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Full-Text Articles in Law

Liberdade, Ética E Direito, Paulo Ferreira Da Cunha Nov 2008

Liberdade, Ética E Direito, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Further than Ethics concieved as mere obedience, Republican Ethics expresses the idea of duty for freedom and Liberty. After Law concieved as only duty and imperative norms from power to the subjects, there is the possibility of a fraternal law, in new patterns. This article explores several ways in a new ethics and a new law paradigms, after the objective Roman Law and the subjective modern Law.


Affirming The Thirteenth Amendment, Douglas L. Colbert Oct 2008

Affirming The Thirteenth Amendment, Douglas L. Colbert

Douglas L. Colbert

No abstract provided.


Liberating The Thirteenth Amendment, Douglas L. Colbert Oct 2008

Liberating The Thirteenth Amendment, Douglas L. Colbert

Douglas L. Colbert

No abstract provided.


Bifurcation Of Civil Rights Defendants: Undermining Monell In Police Brutality Cases, Douglas L. Colbert Oct 2008

Bifurcation Of Civil Rights Defendants: Undermining Monell In Police Brutality Cases, Douglas L. Colbert

Douglas L. Colbert

No abstract provided.


Oped: Breaking Uf Racial Barriers, Pedro A. Malavet Sep 2008

Oped: Breaking Uf Racial Barriers, Pedro A. Malavet

Pedro A. Malavet

An OpEd describing the legal and personal struggle to desegregate the University of Florida College of Law on the 50th Anniversary of the matriculation of the first African American Student, George Starke. The essay describes how Virgil Hawkins was the last lead plaintiff in the litigation that produced Mr. Starke's matriculation and led to the graduation of W. George Allen.


Disparate Impact Under The Age Discrimination In Employment Act Of 1967, Michael Evan Gold Aug 2008

Disparate Impact Under The Age Discrimination In Employment Act Of 1967, Michael Evan Gold

Michael Evan Gold

No abstract provided.


Counter-Stories: Maintaining And Expanding Civil Liberties In Wartime, Mark A. Graber Jul 2008

Counter-Stories: Maintaining And Expanding Civil Liberties In Wartime, Mark A. Graber

Mark Graber

No abstract provided.


Judicial Recantation, Mark A. Graber Jul 2008

Judicial Recantation, Mark A. Graber

Mark Graber

No abstract provided.


Legal, Strategic Or Legal Strategy: Deciding To Decide During The Civil War And Reconstruction, Mark A. Graber Jul 2008

Legal, Strategic Or Legal Strategy: Deciding To Decide During The Civil War And Reconstruction, Mark A. Graber

Mark Graber

No abstract provided.


Building A Digital Collection: The Making Of Historical Publications Of The United States Commission On Civil Rights, Bill Sleeman Jul 2008

Building A Digital Collection: The Making Of Historical Publications Of The United States Commission On Civil Rights, Bill Sleeman

Bill Sleeman

This article briefly explores the technical and administrative tasks required to create a digital resource devoted to the U.S. Commission on Civil Rights.


Rethinking Novotny In Light Of United Brotherhood Of Carpenters & Joiners V. Scott: The Scope And Constitutionally Permissible Periphery Of Section 1985 (3), Taunya Lovell Banks Jun 2008

Rethinking Novotny In Light Of United Brotherhood Of Carpenters & Joiners V. Scott: The Scope And Constitutionally Permissible Periphery Of Section 1985 (3), Taunya Lovell Banks

Taunya Lovell Banks

No abstract provided.


To Kill A Mockingbird (1962): Lawyering In An Unjust Society, Taunya Lovell Banks Jun 2008

To Kill A Mockingbird (1962): Lawyering In An Unjust Society, Taunya Lovell Banks

Taunya Lovell Banks

No abstract provided.


