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Articles 1 - 30 of 73
Full-Text Articles in Law
Board Of Education V. Taxman: The Unpublished Opinions- Introduction, Michael J. Yelnosky, Ann C. Mcginley
Board Of Education V. Taxman: The Unpublished Opinions- Introduction, Michael J. Yelnosky, Ann C. Mcginley
Law Faculty Scholarship
No abstract provided.
Whither Weber?, Michael J. Yelnosky
Book Review Of Forced Justice: School Desegregation And The Law And Race Relations Litigation In An Age Of Complexity, Davison M. Douglas
Book Review Of Forced Justice: School Desegregation And The Law And Race Relations Litigation In An Age Of Complexity, Davison M. Douglas
Faculty Publications
No abstract provided.
Coming Out: Decision-Making In State And Federal Sodomy Cases, Susan Ayres
Coming Out: Decision-Making In State And Federal Sodomy Cases, Susan Ayres
Faculty Scholarship
In 1791, American states were enacting laws against sodomy at the same time they ratified the Bill of Rights, the first ten constitutional amendments meant to safeguard fundamental rights of individuals in a free society. In a March 1789 letter to James Madison, Thomas Jefferson asserted that a bill of rights was necessary to give the judiciary the power to protect such individual rights. Ironically, that which the judiciary gives, it may also take away, since "[t]he legislator is a writer. And the judge a reader."
This Article deconstructs recent sodomy cases in order to challenge judicial adoption or reinscription …
Section 5: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School
Section 5: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Constitutional Remedies, Section 1983 And The Common Law, Michael L. Wells
Constitutional Remedies, Section 1983 And The Common Law, Michael L. Wells
Scholarly Works
Constitutional tort law marries the substantive rights granted by the Constitution to the remedial mechanism of tort law. The sweeping language of 42 U.S.C. 1983 provides that "[e]very person who, under color of any [state law] subjects, or causes to be subjected, any [person] to the deprivation of any [constitutional rights] shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress." Constitutional tort suits raise, in a new context, many tort-like remedial questions relating to causation, immunity, and damages--and therein lies a problem. The usual source of answers to …
Madiba 80th Birthday Bash July 18, 1998, Desmond Tutu
Madiba 80th Birthday Bash July 18, 1998, Desmond Tutu
Archbishop Desmond Tutu Collection Textual
Speech written by Archbishop Tutu for Nelson Mandela's 80th birthday.
Unconscious Racism And The Criminal Law, Sheri Johnson
Unconscious Racism And The Criminal Law, Sheri Johnson
Cornell Law Faculty Publications
No abstract provided.
Fax: The White House – May 7, 1998, Remarks By The President, Arab American Institute Conference, Office Of The Press Secretary
Fax: The White House – May 7, 1998, Remarks By The President, Arab American Institute Conference, Office Of The Press Secretary
Saffy Collection - All Textual Materials
Bill Clinton’s speech for the Arab American Institute Conference May 7, 1998 at Grand Hyatt Hotel Washington, D.C.
The Enforcement Of Prisoners’ Rights In The United States: An Access To The Courts Issue, Roberta M. Harding
The Enforcement Of Prisoners’ Rights In The United States: An Access To The Courts Issue, Roberta M. Harding
Law Faculty Scholarly Articles
This article examines how the development and status of the rights of incarcerated people is significantly effected by their ability to access the judiciary; specifically the federal judicial system. The relatively recent explosion in the American prison population provided the impetus for researching this topic. The objective was to examine whether this tremendous rise in the number of people incarcerated in U.S. penal facilities had impacted the posture of the rights afforded to these individuals. One conclusion reached was that the rise in the prison population had harshly eroded the right of access to the courts. The exploration of the …
Ax-Grinding Politics Leads To Unequal Justice, Kenneth Lasson
Ax-Grinding Politics Leads To Unequal Justice, Kenneth Lasson
All Faculty Scholarship
No abstract provided.
Writing Rules Does Not Right Wrongs, Odeana R. Neal
Writing Rules Does Not Right Wrongs, Odeana R. Neal
All Faculty Scholarship
I believe the work that lawyers, legal academics, and judges do is important. Our work allows us to devise legal theories, develop litigation strategies and determine outcomes that can make a tremendous difference in people's lives. As a result, I applaud the insight and creativity of Judge Beck and Professors Glennon and Goldfarb. Their work demonstrates how law can be used to protect gay men, lesbians, bisexuals, their relationships and their families.
