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Constitutional Law

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Articles 2731 - 2760 of 3262

Full-Text Articles in Civil Rights and Discrimination

Two Social Movements, Thomas W. Merrill Jan 1994

Two Social Movements, Thomas W. Merrill

Faculty Scholarship

Two social movements in the last fifty years have had a profound impact on our understanding of law and the role of the courts in our system of government. One is the civil rights movement. The demand for greater racial and gender equality and other civil rights has changed the face of the law in countless ways. For example, it has called into question – or at least required a fundamental revision in – the traditional understanding that the courts should interpret the Constitution and laws in accordance with their original meaning. Decisions such as Brown v. Board of Education …

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The Langugage And Culture (Not To Say Race) Of Peremptory Challenges, Sheri Lynn Johnson Oct 1993

The Langugage And Culture (Not To Say Race) Of Peremptory Challenges, Sheri Lynn Johnson

Cornell Law Faculty Publications

No abstract provided.

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The University In The Manner Of Tiananmen Square, William W. Van Alstyne Oct 1993

The University In The Manner Of Tiananmen Square, William W. Van Alstyne

Faculty Publications

No abstract provided.

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Lords Of Lash, Loom, And Law: Justice Story, Slavery, And Prigg V. Pennsylvania, Barbara Holden-Smith Sep 1993

Lords Of Lash, Loom, And Law: Justice Story, Slavery, And Prigg V. Pennsylvania, Barbara Holden-Smith

Cornell Law Faculty Publications

No abstract provided.

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A Question Of Choice, Michele A. Estrin May 1993

A Question Of Choice, Michele A. Estrin

Michigan Law Review

A Review of A Question of Choice by Sarah Weddington

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The Creation And Perpetuation Of The Mother/Body Myth: Judicial And Legislative Enlistment Of Norplant, Madeline Henley Apr 1993

The Creation And Perpetuation Of The Mother/Body Myth: Judicial And Legislative Enlistment Of Norplant, Madeline Henley

Buffalo Law Review

No abstract provided.

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Chase Court And Fundamental Rights: A Watershed In American Constitutionalism, The , Robert J. Kaczorowski Jan 1993

Chase Court And Fundamental Rights: A Watershed In American Constitutionalism, The , Robert J. Kaczorowski

Faculty Scholarship

Three weeks before he died in May 1873, the frail and ailing Salmon P. Chase joined three of his brethren in dissent in one of the most important cases ever decided by the United States Supreme Court, the Slaughter-House Cases.1 This decision was a watershed in United States constitutional history for several reasons. Doctrinally, it represented a rejection of the virtually unanimous decisions of the lower federal courts upholding the constitutionality of revolutionary federal civil rights laws enacted in the aftermath of the Civil War. Institutionally, it was an example of extraordinary judicial activism in overriding the legislative will of …

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Transitional Constitutions, Arthur J. Jacobson Jan 1993

Transitional Constitutions, Arthur J. Jacobson

Cardozo Law Review

No abstract provided.

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Legal Aliens, Local Citizens: The Historical Constitutional And Theoretical Meanings Of Alien Suffrage, Jamin B. Raskin Jan 1993

Legal Aliens, Local Citizens: The Historical Constitutional And Theoretical Meanings Of Alien Suffrage, Jamin B. Raskin

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Shaw V. Reno: On The Borderline, Emily Calhoun Jan 1993

Shaw V. Reno: On The Borderline, Emily Calhoun

Publications

No abstract provided.

