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Articles 721 - 750 of 2111
Full-Text Articles in Law and Society
A Government Of Laws That Is A Government Of Men And Women, Mark Tushnet
A Government Of Laws That Is A Government Of Men And Women, Mark Tushnet
Arkansas Law Review
I take Mark Killenbeck’s “provocative” article as an occasion for some informal comments about what Korematsu and Trump v. Hawaii tell us about the saying, “a government of laws, not a government of men and women.” My basic thought is that the “not” in the saying has to be replaced “but also.” And, in some sense we have always had to have known that the saying was wrong as stated. Whatever the laws are, they don’t make themselves. Nor do they administer themselves, nor interpret themselves. Men and women appear at the stages of enactment, application, and adjudication. So, for …
A Proper Burial, Robert L. Tsai
A Proper Burial, Robert L. Tsai
Arkansas Law Review
In his article, Professor Mark Killenbeck defends both Korematsu v. United States and Trump v. Hawaii on their own terms, albeit on narrow grounds. He goes on to conclude that comparisons of the two decisions don’t hold up. Killenbeck has authored a thoughtful and contrarian paper, but I’m not sold. In my view, Korematsu simply isn’t worth saving; in fact, a more complete repudiation of the internment decisions is overdue. Trump v. Hawaii, too, must also be revisited at the earliest opportunity and its more alarming features that abet presidential discrimination against non-citizens rejected. Moreover, I believe that comparisons between …
Tainted Precedent, Darrell A.H. Miller
Tainted Precedent, Darrell A.H. Miller
Arkansas Law Review
We have a common law system of constitutional adjudication, at least in the sense that constitutional practice in the United States relies on prior rulings rather than reasoning from first principles in each case. If there’s controlling precedent on point, it’s binding. Neither “inferior courts” in the federal system, nor state courts adjudicating federal law, are permitted to start anew with the “original public meaning” of the First Amendment or pronounce a fresh Dworkinian “moral reading” of the Fourth. Even the highest court in the land, the Supreme Court of the United States, for reasons of reputation, stability, and rule …
There Was Nothing "Neutral" About Executive Order 9066, Eric L. Muller
There Was Nothing "Neutral" About Executive Order 9066, Eric L. Muller
Arkansas Law Review
There is no more appropriate place to discuss the Japanese American cases of World War II than in the pages of the Arkansas Law Review. This is not only because Arkansas was the only state outside the Western Defense Command to host not one but two of the War Relocation Authority’s (WRA) concentration camps for Japanese Americans. It is because one of the most important lawyers to oversee the development and administration of all the WRA camps was the dean under whose leadership this law review was founded: Robert A. Leflar. Leflar’s is not a name that constitutional lawyers are …
Korematsu, Hawaii, And Pedagogy, Sanford Levinson
Korematsu, Hawaii, And Pedagogy, Sanford Levinson
Arkansas Law Review
I begin with some reflections on my own career in teaching—or, perhaps, attempting to teach—American constitutional law to generations of students from 1975 to the present. Or, more accurately, until about three years ago, when I taught introductory constitutional law for the last time. I am quite happy to no longer be teaching that course, whatever joys it did provide me in the past, for a very simple reason: I became more and more frustrated by the demands of coverage, i.e., the duty to take up a variety of topics—including attendant cases and collateral materials—and the unfortunate certainty that what …
Korematsu As The Tribute That Vice Pays To Virtue, Jack M. Balkin
Korematsu As The Tribute That Vice Pays To Virtue, Jack M. Balkin
Arkansas Law Review
Mark Killenbeck wants to (partially) rehabilitate the reputation of one of the Supreme Court’s most despised legal decisions, Korematsu v. United States. He argues that “[w]e should accept and teach Korematsu as an exemplar of what the law regarding invidious discrimination on the basis of race, ethnicity, and national origin should be.” In both Korematsu (and Hirabayashi v. United States) the Court asserted that classifications based on race were subject to strict scrutiny. But “[t]he majority,” Killenbeck explains, “refused to heed their own mandate. In Hirabayashi they held that the government policy was ‘reasonable.’ In Korematsu, . . . they …
Sober Second Thought? Korematsu Reconsidered, Mark R. Killenbeck
Sober Second Thought? Korematsu Reconsidered, Mark R. Killenbeck
Arkansas Law Review
How to best describe and treat Korematsu v. United States? A self-inflicted wound? It is certainly an exemplar of a case that in key respects tracks Justice Stephen Breyer’s caution about decisions that have “harm[ed] not just the Court, but the Nation.” Part of an “Anticanon,” resting on “little more than naked racism and associated hokum” and “embod[ying] a set of propositions that all legitimate constitutional decisions must be prepared to refute”? Perhaps. Or is it simply an opinion and result that “has long stood out as a stain that is almost universally recognized as a shameful mistake”?
Law School News: A Juneteenth Message From The Dean, Gregory W. Bowman
Law School News: A Juneteenth Message From The Dean, Gregory W. Bowman
Life of the Law School (1993- )
No abstract provided.
