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Full-Text Articles in Law

Challenging Voting Rights And Political Participation In State Courts, Irving Joyner Oct 2019

Challenging Voting Rights And Political Participation In State Courts, Irving Joyner

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming


The Case For Lgbt Equality: Reviving The Political Process Doctrine And Repurposing The Dormant Commerce Clause, Terri R. Day, Danielle Weatherby Jan 2016

The Case For Lgbt Equality: Reviving The Political Process Doctrine And Repurposing The Dormant Commerce Clause, Terri R. Day, Danielle Weatherby

Brooklyn Law Review

As a reaction to the Supreme Court’s historic marriage equality decision earlier this summer, many Southern state legislators opposing the trend toward LGBT-protective laws have proposed legislation that would essentially prohibit municipalities from carving out new antidiscrimination protections for the LGBT community. Conservative Senator Bart Hester spearheaded the passing of one of these “anti” antidiscrimination laws in Arkansas, and states like Texas, West Virginia, Michigan, and Oklahoma are not far behind. These “Hester-type laws” are strikingly similar to the Colorado amendment struck down by the Romer v. Evans Court 20 years ago. Both the Colorado amendment and the new wave …


Choosing Those Who Will Die: The Effect Of Race, Gender, And Law In Prosecutorial Decision To Seek The Death Penalty In Durham County, North Carolina, Isaac Unah Jan 2009

Choosing Those Who Will Die: The Effect Of Race, Gender, And Law In Prosecutorial Decision To Seek The Death Penalty In Durham County, North Carolina, Isaac Unah

Michigan Journal of Race and Law

District prosecutors in the United States exercise virtually unfettered power and discretion to decide which murder cases to prosecute for capital punishment. According to neoclassical theory of formal legal rationality, the process for determining criminal punishment should be based upon legal rules established and sanctioned by the state to communicate the priorities of the political community. The theory therefore argues in favor of a determinate mode of decision-making that diminishes the importance of extrinsic elements such as race and gender in the application of law. In the empirical research herein reported, I test this theory using death eligible cases in …


Constitutional Law-Equal Protection-Use Of Property And Poll Tax Lists For Selection Of Jurors, Alfred W. Blumrosen S.Ed Apr 1953

Constitutional Law-Equal Protection-Use Of Property And Poll Tax Lists For Selection Of Jurors, Alfred W. Blumrosen S.Ed

Michigan Law Review

Brown, a Negro, was convicted of a capital offense in Forsyth County, North Carolina. Having exhausted his state remedies, he petitioned the federal district court for a writ of habeas corpus alleging, inter alia, systematic discrimination against Negroes serving on grand and petit juries. This discrimination was claimed to result from the use of property and poll tax lists as sources from which to draw jury panels. The district court denied his petition and was affirmed by the court of appeals. On certiorari to the United States Supreme Court, held, affirmed. The use of property and poll tax lists …