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An Education Of Their Own: The Precarious Position Of Publicly Supported Black Colleges After United States V. Fordice, Darryll K. Jones Jan 1993

An Education Of Their Own: The Precarious Position Of Publicly Supported Black Colleges After United States V. Fordice, Darryll K. Jones

Journal Publications

In United States v. Fordice, the United States Supreme Court revisited the awesome task of eliminating race from educational policy. Fordice ostensibly involved the duty of a state to remedy past discrimination in its formerly segregated system of higher education. Mississippi argued that it need only cease further discrimination, while private petitioners and the United States argued that the state must also undertake remedial measures beyond simply ending present discriminatory practices. The Court's rejection of Mississippi's approach and its adherence to the Brown v. Board of Education demand to eliminate race as a factor in educational opportunity uncovered the hidden …

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Did The Slaves Author The Thirteenth Amendment? An Essay In Redemptive History, Guyora Binder Jan 1993

Did The Slaves Author The Thirteenth Amendment? An Essay In Redemptive History, Guyora Binder

Journal Articles

American constitutional interpretation is deeply traditionalist, and privileges original intent. The difficulty with thus authorizing the past in interpreting the Thirteenth Amendment is that it purports to abolish custom and tradition as unjust. This essay argues that, given the Amendment’s denunciation of the polity that enacted it as illegitimate, its questionable formal pedigree, and the agency of the slaves in precipitating, defining, and resolving the crisis that enabled it, the slaves have a moral claim to status as its authors. It follows that the original intent guiding interpretation should be that of the slaves themselves.

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Due Process In Death Penalty Commutations: Life, Liberty, And The Pursuit Of Clemency, Daniel T. Kobil Jan 1993

Due Process In Death Penalty Commutations: Life, Liberty, And The Pursuit Of Clemency, Daniel T. Kobil

University of Richmond Law Review

The idea of the last-minute reprieve granted by a distant, unknowable dispenser of mercy to a man condemned to death has a powerful hold on our imaginations. Fyodor Dostoevsky's eleventh hour pardon by the czar in many ways shaped his literary career. The scene of the haunted Death Row prisoner who awaits word from the governor as a ticking clock punctuates his final hours is a stock vignette of Hollywood crime films. Anyone who has ever seized on the slimmest hope, whose fate has been committed to the hands of another - virtually all of us - can identify with …

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Peremptory Challenges: Free Strikes No More, H. Patrick Furman Jan 1993

Peremptory Challenges: Free Strikes No More, H. Patrick Furman

Publications

No abstract provided.

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Equal Educational Opportunity: The Rehnquist Court Revisits Green And Swann, Brian K. Landsberg Jan 1993

Equal Educational Opportunity: The Rehnquist Court Revisits Green And Swann, Brian K. Landsberg

McGeorge School of Law Scholarly Articles

No abstract provided.

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The Dynamics Of Homosocial Reproduction In Academic Institutions, Paula Dressel, Bernadette Weston Hartfield, Ruby L. Gooley Jan 1993

The Dynamics Of Homosocial Reproduction In Academic Institutions, Paula Dressel, Bernadette Weston Hartfield, Ruby L. Gooley

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham Jan 1993

There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham

Touro Law Review

No abstract provided.

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The Bar Against Challenges To Employment Discrimination Consent Decrees: A Public Choice Perspective, John O. Mcginnis Jan 1993

The Bar Against Challenges To Employment Discrimination Consent Decrees: A Public Choice Perspective, John O. Mcginnis

Articles

No abstract provided.

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The Constitutional Judge: Master Or Slave Of The Constitution?, Dominique Rousseau Jan 1993

The Constitutional Judge: Master Or Slave Of The Constitution?, Dominique Rousseau

Cardozo Law Review

No abstract provided.

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What States Owe Outsiders, Matthew D. Adler Jan 1993

What States Owe Outsiders, Matthew D. Adler

Faculty Scholarship

No abstract provided.

