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Full-Text Articles in Law
The (White) Washing Of American History
The (White) Washing Of American History
Florida A & M University Law Review
In 2019, the New York Times Magazine released a special issue of its magazine, called the 1619 Project, entirely dedicated to reframing the founding of America and placing the consequences of slavery and the contributions of Black Americans as central to America. The 1619 Project quickly became a national lightning rod—the book version of the project reached the top 100 on the bestseller lists of Amazon.com and Barnes&Noble.com more than a month before its release date, and several states responded by banning the teaching of The 1619 Project in schools. Bans on teaching The 1619 Project have erroneously referred to …
Post-Conviction Release And Defacto Double Jeopardy: Making The Case For Felons As A Quasi-Suspect Class Due To The Collateral Consequences Of A Felony Conviction
Florida A & M University Law Review
Felons are a prime example of a sub-class of individuals that, once convicted in a court of law, are classified, punished, stigmatized, stripped of their rights as American citizens, and discriminated against. Could this be a form of De Facto double jeopardy? While felons are not literally subjected to a second trial within the judicial system for the same offense, felons face a pseudo trial with society, as its jury, upon re-entry into society, based on the continual discrimination for crimes they have already served time for. The enactment of discriminatory laws against felons dehumanizes the individual by discarding their …
Leviathan Goes To Washington: How To Assert The Separation Of Powers In Defense Of Future Generations
Florida A & M University Law Review
The separation of powers was originally drawn from the common law of England, vindicated during the American Revolution as a fundamental bulwark against tyranny, and constitutionalized in the first three articles of the U.S. Constitution. It was adopted as an assurance that the present generation would not assert dead-hand control over the future of American society for mere efficiency, vanity, or greed. The separation of powers, therefore, exists to empower future generations to contend for their rights of life, liberty, and property. Both the long history of the separation of powers and the recent, controversial practices of multinational government contractors …
Enforcing The Right To Public Education, Areto A. Imoukuede
Enforcing The Right To Public Education, Areto A. Imoukuede
Journal Publications
This paper suggests that although each state within the United States currently recognizes a right to public education, the states do not provide meaningful and consistent judicial enforcement of the right. Recognizing a federal fundamental right to public education would be a step towards ensuring meaningful and consistent judicial enforcement of the right.
A Civil Rights Act For The 21st Century: The Privileges And Immunities Clause And A Constitutional Guarantee To Be Free From Discriminatory Impact, Mark Dorosin
Journal Publications
As the nation reflects on the fiftieth anniversaries of the various civil rights legislation of the 1960s' and considers the challenges that remain for fully addressing our history of racial discrimination, segregation, and suppression, we must begin with a very fundamental question: What is the harm that we are seeking to address, and how effectively do our current civil rights laws work towards achieving that goal? Given our collective success in addressing some of the most egregious intentional discrimination, as well as the intransigent, and evolving nature of institutional racism, it is time for a new Civil Rights Act that …
The Fifth Freedom: The Constitutional Duty To Provide Public Education, Areto A. Imoukuede
The Fifth Freedom: The Constitutional Duty To Provide Public Education, Areto A. Imoukuede
Journal Publications
This Article explains why there is a fundamental duty for the government to provide public education under the U.S. Constitution. Numerous scholars and public officials have written on the need to overrule San Antonio v. Rodriguez or adopt alternative approaches to recognizing a right to public education either judicially or by way of constitutional amendment. This Article identifies a consistent and systemic reluctance by the Court to meaningfully enforce positive rights, which are the duties that the government owes to the people. In doing so, it explores the consistent recognition throughout American history that education is a fundamental duty of …
Save The Marriage Before (Not After) The Ceremony: The Marriage Preparation Act - Can We Have A Public Response To A Private Problem, Lundy Langston
Save The Marriage Before (Not After) The Ceremony: The Marriage Preparation Act - Can We Have A Public Response To A Private Problem, Lundy Langston
Journal Publications
Two individuals meet, engage in an intimate, not necessarily sexual, relationship and marry. The two join in a union with the promise to spend the remainder of their natural lives together. But forever is not forever. On a national level, over 50 percent of marriages end in divorce.' Perhaps marriage vows should include a statement about the inevitability of divorce. States' divorce laws vary, from faultbased, to no-fault, to a statutory period of separation. Some states recently made it easier for individuals to be granted a divorce. Reasons for making it easier to end marriages could have been related to …
Political And Social Construction Of Families Through Pedagogy In Family Law Classrooms, Lundy Langston
Political And Social Construction Of Families Through Pedagogy In Family Law Classrooms, Lundy Langston
Journal Publications
Most family law materials available today fail to reflect the diversity' of family arrangements in modem society. Traditionally, family law is taught as a rules-based area of law. Students learn the requirements of marriage and the grounds for and consequences of divorce. Currently, there are efforts to expand the codification of family law through such things as support guidelines, uniform acts, and legislation listing specific factors to be considered in custody and property distribution cases. Many of these efforts stem from the underlying assumption that there is a uniform methodology describing and defining doctrine appropriate for resolution of family related …