Trampling Whose Rights? Democratic Majority Rule And Racial Minorities: A Response To Chin And Wagner, Taunya Lovell Banks Jun 2008

Trampling Whose Rights? Democratic Majority Rule And Racial Minorities: A Response To Chin And Wagner, Taunya Lovell Banks

Taunya Lovell Banks

Gabriel Chin and Randy Wagner argue us that there were black majorities and pluralities in Deep South states during the Reconstruction era who were consciously disenfranchised by private and public entities, including the U.S. Supreme Court because of fears of black majority rule and the Court should take this history into account and recognize the lingering effects of this historic disenfranchisement on black Americans. This essay responds to their argument, contending that fear of black majority rule never was the sole reason for the disenfranchisement of black majorities and pluralities in the Deep South, rather the problem has always been …


Lawrence Summers At The Nber Conference: The Real Deal, Taunya Lovell Banks Jun 2008

Lawrence Summers At The Nber Conference: The Real Deal, Taunya Lovell Banks

Taunya Lovell Banks

This mini commentary is written in response to a public speech made by Lawrence Summers, then President of Harvard University in 2005 in which he asserted that the under-representation of women in science and engineering may be due in part to biological differences in abilities between women and men. This commentary argues that Summers' remarks constitute a brief against affirmative action for women stated so broadly that it easily encompasses objections to affirmative action for blacks and other non-white Americans. It concludes that our inability or unwillingness to make connections between gender bias and racial privilege helps to maintain a …


Contested Terrains Of Compensation: Equality, Affirmative Action And Diversity In The United States, Taunya L. Banks Jun 2008

Contested Terrains Of Compensation: Equality, Affirmative Action And Diversity In The United States, Taunya L. Banks

Taunya Lovell Banks

No abstract provided.


What Is A Community? Group Rights And The Constitution: The Special Case Of African Americans, Taunya Lovell Banks Jun 2008

What Is A Community? Group Rights And The Constitution: The Special Case Of African Americans, Taunya Lovell Banks

Taunya Lovell Banks

No abstract provided.


The Scope Of Section 1985(3) In Light Of Great American Federal Savings And Loan Association V. Novotny: Too Little Too Late?, Taunya Lovell Banks Jun 2008

The Scope Of Section 1985(3) In Light Of Great American Federal Savings And Loan Association V. Novotny: Too Little Too Late?, Taunya Lovell Banks

Taunya Lovell Banks

No abstract provided.


To Kill A Mockingbird (1962): Lawyering In An Unjust Society, Taunya Lovell Banks Jun 2008

To Kill A Mockingbird (1962): Lawyering In An Unjust Society, Taunya Lovell Banks

Taunya Lovell Banks

No abstract provided.


Women And Aids - Racism, Sexism, And Classism, Taunya L. Banks Jun 2008

Women And Aids - Racism, Sexism, And Classism, Taunya L. Banks

Taunya Lovell Banks

No abstract provided.


Trampling Whose Rights? Democratic Majority Rule And Racial Minorities: A Response To Chin And Wagner, Taunya Lovell Banks Jun 2008

Trampling Whose Rights? Democratic Majority Rule And Racial Minorities: A Response To Chin And Wagner, Taunya Lovell Banks

Taunya Lovell Banks

Gabriel Chin and Randy Wagner argue us that there were black majorities and pluralities in Deep South states during the Reconstruction era who were consciously disenfranchised by private and public entities, including the U.S. Supreme Court because of fears of black majority rule and the Court should take this history into account and recognize the lingering effects of this historic disenfranchisement on black Americans. This essay responds to their argument, contending that fear of black majority rule never was the sole reason for the disenfranchisement of black majorities and pluralities in the Deep South, rather the problem has always been …


Contested Terrains Of Compensation: Equality, Affirmative Action And Diversity In The United States, Taunya L. Banks Jun 2008

Contested Terrains Of Compensation: Equality, Affirmative Action And Diversity In The United States, Taunya L. Banks

Taunya Lovell Banks

No abstract provided.


To Kill A Mockingbird (1962): Lawyering In An Unjust Society, Taunya Lovell Banks Jun 2008

To Kill A Mockingbird (1962): Lawyering In An Unjust Society, Taunya Lovell Banks

Taunya Lovell Banks

No abstract provided.


Tercer Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García Jun 2008

Tercer Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García

Bruno L. Costantini García

Tercer Congreso Nacional de Organismos Públicos Autónomos

"Autonomía, Reforma Legislativa y Gasto Público"


Sacrifice And Civic Membership: Who Earns Rights, And When?, Julie Novkov May 2008

Sacrifice And Civic Membership: Who Earns Rights, And When?, Julie Novkov

Julie Novkov

This paper considers two moments that scholars generally agree featured advances for African Americans’ citizenship – the end of the Civil War and Reconstruction, and World War II and its immediate aftermath – and reads these moments through lenses of race and gender. I consider the conjunction of acknowledged sacrifices and contributions to the state, the rights advances achieved, and the gendered and racialized conceptions of citizen service emerging out of both post-war periods. This conjunction suggests that the kind of citizenship that people of color gained during and after wartime crises depended upon gendered and racialized hierarchies that valued …


A Primary Human Challenge, Carroy U. Ferguson Apr 2008

A Primary Human Challenge, Carroy U. Ferguson

Carroy U "Cuf" Ferguson, Ph.D.