Accommodating Outness: Hurley, Free Speech, And Gay And Lesbian Equality, Darren Lenard Hutchinson
Accommodating Outness: Hurley, Free Speech, And Gay And Lesbian Equality, Darren Lenard Hutchinson
UF Law Faculty Publications
In this article I explore two important questions raised by the Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston decision. First, although the Supreme Court did not analyze the case under the Roberts framework, it suggested at the conclusion of the opinion that the case would have the same outcome under that test. The Court's dictum concerning the Roberts trilogy thus raises the question whether Hurley indicates that the Court might disturb the Roberts doctrine if presented with the opportunity. Second, the Hurley Court, in rejecting GLIB's claim, found that the parade organizers were not attempting to exclude …
Twain's Admiration Of Jews Conflicted His Article Of 100 Years Ago Seems Less Flattering Today, Kenneth Lasson
Twain's Admiration Of Jews Conflicted His Article Of 100 Years Ago Seems Less Flattering Today, Kenneth Lasson
All Faculty Scholarship
It's been exactly a hundred years since Mark Twain first revealed himself as an unmitigated admirer of Jewish people. "A marvelous race, by long odds the most marvelous that the world has produced, I suppose." he wrote in "Concerning the Jews," published in March of 1898 by Harper's magazine.
How different after all was Twain from H.L. Mencken, who (after the posthumous publication of his diaries) was attacked as an anti-Semite? As literary critic Joseph Epstein has pointed out, Mencken talked about Jews the way they talked about themselves: "But H.L. Mencken was no anti-Semite. For that he would have …
Passage Of Religious Freedom Act Necessary To Fulfill Maryland's National Leadership Role, Kenneth Lasson
Passage Of Religious Freedom Act Necessary To Fulfill Maryland's National Leadership Role, Kenneth Lasson
All Faculty Scholarship
Three hundred sixty-four years ago this month, two tiny sailing ships arrived near what is now St. Mary's City with the first settlers in Maryland. The Ark and the Dove were sent to the New World by Cecil Calvert. Lord Baltimore had founded his small colony as a haven for those persecuted in England because of their religious beliefs.
On numerous occasions since then - from passage of the Act of Toleration in 1649 to the achievement of full civil liberties for Jews in 1825 to landmark Supreme Court decisions involving the state in the 1960s - Maryland has been …
A Constitution Of Democratic Experimentalism, Michael C. Dorf, Charles F. Sabel
A Constitution Of Democratic Experimentalism, Michael C. Dorf, Charles F. Sabel
Cornell Law Faculty Publications
In this Article, Professors Dorf and Sabel identify a new form of government, democratic experimentalism, in which power is decentralized to enable citizens and other actors to utilize their local knowledge to fit solutions to their individual circumstances, but in which regional and national coordinating bodies require actors to share their knowledge with others facing similar problems. This information pooling, informed by the example of novel kinds of coordination within and among private firms, both increases the efficiency of public administration by encouraging mutual learning among its parts and heightens its accountability through participation of citizens in the decisions that …
Deliberative Democracy, Overlapping Consensus, And Same-Sex Marriage, Linda C. Mcclain
Deliberative Democracy, Overlapping Consensus, And Same-Sex Marriage, Linda C. Mcclain
Faculty Scholarship
A pressing concern in political and constitutional theory is how to construct a model of justification in law and politics that offers methods for securing agreement and social cooperation in the face of moral pluralism. A common goal of this work is to elaborate the requirements of deliberative democracy, that is, a model of democratic self-government that "asks citizens and officials to justify public policy by giving reasons that can be accepted by those who are bound by it."' Two fundamental questions are: (1) are there any limits to the grounds to which citizens may appeal or the reasons that …
Housing Equity Analysis Final Report, Center For Economic Development
Housing Equity Analysis Final Report, Center For Economic Development
Center for Economic Development Technical Reports
the Purpose of this study is to assess the impact of discrimination on rental housing opportunities in Massachusetts. We obtained information on the numbers and types of housing discrimination cases filed in Massachusetts with federal, state, and private non-profit fair housing organizations. A total of 3,431 complaints were reported in Massachusetts from the period of 1990 to April 1998. Our findings indicate clearly, that rental housing discrimination exist in the state of Massachusetts. One of the major problems that we found is the fact that most instances of housing discrimination do not get reported. Based on our work, we are …
Civil Rights And Self-Concept: Life Stories Of Law, Disability And Employment, Frank W. Munger, David M. Engel
Civil Rights And Self-Concept: Life Stories Of Law, Disability And Employment, Frank W. Munger, David M. Engel
Articles & Chapters
No abstract provided.
