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Constitutional Law

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Articles 2761 - 2790 of 3262

Full-Text Articles in Civil Rights and Discrimination

Chisom V. Roemer: Where Do We Go From Here?, Randolph M. Mclaughlin Jan 1992

Chisom V. Roemer: Where Do We Go From Here?, Randolph M. Mclaughlin

Elisabeth Haub School of Law Faculty Publications

In Chisom and Houston Lawyers' Association, the Court declined to address two substantive issues critical for pending and future litigation challenging the at-large election of state judges. The Court expressly stated that it would not decide the elements that must be proved to establish a violation of section 2 or the remedy that would be appropriate for a violation proven in the context of a judicial election. Part II will discuss the Chisom and Houston Lawyers' Association decisions. Analysis of these decisions, combined with a review of the legislative history, supports the Court's view of the amended section 2. In …

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The New Aids Look Back Statute: Contact Tracing In The Health Care Setting - A Step In The Wrong Direction, 25 J. Marshall L. Rev. 769 (1992), Margery M. Tamburro Jan 1992

The New Aids Look Back Statute: Contact Tracing In The Health Care Setting - A Step In The Wrong Direction, 25 J. Marshall L. Rev. 769 (1992), Margery M. Tamburro

UIC Law Review

No abstract provided.

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Sex Discrimination (Update 1), Christina B. Whitman Jan 1992

Sex Discrimination (Update 1), Christina B. Whitman

Book Chapters

During the 1980s and early 1990s intense disagreement has arisen over the appropriate strategy for eliminating sex discrimination. Some courts and commentators argue for gender-neutral rules that define categories in purely functional terms. Others, who point out that gender-neutral rules promise equality only for women who can meet a ‘‘male standard,’’ think that legal distinctions between the sexes are not only appropriate but necessary, at least in cases involving perceived biological differences. Still others refuse to think in terms of sameness and difference. They analyze each issue by asking whether the disputed rule furthers the domination of men and the …

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The Role Of Institutional Factors In Protecting Individual Liberties, Thomas W. Merrill Jan 1992

The Role Of Institutional Factors In Protecting Individual Liberties, Thomas W. Merrill

Faculty Scholarship

Questions about the efficacy of the Bill of Rights cry out for serious comparative legal scholarship. Robert Ellickson and Frank Easterbrook suggest that one might approach these questions by looking at different state constitutions. One might also look more seriously at the different constitutional regimes around the world, and try to draw some judgments about what impact, if any, different types of constitutional arrangements have on individual rights. We have heard expressions of skepticism about this approach, but there has been very little serious comparative scholarship by constitutional law scholars in this country. The scholarly tradition in America has been …

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Reconstructing Liberty, Robin West Jan 1992

Reconstructing Liberty, Robin West

Georgetown Law Faculty Publications and Other Works

It is commonly and rightly understood in this country that our constitutional system ensures, or seeks to ensure, that individuals are accorded the greatest degree of personal, political, social, and economic liberty possible, consistent with a like amount of liberty given to others, the duty and right of the community to establish the conditions for a moral and secure collective life, and the responsibility of the state to provide for the common defense of the community against outside aggression. Our distinctive cultural and constitutional commitment to individual liberty places very real restraints on what our elected representatives can do, even …

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Extinguishing The Burning Crosses: Washington's Malicious Harassment Statute In Light Of The Issues Of Overbreadth And Vagueness, Edward Comitz Jan 1992

Extinguishing The Burning Crosses: Washington's Malicious Harassment Statute In Light Of The Issues Of Overbreadth And Vagueness, Edward Comitz

Seattle University Law Review

This Comment briefly discusses how Washington’s malicious harassment statute should be interpreted in light of the recent United States Supreme Court case R.A.V. v. City of St. Paul. Because the issues of overbreadth and vagueness are of imminent importance, to Washington’s statute, the majority of this Comment focuses on an analysis of those issues Both issues are discussed in terms of the specific crime of cross burning with the intent to intimidate or harass as proscribed by Section (1) of Washington’s malicious harassment statute. Finally, because the real harms minority victims of hate crimes experience, this Comment argues that Washington’s …

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Racism And Patriarchy In The Meaning Of Motherhood, Dorthy E. Roberts Jan 1992

Racism And Patriarchy In The Meaning Of Motherhood, Dorthy E. Roberts

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Expanding Our Vision Of Legal Services Representation– The Hermanas Unidas Project, Stacy Brustin Jan 1992

Expanding Our Vision Of Legal Services Representation– The Hermanas Unidas Project, Stacy Brustin

