Mapp V. Ohio Revisited: A Law Clerk's Diary,
2010
Emory University School of Law
Mapp V. Ohio Revisited: A Law Clerk's Diary, Polly J. Price
Faculty Articles
The 1960 Supreme Court Term laid the groundwork for the subsequent revolution in the relationship between state and federal law accomplished by the Supreme Court under Chief Justice Earl Warren. The "most famous search and seizure case in American history" - Mapp v. Ohio - would be decided that Term. Mapp held that the Fourth Amendment's protection against "unreasonable searches and seizures" required the exclusion of evidence found through an illegal search by state and local police officers, extending to the states a rule that had previously applied only to federal law enforcement. Mapp became a pivotal chapter in the …
The Future Of Disparate Impact,
2010
University of Michigan Law School
The Future Of Disparate Impact, Richard A. Primus
Articles
The Supreme Court's decision in Ricci v. DeStefano foregrounded the question of whether Title VIl's disparate impact standard conflicts with equal protection. This Article shows that there are three ways to read Ricci, one of which is likely fatal to disparate impact doctrine but the other two of which are not.
The Origins Of The Privileges Or Immunities Clause, Part I: “Privileges And Immunities” As An Antebellum Term Of Art,
2010
University of Richmond
The Origins Of The Privileges Or Immunities Clause, Part I: “Privileges And Immunities” As An Antebellum Term Of Art, Kurt T. Lash
Law Faculty Publications
Historical accounts of the Privileges or Immunities Clause of Section One of the Fourteenth Amendment generally assume that John Bingham based the text on Article IV of the original Constitution and that Bingham, like other Reconstruction Republicans, viewed Justice Washington’s opinion in Corfield v. Coryell as the definitive statement of the meaning of Article IV. According to this view, Justice Miller in the Slaughterhouse Cases failed to follow both framers’ intent and obvious textual meaning when he distinguished Section One’s privileges or immunities from Article IV’s privileges and immunities.
A close analysis of antebellum law, however, suggests that Justice Miller’s …
The Texas Mis-Step: Why The Largest Child Removal In Modern U.S. History Failed,
2010
Southern Methodist University, Dedman School of Law
The Texas Mis-Step: Why The Largest Child Removal In Modern U.S. History Failed, Jessica Dixon Weaver
Faculty Journal Articles and Book Chapters
This Article sets forth the historical and legal reasons as to how the State of Texas botched the removal of 439 children from the Fundamentalist Church of Jesus Christ of Latter-Day Saints parents residing in Eldorado, Texas. The Department of Family and Protective Services in Texas overreached its authority by treating this case like a class-action removal based on an impermissible legal argument, rather than focusing on the facts and circumstances that could have been substantiated for a select group of children at risk. This impermissible legal argument regarding the “pervasive belief system” of a polygamist sect that allowed minor …
Native Hawaiians And The Ceded Lands Trust: Applying Self-Determination As An Alternative To The Equal Protection Analysis,
2010
Southern Illinois University Carbondale
Native Hawaiians And The Ceded Lands Trust: Applying Self-Determination As An Alternative To The Equal Protection Analysis, R. Hōkūlei Lindsey
American Indian Law Review
No abstract provided.
Justice Stevens And The Seattle Schools Case: A Case Study On The Role Of Righteous Anger In Constitutional Discourse,
2010
Seattle University School of Law
Justice Stevens And The Seattle Schools Case: A Case Study On The Role Of Righteous Anger In Constitutional Discourse, Andrew Siegel
Faculty Articles
No abstract provided.
Penalizing Punitive Damages: Why The Supreme Court Needs A Lesson In Law And Economics,
2010
University of Washington School of Law
Penalizing Punitive Damages: Why The Supreme Court Needs A Lesson In Law And Economics, Steve P. Calandrillo
Articles
The recent landmark Supreme Court decision addressing punitive damages in the infamous Exxon Valdez oil spill case has brought the issue of punitive awards back into the legal limelight. Modern Supreme Court jurisprudence, most notably BMW of North America, Inc. [517 U.S. 559 (1996)], State Farm [538 U.S. 408 (2003)], Philip Morris [549 U.S. 346 (2007)], and now Exxon Shipping Co. [128 S.Ct. 2605 (2008)] in 2008, has concluded that such judgments are justified to punish morally reprehensible behavior and to send a message to evildoers. The Court, however, has increasingly emphasized that the U.S. Constitution's Due Process Clause presumptively …
Barriers To Financing: Is European Union Indirect Discrimination Law The Answer For Female Entrepreneurs?,
2010
Benjamin N. Cardozo School of Law
Barriers To Financing: Is European Union Indirect Discrimination Law The Answer For Female Entrepreneurs?, Adam G. Panopoulos
Cardozo Journal of Equal Rights & Social Justice
The note explores whether European Union indirect discrimination law, particularly Directive 2004/113/EC, can address the barriers female entrepreneurs face in accessing financing. It examines the application of indirect discrimination principles to financial services, analyzing ECJ case law and advocating for the integration of gender mainstreaming to enhance gender equality in entrepreneurship.
Drawing Bisexuality Back Into The Picture: How Bisexuality Fits Into Lgbt Legal Strategy Ten Years After Bisexual Erasure,
2010
Family Equality Counsel
Drawing Bisexuality Back Into The Picture: How Bisexuality Fits Into Lgbt Legal Strategy Ten Years After Bisexual Erasure, Heron Greenesmith
Cardozo Journal of Equal Rights & Social Justice
The article argues that bisexuality remains legally invisible, both in legal culture and jurisprudence, due to its inherent complexity and the reliance of legal arguments on a binary understanding of sexual orientation. It extends Kenji Yoshino's theory of bisexual erasure into the legal context, proposing that bisexuality is not just socially invisible but also legally inconspicuous. The analysis focuses on two main hypotheses: first, that bisexuality is inherently invisible to the law beyond deliberate erasure, and second, that where bisexuality is legally relevant, it complicates legal arguments that depend on the binary of sexuality. The article concludes by advocating for …
Engquist And The Erosion Of The Equal Protection Clause: An Attempt To Stop The Creep Of Irrational Dicta,
2010
UC Hastings College of the Law
Engquist And The Erosion Of The Equal Protection Clause: An Attempt To Stop The Creep Of Irrational Dicta, Darien Shanske
Faculty Scholarship
No abstract provided.
