1 - 30 of 292
Full-Text Articles in Law
Barriers Beyond The Border: Addressing The Economic And Racial Disparities Created By Cbp One, Ann-Renee Rubia
Barriers Beyond The Border: Addressing The Economic And Racial Disparities Created By Cbp One, Ann-Renee Rubia
Refugee Law & Migration Studies Brief
CBP One is a mobile app that allows asylum seekers to schedule appointments for inspection before entering the United States ("U.S."). First, this paper will discuss the ethical issues posed by CBP One—specifically asylum seekers' unequal access to the app. Second, this paper will examine the equal protection implications posed by CBP One and the application of constitutional rights to noncitizens inside and outside the U.S. Next, it will address the ongoing litigation concerning the extension of constitutional rights to noncitizens arriving at the southern border. Lastly, it will discuss the incompatibility of CBP One with the Immigration and Nationality …
Abortion Access: A Strain On The Most Vulnerable Women In Texas Post-Dobbs, Aleea Costilla
Abortion Access: A Strain On The Most Vulnerable Women In Texas Post-Dobbs, Aleea Costilla
The Scholar: St. Mary's Law Review on Race and Social Justice
No abstract provided.
The Red Pill: Critical Race Theory, Ostrich Law, And The 14th Amendment Right To Free And Equal Thought And Dignity, Kindaka J. Sanders
The Red Pill: Critical Race Theory, Ostrich Law, And The 14th Amendment Right To Free And Equal Thought And Dignity, Kindaka J. Sanders
St. Mary's Law Journal
No abstract provided.
Same Crime, Different Time: Sentencing Disparities In The Deep South & A Path Forward Under The Fourteenth Amendment, Hailey M. Donovan
Same Crime, Different Time: Sentencing Disparities In The Deep South & A Path Forward Under The Fourteenth Amendment, Hailey M. Donovan
Seattle University Law Review
The United States has the highest incarceration rate of any country in the world. The American obsession with crime and punishment can be tracked over the last half-century, as the nation’s incarceration rate has risen astronomically. Since 1970, the number of incarcerated people in the United States has increased more than sevenfold to over 2.3 million, outpacing both crime and population growth considerably. While the rise itself is undoubtedly bleak, a more troubling truth lies just below the surface. Not all states contribute equally to American mass incarceration. Rather, states have vastly different incarceration rates. Unlike at the federal level, …
Religious Liberty, Discriminatory Intent, And The Conservative Constitution, Luke Boso
Religious Liberty, Discriminatory Intent, And The Conservative Constitution, Luke Boso
Utah Law Review
The Supreme Court shocked the world at the end of its 2021–22 term by issuing landmark decisions ending constitutional protection for abortion rights, expanding gun rights, and weakening what remained of the wall between church and state. One thread uniting these cases that captured the public’s attention is the rhetoric common of originalism—a backwards-looking theory of constitutional interpretation focused on founding-era meaning and intent. This Article identifies the discriminatory intent doctrine as another powerful tool the Court is using to protect the social norms and hierarchies of a bygone era, and to build a conservative Constitution.
Discriminatory intent rose to …
Advancing America’S Emblematic Right: Doctrinal Bases For The Fundamental Constitutional Right To Vote Per Se, Susan H. Bitensky
Advancing America’S Emblematic Right: Doctrinal Bases For The Fundamental Constitutional Right To Vote Per Se, Susan H. Bitensky
University of Miami Law Review
This Article identifies and examines the Supreme Court’s longstanding unintelligibility with respect to recognition of a fundamental right to vote per se under the Constitution. In a host of equal protection cases, the Court’s refusal to “say what the law is” in this regard has produced a chaotic jurisprudence on the status of the right. Because ours is a constitutional schema consisting of multiple types of rights to vote, the refusal manifests as judicial reliance on and acclamation of some unspecified right to vote. It is refusal by lack of clarity. The unsorted right has led some scholars to conclude …
Pro-Choice (Of Law): Extraterritorial Application Of State Law Using Abortion As A Case Study, Marnie Leonard
Pro-Choice (Of Law): Extraterritorial Application Of State Law Using Abortion As A Case Study, Marnie Leonard
American University Journal of Gender, Social Policy & the Law
Madison Underwood was scheduled to receive a life-saving abortion at a clinic in Tennessee when her doctor told her the procedure had been canceled. The Supreme Court had overturned the constitutional right to abortion a few days prior. Although Underwood’s abortion was still legal in Tennessee, her doctor felt performing the procedure was too risky with the law changing so quickly.
