Law Commons^™

"Balancing Your Strengths Against Your Felonies": Considerations For Military Recruitment Of Ex-Offenders, Michael Boucai

Journal Articles

Existing work on ex-offenders’ access to military employment too narrowly represents both the Armed Forces’ and the public’s interests in the issue. This Article proposes to shift the conversation from ex-offenders’ usefulness to the Armed Forces to the reciprocal responsibilities and benefits involved for these potential recruits, the military, and society at large. Part One reviews the rules, policies, and procedures governing the “moral waivers” that allow thousands of individuals with criminal histories to enlist each year, and it shows that that the waiver system nonetheless often fails to detect the criminal backgrounds of many recruits. Part Two reviews some …

At The Intersection Of Race And History: The Unique Relationship Between The Davis Intent Requirement And The Crack Laws, Christopher J. Tyson

Journal Articles

No abstract provided.

Crossing Borders: Loving V. Virginia As A Story Of Migration, Victor C. Romero

Journal Articles

The struggle of binational same-gender partners today parallels the struggles of Mildred and Richard Loving during the heyday of the Civil Rights Movement - not only in the obvious parallels between race and sexual orientation as barriers to freedom, but also in the way the law uses these immutable characteristics to limit the freedom of movement. It is this freedom of movement - this migration or immigration - that I want to focus on in this essay. Lest we forget, the Lovings' story is, importantly, a story of migration: It's a story of the great lengths to which an interracial …

Unenumerated Rights And The Limits Of Analogy: A Critque Of The Right To Medical Self-Defense, O. Carter Snead

Journal Articles

Volokh’s project stands or falls with the claim that the entitlement he proposes is of constitutional dimension. If there is no fundamental right to medical self-defense, the individual must, for better or worse, yield to the regulation of this domain in the name of the values agreed to by the political branches of government. Indeed, the government routinely restricts the instrumentalities of self-help (including self-defense) in the name of avoiding what it takes to be more significant harms. This same rationale accounts for current governmental limitations on access to unapproved drugs and the current ban on organ sales. The FDA …

What's On Your Mind? Imputing Motive In A Title Vii Case, An Analysis Of Bci Coca-Cola Bottling Co. V. Eeoc, Barbara J. Fick

Journal Articles

This article examines the case E.E.O.C. v. BCI Coca-Cola Bottling Co. of Los Angeles, which was scheduled for argument before the Supreme Court, but was dismissed before that argument occurred.

From Family To Individual And Back Again, Margaret F. Brinig

Journal Articles

Loving v. Virginia has been thought of in many ways: as an important step toward full equality for African-Americans, as, more generally, a statement about the suspect classification of race, as a declaration about the fundamental nature of marriage, and as a critical addition to the construction of the right to privacy (as well as, of course, exemplified in the validation of the Lovings' own marriage).

In my contribution to the first Loving symposium, I wrote about the increasing tendency of the Supreme Court, following the 1967 decision, to treat the rights of intimacy as belonging to the individual adults …