Topic
Symposium
Posts
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ArticleVol. 92 · Iss. 2
Racial Classification and Ascriptive Injury
This Article describes a new model of the relationship between racial ascriptions on an individual level, private racial bias, social disadvantage, and state action,…
Paul Gowder -
ArticleVol. 92 · Iss. 2
The Civil Rights Act of 1964
In early 1963, Dr. Martin Luther King, Jr. led what would become known as the “Birmingham Campaign” with the Southern Leadership Conference in which…
Paulette Brown -
ArticleVol. 92 · Iss. 2
A Diamond in the Rough: Trans-Substantivity of the Federal Rules of Civil Procedure and its Detrimental Impact on Civil Rights
The Federal Rules of Civil Procedure are celebrating their seventy-fifth anniversary this year. On this diamond anniversary, the celebration is tempered by the uncomfortable…
Suzette Malveaux -
ArticleVol. 92 · Iss. 2
Toward a Critical Corporate Law Pedagogy and Scholarship
In recent years, the publicly held corporation has assumed a central position in both the economic and political spheres of American life. Economically, the…
andré d. p. cummings, Steven A. Ramirez & Cheryl L. Wade -
ArticleVol. 92 · Iss. 2
Zero Tolerance Policies: Criminalizing Childhood and Disenfranchising the Next Generation of Citizens
Columbine High School, Littleton, Colorado. Heath High School, West Paducah, Kentucky. Westside Middle School, Jonesboro, Arkansas. Zero tolerance policies were adopted in these schools…
S. David Mitchell -
ArticleVol. 97 · Iss. 6
Reconsidering Hostile Takeover of Religious Organizations
Beginning in 2016, the headlines of major publications began announcing that Donald Trump had successfully completed a “hostile takeover” of the Republican Party. What…
B. Jessie Hill -
ArticleVol. 97 · Iss. 6
‘The Peculiar Genius of Private-Law Systems’: Making Room for Religious Commerce
Religious commerce has long sat uncomfortably at the nexus of public law and private law. On the one hand, such transactions invariably have garden-variety commercial objectives,…
Michael A. Helfand -
ArticleVol. 97 · Iss. 6
What Is a “Substantial Burden” on Religion Under RFRA and the First Amendment?
What is the meaning of a “substantial burden” on religion under the federal Religious Freedom Restoration Act (and its state-level equivalents)? This question is timelier than…
Gabrielle M. Girgis -
ArticleVol. 97 · Iss. 6
Crossing Doctrines: Conflating Standing and the Merits Under the Establishment Clause
In American Legion v. American Humanist Ass’n, the Supreme Court upheld the constitutionality of a thirty-two-foot tall Latin cross honoring soldiers killed during World War I…
Ashutosh Bhagwat -
ArticleVol. 97 · Iss. 6
Untangling Entanglement
The Court has increasingly signaled its interest in taking a more historical approach to the Establishment Clause. And in its recent American Legion decision, the Supreme…
Stephanie H. Barclay -
ArticleVol. 97 · Iss. 6
Reconsidering Thornton v. Caldor
Thirty-five years ago, the United States Supreme Court decided Estate of Thornton v. Caldor. Caldor struck down, on Establishment Clause grounds, a Connecticut statute…
Christopher C. Lund -
ArticleVol. 97 · Iss. 6
First Amendment Traditionalism
Traditionalist constitutional interpretation takes political and cultural practices of long age and duration as constituting the presumptive meaning of the text. This Essay probes traditionalism’s conceptual…
Marc O. DeGirolami