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The 1991 Supreme Court Term: Review And Outlook, John O. Mcginnis Jan 1993

The 1991 Supreme Court Term: Review And Outlook, John O. Mcginnis

Articles

The 1991 Supreme Court Term was the first during which justices originally appointed by Presidents Ronald Reagan and George Bush-Sandra Day O'Connor, Antonin Scalia, Anthony Kennedy, David Souter, and Clarence Thomas-constituted a majority. The term's main surprise, however, was that this majority of five-indeed, a majority of six when Chief Justice William Rehnquist, elevated to that position by President Reagan precisely because of his judicial philosophy, is included-did not forge a consistent jurisprudential majority characterized by the strict interpretative approach favored by their sponsoring presidents. While, generally speaking, the Court's decisions certainly continued to represent a departure from the expansive …

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Where's The Politics?: Introduction To Williams, Eastland, Days, And Rabkin, Neal Devins Oct 1992

Where's The Politics?: Introduction To Williams, Eastland, Days, And Rabkin, Neal Devins

William & Mary Law Review

No abstract provided.

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The Survival Of Racism Under The Constitution, Juan Williams Oct 1992

The Survival Of Racism Under The Constitution, Juan Williams

William & Mary Law Review

No abstract provided.

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Police Implementation Of Supreme Court Of Canada Charter Decisions: An Empirical Study, Kathryn Moore Jul 1992

Police Implementation Of Supreme Court Of Canada Charter Decisions: An Empirical Study, Kathryn Moore

Osgoode Hall Law Journal

Little empirical research has been done on the Charter's impact on the public policy process. This paper presents the results of an empirical research study designed to fill that gap. The study examined the manner in which a municipal police force and the RCMP implemented changes to procedures following two Supreme Court of Canada Charter decisions. The paper concludes that, while steps have been taken to develop a process by which Supreme Court decisions are implemented, the process would be improved if one body were allocated responsibility for the provision of interim information to the police.

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The Newly Disenfranchised: A Constitutional Right Withheld, Herman R. Brown Jr. Mar 1992

The Newly Disenfranchised: A Constitutional Right Withheld, Herman R. Brown Jr.

University of the District of Columbia Law Review

Traditionally, Blacks and women have been denied their constitutional rights based strictly on race and sex. This brand of disenfranchisement has in many instances made these groups feel like "second class" citizens. Although recently, these groups have been able to share in some rights previously withheld, the "playing field of equality of rights" is still not level. For example, women still earn less pay for comparable work performed by their male counterparts. Blacks continue to be shut out of the system based strictly on race. Just as women and Blacks have been denied their rights, other groups have suffered similar …

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The Bench And The Ballot: Applying The Protections Of The Voting Rights Act To Judicial Elections, Brenda Wright Jan 1992

The Bench And The Ballot: Applying The Protections Of The Voting Rights Act To Judicial Elections, Brenda Wright

Florida State University Law Review

No abstract provided.

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Tuskegee Modern, Or Group Rights Under The Constitution, Richard A. Epstein Jan 1992

Tuskegee Modern, Or Group Rights Under The Constitution, Richard A. Epstein

Kentucky Law Journal

No abstract provided.

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Reflections On Recent Remarks Of "That Unnecessary And Dangerous Officer", Roger J. Miner '56 Jan 1992

Reflections On Recent Remarks Of "That Unnecessary And Dangerous Officer", Roger J. Miner '56

Flag Day & Law Day Ceremonies

No abstract provided.

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Civil Actions For Emotional Distress And R.A.V. V. City Of St. Paul, Michael K. Steenson Jan 1992

Civil Actions For Emotional Distress And R.A.V. V. City Of St. Paul, Michael K. Steenson

Faculty Scholarship

The law of emotional distress is characterized by judicial reluctance to create and expand remedies for emotional injuries. The issue here is whether the Court's decision in R.A.V. v. City of St. Paul will impose further limitations on the right to recover civil damages for the intentional infliction of emotional injury, particular emotional injuries resulting from hate speech. This symposium first examines the applicability of the tort to redress claims based on abusive epithets based on the victim's race, gender, or sexual orientation. The symposium then argues that using this tort in cases involving hate speech should not create constitutional …

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Legislative Purpose And Equal Protection's Rationality Review, Robert C. Farrell Jan 1992

Legislative Purpose And Equal Protection's Rationality Review, Robert C. Farrell

Villanova Law Review (1956 - )

No abstract provided.

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