Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Equality before the law (5)
- Equality before the law--United States (5)
- Constitution. 14th Amendment (3)
- Discrimination (3)
- Race discrimination (3)
-
- Apportionment (Election law) (2)
- Constitution. 13th Amendment (2)
- Constitutional history (2)
- Constitutional law (2)
- Due process of law (2)
- Equality (2)
- State action (Civil rights) (2)
- Supreme Court (2)
- Business (1)
- Civil Rights Cases (1)
- Civil rights (1)
- Civil rights demonstrations (1)
- Civil service (1)
- Constitution. 1st Amendment (1)
- Constitution. 6th Amendment (1)
- Constitutional amendments (1)
- Democracy (1)
- Dred Scott v. Sandford (1)
- Election law (1)
- Empathy (1)
- Fair trial (1)
- Freedom of association (1)
- Fugitive slave law (1850) (1)
- House of Burgesses (1)
- Howard Jay Graham (1)
Articles 1 - 12 of 12
Full-Text Articles in Law
Dying Constitutionalism And The Fourteenth Amendment, Ernest A. Young
Dying Constitutionalism And The Fourteenth Amendment, Ernest A. Young
Faculty Scholarship
The notion of a “living Constitution” often rests on an implicit assumption that important constitutional values will “grow” in such a way as to make the Constitution more attractive over time. But there are no guarantees: What can grow can also wither and die. This essay, presented as the 2018 Robert F. Boden Lecture at Marquette University Law School, marks the sesquicentennial of the Fourteenth Amendment’s ratification as a powerful charter of liberty and equality for black Americans. But for much of its early history, the Fourteenth Amendment’s meaning moved in reverse, overwhelmed by the end of Reconstruction, the gradual …
The Thirteenth Amendment, Disparate Impact, And Empathy Deficits, Darrell A. H. Miller
The Thirteenth Amendment, Disparate Impact, And Empathy Deficits, Darrell A. H. Miller
Faculty Scholarship
No abstract provided.
Brief For Foreign And Comparative Law Experts Harold Hongju Koh Et Al. As Amici Curiae In Support Of Petitioners, Harold Hongju Koh, Thomas Buergenthal, Sarah H. Cleveland, Laurence R. Helfer, Ryan Goodman, Sujit Choudhry
Brief For Foreign And Comparative Law Experts Harold Hongju Koh Et Al. As Amici Curiae In Support Of Petitioners, Harold Hongju Koh, Thomas Buergenthal, Sarah H. Cleveland, Laurence R. Helfer, Ryan Goodman, Sujit Choudhry
Faculty Scholarship
No abstract provided.
Reynolds Reconsidered, Guy-Uriel E. Charles, Luis Fuentes-Rohwer
Reynolds Reconsidered, Guy-Uriel E. Charles, Luis Fuentes-Rohwer
Faculty Scholarship
No abstract provided.
Slavery In The United States: Persons Or Property?, Paul Finkelman
Slavery In The United States: Persons Or Property?, Paul Finkelman
Faculty Scholarship
No abstract provided.
A Post-Race Equal Protection?, Trina Jones, Mario L. Barnes, Erwin Chemerinsky
A Post-Race Equal Protection?, Trina Jones, Mario L. Barnes, Erwin Chemerinsky
Faculty Scholarship
Most vividly demonstrated in the 2008 election of the first African-American President of the United States, post-race is a term that has been widely used to characterize a belief in the declining significance of race in the United States. Post-racialists, then, believe that racial discrimination is rare and aberrant behavior as evidenced by America’s pronounced racial progress. One practical consequence of a commitment to post-racialism is the belief that governments - both state and federal - should not consider race in their decision making. One might imagine that the recent explosion in post-racial discourse also portends a revised understanding of …
State Domas, Neutral Principles, And The Möbius Of State Action, Darrell A. H. Miller
State Domas, Neutral Principles, And The Möbius Of State Action, Darrell A. H. Miller
Faculty Scholarship
This essay uses the Mobius strip as a mathematical metaphor for how state "defense of marriage amendments" (DOMAs) can twist the Shelley v. Kraemer contribution to state action doctrine. It argues that Shelley's core insight -- that judicial enforcement of private agreements can constitute state action and must meet federal Fourteenth Amendment commands -- can be used by state judiciaries to hold that state judicial enforcement of private agreements between same sex-couples is a species of state action forbidden by state DOMA. As explored in this essay, the potential doctrinal contortion of Shelley by state DOMAs is at once a …
Racial Identity, Electoral Structures, And The First Amendment Right Of Association, Guy-Uriel Charles
Racial Identity, Electoral Structures, And The First Amendment Right Of Association, Guy-Uriel Charles
Faculty Scholarship
No abstract provided.
Civil Challenges To The Use Of Low-Bid Contracts For Indigent Defense, Margaret H. Lemos
Civil Challenges To The Use Of Low-Bid Contracts For Indigent Defense, Margaret H. Lemos
Faculty Scholarship
In recent years, increasing attention has been directed to the problem of adequate representation for indigent criminal defendants. While overwhelming caseloads and inadequate funding plague indigent defense systems of all types, there is a growing consensus in the legal community that low-bid contract systems-under which the state or locality's indigent defense work is assigned to the attorney willing to accept the lowest fee-pose particularly serious obstacles to effective representation. In this Note, Margaret Lemos argues that the problems typical of indigent defense programs in general-and low-bid contract systems in particular-can and should be addressed through § 1983 civil actions alleging …
The Constitutional Rights Of Public Employees: A Comment On The Inappropriate Uses Of An Old Analogy, William W. Van Alstyne
The Constitutional Rights Of Public Employees: A Comment On The Inappropriate Uses Of An Old Analogy, William W. Van Alstyne
Faculty Scholarship
Beginning with Justice Douglass's assertion that the State is bound in the same ways when acting as an employer as it is when acting as a governing body, this examination delves deeper to determine how this doctrine actually limits the government when it acts as an employer. This article endorses the theory of examining these limits not in the context of if the government is allowed to enforce them in the public sphere, but if the government may mandate such limits in the private sphere
A Constitution For Every Man, William W. Van Alstyne
A Constitution For Every Man, William W. Van Alstyne
Faculty Scholarship
No abstract provided.
Comment: Sit-Ins And State Action- Mr. Justice Douglas, Concurring, Kenneth L. Karst, William W. Van Alstyne
Comment: Sit-Ins And State Action- Mr. Justice Douglas, Concurring, Kenneth L. Karst, William W. Van Alstyne
Faculty Scholarship
No abstract provided.