Tempering Glass Armor: A Demand For Improved Anti-Discrimination Housing Laws To Protect Homeless Transgender People, Jack Beasley
Tempering Glass Armor: A Demand For Improved Anti-Discrimination Housing Laws To Protect Homeless Transgender People, Jack Beasley
Student Scholarship
Homelessness is a nationwide problem that affects hundreds of thousands of people a year. Lesbian, gay, bisexual, transgender, and queer individuals face unique, additional issues in their day-to-day lives that heterosexual and cisgender individuals do not. Homeless shelters across the country are full of transgender youth and adults who are subject to more sexual violence, criminal acts, and discrimination than other homeless individuals in the same shelters. The Obama administration’s rule protecting homeless transgender people in shelters is in danger. In essence, Housing Secretary Ben Carson’s proposed rule would put homeless transgender people at a higher risk of discrimination. Agency …
How Far Will Fara Go? The Foreign Agents Registration Act And The Criminalization Of Global Human Rights Advocacy, Monica Romero
How Far Will Fara Go? The Foreign Agents Registration Act And The Criminalization Of Global Human Rights Advocacy, Monica Romero
Washington Law Review
The Foreign Agents Registration Act (FARA) was enacted and enforced during World War II to protect the American public from foreign propaganda, especially from the Nazi party. Following the war, FARA was scarcely used for over half a century. But in the past five years, there has been a significant uptick in FARA enforcement, particularly against major political personalities. The revival of FARA has led many legislators and scholars to advocate for expansions of FARA’s scope and enforcement mechanisms in the name of national security. But most have failed to acknowledge the risk and likelihood of politicized enforcement. The United …
Visible Policing: Technology, Transparency, And Democratic Control, Hannah Bloch-Wehba
Visible Policing: Technology, Transparency, And Democratic Control, Hannah Bloch-Wehba
Faculty Scholarship
Law enforcement has an opacity problem. Police use sophisticated technologies to monitor individuals, surveil communities, and predict behaviors in increasingly intrusive ways. But legal institutions have struggled to understand—let alone set limits on—new investigative methods and techniques for two major reasons. First, new surveillance technology tends to operate in opaque and unaccountable ways, augmenting police power while remaining free of meaningful oversight. Second, shifts in Fourth Amendment doctrine have expanded law enforcement’s ability to engage in surveillance relatively free of scrutiny by courts or by the public. The result is that modern policing is not highly visible to oversight institutions …
Foreword, Patricia E. Roberts
Foreword, Patricia E. Roberts
The Scholar: St. Mary's Law Review on Race and Social Justice
Foreword written by Patricia E. Roberts upon her first year as the 10th dean of St. Mary's University School of Law in San Antonio, Texas.
House Bill 3: An Iou Texas Public Schools And Communities Of Color Cannot Afford, Candace L. Castillo
House Bill 3: An Iou Texas Public Schools And Communities Of Color Cannot Afford, Candace L. Castillo
The Scholar: St. Mary's Law Review on Race and Social Justice
A history of school finance litigation and legislation shows there are inherent and structural problems in Texas’s education finance system. Like many government and social structures, the Texas school finance system is built to benefit school districts that have greater access to wealth to begin with and creates inequalities between rich and poor populations as well as between people of color and Caucasians. House Bill 3 went into effect in 2019 and promises improvements to “recapture” calculations, increases in certain allotments, as well as salary increases for some Texas teachers. Some changes to education finance were sorely needed such as …
Undocumented Domestic Workers: A Penumbra In The Workforce, Abigail A. Roman
Undocumented Domestic Workers: A Penumbra In The Workforce, Abigail A. Roman
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Modernizing Discrimination Law: The Adoption Of An Intersectional Lens, Marisa K. Sanchez
Modernizing Discrimination Law: The Adoption Of An Intersectional Lens, Marisa K. Sanchez
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
The Termination Of Parental Rights In Texas: The Long Run Cut Short For Parents In Bexar County, Gabriel A. Narvaez
The Termination Of Parental Rights In Texas: The Long Run Cut Short For Parents In Bexar County, Gabriel A. Narvaez
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Trump’S Insurrection: Pandemic Violence, Presidential Incitement And The Republican Guarantee, Elizabeth M. Iglesias
Trump’S Insurrection: Pandemic Violence, Presidential Incitement And The Republican Guarantee, Elizabeth M. Iglesias
University of Miami Race & Social Justice Law Review
Our own experience has corroborated the lessons taught by the examples of other nations; . . . that seditions and insurrections are, unhappily, maladies as inseparable from the body politic as tumors and eruptions from the natural body; that the idea of governing at all times by the simple force of law (which we have been told is the only admissible principle of republican government), has no place but in the reveries of those political doctors whose sagacity disdains the admonitions of experimental instruction. Should such emergencies at any time happen under the national government, there could be no remedy …
Why Impoverished Discourse Gets A Slap On The Wrist: The Causes And Challenges Of Sexual Harassment Of Women In The Legal Profession, Kylene Slocum
Why Impoverished Discourse Gets A Slap On The Wrist: The Causes And Challenges Of Sexual Harassment Of Women In The Legal Profession, Kylene Slocum
DePaul Journal for Social Justice
No abstract provided.
