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Introduction, Stephen C. Ferruolo 2015 University of San Diego

Introduction, Stephen C. Ferruolo

San Diego Law Review

When Lynne Lasry, President of the Law Alumni Board, suggested we celebrate the 60th anniversary of the University of San Diego School of Law with a public program on Brown v. Board of Education, which was decided on May 17, 1954, just a month after the law school welcomed its first class in April 1954, I enthusiastically endorsed the idea. However, I have to admit that I did not foresee just how fitting commemorating these two milestones would become and what a significant opportunity it would be to both celebrate what our law school has achieved in its relatively short …


Juridical Subordination, Roy L. Brooks, Kelly C. Smith 2015 University of San Diego

Juridical Subordination, Roy L. Brooks, Kelly C. Smith

San Diego Law Review

The purpose of this Article is to play out the various conceptualizations of the black equality interest in post-civil rights America. How is the claim of juridical subordination manifested in current Supreme Court cases, and what might civil rights law look like if the Court were to avoid juridical subordination? Our ambition is not to analyze every landmark Supreme Court civil rights case—page limitations prevent us from doing that—but to provide a framework for analysis, setting the table for the juridical subordination inquiry. Furthermore, we do not here attempt to reconcile the disparate ways in which the black equality norm …


Race And Crime Sixty Years After Brown V. Board Of Education, Donald A. Dripps 2015 University of San Diego

Race And Crime Sixty Years After Brown V. Board Of Education, Donald A. Dripps

San Diego Law Review

Whether the Court, let alone the electorate, has the political will to start down this path is another question. But I remind myself that Dr. King did not despair in his Birmingham jail cell, that Ruth Bader Ginsburg did not despair when asked by the Dean of the Harvard Law School why she was taking a place from a man, and that Evan Wolfson did not despair when the high Court declared that any claim of a constitutional right to private sex between consenting adults was “at best, facetious.”

Ever since abolitionism, the heroes of every American civil rights movement …


Brown, Fisher, And The Necessity Of Context To Achieve Racial Equity In Public Institutions, Kiyana Davis Kiel 2015 University of San Diego

Brown, Fisher, And The Necessity Of Context To Achieve Racial Equity In Public Institutions, Kiyana Davis Kiel

San Diego Law Review

The United States Constitution is a social, as well as legal, document and should be interpreted and applied as such. Context is crucial in constitutional interpretations. The law cannot and should not exist in a vacuum. When interpreting the Constitution, the lasting and pervasive impact of structural and institutional racism and the undercurrents of white privilege should not be ignored. In other words, when interpreting the Constitution, the civil rights of non-white society members must be acknowledged and addressed. Purely literal interpretations of law must give way to both legal—precedential—and societal contexts and, in particular, racial equity in the context …


The Battle Of The Branches: The Impact Of The Judiciary And Title Vi On Desegregation In The American Public School System, Kelsey D. McCarthy 2015 University of San Diego

The Battle Of The Branches: The Impact Of The Judiciary And Title Vi On Desegregation In The American Public School System, Kelsey D. Mccarthy

San Diego Law Review

This Comment analyzes the debate regarding the catalyst for desegregation in the American public school system: judicial intervention or Congress’s legislative action, specifically through implementation of Title VI, which authorized revocation of funds to school districts that did not comply with the desegregation mandate. Part I will summarize the historical events and developments that paved the way to the Supreme Court’s decision in Brown. Part II looks at how the Brown decision alone was not enough to effectuate immediate change in southern schools, despite the court’s order in the second Brown decision, Brown v. Board of Education (Brown II) that …


Teaching "Ferguson", Chad Flanders 2015 Saint Louis University School of Law

Teaching "Ferguson", Chad Flanders

All Faculty Scholarship

What we now refer to simply as "Ferguson" erupted in August of 20T4 and immediately raised a cluster o f legal issues. What crime had Michael Brown allegedly committed? Did Officer Darren Wilson commit a crime when he shot at Brown? Protests ensued, and they in turn inspired a police response, a response that seemed to many more violent than the protests themselves. What of the First Amendment rights o f the protesters and o f the journalists covering them? What laws were they-protestors and some journalists-supposedly breaking?1

