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Full-Text Articles in Law

The Loving Story: Using A Documentary To Reconsider The Status Of An Iconic Interracial Married Couple, Regina Austin Jan 2018

The Loving Story: Using A Documentary To Reconsider The Status Of An Iconic Interracial Married Couple, Regina Austin

Faculty Scholarship at Penn Law

The Loving Story (Augusta Films 2011), directed by Nancy Buirski, tells the backstory of the groundbreaking U.S. Supreme Court case, Loving v. Virginia, that overturned state laws barring interracial marriage. The article looks to the documentary to explain why the Lovings should be considered icons of racial and ethnic civil rights, however much they might be associated with marriage equality today. The film shows the Lovings to be ordinary people who took their nearly decade long struggle against white supremacy to the nation’s highest court out of a genuine commitment to each other and a determination to live ...


"To Help, Not To Hurt": Justice Thomas's Equality Canon, Nicole Stelle Garnett, William S. Consovoy Jan 2017

"To Help, Not To Hurt": Justice Thomas's Equality Canon, Nicole Stelle Garnett, William S. Consovoy

Journal Articles

To comprehend Justice Thomas’s views on racial equality requires an understanding of how his life experiences influence his approach to questions of race and the law. Recurring themes in his opinions about racial equality include his belief that racial preferences stigmatize their beneficiaries, his concern that the prevailing notion that racial integration is necessary to black achievement is rooted in a presumption of racial inferiority, his worry that affirmative action efforts provide cover for the failure to address the urgent needs of disadvantaged Americans, and his knowledge that seemingly benign policies can mask illicit motives. Finally, Justice Thomas contends ...


Interpreting The Fourteenth Amendment: Two Don'ts And Three Dos, Garrett Epps Dec 2007

Interpreting The Fourteenth Amendment: Two Don'ts And Three Dos, Garrett Epps

All Faculty Scholarship

A sophisticated reading of the legislative record of the framing of the Fourteenth Amendment can provide courts and scholars with some general interpretive principles to guide their application of the Amendment to current legal problems. The author argues that two common legal conceptions about the Amendment are, in fact, misconceptions. The first is that the Amendment was chiefly concerned with the immediate situation of freed slaves in the former slave states. Instead, he argues, the legislative record suggests that the framers were broadly concerned with the rights not only of freed slaves but also of foreign-born immigrants in the North ...


The Contradiction Between Equal Protection's Meaning And Its Legal Substance: How Deliberate Indifference Can Cure It, Derek W. Black Jan 2006

The Contradiction Between Equal Protection's Meaning And Its Legal Substance: How Deliberate Indifference Can Cure It, Derek W. Black

Faculty Publications

This Article highlights the inherent ambiguities of racial antidiscrimination’s core legal language: “equal protection under the law” and “discrimination based on race.” It then analyzes how and why the Court has never answered fundamental questions regarding the meaning of these terms. Thus, this Article answers these fundamental questions itself by exploring the original intent behind the Equal Protection Clause. Against this backdrop, this Article reveals how the Court’s standard for assessing discrimination claims, the intent doctrine, assumes a meaning for equal protection that is inconsistent with its original meaning. Rather than reflecting equal protection’s meaning, the standard ...


Congressional Power To Require Dna Testing, Larry Yackle Jan 2001

Congressional Power To Require Dna Testing, Larry Yackle

Faculty Scholarship

Many states fail to conduct, or even to permit, DNA testing of biological materials in circumstances in which the results might exonerate convicts under sentence of death. Senator Patrick Leahy thinks that Congress should enact a statute requiring states to provide for testing when it promises to reveal the truth. Leahy's idea is sensible as a matter of policy. I mean in this Article to argue that it is also constitutionally feasible.


The Constitution And Racial Preference In Law School Admissions, Robert A. Sedler Nov 1996

The Constitution And Racial Preference In Law School Admissions, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.


Affirmative Action Doctrine And The Conflicting Messages Of Croson, Doug D. Scherer Jan 1990

Affirmative Action Doctrine And The Conflicting Messages Of Croson, Doug D. Scherer

Scholarly Works

No abstract provided.


Reconstructing Section Five Of The Fourteenth Amendment To Assist Impoverished Children, James G. Wilson Jan 1990

Reconstructing Section Five Of The Fourteenth Amendment To Assist Impoverished Children, James G. Wilson

Law Faculty Articles and Essays

Liberal lawyers encounter grim alternatives caused by the Supreme Court's relentless shift to the right, particularly if they consider stare decisis a major constitutional value. They can attack specific decisions, demonstrating inconsistencies with prior cases, conclusory reasoning and/ or poor policy. They can use history, jurisprudence or even literature to make broad-based critiques of the Court's increasing callousness. They can propose counter-doctrine which is consistent with existing caselaw. The third response may appear quixotic, even naive, given the present Court. Nevertheless, exploration of progressive alternatives illuminates existing doctrine and provides potential openings if the Court ever decides to ...


Fullilove V. Klutznick (Formerly Kreps), Lewis F. Powell Jr. Oct 1979

Fullilove V. Klutznick (Formerly Kreps), Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


From Washington To Arlington Heights And Beyond: Discriminatory Purpose In Equal Protection Litigation, Robert G. Schwemm Jan 1977

From Washington To Arlington Heights And Beyond: Discriminatory Purpose In Equal Protection Litigation, Robert G. Schwemm

Law Faculty Scholarly Articles

When the Supreme Court decided Washington v. Davis on June 7, 1976, it began a new era in civil rights law. Rejecting the contention that state action is unconstitutional solely because it operates to injure more blacks than whites, the Court held that proof of discriminatory purpose is necessary to establish a claim of racial discrimination under the equal protection clause. In two cases decided the following term—Village of Arlington Heights v. Metropolitan Housing Development Corp. and Castaneda v. Partida—the Court reaffirmed its commitment to the discriminatory purpose requirement, but was badly divided on how to apply the ...


Union Discrimination Checked: Ethridge V. Rhodes Rouses A Slumbering Giant Leading Article, Maria Marcus Jan 1968

Union Discrimination Checked: Ethridge V. Rhodes Rouses A Slumbering Giant Leading Article, Maria Marcus

Faculty Scholarship

This article considers case law relating to state actors and the racist practices of labor unions.