#Seehername: Using Intersectionality And Storytelling To Bring Visibility To Black Women In Employment Discrimination And Police Brutality, Nia A.D. Langley
#Seehername: Using Intersectionality And Storytelling To Bring Visibility To Black Women In Employment Discrimination And Police Brutality, Nia A.D. Langley
DePaul Journal for Social Justice
No abstract provided.
Welcome Home? An Analysis Of Federal Housing Programs And Their Efficacy In Reducing Homelessness Among Domestic Violence Survivors, Courtney Veneri
Welcome Home? An Analysis Of Federal Housing Programs And Their Efficacy In Reducing Homelessness Among Domestic Violence Survivors, Courtney Veneri
DePaul Journal for Social Justice
No abstract provided.
From Brock Turner To Brian Banks: Protecting Victims And Preserving Due Process In The New Area Of Title Ix, Laura Perry
From Brock Turner To Brian Banks: Protecting Victims And Preserving Due Process In The New Area Of Title Ix, Laura Perry
DePaul Journal for Social Justice
No abstract provided.
Law School News: The Honorable Edward C. Clifton: Doctor Of Laws, Honoris Causa 05-17-2021, Michael M. Bowden
Law School News: The Honorable Edward C. Clifton: Doctor Of Laws, Honoris Causa 05-17-2021, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Law School News: Lynette Labinger: Doctor Of Laws, Honoris Causa 05-16-2021, Michael M. Bowden
Law School News: Lynette Labinger: Doctor Of Laws, Honoris Causa 05-16-2021, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Environmental Justice Class Action Rises Above The Rubbish: The Third Circuit Revives Common-Law Nuisance Remedies In Baptiste V. Bethlehem Landfill Co., Kyra G. Bradley
Environmental Justice Class Action Rises Above The Rubbish: The Third Circuit Revives Common-Law Nuisance Remedies In Baptiste V. Bethlehem Landfill Co., Kyra G. Bradley
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams
Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams
Honors Theses
The purpose of this research is to examine the political, social, and economic factors which have led to inhumane conditions in Mississippi’s correctional facilities. Several methods were employed, including a comparison of the historical and current methods of funding, staffing, and rehabilitating prisoners based on literature reviews. State-sponsored reports from various departments and the legislature were analyzed to provide insight into budgetary restrictions and political will to allocate funds. Statistical surveys and data were reviewed to determine how overcrowding and understaffing negatively affect administrative capacity and prisoners’ mental and physical well-being. Ultimately, it may be concluded that Mississippi has high …
Campus Free Speech In The Mirror Of Rising Anti-Semitism, Harry G. Hutchison
Campus Free Speech In The Mirror Of Rising Anti-Semitism, Harry G. Hutchison
St. Mary's Law Journal
Abstract forthcoming.
Profiling Beyond Race: Characteristics Associated With Traffic Stop Outcomes, Megan Anderson
Profiling Beyond Race: Characteristics Associated With Traffic Stop Outcomes, Megan Anderson
Electronic Theses and Dissertations
Research related to profiling and the outcome of traffic stops has generally focused on the race of the individuals involved. Little research has examined other characteristics, such as age and socioeconomic status, that may also play a role in traffic stop outcomes. The current study sought to address this limitation in two ways: (1) determine whether the characteristics of age, sex, race, social class, and demeanor are profiled during traffic stops and (2) whether these characteristics influenced the outcome of the traffic stops with regard to tickets and vehicle searches. Secondary data were utilized from the 2015 Police-Public Contact Survey. …
The Meaning Of Sex: Dynamic Words, Novel Applications, And Original Public Meaning, William N. Eskridge Jr., Brian G. Slocum, Stefan Th. Gries
The Meaning Of Sex: Dynamic Words, Novel Applications, And Original Public Meaning, William N. Eskridge Jr., Brian G. Slocum, Stefan Th. Gries
Michigan Law Review
The meaning of sex matters. The interpretive methodology by which the meaning of sex is determined matters Both of these were at issue in the Supreme Court’s recent landmark decision in Bostock v. Clayton County, where the Court held that Title VII protects lesbians, gay men, transgender persons, and other sexual and gender minorities against workplace discrimination. Despite unanimously agreeing that Title VII should be interpreted in accordance with its original public meaning in 1964, the opinions in Bostock failed to properly define sex or offer a coherent theory of how long-standing statutes like Title VII should be interpreted over …
Trade War, Ppe, And Race, Ernesto A. Hernandez-Lopez
Trade War, Ppe, And Race, Ernesto A. Hernandez-Lopez
Northwestern Journal of Law & Social Policy
Tariffs on Personal Protective Equipment (PPE), such as face masks and gloves, weaken the American response to COVID. The United States has exacerbated PPE shortages with Section 301 tariffs on these goods, part of a trade war with China. This has a disparate impact felt by minority communities because of a series of health inequity harms. COVID’s racial disparity appears in virus exposure, virus susceptibility, and COVID treatments. This Article makes legal, policy, and race-and-health arguments. Congress has delegated to the United States Trade Representative expansive authority to increase tariffs. This has made PPE supplies casualties of the trade war. …