As the days and weeks passed, the legal issues multiplied, and …


Beyond Marriage Equality Symposium, Roger Williams University School of Law 2015 Roger Williams University

Beyond Marriage Equality Symposium, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Dispute Resolution Lessons Gleaned From The Arrest Of Professor Gates And "The Beer Summit", Elayne E. Greenberg 2015 St. John's University School of Law

Dispute Resolution Lessons Gleaned From The Arrest Of Professor Gates And "The Beer Summit", Elayne E. Greenberg

Journal of Civil Rights and Economic Development

No abstract provided.


Newsroom: Lgbt Equality: The Challenges Ahead, Roger Williams University School of Law 2015 Roger Williams University

Newsroom: Lgbt Equality: The Challenges Ahead, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Trending @ Rwu Law: Christopher Gerlica's Post: Beyond Same-Sex Marriage, Christopher Gerlica 2015 Roger Williams University School of Law

Trending @ Rwu Law: Christopher Gerlica's Post: Beyond Same-Sex Marriage, Christopher Gerlica

Law School Blogs

No abstract provided.


Reply Brief For Plaintiff-Appellant Guy Zappulla, Betsy Ginsberg 2015 Benjamin N. Cardozo School of Law

Reply Brief For Plaintiff-Appellant Guy Zappulla, Betsy Ginsberg

Amicus Briefs

Betsy Ginsberg filed a Reply Brief for Plaintiff-Appellant Guy Zappulla.


2015 Esther Clark Moot Court Competition: Finals, Roger Williams University School of Law 2015 Roger Williams University

2015 Esther Clark Moot Court Competition: Finals, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Incorporation, Total Incorporation, And Nothing But Incorporation?, Christopher R. Green 2015 William & Mary Law School

Incorporation, Total Incorporation, And Nothing But Incorporation?, Christopher R. Green

William & Mary Bill of Rights Journal

Kurt T. Lash’s The Fourteenth Amendment and the Privileges and Immunities of American Citizenship (2014) defends the view that the Fourteenth Amendment’s “privileges or immunities of citizens of the United States” cover only rights enumerated elsewhere in the Constitution. My own book, however, Equal Citizenship, Civil Rights, and the Constitution: The Original Sense of the Privileges or Immunities Clause (2015), reads the Clause to guarantee equality broadly among similarly situated citizens of the United States. Incorporation of an enumerated right into the Fourteenth Amendment requires, I say, national consensus such that an outlier state’s invasion of the right would produce …


Habeas Corpus Petitions In Federal And Tribal Courts: A Search For Individualized Justice, Carrie E. Garrow 2015 William & Mary Law School

Habeas Corpus Petitions In Federal And Tribal Courts: A Search For Individualized Justice, Carrie E. Garrow

William & Mary Bill of Rights Journal

No abstract provided.


Newsroom: Judge Clifton On Fairness, Equality, Rwu Law, Roger Williams University School of Law 2015 Roger Williams University

Newsroom: Judge Clifton On Fairness, Equality, Rwu Law, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Newsroom: Logan Honored For Diversity, Equal Justice, Roger Williams University School of Law 2015 Roger Williams University

Newsroom: Logan Honored For Diversity, Equal Justice, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Jennifer Reis, Robert Sammons 2015 Morehead State University

Jennifer Reis, Robert Sammons

Audio & Video History Collection

No abstract provided.


Kim Davis Part 1, Robert Sammons 2015 Morehead State University

Kim Davis Part 1, Robert Sammons

Audio & Video History Collection

No abstract provided.


Melinda Andrews, Robert Sammons 2015 Morehead State University

Melinda Andrews, Robert Sammons

Audio & Video History Collection

No abstract provided.


Mary Hargis, Robert Sammons 2015 Morehead State University

Mary Hargis, Robert Sammons

Audio & Video History Collection

No abstract provided.


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