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Articles 2761 - 2790 of 3251
Full-Text Articles in Constitutional Law
Rouge Et Noir Reread: A Popular Constitutional History Of The Angelo Herndon Case, Kendall Thomas
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 …
The Role Of Institutional Factors In Protecting Individual Liberties, Thomas W. Merrill
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 …
The Breath Of The Unfee'd Lawyer: Statutory Fee Limitations And Ineffective Assistance Of Counsel In Capital Litigation, Albert L. Vreeland Ii
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 …
The New York Law School Reporter, Vol. 9, No. 3, November, 1991, New York Law School
The New York Law School Reporter, Vol. 9, No. 3, November, 1991, New York Law School
Student Newspapers
No abstract provided.
Looking Back At City Of Richmond V. J.A. Croson Co.: Its Effects On State And Local Set-Aside Programs, Bryan B. Chambers
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.
Operation Rescue: Was The Justice Dept. Right To Intervene In Wichita?, Gary S. Lawson, Celeste Lacy Davis, Eve W. Paul
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.
Partisan Gerrymandering: A New Concept For Florida's 1992 Reapportionment, Bill L. Bryant, Katherine E. Giddings, Mark E. Kaplan
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.
The Effects Of Intent: Do We Know How Legal Standards Work?, Theodore Eisenberg, Sheri Lynn Johnson
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.
Confessions, Criminals, And Community, Sheri Lynn Johnson
Confessions, Criminals, And Community, Sheri Lynn Johnson
Cornell Law Faculty Publications
No abstract provided.
Metro Broadcasting, Inc. V Fcc: Affirmative Action At The Crossroads Of Constitutional Liberty And Equality, Michel Rosenfeld
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.
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.
Affirmative Action, Douglas D. Scherer
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
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
Scholarly Works
No abstract provided.
Book Review. Belonging To America, Lauren K. Robel
Book Review. Belonging To America, Lauren K. Robel
Articles by Maurer Faculty
No abstract provided.
Thurgood Marshall And The Administrative State, Jonathan Weinberg
Thurgood Marshall And The Administrative State, Jonathan Weinberg
Law Faculty Research Publications
No abstract provided.
The Ideal Of Liberty: A Comment On Michael H. V. Gerald D., Robin West
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, …
Review Of Affirmative Action After Metro Broadcasting V. Fcc: The Solution Almost Nobody Wanted, Douglas O. Linder
Review Of Affirmative Action After Metro Broadcasting V. Fcc: The Solution Almost Nobody Wanted, Douglas O. Linder
Faculty Works
No abstract provided.
Indian Reservations And The Preservation Of Tribal Culture: Beyond Wardship To Stewardship, John W. Ragsdale Jr
Indian Reservations And The Preservation Of Tribal Culture: Beyond Wardship To Stewardship, John W. Ragsdale Jr
Faculty Works
No abstract provided.
Toward An Abolitionist Interpretation Of The Fourteenth Amendment, Robin West
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 …
The First Amendment, Burt Neuborne
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
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.
Limiting Disclosure Of Rape Victims' Identities, Paul Marcus, Tara L. Mcmahon
Limiting Disclosure Of Rape Victims' Identities, Paul Marcus, Tara L. Mcmahon
Faculty Publications
No abstract provided.
To Stimulate, Provoke, Or Incite? Hate Speech And The First Amendment, Kenneth Lasson
To Stimulate, Provoke, Or Incite? Hate Speech And The First Amendment, Kenneth Lasson
All Faculty Scholarship
If protecting freedom of speech is one of mankind's noblest pursuits, then restricting it is the most difficult. Yet limit we must: even the purest civil libertarian will concede that false shouts of fire cannot be countenanced nor broadcasts of wartime troop movements; even those who object to obscenity laws recognize the need for enabling redress of libel; and even those who would protect the right to be insulting do not defend inflammatory words spit out nose-to-nose. Now a spate of "speech codes" on college campuses has once again brought the first amendment to the fore, part of a simmering …
Levels Of Generality In The Definition Of Rights, Laurence H. Tribe, Michael C. Dorf
Levels Of Generality In The Definition Of Rights, Laurence H. Tribe, Michael C. Dorf
Cornell Law Faculty Publications
This article focuses on one important aspect of the quest for constitutional meaning: how to determine whether a particular liberty-whether or not expressly enumerated in the Bill of Rights-is a "fundamental" right. Whether under the somewhat tarnished banner of substantive due process or under a different rubric, the designation of a right as fundamental requires that the state offer a compelling justification for limitations of that right. In addition, under the Equal Protection Clause of the Fourteenth Amendment, state-sanctioned inequalities that bear upon the exercise of a fundamental right will be upheld only if they serve a compelling governmental interest. …
Remarks Made At The Second Circuit Judicial Conference, September 8, 1989, Thurgood Marshall
Remarks Made At The Second Circuit Judicial Conference, September 8, 1989, Thurgood Marshall
Trotter Review
For many years, no institution of American government has been as close a friend to civil rights as the United States Supreme Court. Make no mistake: I do not mean for a moment to denigrate the quite considerable contributions to the enhancement of civil rights by presidents, the Congress, other federal courts, and the legislatures and judiciaries of many states. It is now 1989, however, and we must recognize that the Court's approach to civil rights cases has changed markedly. The most recent Supreme Court opinions vividly illustrate this changed judicial attitude. In Richmond v. Croson, the Court took …
Pure Politics, Girardeau A. Spann
Pure Politics, Girardeau A. Spann
Michigan Law Review
Part I of this article considers the impact that judicial discretion has on the traditional model of judicial review, and that model's reliance on the Supreme Court as the primary guardian of minority interests. Part II argues that the interests of racial minorities can be better advanced through the ordinary political process than through the process of Supreme Court adjudication. Part Ill emphasizes that minority participation in Supreme Court proceedings cannot ultimately be avoided and, accordingly, suggests a political model of the Court that minorities can use in an effort to neutralize the Court's distortion of the political process. Part …
Applying Section 2 Of The Voting Rights Act To Single-Member Offices, Edward J. Sebold
Applying Section 2 Of The Voting Rights Act To Single-Member Offices, Edward J. Sebold
Michigan Law Review
This Note questions whether an exemption for single-member offices is justified. Part I provides a brief overview of the Voting Rights Act and the types of discrimination in the political process to which it applies., Part I then reviews the decisions on single-member offices, including the courts' attempts to define single-member offices. This Part concludes neither Congress nor the Supreme Court dictates an exemption for single-member offices. Instead, single-member offices should be open to challenge if they hamper the achievement of section 2's goals. Part II identifies the goals of section 2 by developing a number of theories to give …
The Fourteenth Amendment And The Bill Of Rights, Raoul Berger
The Fourteenth Amendment And The Bill Of Rights, Raoul Berger
BYU Law Review
No abstract provided.
Deshaney's Effect On Future "Poor Joshuas" -Whether A State Should Be Liable Under The Fourteenth Amendment For Harm Inflicted By A Private Individual, Lori Demond
BYU Law Review
No abstract provided.