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- Akron Law Faculty Publications (2)
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- Abraham M Howland (1)
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Articles 1 - 20 of 20
Full-Text Articles in Law
Discrimination And Business Regulation (The Supreme Court And Local Government Law: The 1999-2000 Term), Eileen Kaufman
Discrimination And Business Regulation (The Supreme Court And Local Government Law: The 1999-2000 Term), Eileen Kaufman
Eileen Kaufman
No abstract provided.
Perry V. Schwarzenegger: Trying Same-Sex Marriage., Michael J. Ritter
Perry V. Schwarzenegger: Trying Same-Sex Marriage., Michael J. Ritter
The Scholar: St. Mary's Law Review on Race and Social Justice
In 2008, California voters enacted Proposition 8, carving out an exception to the State constitution’s equal protection, due process, and privacy guarantees. After litigation in state court proved ineffective, same-sex couples sought relief in federal court in the widely discussed case Perry v. Schwarzenegger. Though the trial court released its decision only three weeks ago, the case has received attention by the national media and by legal circles throughout the country. This Article addresses the progression of the case of Perry from the filing of the case to its current status before the Ninth Circuit Court of Appeals. It offers …
Race And Education: The Future Of Desegregation In The United States, Gregory Coleman Jr.
Race And Education: The Future Of Desegregation In The United States, Gregory Coleman Jr.
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Dream Of Equal Educational Opportunity Deferred, Giovanni Luciano Escobedo
The Dream Of Equal Educational Opportunity Deferred, Giovanni Luciano Escobedo
Journal of Race, Gender, and Ethnicity
No abstract provided.
Kate Chase, The "Sphere Of Women's Work," And Her Influence Upon Her Father's Dissent In Bradwell V. Illinois, Richard Aynes
Kate Chase, The "Sphere Of Women's Work," And Her Influence Upon Her Father's Dissent In Bradwell V. Illinois, Richard Aynes
Akron Law Faculty Publications
Kate Chase was said to be the most beautiful and the most intelligent woman of her age. Her father, Salmon P. Chase, is remembered today as Lincoln’s secretary of the treasury and as a chief judge of the U. S. Supreme Court. In his own time, Chase was considered one of the nation’s political giants; Abraham Lincoln described him as “one and a half times bigger than any other man” he had ever known. Carl Schurz’s summary still echoes today: “More than anyone else he looked the great man. Tall, broad-shouldered, and proudly erect, . . . he was a …
Kate Chase, The "Sphere Of Women's Work," And Her Influence Upon Her Father's Dissent In Bradwell V. Illinois, Richard Aynes
Kate Chase, The "Sphere Of Women's Work," And Her Influence Upon Her Father's Dissent In Bradwell V. Illinois, Richard Aynes
Richard L. Aynes
Kate Chase was said to be the most beautiful and the most intelligent woman of her age. Her father, Salmon P. Chase, is remembered today as Lincoln’s secretary of the treasury and as a chief judge of the U. S. Supreme Court. In his own time, Chase was considered one of the nation’s political giants; Abraham Lincoln described him as “one and a half times bigger than any other man” he had ever known. Carl Schurz’s summary still echoes today: “More than anyone else he looked the great man. Tall, broad-shouldered, and proudly erect, . . . he was a …
The Absence Of Penological Rationale In The Restrictions On The Rights Of Incarcerated Women, Thomas M. Blumenthal, Kelly M. Brunie
The Absence Of Penological Rationale In The Restrictions On The Rights Of Incarcerated Women, Thomas M. Blumenthal, Kelly M. Brunie
University of Arkansas at Little Rock Law Review
No abstract provided.
South Carolina's Sexual Conduct Law After Lawrence V. Texas, Marghretta Adeline Hagood
South Carolina's Sexual Conduct Law After Lawrence V. Texas, Marghretta Adeline Hagood
South Carolina Law Review
No abstract provided.
Sexual Politics And Social Change, Darren L. Hutchinson
Sexual Politics And Social Change, Darren L. Hutchinson
Darren L Hutchinson
The Article examines the impact of social movement activity upon the advancement of GLBT rights. It analyzes the state and local strategy that GLBT social movements utilized to alter the legal status of sexual orientation and sexuality following the Supreme Court’s ruling in Bowers v. Hardwick. Successful advocacy before state and local courts, human rights commissions, and legislatures fundamentally shifted public opinion and laws regarding sexual orientation and sexuality between Bowers and the Supreme Court’s ruling in Lawrence v. Texas. This altered landscape created the “political opportunity” for the Lawrence ruling and made the opinion relatively “safe.” Currently, GLBT rights …
Constitutional Protection Of Freedom Of Expression In The United States As It Affects Defamation Law, Oscar Gray
Constitutional Protection Of Freedom Of Expression In The United States As It Affects Defamation Law, Oscar Gray
Oscar S. Gray
No abstract provided.
The Dance Of Death Or (Almost) No One Here Gets Out Alive: The Fourth Circuit's Capital Punishment Jurisprudence, John H. Blume
The Dance Of Death Or (Almost) No One Here Gets Out Alive: The Fourth Circuit's Capital Punishment Jurisprudence, John H. Blume
South Carolina Law Review
No abstract provided.
