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Full-Text Articles in Law
The Living Constitution: Why The Supreme Court Must Part Ways With Exclusionary Eminent Domain, Aaron Mackay
The Living Constitution: Why The Supreme Court Must Part Ways With Exclusionary Eminent Domain, Aaron Mackay
Indiana Law Journal
The Fifth Amendment’s “public use” requirement for takings is no longer a requirement at all. Instead, the meaning of “public use” has been expanded far beyond its original intent and public understanding. The broadening of the “public use” requirement reached its breaking point in Kelo. Since Kelo, state legislatures have responded by restricting eminent domain use to remove “blighted” areas. In effect, contemporary eminent domain reduces the availability of affordable housing, which has exacerbated the affordable housing crisis. This Note explores a constitutionally permissible re-working of the eminent domain doctrine to encourage the provision of affordable housing. Interpreting the “public …
No Soy De Aquí, Ni Soy De Allá: U.S. Citizen Children Are Paying The Price For Our Nation's Broken Immigration System (Comment), Daisy J. Ramirez
No Soy De Aquí, Ni Soy De Allá: U.S. Citizen Children Are Paying The Price For Our Nation's Broken Immigration System (Comment), Daisy J. Ramirez
The Scholar: St. Mary's Law Review on Race and Social Justice
Current immigration polices continue to force mixed-status family separation and do not provide any attainable avenues for immigration relief. Modern immigration law is complex, filled with statutes and regulations that create waste, delay, and confusion among immigrants, their families, and the United States judicial system. As a result, U.S. citizen children are bearing the costs of a faulty immigration system.
Democracy And The Other: The Inverse Relationship Between Majority Rule And A Heterogeneous Citizenry, Franciska A. Coleman
Democracy And The Other: The Inverse Relationship Between Majority Rule And A Heterogeneous Citizenry, Franciska A. Coleman
West Virginia Law Review
No abstract provided.
Yick Wo At 125: Four Simple Lessons For The Contemporary Supreme Court, Marie A. Failinger
Yick Wo At 125: Four Simple Lessons For The Contemporary Supreme Court, Marie A. Failinger
Michigan Journal of Race and Law
The 125th anniversary of Yick Wo v. Hopkins is an important opportunity to recognize the pervasive role of law in oppressive treatment of Chinese immigrants in the nineteenth and twentieth centuries. It is also a good opportunity for the Supreme Court to reflect on four important lessons gleaned from Yick Wo. First, the Court should never lend justification to the evil of class discrimination, even if it has to decline to rule in a case. Second, where there is persistent discrimination against a minority group, the Court must be similarly persistent in fighting it. Third, the Court needs to take …
Georgia V. Ashcroft: It's The End Of Section 5 As We Know It (And I Feel Fine) , Michael J. Pitts
Georgia V. Ashcroft: It's The End Of Section 5 As We Know It (And I Feel Fine) , Michael J. Pitts
Pepperdine Law Review
No abstract provided.
The Myth And The Reality Of American Constitutional Exceptionalism, Stephen Gardbaum
The Myth And The Reality Of American Constitutional Exceptionalism, Stephen Gardbaum
Michigan Law Review
This Article critically evaluates the widely held view inside and outside the United States that American constitutional rights jurisprudence is exceptional. There are two dimensions to this perceived American exceptionalism: the content and the structure of constitutional rights. On content, the claim focuses mainly on the age, brevity, and terseness of the text and on the unusually high value attributed to free speech. On structure, the claim is primarily threefold. First, the United States has a more categorical conception of constitutional rights than other countries. Second, the United States has an exceptionally sharp public/private division in the scope of constitutional …
The End Of Preclearance As We Knew It: How The Supreme Court Transformed Section 5 Of The Voting Rights Act, Peyton Mccrary, Christopher Seaman, Richard Valelly
The End Of Preclearance As We Knew It: How The Supreme Court Transformed Section 5 Of The Voting Rights Act, Peyton Mccrary, Christopher Seaman, Richard Valelly
Michigan Journal of Race and Law
This Article’s analysis reveals that by the 1990s the intent, or purpose, prong of Section 5 had become the dominant basis for objections to discriminatory voting changes. During that decade an astonishing 43 percent of all objections were, according to this assessment, based on discriminatory purpose alone. Thus, a key issue for Congress in determining how to deal with the preclearance requirement of the Act due to expire in 2007-assuming it seeks to restore the protection of minority voting rights that existed before January 2000-is whether to revise the language of Section 5 so as to restore the long-accepted definition …
Section 1983 Cases In The October 2004 Term, Martin A. Schwartz
Section 1983 Cases In The October 2004 Term, Martin A. Schwartz
Touro Law Review
No abstract provided.
Equality And The Forms Of Justice, Susan Sturm
Equality And The Forms Of Justice, Susan Sturm
University of Miami Law Review
No abstract provided.
Vmi Essays: The Curious Case Of The Virginia Military Institute: An Essay On The Judicial Function, Allan Ides
Vmi Essays: The Curious Case Of The Virginia Military Institute: An Essay On The Judicial Function, Allan Ides
Washington and Lee Law Review
No abstract provided.
The End Justifies The Means: Affirmative Action, Standards Of Review, And Justice White, Christopher S. Miller
The End Justifies The Means: Affirmative Action, Standards Of Review, And Justice White, Christopher S. Miller
University of Miami Law Review
No abstract provided.