Death By A Single Sentence, Danielle Dalporto
Death By A Single Sentence, Danielle Dalporto
The Reporter: Social Justice Law Center Magazine
No abstract provided.
Truth And Reconciliation: The Ku Klux Klan Hearings Of 1871 And The Genesis Of Section 1983, Tiffany R. Wright, Ciarra N. Carr, Jade W.P. Gasek
Truth And Reconciliation: The Ku Klux Klan Hearings Of 1871 And The Genesis Of Section 1983, Tiffany R. Wright, Ciarra N. Carr, Jade W.P. Gasek
Dickinson Law Review (2017-Present)
Over the course of seven months in 1871, Congress did something extraordinary for the time: It listened to Black people. At hearings in Washington, D.C. and throughout the former Confederate states, Black women and men—who just six years earlier were enslaved and barred from testifying in Southern courts—appeared before Congress to tell their stories. The stories were heartbreaking. After experiencing the joy of Emancipation and the initial hope of Reconstruction, they had been subjected to unspeakable horror at the hands of white terrorists. They had been raped and sexually humiliated. Their children and spouses murdered. They had been savagely beaten …
No Child Left Behind Bars: Applying The Principles Of Strict Scrutiny When Sentencing Juveniles Tried As Adults, Max Chu
William & Mary Law Review
The Commonwealth of Virginia was the first in the nation to pass legislation that provides judges with the discretion to veer away from the mandatory minimum sentence and to impose trauma-informed and age-appropriate sentences for juvenile offenders convicted of felonies and tried as adults. Although Virginia’s new law, House Bill 744 (HB 744), is a pioneering step in the right direction, this Note argues that the law may now provide judges with too much discretion. In other words, HB 744 alone, without more guidance, does not go far enough to protect the rights of juvenile offenders.
Therefore, this Note proposes …
You Can't Have Your Vote And Dilute It Too: Closing The Voting Rights Act Loophole In Gerrymandering Claims, Megan B. Kelly
You Can't Have Your Vote And Dilute It Too: Closing The Voting Rights Act Loophole In Gerrymandering Claims, Megan B. Kelly
William & Mary Law Review
The problem with creating and enforcing redistricting standards arises poignantly in racial gerrymandering cases that involve VRA section 2 compliance. In many ways, the rights that the Equal Protection Clause seeks to protect are at odds with the rights that section 2 seeks to protect. On the one hand, equal protection asserts a certain color-blindness, an interest in minimizing the focus on race and, in doing so, maximizing equality for all. On the other hand, the VRA suggests, and in fact requires, line-drawers keep at least one eye on race when drawing lines.
These opposing rights create a tension, which …
Race-Based Remedies In Criminal Law, Ion Meyn
Race-Based Remedies In Criminal Law, Ion Meyn
William & Mary Law Review
This Article evaluates the constitutional feasibility of using race-based remedies to address racial disparities in the criminal system. Compared to white communities, communities of color are over-policed and over-incarcerated. Criminal system stakeholders recognize that these conditions undermine perceptions of legitimacy critical to ensuring public safety. As jurisdictions assiduously attempt race-neutral fixes, they also acknowledge the shortcomings of such interventions. Nevertheless, jurisdictions dismiss the feasibility of deploying more effective race-conscious strategies due to the shadow of a constitutional challenge. The apprehension is understandable. Debates around affirmative action in higher education and government contracting reveal fierce hostility toward race-based remedies.
This Article, …
The Thirteenth Amendment And Equal Protection: A Structural Interpretation To "Free" The Amendment, Larry J. Pittman
The Thirteenth Amendment And Equal Protection: A Structural Interpretation To "Free" The Amendment, Larry J. Pittman
William & Mary Journal of Race, Gender, and Social Justice
The hope is that the Court will one day hold that the Thirteenth Amendment has its own equal protection clause or component and that strict scrutiny will not be used for benign racial classifications designed to eradicate current badges and incidents of slavery. This Article critiques the Court’s decision in the Civil Rights Cases regarding the scope of section 1 of the Amendment and it offers a holistic or structural interpretation of the Amendment to include an equal protection component and a lesser standard of review than strict scrutiny. Essentially, the Thirteenth Amendment, if properly used, could become a public …
Unequal Protection: Rethinking The Standards And Safeguards For Absentee Ballot Schemes, Kira M. Simon
Unequal Protection: Rethinking The Standards And Safeguards For Absentee Ballot Schemes, Kira M. Simon
William & Mary Bill of Rights Journal
No abstract provided.
