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Full-Text Articles in Law

Injustice Casts Shadow On History Of State Executions, John Bessler Dec 2003

Injustice Casts Shadow On History Of State Executions, John Bessler

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This article, published in the StarTribune of Minneapolis, discusses the history of lynchings and executions in the State of Minnesota. It specifically discusses miscarriages of justice that have taken place in Minnesota, along with highlighting other problems associated with capital punishment.


“Black People’S Money”: The Impact Of Law, Economics, And Culture In The Context Of Race On Damage Recoveries, Regina Austin Jul 2003

“Black People’S Money”: The Impact Of Law, Economics, And Culture In The Context Of Race On Damage Recoveries, Regina Austin

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“’Black People’s Money’: The Impact of Law, Economics, and Culture in the Context of Race on Damage Recoveries” is one of a series of articles by the author dealing with black economic marginalization; prior work considered such topics as shopping and selling as forms of deviance, street vending, restraints on leisure, and the importance of informality in loan transactions. This article deals with the linkage between the social significance of black people’s money and its material value. It analyzes the construction of “black money,” its association with cash, and the taboos and cultural practices that assure that black money will …


Ub Viewpoint – The Silence Of The Muslims, Kenneth Lasson Mar 2003

Ub Viewpoint – The Silence Of The Muslims, Kenneth Lasson

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This article, written in the wake of the kidnapping and murder of Wall Street Journal reporter Daniel Pearl, questions the failure of Muslims strongly to condemn acts of violence and murder committed by Islamic extremists, and argues that such silence encourages neutral parties to wonder if moderate Muslims may indeed sympathize with "the killers of 'infidels'" - which in turn can lead to fear, bias, and group defamation.


The "Public Menace" Of Blight: Urban Renewal And The Private Uses Of Eminent Domain, Wendell E. Pritchett Jan 2003

The "Public Menace" Of Blight: Urban Renewal And The Private Uses Of Eminent Domain, Wendell E. Pritchett

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No abstract provided.


Apprendi In The States: The Virtues Of Federalism As A Structural Limit On Errors, Stephanos Bibas Jan 2003

Apprendi In The States: The Virtues Of Federalism As A Structural Limit On Errors, Stephanos Bibas

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No abstract provided.


Reforming Civil Rights With Systems Reform: Health Care Disparities, Translation Services, & Safe Harbors, Sidney D. Watson Jan 2003

Reforming Civil Rights With Systems Reform: Health Care Disparities, Translation Services, & Safe Harbors, Sidney D. Watson

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Looking gaunt but determined, 59 year-old Robert Tools was introduced on August 21, 2001, as a medical miracle-the first surviving recipient of a fully implantable artificial heart. At a news conference, Tools spoke with emotion about his second chance at life and the quality of his care. His physician looked on with obvious affection, grateful and honored to have extended Tools's life. Mr. Tools has since lost his battle for life, but will be remembered as a hero for undergoing an experimental technology and paving the way for other patients to undergo the procedure. Moreover, the fact that Tools was …


Where Shall We Live? Class And The Limitations Of Fair Housing Law, Wendell Pritchett Jan 2003

Where Shall We Live? Class And The Limitations Of Fair Housing Law, Wendell Pritchett

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This paper examines the effort to secure fair housing laws at the local, state and federal levels in the 1950s, focusing in particular on New York City and state. It will examine the arguments that advocates made regarding the role the law should play in preventing housing discrimination, and the relationship of these views to advocates' understanding of property rights in general. My paper will argue that fair housing advocates had particular conceptions about the importance of housing in American society that both supported and limited their success. By arguing that minorities only sought what others wanted - a single-family …


Immigration And The Workplace: Immigration Restrictions As Employment Discrimination, Howard F. Chang Jan 2003

Immigration And The Workplace: Immigration Restrictions As Employment Discrimination, Howard F. Chang

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No abstract provided.


Child Welfare And Civil Rights, Dorothy E. Roberts Jan 2003

Child Welfare And Civil Rights, Dorothy E. Roberts

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No abstract provided.


Immigration Restrictions As Employment Discrimination, Howard F. Chang Jan 2003

Immigration Restrictions As Employment Discrimination, Howard F. Chang

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In this paper, I analyze restrictions on immigration to the United States as a form of government-mandated employment discrimination against aliens. Through our immigration laws, we deny aliens access to valuable employment opportunities that are open to natives. Under our immigration and nationality laws, we base this discrimination explicitly on circumstances of birth beyond the control of the alien. I argue that immigration restrictions thereby violate our liberal ideals of equality, which require a cosmopolitan perspective that extends equal concern to all individuals. Furthermore, even if we assume a less demanding moral theory that allows us to give the interests …


Brown V. Board Of Education: 50 Years Later, Dana M. Malkus Jan 2003

Brown V. Board Of Education: 50 Years Later, Dana M. Malkus

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In Brown v. Board of Education, the U.S. Supreme Court unanimously concluded that the doctrine of “separate but equal” had no place in public education. That decision on May 17, 1954 initiated educational reform throughout the country and was a catalyst in launching the modern Civil Rights movement. Though Brown signaled the beginning of the end of de jure segregation in the United States, events since reveal that – one-half century later – the work is far from complete. On Friday, October 10, 2003, scholars, students, and practitioners joined together at Saint Louis University School of Law for a full-day …


Substantially Limited Justice?: The Possibilities And Limits Of A New Rawlsian Analysis Of Disability-Based Discrimination, Elizabeth Pendo Jan 2003

Substantially Limited Justice?: The Possibilities And Limits Of A New Rawlsian Analysis Of Disability-Based Discrimination, Elizabeth Pendo

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In its recent terms, the Supreme Court has increasingly turned its attention toward the Americans with Disabilities Act, and specifically the questions of who should be protected under the ADA, and what such protection requires. In the wake of the Court's decisions, workers have found it increasingly difficult to assert and protect their right to be free of disability-based discrimination in the workplace. Given the widespread influence of John Rawls in contemporary discussions of social, political and economic justice, his recent and final formulation of his theory of distributive justice presents a significant and promising philosophical foundation for evaluation of …


Civil Rights Litigation: The Current Paradox, David Rudovsky Jan 2003

Civil Rights Litigation: The Current Paradox, David Rudovsky

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No abstract provided.


Exhaustion Under The Prison Litigation Reform Act: The Consequence Of Procedural Error, Kermit Roosevelt Iii Jan 2003

Exhaustion Under The Prison Litigation Reform Act: The Consequence Of Procedural Error, Kermit Roosevelt Iii

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No abstract provided.