Legislative Inputs And Gender-Based Discrimination In The Burger Court, Earl M. Maltz
Legislative Inputs And Gender-Based Discrimination In The Burger Court, Earl M. Maltz
Michigan Law Review
In An Interpretive History of Modem Equal Protection, Michael Klarman poses a powerful challenge to the conventional wisdom regarding the structure of Burger Court jurisprudence. Most commentators have concluded that during the Burger era the Court lacked a coherent vision of constitutional law, and was given to a "rootless" activism or a "pragmatic" approach to constitutional analysis. Klarman argues that, at least in the area of equal protection analysis, the Burger Court's approach did reflect a unifying theme, which he describes as a focus on "legislative inputs." According to Klarman, this approach "directs judicial review towards purging legislative decision-making of …
The Jurisprudence Of Wringing Hands: A Brief Response To Professor Soifer, Allan Ides
The Jurisprudence Of Wringing Hands: A Brief Response To Professor Soifer, Allan Ides
Washington and Lee Law Review
No abstract provided.
On Being Overly Discrete And Insular: Involuntary Groups And The Angloamerican Judicial Tradition, Aviam Soifer
On Being Overly Discrete And Insular: Involuntary Groups And The Angloamerican Judicial Tradition, Aviam Soifer
Washington and Lee Law Review
No abstract provided.
Faith In Secular Religion: A Brief Reply, Aviam Soifer
Faith In Secular Religion: A Brief Reply, Aviam Soifer
Washington and Lee Law Review
No abstract provided.
Soifer's Vision And Three Questions About Images, Milner S. Ball
Soifer's Vision And Three Questions About Images, Milner S. Ball
Washington and Lee Law Review
No abstract provided.
Groups In Perspectives, Carol Weisbrod
Groups In Perspectives, Carol Weisbrod
Washington and Lee Law Review
No abstract provided.
Another Way Of Skinning The Rabbit, Geoffrey Palmer Sir
Another Way Of Skinning The Rabbit, Geoffrey Palmer Sir
Washington and Lee Law Review
No abstract provided.
The First Amendment, Burt Neuborne
Pure Politics, Girardeau A. Spann
Pure Politics, Girardeau A. Spann
Michigan Law Review
Part I of this article considers the impact that judicial discretion has on the traditional model of judicial review, and that model's reliance on the Supreme Court as the primary guardian of minority interests. Part II argues that the interests of racial minorities can be better advanced through the ordinary political process than through the process of Supreme Court adjudication. Part Ill emphasizes that minority participation in Supreme Court proceedings cannot ultimately be avoided and, accordingly, suggests a political model of the Court that minorities can use in an effort to neutralize the Court's distortion of the political process. Part …
Surrogate Parenting After Baby M: The Ball Moves To The Legislature’S Court, John R. Dunne, Gregory V. Serio
Surrogate Parenting After Baby M: The Ball Moves To The Legislature’S Court, John R. Dunne, Gregory V. Serio
Touro Law Review
No abstract provided.
Judicial Review And Discrimination In Federally Assisted Housing: The Enforcement Of Title Vi, Barry M. Block
Judicial Review And Discrimination In Federally Assisted Housing: The Enforcement Of Title Vi, Barry M. Block
University of Michigan Journal of Law Reform
Section 602 of the Act was enacted to enable federal agencies to enforce this policy, and it authorizes them to issue rules and regulations which, while consistent with the objectives of the program authorizing the assistance, effectuate the provisions of Section 601. To enforce these regulations, an agency may terminate assistance to noncomplying programs, or use any other means authorized by law.
Reapportionment In The Supreme Court And Congress: Constitutional Struggle For Fair Representation, Robert G. Dixon Jr.
Reapportionment In The Supreme Court And Congress: Constitutional Struggle For Fair Representation, Robert G. Dixon Jr.
Michigan Law Review
Fair representation is the ultimate goal. At the time of the Reapportionment Decisions, much change was overdue in some states, and at least some change was overdue in most states. We are a democratic people and our institutions presuppose according population a dominant role in formulas of representation. However, by its exclusive focus on bare numbers, the Court may have transformed one of the most intricate, fascinating, and elusive problems of democracy into a simple exercise of applying elementary arithmetic to census data. In so doing, the Court may have disabled itself from effectively considering the more subtle issues …
Some Comments On The Reapportionment Cases, Paul G. Kauper
Some Comments On The Reapportionment Cases, Paul G. Kauper
Michigan Law Review
Any appraisal of the Supreme Court's decisions in the legislative reapportionment cases must necessarily distinguish between the basic policy ingredients and social consequences of the decisions on the one hand, and the question whether the results were reached by a proper exercise of judicial power on the other. Respecting the first of these considerations, I have no difficulty identifying the social advantages accruing from these decisions. Because of the stress on the population principle, the decisions will afford a greater voice to urban interests, will make the legislative process more responsive to current needs of particular concern to urban dwellers, …
Hyneman: The Supreme Court On Trial, William W. Van Alstyne
Hyneman: The Supreme Court On Trial, William W. Van Alstyne
Michigan Law Review
A Review of The Supreme Court on Trial. By Charles S. Hyneman