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Roe V. Wade And The Dred Scott Decision: Justice Scalia's Peculiar Analogy In Planned Parenthood V. Casey, Jamin B. Raskin Jan 1992

Roe V. Wade And The Dred Scott Decision: Justice Scalia's Peculiar Analogy In Planned Parenthood V. Casey, Jamin B. Raskin

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Babies, Parents, And Grandparents: A Story In Two Cases, Karen Czapanskiy Jan 1992

Babies, Parents, And Grandparents: A Story In Two Cases, Karen Czapanskiy

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Discovering Our Connections: Race And Gender In The Law Symposium Keynote Address, Margaret Walker Alexander Jan 1992

Discovering Our Connections: Race And Gender In The Law Symposium Keynote Address, Margaret Walker Alexander

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Lost Innocence And The Moral Foundation Of Law, Kate Nace Day Jan 1992

Lost Innocence And The Moral Foundation Of Law, Kate Nace Day

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Rouge Et Noir Reread: A Popular Constitutional History Of The Angelo Herndon Case, Kendall Thomas Jan 1992

Rouge Et Noir Reread: A Popular Constitutional History Of The Angelo Herndon Case, Kendall Thomas

Faculty Scholarship

In 1932, Eugene Angelo Braxton Hemdon, a young Afro-American member of the Communist Party, U.S.A., was arrested in Atlanta and charged with an attempt to incite insurrection against that state's lawful authority. Some five years later, in Herndon v. Lowry, Herndon filed a writ of habeas corpus asking the U.S. Supreme Court to consider the constitutionality of the Georgia statute under which he had been convicted. Two weeks before his twenty-fourth birthday, the Court, voting 5-4, declared the use of the Georgia political-crimes statute against him unconstitutional on the grounds that it deprived Herndon of his rights to freedom …

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The Breath Of The Unfee'd Lawyer: Statutory Fee Limitations And Ineffective Assistance Of Counsel In Capital Litigation, Albert L. Vreeland Ii Dec 1991

The Breath Of The Unfee'd Lawyer: Statutory Fee Limitations And Ineffective Assistance Of Counsel In Capital Litigation, Albert L. Vreeland Ii

Michigan Law Review

This Note argues that fee limitations deprive indigent defendants of their right to effective assistance of counsel. Part I of this Note reviews state court decisions that address Sixth Amendment challenges to fee limitations, yet fail to address the broader concerns about the appointed counsel system. Part II considers the inherent disincentives and burdens fee limitations impose on attorneys and suggests that the limits threaten the indigent accused's right to effective assistance of counsel. A comparison of the fee limitations and the time required to prepare and try a capital case reveals the gross inadequacy of statutory fee provisions. In …

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The New York Law School Reporter, Vol. 9, No. 3, November, 1991, New York Law School Nov 1991

The New York Law School Reporter, Vol. 9, No. 3, November, 1991, New York Law School

Student Newspapers

No abstract provided.

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Looking Back At City Of Richmond V. J.A. Croson Co.: Its Effects On State And Local Set-Aside Programs, Bryan B. Chambers Nov 1991

Looking Back At City Of Richmond V. J.A. Croson Co.: Its Effects On State And Local Set-Aside Programs, Bryan B. Chambers

BYU Law Review

No abstract provided.

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Operation Rescue: Was The Justice Dept. Right To Intervene In Wichita?, Gary S. Lawson, Celeste Lacy Davis, Eve W. Paul Nov 1991

Operation Rescue: Was The Justice Dept. Right To Intervene In Wichita?, Gary S. Lawson, Celeste Lacy Davis, Eve W. Paul

Faculty Scholarship

Discussion of Operation Rescue attempt to shut down abortion clinic in Wichita, KS in August 1991, and ensuing decision of U.S. District Judge Patrick Kelly, as well as intervention of Justice Department. A debate-style article with "pro" side written by Gary Lawson and "con" side written by C.L. Davis & E.W. Paul.

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Partisan Gerrymandering: A New Concept For Florida's 1992 Reapportionment, Bill L. Bryant, Katherine E. Giddings, Mark E. Kaplan Oct 1991

Partisan Gerrymandering: A New Concept For Florida's 1992 Reapportionment, Bill L. Bryant, Katherine E. Giddings, Mark E. Kaplan

Florida State University Law Review

No abstract provided.

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The Effects Of Intent: Do We Know How Legal Standards Work?, Theodore Eisenberg, Sheri Lynn Johnson Sep 1991

The Effects Of Intent: Do We Know How Legal Standards Work?, Theodore Eisenberg, Sheri Lynn Johnson

Cornell Law Faculty Publications

No one knows how the intent standard works in racial discrimination cases, though many have speculated. To test the speculation, this study examines how the intent standard actually operates. Its findings cast doubt on whether we really know how any legal standard functions.

