All Articles tagged civil rights

• General
  April 22, 2024 EDT
  SUPREME MIRAGE: CLARENCE THOMAS’S INVENTED HISTORY OF COLORBLINDNESS ORIGINALISM
  Zamir Ben-Dan

  Tracking his opinion in Students for Fair Admissions, this Essay proposes Justice Thomas’s “originalist defense of the colorblind Constitution” is manufactured history, refuting Thomas's race-blind reading of the 14th Amendment.

• General
  December 12, 2018 EDT
  PROPHYLACTIC FREE EXERCISE: THE FIRST AMENDMENT AND RELIGION IN A POST-KENNEDY WORLD
  Brendan Beery

  Had Justice Kennedy not been on the Court, the Court would likely have decided more broadly that free exercise trumps any generally applicable obligation under a mere state statute.

• State Constitutional Commentary
  April 18, 2017 EDT
  THE DE BOUR/MCINTOSH LESSON ON THE IMPORTANCE OF STATE COMMON LAW
  Victoria A. GraffeoNicholas C. Roberts

  State courts can interpret state common law and state constitutional provisions to extend civil rights protections that rise above the minimum floor established by the federal Constitution.

• General
  March 23, 2015 EDT
  INDIAN TRIBES AND GUN REGULATION: SHOULD TRIBES EXERCISE THEIR SOVEREIGN RIGHTS TO ENACT GUN BANS OR STAND-YOUR-GROUND LAWS?
  Ann Tweedy

  This note considers the Second Amendment’s inapplicability to Indian tribes.

• State Constitutional Commentary
  September 23, 2013 EDT
  THE VANGUARD OF EQUALITY: THE IOWA SUPREME COURT’S JOURNEY TO STAY AHEAD OF THE CURVE ON AN ARC BENDING TOWARDS JUSTICE
  Mark S. Cady

  This perspective outlines Iowa's history of protecting individual liberties more than the Federal Constitution.

• General
  August 08, 2009 EDT
  UNDERSTANDING RACE: THE EVOLUTION OF THE MEANING OF RACE IN AMERICAN LAW AND THE IMPACT OF DNA TECHNOLOGY ON ITS MEANING IN THE FUTURE
  William Q. Lowe

  This note discusses the current lack of a settled definition of race in American Law, and the potential role DNA technology can play in remedying the problems associated with it.

• General
  January 08, 2009 EDT
  JUDICIAL ACTIVISM IN THE SERVICE OF PRIVILEGE: NEW YORK’S FIRST DEPARTMENT MAKES SPECIAL RULES FOR SPECIAL DEFENDANTS
  Craig Gurian

  This article demonstrates that Pelton’s application of the business judgment rule was unwarranted and unsupportable and that Pelton ignored the plain language of the City Human Rights Law.

• General
  January 01, 2009 EDT
  VICTIMS WITHOUT LEGAL REMEDIES: WHY KIDS NEED SCHOOLS TO DEVELOP COMPREHENSIVE ANTI-BULLYING POLICIES
  Julie SacksRobert S. Salem

  This article presents an overview of current legal theories available to victims of peer harassment and how they are inadequate either to deter bullying or to provide victims redress.

• General
  January 01, 2006 EDT
  “BECAUSE OF . . . SEX”: RETHINKING THE PROTECTIONS AFFORDED UNDER TITLE VII IN THE POST-ONCALE WORLD
  Andrea Meryl Kirshenbaum

  This article explores the current doctrinal framework for addressing sexual harassment claims offers ways in which to theorize the “because of . . . sex” requirement.