Equity Over Equality: Equal Protection And The Indian Child Welfare Act, Lucy Dempsey
Equity Over Equality: Equal Protection And The Indian Child Welfare Act, Lucy Dempsey
Washington and Lee Law Review Online
In 2018, a Texas District Court shocked the nation by declaring the Indian Child Welfare Act (ICWA) unconstitutional pursuant to the Equal Protection Clause of the U.S. Constitution. The decision was overturned by the Fifth Circuit but may well be appealed to the U.S. Supreme Court. The ICWA provides a framework for the removal and placement of Indian children into foster and adoptive homes in such a way that attempts to reflect the unique values of Indian culture and supports the autonomy of the tribe. In doing so, the law treats Indian children differently than it would White children. But …
"De-Americanization" During The Trump Administration: Derivative Citizenship And Deceased Parents In The United States, Katheryn J. Maldonado
"De-Americanization" During The Trump Administration: Derivative Citizenship And Deceased Parents In The United States, Katheryn J. Maldonado
William & Mary Journal of Race, Gender, and Social Justice
The Trump Administration’s war on immigration will be marked in history as one replete with white supremacy and terror. Much attention has been focused in the realm of undocumented immigrants, detention centers, and family separations because of the pervasiveness of those issues and the gravity of the human rights violations occurring in the United States. However, little focus has been given to immigrants who are lawful permanent residents or naturalized citizens at risk of denaturalization and deprivation of their constitutional rights. This Note highlights the effects of the Trump Administration’s war on immigration on citizens and green card holders in …
Kidnapping Reconsidered: Courts Merger Tests Inadequately Remedy The Inequities Which Developed From Kidnapping's Sensationalized And Racialized History, Samuel P. Newton
Kidnapping Reconsidered: Courts Merger Tests Inadequately Remedy The Inequities Which Developed From Kidnapping's Sensationalized And Racialized History, Samuel P. Newton
William & Mary Bill of Rights Journal
No abstract provided.
Political And Non-Political Speech And Guns, Gregory P. Magarian
Political And Non-Political Speech And Guns, Gregory P. Magarian
William & Mary Bill of Rights Journal
No abstract provided.
The Epistemic Function Of Fusing Equal Protection And Due Process, Deborah Hellman
The Epistemic Function Of Fusing Equal Protection And Due Process, Deborah Hellman
William & Mary Bill of Rights Journal
The fusion of equal protection and due process has attracted significant attention with scholars offering varied accounts of its purpose and function. Some see the combination as productive, creating a constitutional violation that neither clause would generate alone. Others see the combination as merely strategic, offered to make a claim acceptable at a particular historical moment but not genuinely necessary. This Article offers a third alternative. Judges have and should bring both equal protection and due process together to learn what each clause independently requires. On this Epistemic vision of constitutional fusion, a focus on equality helps judges learn what …
Gender-Stereotyping Theory, Freedom Of Expression, And Identity, Carlos A. Ball
Gender-Stereotyping Theory, Freedom Of Expression, And Identity, Carlos A. Ball
William & Mary Bill of Rights Journal
This Article argues that the expressive components of gender-stereotyping theory serve to delink the equality protections afforded by that theory from fixed and predetermined identity categories in helpful and positive ways. Many have viewed American antidiscrimination law as being normatively grounded in the notion that there are certain identities that, because of their stable and immutable characteristics, deserve equality-based protections. Gender-stereotyping theory can help make the normative case for a more pluralistic understanding of equality, one that is grounded in the need to protect the fluid and multiple ways in which gender is performed or expressed rather than focusing, as …
Stop Punishing Our Kids: How Title Vii Can Protect Children Of Color In Public School’S Discipline Practices, Lizette Rodriguez
Stop Punishing Our Kids: How Title Vii Can Protect Children Of Color In Public School’S Discipline Practices, Lizette Rodriguez
Journal of the National Association of Administrative Law Judiciary
Section I of this comment considers the evolution of education in the United States and how American society dealt with racial discrimination in public schools in the past, and how those facts and decisions differ from the issues that students of color are facing today. Section II explains the Equal Protection Clause (EPC) and analyzes the seminal cases that demonstrate the power of the EPC and when it is appropriate to use it. Section III introduces Title VII and walks through violations of disparate impact discrimination and disparate treatment discrimination. Section IV explains what the Department of Education’s Civil Rights …
The Forgotten Relatives In The Fight Against Family Separation: A Constitutional Analysis Of The Statutory Definition Of Unaccompanied Minors In Immigration Detention, Alysa Williams
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
New York City Property Taxes And Appeals: A Systemic Subversion Of Constitutional Rights, Phoenix Marino
New York City Property Taxes And Appeals: A Systemic Subversion Of Constitutional Rights, Phoenix Marino
NYLS Law Review
No abstract provided.
