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An Uncommon Good, 2021 DePaul University

An Uncommon Good

DePaul Magazine

DePaul College of Law alumna and civil rights attorney Karen Bass Ehler is dedicated to doing the most good for the most people. When an opportunity to join the Illinois Department of Public Health as general counsel during the COVID-19 pandemic, she left her corporate law position and took on the job. This article discusses her career trajectory, her daily work life, and her service to DePaul.


Shelter From The Storm: Human Rights Protections For Single-Mother Families In The Time Of Covid-19, Theresa Glennon, Alexis Fennell, Kaylin Hawkins, Madison McNulty 2021 William & Mary Law School

Shelter From The Storm: Human Rights Protections For Single-Mother Families In The Time Of Covid-19, Theresa Glennon, Alexis Fennell, Kaylin Hawkins, Madison Mcnulty

William & Mary Journal of Race, Gender, and Social Justice

COVID-19’s arrival, and the changes it has unleashed, reveal how longstanding legal and policy decisions produced structural inequalities that have left so many families, and especially single-parent families with children, all too insecure. The fragility of single-mother families is amplified by the multifaceted discrimination they face. While all single parents, including single fathers and other single relatives who are raising children, share many of these burdens, this Article focuses on the challenges confronting single mothers.

Federal policy choices stand in sharp contrast to the political rhetoric of government support for families. Social and economic policy in the twentieth century ...


A Government Of Laws That Is A Government Of Men And Women, Mark Tushnet 2021 Harvard University

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 ...


A Proper Burial, Robert L. Tsai 2021 Boston University

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 ...


Tainted Precedent, Darrell A.H. Miller 2021 Duke University

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 ...


There Was Nothing "Neutral" About Executive Order 9066, Eric L. Muller 2021 University of North Carolina

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 ...


Korematsu, Hawaii, And Pedagogy, Sanford Levinson 2021 University of Texas at Austin

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 ...


Korematsu As The Tribute That Vice Pays To Virtue, Jack M. Balkin 2021 Yale University

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 thelaw 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 failed ...


Sober Second Thought? Korematsu Reconsidered, Mark R. Killenbeck 2021 University of Arkansas, Fayetteville

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 ...


Symposium: Giving Korematsu V. United States A Sober Second Thought, Nick Bell, Emily Levy, Julian Sharp 2021 University of Arkansas, Fayetteville

Symposium: Giving Korematsu V. United States A Sober Second Thought, Nick Bell, Emily Levy, Julian Sharp

Arkansas Law Review

We are elated to present Professor Mark Killenbeck’s thought provoking article, Sober Second Thought? Korematsu Reconsidered. Killenbeck dives into the Korematsu opinion and its history with great care to determine whether it truly “has no place in law under the Constitution” as Chief Justice John Roberts declared in Trump v. Hawaii.1 While Korematsu’s result provides an understandable “impulse to condemn” it, Killenbeck shows us that focusing solely on the case’s result “stands apart from and in stark contrast to its most important place in the constitutional order: articulation of precepts and terminology that provide the foundations ...


Bostock’S Paradox: Textualism, Legal Justice, And The Constitution, Marc Spindelman 2021 Michael E. Moritz College of Law, The Ohio State University

Bostock’S Paradox: Textualism, Legal Justice, And The Constitution, Marc Spindelman

Buffalo Law Review

The Supreme Court’s opinion in Bostock v. Clayton County, Georgia—recognizing that anti-gay and anti-trans discrimination are forms of sex discrimination under Title VII of the 1964 Civil Rights Act—has already gained a steady reputation as a textualist statutory interpretation decision. The reality of the ruling is far more complicated than that. Bostock is a textualist decision, but, as the argument here shows, Bostock also offers a construction of Title VII’s sex discrimination rule that sounds in a rule-of-law norm of legal justice about LGBT equality that itself traces roots to the Supreme Court’s constitutional LGBT ...


Interview: Black Lives Matter—A Discussion With Two Civil Rights Attorneys, Justin C. Trimachi 2021 Golden Gate University School of Law

Interview: Black Lives Matter—A Discussion With Two Civil Rights Attorneys, Justin C. Trimachi

Golden Gate University Law Review

Dr. Martin Luther King Jr. once said, “Human progress is neither automatic nor inevitable . . . every step towards the goal of justice requires sacrifice, suffering and struggle, the tireless exertions and passionate concern of dedicated individuals.” The Black Lives Matter (“BLM”) movement has a formal presence in the United States, the United Kingdom, and Canada. The founders’ outrage at the acquittal of George Zimmerman, who they believed murdered Trayvon Martin in 2013, fueled BLM’s mission to empower Black communities to intervene in the violence inflicted on those communities by both the State and vigilantes and to eradicate white supremacy. Further ...


