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At Loggerheads: The Supreme Court And Racial Equality In Public School Education After Missouri V. Jenkins, Roberta M. Harding
At Loggerheads: The Supreme Court And Racial Equality In Public School Education After Missouri V. Jenkins, Roberta M. Harding
Law Faculty Scholarly Articles
June 12th of 1995 marked a somber occasion in the annals of school desegregation litigation. On that day, the United States Supreme Court sent disturbing messages in its opinion in Missouri v. Jenkins. The Court's decision hinders achievement of the objective of school desegregation litigation—providing equal educational opportunities for African-American public school children—and detrimentally impacts other substantive areas of civil rights litigation. This article examines what I believe are several important general consequences of Jenkins's the impairment of a trial judge's discretionary equitable remedial powers; the Court's establishment of a new agenda that sacrifices the interests of African-American …
The Attraction And Limits Of Textualism: The Supreme Court Decision In Pud No. 1 Of Jefferson County V. Washington Dep't Of Ecology, Michael P. Healy
The Attraction And Limits Of Textualism: The Supreme Court Decision In Pud No. 1 Of Jefferson County V. Washington Dep't Of Ecology, Michael P. Healy
Law Faculty Scholarly Articles
During its 1993 Term, the Supreme Court had the opportunity to consider the interaction between two federal statutory schemes: the Federal Power Act (FPA), which provides that the Federal Energy Regulatory Commission (FERC) has the authority to regulate and license hydropower projects, and the Clean Water Act (CWA), which provides that states have the authority to adopt water quality standards and that federal law will impose and enforce those standards in regulating emissions into, and the quality of, waters of the United States. The tension created by these two statutes lies not only between federal agencies, but more importantly, between …
The Supreme Court And Our Culture Of Irresponsibility, Mary J. Davis
The Supreme Court And Our Culture Of Irresponsibility, Mary J. Davis
Law Faculty Scholarly Articles
This article chronicles the Supreme Court's expansion of the “culture of irresponsibility,” where institutional defendants are freed from tort liability with no check on the abuse of such immunity. Professor Davis describes the Court's progression toward immunity in products liability decisions of the past decade including East River Steamship, Boyle, Cipollone, and Lohr. Noting the effect of the Court's decisions in promoting institutional irresponsibility, Professor Davis encourages the Court to use its “cultural influence” and reconsider its broad extension of immunity which has spread to situations and institutional defendants the Court never imagined.