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Articles 811 - 840 of 913

Full-Text Articles in Civil Rights and Discrimination

Dealing With Diversity: Changing Theories Of Discrimination, Deborah Calloway Jan 1995

Dealing With Diversity: Changing Theories Of Discrimination, Deborah Calloway

Faculty Articles and Papers

No abstract provided.


Reflections On From Slaves To Citizens Bondage, Freedom And The Constitution: The New Slavery Scholarship And Its Impact On Law And Legal Historiography, Robert J. Kaczorowski Jan 1995

Reflections On From Slaves To Citizens Bondage, Freedom And The Constitution: The New Slavery Scholarship And Its Impact On Law And Legal Historiography, Robert J. Kaczorowski

Faculty Scholarship

The thesis of Professor Donald Nieman's paper, "From Slaves to Citizens: African-Americans, Rights Consciousness, and Reconstruction," is that the nation experienced a revolution in the United States Constitution and in the consciousness of African Americans. According to Professor Nieman, the Reconstruction Amendments represented "a dramatic departure from antebellum constitutional principles,"' because the Thirteenth Amendment reversed the pre-Civil War constitutional guarantee of slavery and "abolish[ed] slavery by federal authority." The Fourteenth Amendment rejected the Supreme Court's "racially-based definition of citizenship [in Dred Scott v. Sandford4], clearly establishing a color-blind citizenship” and the Fifteenth Amendment "wrote the principle of equality into the …


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 …


Civil Liberties And Civil War: The Great Emancipator As Civil Libertarian, Paul Finkelman May 1993

Civil Liberties And Civil War: The Great Emancipator As Civil Libertarian, Paul Finkelman

Michigan Law Review

A Review of The Fate of Liberty: Abraham Lincoln and Civil Liberties by Mark E. Neely, Jr.


The Future Of Fair Housing Litigation, 26 J. Marshall L. Rev. 745 (1993), Robert G. Schwemm Jan 1993

The Future Of Fair Housing Litigation, 26 J. Marshall L. Rev. 745 (1993), Robert G. Schwemm

UIC Law Review

No abstract provided.


Equality And Diversity: The Eighteenth-Century Debate About Equal Protection And Equal Civil Rights, Philip A. Hamburger Jan 1993

Equality And Diversity: The Eighteenth-Century Debate About Equal Protection And Equal Civil Rights, Philip A. Hamburger

Faculty Scholarship

Living, as we do, in a world in which our discussions of equality often lead back to the desegregation decisions, to the Fourteenth Amendment, and to the antislavery debates of the 1830s, we tend to allow those momentous events to dominate our understanding of the ideas of equal protection and equal civil rights. Indeed, historians have frequently asserted that the idea of equal protection first developed in the 1830s in discussions of slavery and that it otherwise had little history prior to its adoption into the U.S. Constitution. Long before the Fourteenth Amendment, however – long before even the 1830s …


Are You Now Or Have You Ever Been A Member Of The Aclu, David Cole May 1992

Are You Now Or Have You Ever Been A Member Of The Aclu, David Cole

Michigan Law Review

A Review of In Defense of American Liberties: A History of the ACLU by Samuel Walker


Timeless Rules: Can Normative Closure And Legal Indeterminacy Be Reconciled?, Charles M. Yablon Mar 1992

Timeless Rules: Can Normative Closure And Legal Indeterminacy Be Reconciled?, Charles M. Yablon

Cardozo Law Review

No abstract provided.


Civil Rights In The Islamic Constitutional Tradition: Shared Ideals And Divergent Regimes, 25 J. Marshall L. Rev. 267 (1992), Abdullahi Ahmed An-Na' Im Jan 1992

Civil Rights In The Islamic Constitutional Tradition: Shared Ideals And Divergent Regimes, 25 J. Marshall L. Rev. 267 (1992), Abdullahi Ahmed An-Na' Im

UIC Law Review

No abstract provided.


Quotas, Politics, And Judicial Statesmanship: The Civil Rights Act Of 1991 And Powell's Bakke, Mark H. Grunewald Jan 1992

Quotas, Politics, And Judicial Statesmanship: The Civil Rights Act Of 1991 And Powell's Bakke, Mark H. Grunewald

Washington and Lee Law Review

No abstract provided.


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 …


Speaking Of Rights, Janet Ainsworth Jan 1992

Speaking Of Rights, Janet Ainsworth

Faculty Articles

Professor Janet Ainsworth reviews Rights Talk: The Impoverishment of Political Discourse, by Mary Ann Glendon. The thesis of Mary Ann Glendon's book is a provocative one: that the way in which Americans talk about rights is dangerous to our political and social well-being as a nation. Professor Ainsworth explores the specifics of rights discourse that Glendon describes, and provides a thorough critique of Rights Talk.


