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Full-Text Articles in Law
Foreword, Richelle Joy Gernan
Presidential Impunity And The Mueller Report: How The Department Of Justice’S Failure To Subject The Special Counsel Regulations To Notice And Comment Undermined The Rule Of Law, M. Akram Faizer
UC Law Constitutional Quarterly
Department of Justice (“DOJ”) Special Counsel, Robert S. Mueller, III’s two-volume, 448-page Report on the Investigation into Russian Interference in the 2016 Presidential Election (“the Report”), did an outstanding job in evidencing that President Trump’s actions in office satisfied the federal obstruction of justice standards. However, due to Mueller’s limited brief and his concern for maintaining the proper separation of powers, the Report, submitted confidentially to former Attorney General Barr as required by Department of Justice Regulations, abjured a determination as to Presidential criminality. This regulatory confidentiality requirement in conjunction with the requirement that Barr disclose an unverifiable Report summary …
Disability Rights And The Louisiana Constitution, Derek Warden
Disability Rights And The Louisiana Constitution, Derek Warden
UC Law Constitutional Quarterly
The Louisiana Constitution contains three Equal Protection Clauses. Article I, section 3 prohibits discriminatory laws; but, as an original matter, should prohibit both discriminatory laws and government conduct. Article I, section 12 prohibits discrimination by individuals (government or private) in regard to access to public places. Finally, article I, section 2, the Due Process Clause, also contains an Equal Protection component. Each clause prohibits discrimination on the basis of “physical condition,” which contains a general “disability” component. Based upon statements from the Louisiana Constitutional Convention and other modalities of constitutional argument, this article concludes that these clauses—individually and in conjunction— …
Presidential Removal: Impeachment As A Tool To Promote Democracy In Haïti, Brynna Bolt
Presidential Removal: Impeachment As A Tool To Promote Democracy In Haïti, Brynna Bolt
UC Law Constitutional Quarterly
No abstract provided.
Foreword, Richelle Joy Gernan
The Demographics Of Death: An Early Look At Covid-19, Cultural And Racial Bias In America, Eddie Bernice Johnson, Lawrence J. Trautman
The Demographics Of Death: An Early Look At Covid-19, Cultural And Racial Bias In America, Eddie Bernice Johnson, Lawrence J. Trautman
UC Law Constitutional Quarterly
During late 2019, reports emerged that a mysterious coronavirus was resulting in high contagion and many deaths in Wuhan, China. In just a few weeks, cases rose quickly in Seattle, spread to California, and the first in- stance of the virus appeared in New York (from Iran) on March 1, 2020. As the months pass, it is abundantly clear that less wealthy Americans have far fewer options amid the new normal of shelter-in-place orders, school closings, and shuttered businesses. For example, the poor and other populations may be genetically pre-disposed to heart disease and diabetic issues, but poverty also dictates …
Recapturing Democracy: Covid-19 And The 2020 Presidential Election, John Taschner
Recapturing Democracy: Covid-19 And The 2020 Presidential Election, John Taschner
UC Law Constitutional Quarterly
America is in the business of selling and maintaining democracy around the world. Through aid, provision, humanitarian relief, guidance, and forcible action if need be, the United States stands for democracy. At the birth of the country, the biggest threat to the founding fathers was someone assuming the highest position of leadership in the country and, thereafter, becoming unwilling to transition power. In the aftermath of the 2020 Presidential Election, this exact worst-case-scenario from more than two hundred years had played out amidst numerous lawsuits and demands for recounted votes in order to have only the “legal” votes counted towards …
How Does It Feel To Be A Solution?: How South Asian Migration From 1885 To 1923 Created A Modern South Asian “Other” Used To Promote Conservative Rhetoric, Ayushi Neogi
UC Law Constitutional Quarterly
This note seeks to understand the place of a South Asian American in a country that considers itself bi-racial. The note analyzes the racial ambiguity of the South Asian in two major historical contexts. First, it provides an overview of the legal history of South Asian migration, the first “wave” of which occurred from 1885 to 1923. It analyzes the various exclusionary laws (both state and federal) that set a framework for how to view and treat the common Indian migrant. It further looks at California and the Pacific North- west’s deliberate, xenophobic acts during this time period, such as …
The Ideal And The Actual In Procedural Due Process, Norman W. Spaulding
The Ideal And The Actual In Procedural Due Process, Norman W. Spaulding
UC Law Constitutional Quarterly
The law proceduralists write about and teach is nothing like what most ordinary Americans experience when they step into court. Indeed, the evidence shows that most Americans who have legal problems do not ever get to court, nor do they receive a meaningful alternative hearing. In this way both judicial and academic discourse on procedure, even among those who see glaring problems of access to justice, is idealized, abstract, and ossified—unconnected to the actual. This Essay describes the ideal/actual divide in procedure—the cognitive, doctrinal and ideological effects of lingering on the ideal side of it, and the forms of subordination …
Foreword, Richelle Joy Gernan, Cecilia Salem
Foreword, Richelle Joy Gernan, Cecilia Salem
UC Law Constitutional Quarterly
No abstract provided.
Against Equality: A Critical Essay For The Naacp And Others, Richard Delgado, Jean Stefancic
Against Equality: A Critical Essay For The Naacp And Others, Richard Delgado, Jean Stefancic
UC Law Constitutional Quarterly
We address a recurring problem in movement scholarship and activism: why do some civil rights organizations persist in promoting themselves as advocates of equal protection when street activists rarely mention it, and lawyers know that litigation brought under that clause almost always loses? Try to recall the last time you heard of a street protest by a group—say Mexican-American school children in Tucson, Arizona, Black victims of police violence, or military women subjected to sexual harassment— proceeding under the banner of equal protection. Or think when you last read of a lawyer who brought and won a case for a …
A Push For An Egalitarian Constitution, Richelle Joy Gernan
A Push For An Egalitarian Constitution, Richelle Joy Gernan
UC Law Constitutional Quarterly
No abstract provided.
American Imperialism In Hawai’I: How The United States Illegally Usurped A Sovereign Nation And Got Away With It, Noelani Nasser
American Imperialism In Hawai’I: How The United States Illegally Usurped A Sovereign Nation And Got Away With It, Noelani Nasser
UC Law Constitutional Quarterly
In 1778, England’s Captain Cook first landed on the Hawaiian Islands. Since then, the Native Hawaiians have struggled to maintain their indigenous identity as distinct from the outside world and indigenous to Hawai’i. In the one thousand years preceding this early invasion, Native Hawaiians established unique political structures and cultural identities that were not present in England or the newly independent United States. Following the United States’ overthrow of the Hawaiian monarchy in 1893, the United States quickly enacted legislation that severely impacted the Native Hawaiians. This paper will discuss historical events in Hawai’i from 1778 to the twenty-first century …