We may ask why, at both the individual and collective levels, it has seemed so difficult for us to choose to evolve our human games with Joy. There is no one answer for such a question, for each of us has the gift of free will. I will suggest, however, that built into our human games is what I call a primary human challenge. That primary human challenge is a dynamic tension, flowing from our creative urge for the freedom “to be” who we really are in our current physical form, and simultaneously to embrace our responsibility for our Being-ness.


Judgments Of The United States Supreme Court And The South African Constitutional Court As A Basis For A Universal Method To Resolve Conflicts Between Fundamental Rights, Daniel H. Erskine Feb 2008

Judgments Of The United States Supreme Court And The South African Constitutional Court As A Basis For A Universal Method To Resolve Conflicts Between Fundamental Rights, Daniel H. Erskine

Daniel H. Erskine

This article describes the methods utilized by the United States Supreme Court to resolve specific cases involving conflicts between federal constitutional rights, a federal constitutional right and a state constitutional or statutory right, and an international treaty right and a federal constitutional right. Consideration of particular decisions representative of the manner the Court resolves conflicts between rights in the three typologies described above, illustrates how the Court views such conflicts and the rationales employed to resolve apparent conflicting rights. The rationales used by the United States Supreme Court are compared to the South African Constitutional Court’s decisions in the Soobramoney, …


Alternative State Remedies In Constitutional Torts, John F. Preis Jan 2008

Alternative State Remedies In Constitutional Torts, John F. Preis

John F. Preis

In recent years, a subtle shift in constitutional tort doctrine has quietly begun to take root. In Bivens actions, the Supreme Court has recently implied that constitutional tort plaintiffs must seek relief under state law when it is available, rather than invoke their federal constitutional rights. This marks a dramatic change from past practices. For much of the twentieth century, a central premise in the constitutional tort field has been that the federal remedy is “supplementary” to the state remedy; constitutional tort plaintiffs have therefore been permitted to seek a remedy under federal law without regard to the availability of …


Lincoln At 200: On Lincoln's Statesmanship, Dred Scott And Constitutional Evil, Harry F. Tepker Jr. Jan 2008

Lincoln At 200: On Lincoln's Statesmanship, Dred Scott And Constitutional Evil, Harry F. Tepker Jr.

Harry F. Tepker Jr.

No abstract provided.


Denominations And Denominators: Applying Lucas V South Carolina Coastal Council To Resolve Rluipa "Substantial Burden On Religious Land Use" Cases, Elliott Joh Jan 2008

Denominations And Denominators: Applying Lucas V South Carolina Coastal Council To Resolve Rluipa "Substantial Burden On Religious Land Use" Cases, Elliott Joh

Elliott Joh

The free exercise of religion is a well-protected aspect of American life. Freedom of speech is sometimes curtailed during wartime, and the exclusionary rule prompts hostility when used in conjunction with the Fourth Amendment, but it is rare to hear anyone argue that the freedom of worship should be so abrogated. Discrimination on the basis of religion, however, is not so uncommon, and the Religious Land Use and Institutionalized Persons Act of 2000 (“RLUIPA”) was enacted to combat such discrimination by municipalities and local zoning authorities. Congress’s hope in enacting this legislation was that churches, mosques, and synagogues have a …


Women At Work: Towards An Inclusive Narrative Of The Rise Of The Regulatory State, Arianne Renan Barzilay Dr. Jan 2008

Women At Work: Towards An Inclusive Narrative Of The Rise Of The Regulatory State, Arianne Renan Barzilay Dr.

Arianne Renan Barzilay Dr. (J.S.D., New York University School of Law)

Abstract: This Article seeks to enrich what we know about the establishment of the regulatory state. It focuses on women’s contribution to the rise of the American regulatory apparatus. By looking at historical sources and archival materials, this Article illustrates how women reformers were central to the development of the regulatory state and how they were guided by an ideology that called for government regulation to provide decent standards of living. Through the example of the establishment of the Women’s Bureau in the U.S. Department of Labor, the Article expands our understanding of the purposes of administrative bodies, and it …