Postmodern Liberalism and the Expressive Function of Law

2000 ◽  
Vol 17 (1) ◽  
pp. 87-109 ◽  
Author(s):  
N. Scott Arnold

In 1992, the city of Boulder, Colorado, passed an ordinance forbidding discrimination against homosexuals in employment and housing. Two years later, voters in the state of Colorado passed a constitutional amendment forbidding the passage of local ordinances prohibiting this form of discrimination. The constitutional amendment did not mandate discrimination against homosexuals; it merely nullified ordinances such as Boulder's. The amendment was later struck down by the U.S. Supreme Court as unconstitutional.

Author(s):  
David G. García

This chapter explores the evolution of the White architects' four strategies of segregation from 1939, when they sought voter approval to construct a school east of the railroad tracks, through 1954, when the U.S. Supreme Court ruled that racially segregated schools were inherently unequal and therefore unconstitutional. During this time, the school trustees constructed new schools that maximized the race, class, and east–west geographic divisions in the city and sought to normalize the undereducation of Mexican American children. By 1954—the same year the U.S. Supreme Court ruled in the landmark Brown v. Board of Education desegregation case—the trustees had strategically positioned nine of the district's eleven schools west of Oxnard Boulevard and the railroad tracks in neighborhoods kept predominately White through racial covenants.


2021 ◽  
pp. 483-520
Author(s):  
Eric Van Young

Alamán’s internal self-exile in Mexico City, when he hid for nearly two years only to emerge in 1834, is discussed in as much detail as is possible for a largely undocumented episode. Having left the government along with the other ministers during 1832, he was being pursued by agents of the state and political enemies to stand trial before a congressional grand jury for his involvement in the judicial murder of Vicente Guerrero. The chapter also discusses his cordial relationship with the U.S. envoy who replaced the recalled Joel Poinsett, Anthony Butler. The fall of the Anastasio Bustamante government to an uprising led by Santa Anna is narrated, along with Alamán’s eventual trial, his spirited defense of himself, the intervention of Carlos María de Bustamante (not the president) on his behalf before the Supreme Court, and the ex-minister’s exoneration at the hands of President Santa Anna.


Author(s):  
Danny M. Adkison ◽  
Lisa McNair Palmer

This chapter assesses Article V of the Oklahoma constitution, which concerns the legislative department. Section 1 states that “the Legislative authority of the State shall be vested in a Legislature, consisting of a Senate and a House of Representatives.” However, “the people reserve to themselves the power to propose laws and amendments to the Constitution and to enact or reject the same at the polls independent of the Legislature, and also reserve power at their own option to approve or reject at the polls any act of the Legislature.” Section 2 provides for the designation and definition of reserved powers. Initiative means the power of the people to propose bills, and to enact or reject them at the polls. Referendum is the right of the people to have bills passed by the legislature submitted to the voters for their approval. Meanwhile, in May 1964, the Oklahoma constitution was amended to conform to the U.S. Supreme Court rulings. The amendment passed and Sections 9 through 16 were replaced with Sections 9A through 11E. The chapter then details the provisions for the Senate and the House of Representatives.


2011 ◽  
Vol 57 (6) ◽  
pp. 969-986 ◽  
Author(s):  
Simon I. Singer

In Roper v. Simmons, the U.S. Supreme Court determined that the sentencing of juveniles to death violated the constitutional amendment against cruel and unusual punishment. Similarly, the Court most recently decided that life without parole for nonhomicide offenses is also unconstitutional ( Graham v. Florida, 2010). Part of the reason for the Court’s decisions is the lack of consensus as to the appropriateness of punishing juveniles as if they were adults. To examine the extent to which there is consensus as to the capital penalties for capital crimes, this article examines a population of young juveniles who were initially charged with murder, and then subsequently convicted in criminal court and sentenced to life in prison. As is the case with adults, not all juveniles were convicted in criminal court for their initial charge of murder. But unlike for adults, a proportion of eligible juveniles were adjudicated delinquent in juvenile court or received youthful offender in criminal court, resulting in a less severe sentence than a maximum of life in prison. The author suggests that this reduced set of sanctions, which a segment of juveniles receive, is substantive justice and the reproduction of juvenile justice. He found significant differences in the reproduction of juvenile justice by place and prior offense.


Last Subway ◽  
2020 ◽  
pp. 27-48
Author(s):  
Philip Mark Plotch

This chapter examines how parks commissioner Robert Moses had been a powerful player in Fiorello La Guardia's administration and a dominant force under William O'Dwyer. Moses simultaneously held multiple public-sector positions that gave him enormous power over public works projects in the New York metropolitan area. During the four years and eight months of the O'Dwyer administration, O'Dwyer and Moses convinced New Yorkers, the media, and even state legislators that the city would soon begin building a Second Avenue subway. However, New York City was in a precarious financial situation. Not only was New York City getting less federal aid, but it was also reaching the maximum amount of money it could borrow, a level defined in the New York State constitution. To generate support for raising fares and building the new subway, O'Dwyer's team lied, claiming the Second Avenue subway would be self-sufficient and that the fare increase would create a financially sustainable and growing subway system. In 1950 and 1951, the state legislature authorized a constitutional amendment that would allow the city to borrow an additional $500 million over and beyond its constitutional debt limit. After the amendment passed, city officials knew that the city could not afford to proceed with the Second Avenue subway. By 1953, the city's business leaders and their allies in the state capital had lost faith in the city's ability to manage the transit system.


2021 ◽  
pp. 191-206
Author(s):  
Michael J. Rosenfeld

Chapter 14 tells the story of how Jim Obergefell, whose husband John Arthur was dying, sued the state of Ohio to try to force the state to list Obergefell as the husband on Arthur’s death certificate. Ohio was one of many states whose constitution explicitly rejected recognition of same-sex marriages, wherever they were originally celebrated. Obergefell won in federal district court, but the Sixth Circuit Court of Appeals consolidated his case with DeBoer v. Snyder from Michigan and cases from two other states, and overturned them all. The plaintiffs appealed to the U.S. Supreme Court. The Obergefell v. Hodges Supreme Court decision of 2015 made marriage equality the law of the U.S. After the Obergefell victory, April DeBoer and Jayne Rowse were legally married in Michigan and then cross-adopted their children.


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