Petitions From The Grave: Why Federal Executions Are A Violation Of The Suspension Clause, Taran Wessells 2021 William & Mary Law School

Petitions From The Grave: Why Federal Executions Are A Violation Of The Suspension Clause, Taran Wessells

William & Mary Bill of Rights Journal

This Note will address the intersection of wrongful convictions, the federal death penalty, and habeas corpus to conclude that the federal death penalty is an unconstitutional violation of the Suspension Clause of the United States Constitution. Part I of this Note will establish that Congress may not suspend the writ of habeas corpus outside of wartime. Then, Part II will show that wrongfully convicted prisoners therefore have a constitutional right to a habeas petition if they discover new, exonerating evidence. Part III will argue that because executed prisoners cannot file a habeas petition for release, executing wrongfully convicted prisoners is ...


The President And Individual Rights, Mark Tushnet 2021 William & Mary Law School

The President And Individual Rights, Mark Tushnet

William & Mary Bill of Rights Journal

No abstract provided.


Resilience Justice And Community-Based Green And Blue Infrastructure, Craig Anthony Arnold, Resilience Justice Project Researchers 2021 William & Mary Law School

Resilience Justice And Community-Based Green And Blue Infrastructure, Craig Anthony Arnold, Resilience Justice Project Researchers

William & Mary Environmental Law and Policy Review

The environmental conditions of marginalized communities, particularly low-income communities of color, make those communities disproportionately more vulnerable to major disturbances and changes, such as climate change, health crises, pollution releases, disasters, economic shocks, and social and political upheaval. Many of the most important movements for justice with respect to environmental conditions, including environmental justice, disaster justice, and climate justice, are connected to broader movements for racial and social justice, asserting that Black and Brown lives matter. These movements seek to confront, dismantle, and reform systems of racism, colonialism, and structural inequality.

In particular, low-income communities of color have inequitably less ...


Beyond “Children Are Different”: The Revolution In Juvenile Intake And Sentencing, Josh Gupta-Kagan 2021 University of Washington School of Law

Beyond “Children Are Different”: The Revolution In Juvenile Intake And Sentencing, Josh Gupta-Kagan

Washington Law Review

For more than 120 years, juvenile justice law has not substantively defined the core questions in most delinquency cases—when should the state prosecute children rather than divert them from the court system (the intake decision), and what should the state do with children once they are convicted (the sentencing decision)? Instead, the law has granted certain legal actors wide discretion over these decisions, namely prosecutors at intake and judges at sentencing. This Article identifies and analyzes an essential reform trend changing that reality: legislation, enacted in at least eight states in the 2010s, to limit when children can be ...


رسالة على منهج المنار (وريقات في اختصار منار النسفي), جعفر قصاص استاذ مساعد 2021 جامعة أم القرى - مكة المكرمة

رسالة على منهج المنار (وريقات في اختصار منار النسفي), جعفر قصاص استاذ مساعد

Journal of Al-Azhar University – Gaza (Humanities)

الملخص:

هذا البحث نتناول فيه بالدراسة والتحقيق رسالة في اختصار متن (المنار) لأبي البركات النسفي (ت710هـ)، لمحب الدين أبي القاسم محمد بن جُرُباش بن عبد الله الحنفي (توفي نحو 909هـ)، وقع اختيارنا عليها؛ لكونها لم تحقق ولم تطبع من قبل، ومؤلفها علامة متفنن، لم ينل حقه من التعريف والترجمة، وما تزال سائر مصنفاته مخطوطة، وقد أبان المصنف فيها عن إلمامه بأصول مذهبه، وقدرته على التعبير عنها بأسلوبه، وبراعته في اختصارها على طريقته.

هذا واعتمدنا في تحقيقها على نسخة خطية فريدة، استغرقت سبع صفحات، وقد بذلنا جهدًا كبيرًا في دراسة نصها وتحقيقه، واعتنينا بضبطه وتقويمه وتنظيمه؛ ليكون ...


House Bill 3: An Iou Texas Public Schools And Communities Of Color Cannot Afford, Candace L. Castillo 2021 St. Mary's University School of Law

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

Abstract forthcoming.


Modernizing Discrimination Law: The Adoption Of An Intersectional Lens, Marisa K. Sanchez 2021 St. Mary's University School of Law

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 2021 St. Mary's University School of Law

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.


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