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Full-Text Articles in Law
Balancing Competing Individual Constitutional Rights: Raising Some Questions, Taunya Banks
Balancing Competing Individual Constitutional Rights: Raising Some Questions, Taunya Banks
Taunya Lovell Banks
Despite increasing support for global human rights ..., some scholars and constitutional democracies, like the United States, continue to resist constitutionalizing socio-economic rights. Socio-economic rights, unlike political and civil constitutional rights that usually prohibit government actions, are thought to impose positive obligations on government. As a result, constitutionalizing socio-economic rights raises questions about separation of powers and the competence of courts to decide traditionally legislative and executive matters. ... [W]hen transitional democracies, like South Africa, choose to constitutionalize socio-economic rights, courts inevitably must grapple with their role in the realization of those rights.... Two questions immediately come to mind: (1) …
Oped: Breaking Uf Racial Barriers, Pedro A. Malavet
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.
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
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.
Trampling Whose Rights? Democratic Majority Rule And Racial Minorities: A Response To Chin And Wagner, Taunya Lovell Banks
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
Contested Terrains Of Compensation: Equality, Affirmative Action And Diversity In The United States, Taunya L. Banks
Taunya Lovell Banks
No abstract provided.