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Articles 1 - 8 of 8
Full-Text Articles in Law
Race-Conscious Affirmative Action By Tax Exempt 501(C)(3) Corporations After Grutter And Gratz, David A. Brennen
Race-Conscious Affirmative Action By Tax Exempt 501(C)(3) Corporations After Grutter And Gratz, David A. Brennen
Scholarly Works
Part I of this Article examines how the Equal Protection Clause limits the government's ability to engage in race-based affirmative action. Part I focuses on how constitutional law analysis has evolved in light of the Supreme Court's recent decisions in Grutter v. Bollinger and Gratz v. Bollinger. Part II provides a brief description of tax law's public policy limitation. This part shows how the IRS, though not required to do so, has generally followed Equal Protection Clause jurisprudence when applying the public policy limitation to race-based activity by private tax exempt 501(c)(3) institutions. Part III discusses how the Supreme …
The (Un)Favorable Judgment Of History: Deportation Hearings, The Palmer Raids, And The Meaning Of History, Harlan G. Cohen
The (Un)Favorable Judgment Of History: Deportation Hearings, The Palmer Raids, And The Meaning Of History, Harlan G. Cohen
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As Americans respond to the events of September 11, 2001, they are being forced to contemplate their place in American history-past, present, and future. This has become particularly stark in the fight over secret deportation hearings. Following September 11, Attorney General John Ashcroft announced that the deportation hearings of "special interest" aliens would be closed to the public. Applying Richmond Newspapers's two-pronged logic-and-experience test, the Third and Sixth Circuits subsequently split over the constitutionality of the blanket closure. At the heart of their disagreement was the scarce history of deportation hearings and whether such hearings had been closed in the …
Supreme Court Section 1983 Decisions: (October 2001 Term), Martin A. Schwartz
Supreme Court Section 1983 Decisions: (October 2001 Term), Martin A. Schwartz
Scholarly Works
No abstract provided.
Brief Response To Attorney Albright's Article, Peter Brandon Bayer
Brief Response To Attorney Albright's Article, Peter Brandon Bayer
Scholarly Works
This article is a brief response to another article arguing that the words “under God” do not render the Pledge of Allegiance unconstitutional. Attorney D. Chris Allbright’s provocative plea that the phrase “under God” in the Pledge of Allegiance is insufficiently religious to offend contemporary Establishment Clause principles rests on three wobbly premises: (1) a limited perspective of some of the Framers, one which the Supreme Court rightly has eschewed; (2) Supreme Court dicta reflecting at best certain justices’ cursory suppositions about the religiosity of the words “under God;” and, (3) the wholly irrelevant, and possibly inaccurate argument that the …
Is Including "Under God" In The Pledge Of Allegiance Lawful?: An Impeccably Correct Ruling, Peter Brandon Bayer
Is Including "Under God" In The Pledge Of Allegiance Lawful?: An Impeccably Correct Ruling, Peter Brandon Bayer
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On June 26, 2002, in Newdow v. U.S. Congress, a divided panel of the United States Court of Appeals for the Ninth Circuit held that the 1954 Congressional amendment adding the words “under God” to the Pledge of Allegiance violated the First Amendment’s proscription that, “Congress shall make not law respecting an establishment of religion.” Because the First Amendment’s Establishment Clause applies to the States via the due process clause of the Fourteenth Amendment, the Ninth Circuit likewise found unlawful a California school district’s policy encouraging public school students to utter the words “under God” as part of teacher-led …
Note, A Woman’S Life, A Woman’S Health: Equalizing Medicaid Abortion Funding In Simat Corp. V. Arizona Health Care Cost Containment System, Sara Gordon
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This casenote discusses the Arizona Supreme Court’s decision in Simat Corp. v. Arizona Health Care Cost Container System. In a decision deviating from those of the United States Supreme Court, the Arizona Supreme Court declared the Arizona statute and accompanying Arizona Heath Care Cost Containment System provisions unconstitutional because they did not survive strict scrutiny analysis under the Privileges and Immunities Clause of the Arizona Constitution. Where the state of Arizona has undertaken to fund abortions for indigent women whose lives are directly threatened by pregnancy, it cannot refuse to pay for abortions for similarly indigent women whose health, …
The Heart Of Federalism: Pretext Review Of Means-End Relationships, J. Randy Beck
The Heart Of Federalism: Pretext Review Of Means-End Relationships, J. Randy Beck
Scholarly Works
Section I of this article seeks to correct a common scholarly misconception regarding the sort of pretext review envisioned by McCulloch v. Maryland. All students of McCulloch understand the decision to call for judicial review of the means-end relationship underlying a federal statute. But McCulloch also indicated that the Court would strike down legislation "should Congress, under the pretext of executing its powers, pass laws for the accomplishment of objects not entrusted to the government." Various constitutional scholars construe this pretext passage to contemplate a second inquiry--separate from the Court's scrutiny of means-end relationships--into whether the legislative motive behind a …
2002 U.S. Supreme Court Term Includes Zoning Referendum Case, Patricia E. Salkin
2002 U.S. Supreme Court Term Includes Zoning Referendum Case, Patricia E. Salkin
Scholarly Works
No abstract provided.