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.


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.


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.


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.


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.


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.


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 …


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

Confessions, Criminals, And Community, Sheri Lynn Johnson

Cornell Law Faculty Publications

No abstract provided.


The Civil Rights Hydra, Neal Devins May 1991

The Civil Rights Hydra, Neal Devins

Michigan Law Review

A Review of The Civil Rights Era by Hugh Davis Graham


The Plessy Case: A Legal-Historical Interpretation, David D. Meyer May 1989

The Plessy Case: A Legal-Historical Interpretation, David D. Meyer

Michigan Law Review

A Review of The Plessy Case: A Legal-Historical Interpretation by Charles A. Lofgren


The First Integration Of The University Of Maryland School Of Law, David S. Bogen Jan 1989

The First Integration Of The University Of Maryland School Of Law, David S. Bogen

Faculty Scholarship

No abstract provided.


Freedom Of Expression In A Pluralistic Society, James W. Nickel Jan 1989

Freedom Of Expression In A Pluralistic Society, James W. Nickel

Articles

No abstract provided.


Affirmative Action: Protecting The Untenured Minority Professor During Extreme Financial Exigency, Johnny C. Parker, Linda C. Parker Oct 1988

Affirmative Action: Protecting The Untenured Minority Professor During Extreme Financial Exigency, Johnny C. Parker, Linda C. Parker

North Carolina Central Law Review

No abstract provided.


Updating Statutory Interpretation, T. Alexander Aleinikoff Oct 1988

Updating Statutory Interpretation, T. Alexander Aleinikoff

Michigan Law Review

This month the Supreme Court will hear reargument in Patterson v. McLean Credit Union on the question of whether section 1981 prohibits discrimination by private parties. Professor Aleinikoff examines in depth the first issue raised by Professor Farber. Using metaphors of the archeological and the nautical Professor Aleinikoff describes theories of originalism and their application to statutory interpretation. Concluding that there are nonoriginalist (or nonarcheological) elements implicit in these theories, he proceeds to consider how an explicitly nonoriginalist (or nautical) theory of interpretation might work He concludes by commenting on the application of such a theory to Patterson.


The Naacp's Legal Strategy Against Segregated Education, Robert L. Carter May 1988

The Naacp's Legal Strategy Against Segregated Education, Robert L. Carter

Michigan Law Review

A Review of The NAACP's Legal Strategy Against Segregated Education, 1925-1950 by Mark Tushnet


Johnson V. Transportation Agency: The United States Supreme Court Weighs Statistical Imbalance In Favor Of Affirmative Action, 21 J. Marshall L. Rev. 593 (1988), Denise C. Hockley-Cann Jan 1988

Johnson V. Transportation Agency: The United States Supreme Court Weighs Statistical Imbalance In Favor Of Affirmative Action, 21 J. Marshall L. Rev. 593 (1988), Denise C. Hockley-Cann

UIC Law Review

No abstract provided.


The Continuing Problem Of Statutes Of Limitations In Section 1983 Cases: Is The Answer Out At Sea, 22 J. Marshall L. Rev. 285 (1988), Robert M. Jarvis, Judith Anne Jarvis Jan 1988

The Continuing Problem Of Statutes Of Limitations In Section 1983 Cases: Is The Answer Out At Sea, 22 J. Marshall L. Rev. 285 (1988), Robert M. Jarvis, Judith Anne Jarvis

UIC Law Review

No abstract provided.


Enforcement Provisions Of The Civil Rights Act Of 1866: A Legislative History In Light Of Runyon V. Mccrary, The Review Essay And Comments: Reconstructing Reconstruction, Robert J. Kaczorowski Jan 1988

Enforcement Provisions Of The Civil Rights Act Of 1866: A Legislative History In Light Of Runyon V. Mccrary, The Review Essay And Comments: Reconstructing Reconstruction, Robert J. Kaczorowski

Faculty Scholarship

The purpose of this Comment is to examine the history of the enactment and early enforcement of the Civil Rights Act of 1866 from the perspective of the remedies Congress sought to provide to meet the problems that necessitated the legislation. Its main foci are the statute's enforcement provisions and their early implementation, an aspect of the history of the statute that has not been fully considered in relation to section one, the provision that has received the most scholarly attention. The occasion of this study is the Supreme Court's reconsideration of Runyon v. McCrary' in Patterson v. McLean Credit …