Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Affirmative action (1)
- Afghanistan (1)
- Constitution of 2004 (1)
- Constitutional law (1)
- Customary law (1)
-
- Diversity (1)
- Due process (1)
- Employment (1)
- Equal protection (1)
- Ethnic groups (1)
- Ethnic parity (1)
- Federal courts (1)
- Fifth Amendment (1)
- Financial aid (1)
- First Amendment (1)
- Hazara (1)
- Hizb-i-Wahda (1)
- Indian law (1)
- Islamic constitutionalism (1)
- Islamic law (1)
- Judicial power (1)
- Jurisprudence (1)
- Liberalism (1)
- Litigation (1)
- Minority rights (1)
- Miranda v. Arizona (1)
- Procedure (1)
- Religious freedom (1)
- Religious freedoms (1)
- Right to remain silent (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
Taking Miranda's Pulse, William T. Pizzi, Morris B. Hoffman
Taking Miranda's Pulse, William T. Pizzi, Morris B. Hoffman
Publications
No abstract provided.
Rites And Rights In Afghanistan: The Hazara And The 2004 Constitution, Justin Desautels-Stein
Rites And Rights In Afghanistan: The Hazara And The 2004 Constitution, Justin Desautels-Stein
Publications
No abstract provided.
Considering Individual Religious Freedoms Under Tribal Constitutional Law, Kristen A. Carpenter
Considering Individual Religious Freedoms Under Tribal Constitutional Law, Kristen A. Carpenter
Publications
As American Indian nations revitalize their legal systems, there is renewed interest in "tribal law," that is, the law of each of the Indian nations. Today, there is a particular focus on the subject of "individual rights" under tribal law. In tribal contexts, people are highly interested in the legal institutions and rules that govern their lives, especially as many tribal communities are experiencing a period of great political, social, and economic change. At the national level, the Supreme Court repeatedly expresses concern about whether individuals, especially non-Indians, will be treated fairly in tribal court. For scholars, individual rights under …
Stepping Through Grutter's Open Doors: What The University Of Michigan Affirmative Action Cases Mean For Race-Conscious Government Decisionmaking, Helen Norton
Publications
In Grutter, a majority of the Court for the first time identified an instrumental justification for race-based government decisionmaking as compelling - specifically, a public law school's interest in attaining a diverse student body. Grutter not only recognized the value of diversity in higher education, but left open the possibility that the Court might find similar justifications compelling as well.
The switch to instrumental justifications for affirmative action appears a strategic response to the Court's narrowing of the availability of remedial rationales. A number of thoughtful commentators, however, have reacted to this trend with concern and even dismay, questioning …
Unconstitutional Courses, Frederic M. Bloom
Unconstitutional Courses, Frederic M. Bloom
Publications
By now, we almost expect Congress to fail. Nearly every time the federal courts announce a controversial decision, Congress issues a call to rein in "runaway" federal judges. And nearly every time Congress makes a "jurisdiction-stripping" threat, it comes to nothing.
But if Congress's threats possess little fire, we have still been distracted by their smoke. This Article argues that Congress's noisy calls have obscured another potent threat to the "judicial Power": the Supreme Court itself. On occasion, this Article asserts, the Court reshapes and abuses the "judicial Power"--not through bold pronouncements or obvious doctrinal revisions, but through something more …