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Confessions, Criminals, And Community, Sheri Lynn Johnson Jul 1991

Confessions, Criminals, And Community, Sheri Lynn Johnson

Cornell Law Faculty Publications

No abstract provided.

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Metro Broadcasting, Inc. V Fcc: Affirmative Action At The Crossroads Of Constitutional Liberty And Equality, Michel Rosenfeld Feb 1991

Metro Broadcasting, Inc. V Fcc: Affirmative Action At The Crossroads Of Constitutional Liberty And Equality, Michel Rosenfeld

Articles

The article examines the Supreme Court's inconsistent approach to affirmative action, particularly through the lens of *Metro Broadcasting, Inc. v. FCC*, which upheld the FCC's race-based policies to promote broadcast diversity. While the decision aligns with constitutional values of equality and free speech, the Court's opinions fail to coherently reconcile liberty and equality principles. The article argues for a more integrated framework to address the complexities of affirmative action jurisprudence and its intersection with First Amendment rights.

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Voluntary Affirmative Action In Employment For Women And Minorities Under Title Vii Of The Civil Rights Act: Extending Possibilities For Employers To Engage In Preferential Treatment To Achieve Equal Employment Opportunity, 24 J. Marshall L. Rev. 731 (1991), Chris Engels Jan 1991

Voluntary Affirmative Action In Employment For Women And Minorities Under Title Vii Of The Civil Rights Act: Extending Possibilities For Employers To Engage In Preferential Treatment To Achieve Equal Employment Opportunity, 24 J. Marshall L. Rev. 731 (1991), Chris Engels

UIC Law Review

No abstract provided.

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Thurgood Marshall And The Administrative State, Jonathan Weinberg Jan 1991

Thurgood Marshall And The Administrative State, Jonathan Weinberg

Law Faculty Research Publications

No abstract provided.

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The Ideal Of Liberty: A Comment On Michael H. V. Gerald D., Robin West Jan 1991

The Ideal Of Liberty: A Comment On Michael H. V. Gerald D., Robin West

Georgetown Law Faculty Publications and Other Works

What is the meaning and content of the "liberty" protected by the due process clause of the fourteenth amendment? In Michael H. v. Gerald D. Justices Brennan and Scalia spelled out what at first blush appear to be sharply contrasting understandings of the meaning of liberty and of the substantive limits liberty imposes on state action. Justice Scalia argued that the "liberty" protected by a substantive interpretation of due process is only the liberty to engage in activities historically protected against state intervention by firmly entrenched societal traditions. I will sometimes call this the "traditionalist" interpretation of liberty. Justice Brennan, …

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Review Of Affirmative Action After Metro Broadcasting V. Fcc: The Solution Almost Nobody Wanted, Douglas O. Linder Jan 1991

Review Of Affirmative Action After Metro Broadcasting V. Fcc: The Solution Almost Nobody Wanted, Douglas O. Linder

Faculty Works

No abstract provided.

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Indian Reservations And The Preservation Of Tribal Culture: Beyond Wardship To Stewardship, John W. Ragsdale Jr Jan 1991

Indian Reservations And The Preservation Of Tribal Culture: Beyond Wardship To Stewardship, John W. Ragsdale Jr

Faculty Works

No abstract provided.

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Toward An Abolitionist Interpretation Of The Fourteenth Amendment, Robin West Jan 1991

Toward An Abolitionist Interpretation Of The Fourteenth Amendment, Robin West

Georgetown Law Faculty Publications and Other Works

It is by now an open secret that current interpretations of the meaning of the equal protection clause of the Fourteenth Amendment, and of its relevance and mandate for contemporary problems of racial, gender, and economic justice, are deeply and, in a sense, hopelessly conflicted. The conflict, simply stated, is this: to the current Supreme Court, and to a sizeable and influential number of constitutional theorists, the "equal protection of the laws" guaranteed by the Constitution is essentially a guarantee that the categories delineated by legal rules will be "rational" and will be rationally related to legitimate state ends. To …

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The First Amendment, Burt Neuborne Jan 1991

The First Amendment, Burt Neuborne

Touro Law Review

No abstract provided.

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Equal Protection Jan 1991

Equal Protection

Touro Law Review

No abstract provided.

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A Comparison Of A Mentally Ill Individual's Right To Refuse Medication Under The United States And The New York State Constitutions, William M. Brooks Jan 1991

A Comparison Of A Mentally Ill Individual's Right To Refuse Medication Under The United States And The New York State Constitutions, William M. Brooks

Touro Law Review

No abstract provided.

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