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Articles 1 - 11 of 11
Full-Text Articles in Law
Department Of Justice Oversight: Preserving Our Freedoms While Defending Against Terrorism: Hearing Before The S. Comm. On The Judiciary, 107th Cong., Dec. 6, 2001 (Statement Of Neal Kumar Katyal, Prof. Of Law, Geo. U. L. Center), Neal K. Katyal
Testimony Before Congress
No abstract provided.
Protecting Constitutional Freedoms In The Face Of Terrorism: Hearing Before The S. Comm. On The Judiciary, 107th Cong., Oct. 3, 2001 (Statement Of David D. Cole, Prof. Of Law, Geo. U. L. Center), David Cole
Testimony Before Congress
No abstract provided.
Accommodating The Public Sphere: Beyond The Market Model, Nan D. Hunter
Accommodating The Public Sphere: Beyond The Market Model, Nan D. Hunter
Georgetown Law Faculty Publications and Other Works
This Essay has two major components. First, in Parts I and II, I describe and critique the Court's opinion in Dale, beginning with an examination of the social origins of scouting, then proceeding to an analysis of Dale. Second, in Parts III and IV, I place the questions raised in Dale in another context in which they belong but are seldom analyzed, that of the jurisprudence of public accommodations laws . . . In conclusion, I join the two major themes by framing Dale's claim as the latest in a series of cases that have invoked an evolving understanding of …
Secrecy, Guilt By Association, And The Terrorist Profile, David Cole
Secrecy, Guilt By Association, And The Terrorist Profile, David Cole
Georgetown Law Faculty Publications and Other Works
In this essay, I will argue that the use of secret procedures and guilt by association in immigration trials is not only unconstitutional but counterproductive. I will begin with a case study, then discuss in turn the practices of secret evidence and guilt by association, and finally conclude with a consideration of how these two tactics perpetuate invidious stereotypes about Arabs and Muslims.
Disability, Federalism, And A Court With An Eccentric Mission, Michael H. Gottesman
Disability, Federalism, And A Court With An Eccentric Mission, Michael H. Gottesman
Georgetown Law Faculty Publications and Other Works
This article examines the Supreme Court's recent Eleventh and Fourteenth Amendment decisions constraining Congress's power to impose legal obligations on state governments. The context for this examination is the Court's consideration this Term of the constitutionality of the provision of the Americans with Disabilities Act authorizing individual suits against states by persons alleging they have been victimized by state disability discrimination. This article was written while the fate of the ADA case was unknown. But the Court issued its decision just as this article was going to press. A postscript has been added describing that decision and its implications. The …
Proportional Equality: Readings Of Romer, Nan D. Hunter
Proportional Equality: Readings Of Romer, Nan D. Hunter
Georgetown Law Faculty Publications and Other Works
One of the great enigmas of equal protection law is Romer v. Evans. In finding sufficient power in the rational basis test to invalidate a state constitutional amendment enacted by popular vote, the Supreme Court left legal scholars in its doctrinal dust, puzzled over the answers to multiple questions. Was this a new rational basis test? If so, how could one know when to apply it? Had the standard of review for state acts adversely affecting lesbian, gay and bisexual Americans changed? If so, to what? Had Bowers v. Hardwick been overruled? If so, why?
Planet Asian America, Mari J. Matsuda
Planet Asian America, Mari J. Matsuda
Georgetown Law Faculty Publications and Other Works
In forming the Asian Law Caucus, the elders - some of whom are here in this room - chose resistance. They created a space in which Asian Americans were in charge, deciding what mattered to them and what strategies worked for them. If someone else were in charge, things would have gone differently. Risks were taken, and victories were won that would not have happened using traditional litigation strategies or leaving the work to traditional civil rights organizations. It was important to create an Asian American space to do this work: to fight Chinatown evictions, to pursue redress for the …
Civil Rights In The New Decade: The Geography Of Opportunity, Sheryll Cashin
Civil Rights In The New Decade: The Geography Of Opportunity, Sheryll Cashin
Georgetown Law Faculty Publications and Other Works
It is truly an honor and a privilege to have been invited to return to my home state of Alabama to talk about the civil rights agenda in the new decade. Lest you think that I lack the appropriate credentials to speak on this issue, I will tell you that I did go to jail for the cause. At the age of four months, I was taken by my mother, Joan Carpenter Cashin, to a sit-in at a lunch counter in Huntsville, Alabama. When my mother was arrested, she insisted on taking me with her to jail. I am very …
Highways And Bi-Ways For Environmental Justice, Richard J. Lazarus
Highways And Bi-Ways For Environmental Justice, Richard J. Lazarus
Georgetown Law Faculty Publications and Other Works
The purpose of this essay is to discuss the past, present, and future of the environmental justice movement as illustrated by the highway between Selma and Montgomery in Alabama and the highway system surrounding the City of Atlanta in neighboring Georgia. The essay is divided into three parts. The first part describes environmental justice, seeking both to place it in a broader historical perspective and to discuss how it relates to civil rights law and environmental law. The second part undertakes a closer examination of the challenges presented by efforts to fashion positive law to address environmental justice norms. This …
Race And Discretion In American Medicine, Maxwell Gregg Bloche
Race And Discretion In American Medicine, Maxwell Gregg Bloche
Georgetown Law Faculty Publications and Other Works
The author’s focus in this article is on racial disparities in medical care provision--that is, on differences in the services that clinically similar patients receive when they present to the health care system. Racial disparities in health status, which is not greatly influenced (on a population-wide basis) by medical care, are beyond his scope here. Disparities in medical care access-potential patients' ability, financial and otherwise, to gain entry to the health care system in the first place, are also outside his focus. The author begins this article by putting the problem of racial disparities in medical care provision within the …
The Sex Discrimination Argument In Gay Rights Cases, Nan D. Hunter
The Sex Discrimination Argument In Gay Rights Cases, Nan D. Hunter
Georgetown Law Faculty Publications and Other Works
The argument that laws that discriminate on the basis of sexual orientation in fact discriminate on the basis of sex is not new. Advocates have been pressing this claim for almost thirty years. Simply put, the argument is that a statute that bars a sexual relationship between two women or two men discriminates on the basis of sex because either partner could have had the same relationship with a person of the opposite sex.