Lethal Discrimination 2: Repairing The Remedies For Racial Discrimination In Capital Sentencing, J. Thomas Sullivan
Lethal Discrimination 2: Repairing The Remedies For Racial Discrimination In Capital Sentencing, J. Thomas Sullivan
Faculty Scholarship
No abstract provided.
Deconstructing The First Reconstruction Act, Or Why The Former-Confederate States Never Legally Ratified The Fourteenth Amendment, Abraham M. Howland
Deconstructing The First Reconstruction Act, Or Why The Former-Confederate States Never Legally Ratified The Fourteenth Amendment, Abraham M. Howland
Abraham M Howland
The First Reconstruction Act (passed on March 2, 1867) was a crucial piece of legislation in our nation's history that effectively forced the legislatures of ten former-confederate states to ratify the Fourteenth Amendment. This paper begins by presenting and evaluating four principle arguments against the constitutionality of the First Reconstruction Act. Following this analysis of the Act’s constitutionality, this paper proceeds to argue that even if none of these constitutional objections is found persuasive, then precisely because of the terms of the First Reconstruction Act itself, the former-confederate states could not have ratified the Fourteenth Amendment in accordance with the …
Native Hawaiians And The Ceded Lands Trust: Applying Self-Determination As An Alternative To The Equal Protection Analysis, R. Hōkūlei Lindsey
Native Hawaiians And The Ceded Lands Trust: Applying Self-Determination As An Alternative To The Equal Protection Analysis, R. Hōkūlei Lindsey
American Indian Law Review
No abstract provided.
Enforcing The Bill Of Rights Against The States: The History And The Future, Richard Aynes
Enforcing The Bill Of Rights Against The States: The History And The Future, Richard Aynes
Akron Law Faculty Publications
This article traces, in broad strokes, the history of the disputes about whether or not the Bill of Rights can be enforced against the states.
It begins with pre-Fourteenth Amendment claims and recounts the actions of the 39th Congress: The Freedman’s Bureau, the Civil Rights Act of 1866, and the Fourteenth Amendment. Several speeches on the Amendment from the Congressional elections of 1866 are utilized, including those of Section 1 author John Bingham, Congressmen Columbus Delano, Rutherford B. Hayes, James Wilson, James Garfield, and Senator John Sherman, as well as Democrats who participated in what has been termed the most …
The Proper Guardians Of Foster Children’S Educational Interests, Margaret Ryznar, Chai Park
The Proper Guardians Of Foster Children’S Educational Interests, Margaret Ryznar, Chai Park
Margaret Ryznar
The United States Supreme Court has enumerated a constitutionally protected parental right to control the upbringing of one’s child that includes the right to direct the child’s education. The states, meanwhile, have differed in their interpretation and application of this principle when foster children’s educational interests conflict with their biological parents’ wishes. Specifically, although some states permit the judicial limitation of parental rights over children’s education during foster care placement, others do not. This Article is among the first to consider the benefits and consequences of each approach in the context of parents’ rights and children’s best interests.
Enforcing The Bill Of Rights Against The States: The History And The Future, Richard Aynes
Enforcing The Bill Of Rights Against The States: The History And The Future, Richard Aynes
Richard L. Aynes
This article traces, in broad strokes, the history of the disputes about whether or not the Bill of Rights can be enforced against the states. It begins with pre-Fourteenth Amendment claims and recounts the actions of the 39th Congress: The Freedman’s Bureau, the Civil Rights Act of 1866, and the Fourteenth Amendment. Several speeches on the Amendment from the Congressional elections of 1866 are utilized, including those of Section 1 author John Bingham, Congressmen Columbus Delano, Rutherford B. Hayes, James Wilson, James Garfield, and Senator John Sherman, as well as Democrats who participated in what has been termed the most …
Office Politics: Hiring And Firing Government Lawyers, Gilda R. Daniels
Office Politics: Hiring And Firing Government Lawyers, Gilda R. Daniels
All Faculty Scholarship
In September of 2009, the U.S. Department of Justice (DOJ) announced that it would not prosecute former DOJ Civil Rights Division official Bradley Schlozman for alleged false statements made during his congressional testimony about personnel actions at DOJ. As many government lawyers will remember, a July 2, 2008, report of the DOJ Office of Professional Responsibility and Office of the Inspector General (hereinafter, the IG's report) found that Schlozman had violated the Civil Service Reform Act when he "considered political and ideological affiliations in hiring career attorneys and other personnel actions affecting career attorneys in the Civil Rights Division." Often …
The Latest Phase Of Negro Disfranchisement [1912 Reprint From The Harvard Law Review], Julien C. Monnet
The Latest Phase Of Negro Disfranchisement [1912 Reprint From The Harvard Law Review], Julien C. Monnet
Oklahoma Law Review
No abstract provided.
The Dean Takes His Stand: Julien Monnet’S 1912 Harvard Law Review Article Denouncing Oklahoma’S Discriminatory Grandfather Clause, Harry F. Tepker Jr.
The Dean Takes His Stand: Julien Monnet’S 1912 Harvard Law Review Article Denouncing Oklahoma’S Discriminatory Grandfather Clause, Harry F. Tepker Jr.
Oklahoma Law Review
No abstract provided.