Criminal Law: The Dangers Of Incomplete Statutory Interpretation And The Unfortunate Equal Protection Implications That Follow– Heilman V. Courtney, 926 N.W.2d 387 (Minn. 2019), Claire Gutknecht
Mitchell Hamline Law Review
No abstract provided.
The Meaning Of Judicial Impartiality: An Examination Of Supreme Court Confirmation Debates And Supreme Court Rulings On Racial Equality, Stuart Chinn
Utah Law Review
Three years into the Trump presidency and especially in the aftermath of Justice Kavanaugh’s elevation to the Supreme Court, the ideal of judicial impartiality is once again central in our public discourse. Because we have, in turn, a president especially skeptical of the judiciary’s separation from partisanship, heightened political polarization, and heightened stakes around judicial rulings in this age of gridlocked governance, the question of how judges approach their work has assumed a significance that goes beyond concern over the outcomes they will reach.
However, as important as the concept of judicial impartiality may be, it is worth pausing to …
A Comprehensive Rethinking Of Equal Protection Post-Obergefelll: A Plea For Substantivity In Law, Shannon Gilreath
A Comprehensive Rethinking Of Equal Protection Post-Obergefelll: A Plea For Substantivity In Law, Shannon Gilreath
Barry Law Review
No abstract provided.
Reframing The Affirmative Action Debate To Move Beyond Arguments For Diversity And Interest Convergence, Adrian Jamal Mclain, Steven L. Nelson
Reframing The Affirmative Action Debate To Move Beyond Arguments For Diversity And Interest Convergence, Adrian Jamal Mclain, Steven L. Nelson
Barry Law Review
No abstract provided.
States As Civil Rights Actors: Assessing Advocacy Mechanisms Within A State’S Legislative, Executive, And Judicial Branches, Jennifer Safstrom
States As Civil Rights Actors: Assessing Advocacy Mechanisms Within A State’S Legislative, Executive, And Judicial Branches, Jennifer Safstrom
Barry Law Review
No abstract provided.
There's Nothing Rational About It: Heightened Scrutiny For Sexual Orientation Is Long Overdue, Daniel J. Galvin Jr.
There's Nothing Rational About It: Heightened Scrutiny For Sexual Orientation Is Long Overdue, Daniel J. Galvin Jr.
William & Mary Journal of Race, Gender, and Social Justice
In this Article, I argue that sexual orientation meets the burden established by Supreme Court jurisprudence for suspect classification and, therefore, should receive heightened scrutiny under Fourteenth Amendment equal protection analysis. After decades of using the fundamental rights analysis to aid lesbian, gay, and bisexual individuals in their pursuit of equality, addressing the fundamental right to marry and the fundamental right to privacy, the Supreme Court must address the elephant in the courtroom: that sexual orientation meets all of the factors set by the Court in equal protection cases for suspect classification.
Gays, lesbians, and bisexual individuals (LGBs) meet the …
At The Intersection Of Due Process And Equal Protection: Expanding The Range Of Protected Interests, Vincent J. Samar
At The Intersection Of Due Process And Equal Protection: Expanding The Range Of Protected Interests, Vincent J. Samar
Catholic University Law Review
Are the Due Process and Equal Protection clauses interconnected? Justice Kennedy in Obergefell v. Hodges, the Supreme Court case holding the fundamental right to marry includes the right to a same-sex marriage, stated that they are profoundly connected in that each clause “may be instructive as to the meaning and reach of the other.” But exactly what instruction each doctrine might afford the other, Justice Kennedy did not say. An earlier Supreme Court decision, Plyler v. Doe, also suggested a connection, when the Court held unconstitutional a Texas statute baring funding for the education of undocumented children. But …