Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Civil rights

2008

SelectedWorks

Articles 1 - 3 of 3

Full-Text Articles in Law

What Is An Unconstitutional "Other Tax" On Voting? Construing The Twenty-Fourth Amendment, Allison Hayward Sep 2008

What Is An Unconstitutional "Other Tax" On Voting? Construing The Twenty-Fourth Amendment, Allison Hayward

Allison Hayward

This Article looks closely at the 24th Amendment and the origin and application of “poll tax or other tax” (meant here to include any form of tax, fee or charge imposed as a precondition to voting), the history of anti-poll tax reform, the intended scope of such reforms, and suggest a way to decide what voting prerequisites could be unconstitutional “poll taxes.” The analysis in this Article isolates the question of defining “poll tax or other tax” under the 24th Amendment from what constitutes a severe burden or a “reasonable” requirement in equal protection doctrine. The 24th Amendment should be ...


Billy Budd, Joseph Story, And Racial Liberals Frying Fish--A Polemical Essay, Peter Linzer Jun 2008

Billy Budd, Joseph Story, And Racial Liberals Frying Fish--A Polemical Essay, Peter Linzer

Peter Linzer

Please see cover letter.


Sometimes You Have To Go Backwards To Go Forwards: Judicial Review And The New National Security Exception To The Fourth Amendment, Sheerin N. Shahinpoor Mar 2008

Sometimes You Have To Go Backwards To Go Forwards: Judicial Review And The New National Security Exception To The Fourth Amendment, Sheerin N. Shahinpoor

Sheerin N. Shahinpoor

National security concerns have historically provided a strong basis for non-justiciable Executive Branch action; however, post 9/11, such actions have grown to encompass a greater number of American citizens' civil liberties. The federal judiciary's deferential treatment of national-security related conduct, particularly in the realm of suspicionless searches, occurs with dangerous frequency, and any semblance of meaningful review has been nearly eviscerated. The stakes involved in national security are weighty and, in many instances, present the courts with an artificial choice: uphold a potentially over-zealous suspicionless-search program but avoid danger, or strike down such a program in favor of ...