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Articles 241 - 270 of 337
Full-Text Articles in Civil Rights and Discrimination
Comment On Donald Nieman's Paper, Randall Kennedy
Comment On Donald Nieman's Paper, Randall Kennedy
Cardozo Law Review
I have two responses to Professor Neiman's paper. One emphasizes a point he makes. The other disagrees a bit with his reading of the promise of Reconstruction.
Toward A Pragmatic Model Of Judicial Decisionmaking: Why Tort Law Provides A Better Framework Than Constitutional Law For Deciding The Issue Of Medical Futility, Brent D. Lloyd
Seattle University Law Review
Recognizing that courts will eventually have to confront the issue of medical futility, this Comment argues that there is no principled basis for omitting these difficult questions from a legal analysis of the issue and that courts should therefore decide the issue in a manner that honestly confronts them. Specifically, the argument advanced here is that courts confronted with cases of medical futility should decide the issue under principles of tort law, rather than under principles of constitutional law. The crux of this argument is that tort principles provide an open-ended analytical framework conducive to considering troublesome questions like those …
The United Kingdom, The European Court Of Human Rights, And Constitutional Review, A. W. Bradley
The United Kingdom, The European Court Of Human Rights, And Constitutional Review, A. W. Bradley
Cardozo Law Review
The aim of this Article is to consider whether there is now in the United Kingdom the embryo of a procedure for constitutional review that results from the United Kingdom's adherence to the European Convention on Human Rights as well as the burgeoning case law being developed by the European Court of Human Rights. To the extent that such an embryo exists, I hope to show that this is a development which has not been directly willed by the United Kingdom Parliament, nor by successive United Kingdom governments. Assuming that this process deserves to be described as piecemeal constitution making, …
Political And Social Construction Of Families Through Pedagogy In Family Law Classrooms, Lundy Langston
Political And Social Construction Of Families Through Pedagogy In Family Law Classrooms, Lundy Langston
Journal Publications
Most family law materials available today fail to reflect the diversity' of family arrangements in modem society. Traditionally, family law is taught as a rules-based area of law. Students learn the requirements of marriage and the grounds for and consequences of divorce. Currently, there are efforts to expand the codification of family law through such things as support guidelines, uniform acts, and legislation listing specific factors to be considered in custody and property distribution cases. Many of these efforts stem from the underlying assumption that there is a uniform methodology describing and defining doctrine appropriate for resolution of family related …
Judicial Recantation, Mark A. Graber
The Bar Against Challenges To Employment Discrimination Consent Decrees: A Public Choice Perspective, John O. Mcginnis
The Bar Against Challenges To Employment Discrimination Consent Decrees: A Public Choice Perspective, John O. Mcginnis
Articles
No abstract provided.
The 1991 Supreme Court Term: Review And Outlook, John O. Mcginnis
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 …
Where's The Politics?: Introduction To Williams, Eastland, Days, And Rabkin, Neal Devins
Where's The Politics?: Introduction To Williams, Eastland, Days, And Rabkin, Neal Devins
William & Mary Law Review
No abstract provided.
The Survival Of Racism Under The Constitution, Juan Williams
The Survival Of Racism Under The Constitution, Juan Williams
William & Mary Law Review
No abstract provided.
Gideon V. Wainwright Revisited: What Does The Right To Counsel Guarantee Today?, Michael B. Mushlin
Gideon V. Wainwright Revisited: What Does The Right To Counsel Guarantee Today?, Michael B. Mushlin
Elisabeth Haub School of Law Faculty Publications
In Gideon v. Wainwright, the Supreme Court unanimously held that indigent state felony defendants are constitutionally entitled to the appointment of trial counsel. The opinion aroused wide support, and even enthusiasm, almost from the moment it was announced in 1963. Two and a half decades later this support has not diminished. However, are the words of praise only lip service to the noble idea of the right to counsel? Has Gideon really made a difference? Has its promise of a fair shake for poor criminal defendants been kept, or has Gideon meant only that defendants are provided with the fleeting …
Inventing Judicial Review: Israel And America, Robert A. Burt
Inventing Judicial Review: Israel And America, Robert A. Burt
Cardozo Law Review
No abstract provided.
Section 1983 And The Due Process Clause: Crossing The Constitutional Line, Linda G. Gay
Section 1983 And The Due Process Clause: Crossing The Constitutional Line, Linda G. Gay
Cardozo Law Review
No abstract provided.
Robert H. Bork's Civil Rights Record, Gary B. Born
Robert H. Bork's Civil Rights Record, Gary B. Born
Cardozo Law Review
No abstract provided.
Freedom Of Speech And Racism, David Kretzmer
United States V. Paradise, Lewis F. Powell Jr.
United States V. Paradise, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
The Judicial Protection Of Unenumerated Constitutional Rights, Gene R. Nichol
The Judicial Protection Of Unenumerated Constitutional Rights, Gene R. Nichol
Popular Media
No abstract provided.