"Not Just For The Fun Of It!" Governmental Restraints On Black Leisure, Social Inequality, And The Privatization Of Public Space, Regina Austin
"Not Just For The Fun Of It!" Governmental Restraints On Black Leisure, Social Inequality, And The Privatization Of Public Space, Regina Austin
All Faculty Scholarship
No abstract provided.
Re-Defining Reproductive Freedom, Timothy Zick
Re-Defining Reproductive Freedom, Timothy Zick
Faculty Publications
No abstract provided.
Book Review Of Desegregating Texas Schools: Eisenhower, Shivers, And The Crisis At Mansfield High, Davison M. Douglas
Book Review Of Desegregating Texas Schools: Eisenhower, Shivers, And The Crisis At Mansfield High, Davison M. Douglas
Faculty Publications
No abstract provided.
Justifying Racial Reform, Davison M. Douglas
Justifying Racial Reform, Davison M. Douglas
Faculty Publications
No abstract provided.
Civil Rights Division Association Symposium: The Civil Rights Division At Forty, Howard Glickstein, Stephen J. Pollack, Brian Landsberg, Harold Greene, St. John Barrett, Paul F. Hancock, Muriel Spence, Michael Middleton, James A. Turner
Civil Rights Division Association Symposium: The Civil Rights Division At Forty, Howard Glickstein, Stephen J. Pollack, Brian Landsberg, Harold Greene, St. John Barrett, Paul F. Hancock, Muriel Spence, Michael Middleton, James A. Turner
Scholarly Works
No abstract provided.
The Mccleskey Puzzle: Remedying Prosecutorial Discrimination Against Black Victims In Capital Sentencing, Ashutosh Bhagwat, Evan Tsen Lee
The Mccleskey Puzzle: Remedying Prosecutorial Discrimination Against Black Victims In Capital Sentencing, Ashutosh Bhagwat, Evan Tsen Lee
Faculty Scholarship
No abstract provided.
Book Review Of Employment Discrimination Law, James S. Heller
Book Review Of Employment Discrimination Law, James S. Heller
Library Staff Publications
No abstract provided.
Catch Me If You Can! Resolving The Ethical Tragedies In The Brave New World Of Jury Selection, José F. Anderson
Catch Me If You Can! Resolving The Ethical Tragedies In The Brave New World Of Jury Selection, José F. Anderson
All Faculty Scholarship
Since the Supreme Court's opinion in Batson v. Kentucky, the rules and tools available to lawyers for selecting juries have changed dramatically from what they had been for decades in American courtrooms. The Court's well intentioned effort in Batson to attempt to eliminate racial discrimination from the process of jury selection set in motion a series of modifications in lawyer decision making which have changed how lawyers fill the jury box. Prior to Batson, the sacrosanct tool known as the peremptory challenge had been virtually unassailable as a jury selection weapon. Abuses by prosecutors, particularly in the southern United States, …
Civil Rights And Self-Concept: Life Stories Of Law, Disability, And Employment, David M. Engel, Frank W. Munger
Civil Rights And Self-Concept: Life Stories Of Law, Disability, And Employment, David M. Engel, Frank W. Munger
Journal Articles
No abstract provided.
Section 98 And The Specialized Practice Of Civil Rights Law, James A. Gardner
Section 98 And The Specialized Practice Of Civil Rights Law, James A. Gardner
Journal Articles
No abstract provided.
The Limits Of Feminism, Emily Sherwin
The Limits Of Feminism, Emily Sherwin
Cornell Law Faculty Publications
No abstract provided.