In this Article, Mario Barnes, Erwin Chemerinsky, and Angela Onwuachi-Willig examine and analyze one recent, affirmative action case, Fisher v. University of Texas, Austin, as a means of highlighting why the anti-subordination or equal opportunity...
Courts frequently confine constitutional litigation to a single remedial avenue. For example, courts typically allow enforcement of Fourth Amendment rights by providing either exclusion of evidence or a civil remedy under 42 U.S.C. § 1983, but not...
Over the last sixty years, the courts, Congress, and the President—but mostly the courts—first increased integration in schools and neighborhoods, and then changed course, allowing schools to resegregate. The impact of these decisions is illustrated...
The struggle over marijuana regulation is one of the most important federalism conflicts in a generation. The ongoing clash of federal and state marijuana laws forces us to consider the preemptive power of federal drug laws and the appropriate roles...
Long-running debates over military privatization overlook one important fact: The U.S. military’s post-2001 contractor workforce is composed largely of migrants imported from impoverished countries. This Article argues that these Third Country...
The United States incarcerates a larger percentage of our population than any other country. Minority populations make up a substantially disproportionate percentage of those incarcerated. For a variety of reasons, violence perpetrated against...