The Transformation Of The Fourteenth Amendment: Reflections From The Admission Of Maryland's First Black Lawyers, David S. Bogen
The Transformation Of The Fourteenth Amendment: Reflections From The Admission Of Maryland's First Black Lawyers, David S. Bogen
Faculty Scholarship
October 10, 1985, was the one hundredth anniversary of the admission to the bar of the Supreme Bench of Baltimore City of Everett J. Waring, the first black lawyer admitted to practice before the state courts in Maryland. This article explores the efforts of African-American lawyers to establish the right to practice law in Maryland and their role in the larger struggle for political and civil rights.
Substantive Due Process And The Scope Of Constitutional Torts, Michael L. Wells, Thomas A. Eaton
Substantive Due Process And The Scope Of Constitutional Torts, Michael L. Wells, Thomas A. Eaton
Scholarly Works
The thesis of this Article is that both the Supreme Court and its critics have failed to identify and confront the central issue presented by these due process constitutional tort cases. That issue is neither procedural fairness nor the choice between state and federal courts. It is deciding whether a government-inflicted injury to life, liberty, or property violates the substantive protections of the due process clauses and thereby warrants a constitutionally derived tort remedy. In Part II of this Article we examine the Supreme Court's decisions in this area, focusing primarily on Parratt v. Taylor. We demonstrate that neither Parratt …
Apartheid Baltimore Style: The Residential Segregation Ordinances Of 1910-1913, Garrett Power
Apartheid Baltimore Style: The Residential Segregation Ordinances Of 1910-1913, Garrett Power
Faculty Scholarship
On May 15, 1911, Baltimore Mayor J. Barry Mahool signed into law an ordinance for “preserving the peace, preventing conflict and ill feeling between the white and colored races in Baltimore City.” This ordinance provided for the use of separate blocks by African American and whites and was the first such law in the nation directly aimed at segregating black and white homeowners. This article considers the historical significance of Baltimore’s first housing segregation law.
"The Right Of The People": Reconciling Collective And Individual Interests Under The Fourth Amendment, Donald L. Doernberg
"The Right Of The People": Reconciling Collective And Individual Interests Under The Fourth Amendment, Donald L. Doernberg
Elisabeth Haub School of Law Faculty Publications
Professor Doernberg examines a tension within fourth amendment jurisprudence and sugqests a means of resolving it. On the one hand, the Supreme Court has conferred fourth amendment standing only upon those whose personal privacy interests have been disturbed. On the other hand, the Court has allowed such persons to invoke the exclusionary rule only in circumstances where, in the Court's view, it would serve as an effective deterrent. Professor Doernberg traces these two po1icies to different conceptions of the fourth amendment: the first interprets the amendment as a guarantor of individual rights; the second construes it as an instrument for …
The Right Of Confrontation: Part I, Paul C. Giannelli
The Right Of Confrontation: Part I, Paul C. Giannelli
Faculty Publications
No abstract provided.
The Right Of Confrontation: Part Ii, Paul C. Giannelli
The Right Of Confrontation: Part Ii, Paul C. Giannelli
Faculty Publications
No abstract provided.
The Right To Defense Experts, Paul C. Giannelli
The Right To Defense Experts, Paul C. Giannelli
Faculty Publications
No abstract provided.
Washington V. Seattle School District No. 1, Lewis F. Powell Jr.
Washington V. Seattle School District No. 1, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
North Haven Board Of Education V. Bell, Lewis Powell Jr.
North Haven Board Of Education V. Bell, Lewis Powell Jr.
Supreme Court Case Files
No abstract provided.
City Of Mobile, Alabama V. Bolden, Lewis F. Powell Jr.
City Of Mobile, Alabama V. Bolden, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
The Covenant On Civil And Political Rights As The Law Of The Land, Alice A. Noble
The Covenant On Civil And Political Rights As The Law Of The Land, Alice A. Noble
Villanova Law Review (1956 - )
No abstract provided.
Civil Rights - Employment Discrimination - Employer May Establish Voluntary Affirmative Action Program Within Area Of Discretion Granted By Title Vii, Penny Tannenbaum
Civil Rights - Employment Discrimination - Employer May Establish Voluntary Affirmative Action Program Within Area Of Discretion Granted By Title Vii, Penny Tannenbaum
Villanova Law Review (1956 - )
No abstract provided.
Federal Courts - 42 U.S.C. 1983 - Suing Municipalities Under 42 U.S.C. 1983: The Impact Of Monell V. Department Of Social Services, Howard M. Klein
Federal Courts - 42 U.S.C. 1983 - Suing Municipalities Under 42 U.S.C. 1983: The Impact Of Monell V. Department Of Social Services, Howard M. Klein
Villanova Law Review (1956 - )
No abstract provided.
Columbus Board Of Education V. Penick, Lewis F. Powell Jr.
Columbus Board Of Education V. Penick, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.