Earned-rights logic has a longstanding place in American constitutionalism, and recent decades have only made it more visible. By emphasizing the similarities between existing right-holders and those seeking new protections, courts can better smoke out discriminatory laws.
In cities like Madison, reputationally progressive jewel of the state that denied Dred Scott his citizenship and citizen rights nearly two centuries ago, so too does the racialized illiteracy crisis lawfully disparage young Black men to non-citizen subjects...
The democratic goods brought by canvassers are most needed in apartment buildings, especially in low-income housing where residents are too often politically disenfranchised while also deeply impacted by public policy.
The social model allows for greater inclusion of individuals with disabilities. It also places more of the onus on people in power—employers who must make accommodations, society at large, and other actors—rather than people with disabilities, who remain marginalized...
Other Issues in this Volume
- Post-Colonial Constitutionalism
- Appendix: Elie Hirschfeld Symposium on Racial Justice in the Child Welfare System Transcript
- A Necessary Expansion of State Power: A “Pattern or Practice” of Failed Accountability
- Special Needs, Special Solutions: Using Title II of the ADA and Behavioral Supports To Protect Students With Disabilities From Arrests
- The Emerging Legal Architecture for Social Justice
- Title IX's Substantive Equity Mandate for Transgender Persons in American Law Schools: A Call for Disaggregated SOGI Data
- Color-Blind But Not Color-Deaf: Accent Discrimination in Jury Selection
- How to Say Sorry: Fulfilling the United States' Trust Obligation to Native Hawaiians by Using the Canons of Construction to Interpret the Apology Resolution