The Law Academy and the Public Intellectual Arthur Austin Case Western Reserve University School of Law
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Crack Cocaine, Congressional Inaction, and Equal Protection
CRACK COCAINE, CONGRESSIONAL INACTION, AND EQUAL PROTECTION PAUL J. LARKIN, JR.* I. THE HISTORY OF FEDERAL DRUG POLICY ........... 244 II. CRACK COCAINE, RACE, AND EQUAL PROTECTION LAW ................................................. 249 A. Legislation and Equal Protection Law ....... 250 B. Legislative Inaction and Equal Protection Law .................................................................. 258 1. The Article I Lawmaking Process ......... 259 2. The Due Process Clause ......................... 263 3. Equal Protection Principles ................... 271 III. CRACK COCAINE, RACE, AND FEDERAL DRUG POLICY .................................................................... 278 IV. CONCLUSION ......................................................... 294 Criminal justice policy, drug policy, and racial policy are three of the most contentious subjects in contemporary Ameri- can society.1 For the past thirty years, they have intersected be- cause of the Anti-Drug Abuse Act of 1986.2 Enacted in the midst of a panic over the emergence of a new form of cocaine * Senior Legal Research Fellow, The Heritage Foundation; M.P.P., George Wash- ington University, 2010; J.D., Stanford Law School, 1980; B.A., Washington & Lee University, 1977. The views expressed in this Article are the author’s own and should not be construed as representing any official position of The Heritage Foun- dation. I want to thank Paul Cassell, Daniel Dew, Andrew Kloster, Joseph Luppino- Esposito, and Greg Maggs for helpful comments on an earlier draft of this Article. Any remaining errors are mine. 1. For discussions of these subjects, see, for example, MICHELLE ALEXANDER, THE NEW JIM CROW: MASS INCARCERATION IN THE AGE OF COLORBLINDNESS (rev. ed. 2012); STEVEN B. DUKE & ALBERT C. GROSS, AMERICA’S LONGEST WAR: RETHINKING OUR TRAGIC CRUSADE AGAINST DRUGS (1993); RANDALL KENNEDY, RACE, CRIME, AND THE LAW (1997); GLENN C. -
Debating Divine
DEBATING the DIVINE #43 Religion in 21st century American Democracy Edited by Sally Steenland THE FAITH AND PROGRESSIVE POLICY INITIATIVE A project of the Center for American Progress, the Faith and Progressive Policy Initiative works to identify and articulate the moral, ethical, and spiritual values underpinning policy issues, to shape a progressive stance in which these values are clear, and to increase public awareness and understanding of these values. Th e Initiative also works to safeguard the healthy separation of church and state that has allowed religion in our country to fl ourish. In all its eff orts, the Initiative works for a society and government that strengthen the common good and respect the basic dignity of all people. THE CENTER FOR THE AMERICAN PROGRESS Th e Center for the American Progress is a nonpartisan research and educational institute dedicated to promoting a strong, just and free America that ensures opportunity for all. We believe that Americans are bound together by a common commitment to these values and we aspire to ensure that our national policies refl ect these values. We work to fi ndprogressive and pragmatic solutions to signifi cant domestic and international problems and develop policy proposals that foster a government that is “of the people, by the people, and for the people.” Center for American Progress 1333 H Street NW, 10th Floor Washington, D.C. 20005 Tel: 202.682.1611 • Fax: 202.682.1867 www.americanprogress.org Copyright © 2008 Center for American Progress ISBN 978-0-615-21863-2 June 2008 DEBATING the DIVINE #43 Religion in 21st century American Democracy Edited by Sally Steenland Table of Contents INTRODUCTION Debating the Divine . -
1 Introduction
Notes 1 Introduction 1 See `Money income in the United States 1998', Current Population Report, US Census Bureau, Department of Commerce, Washington DC, 1999, p. xiv at http://www.census.gov/hnes/www/income.html. 2 Richard J. Murnane and Frank Levy, `Why today's high-school-educated- males earn less than their fathers did: the problem and an assessment of responses', Harvard Educational Review, vol. 63, 1993, 1±19. 3 Quoted in Kevin Phillips, The Politics of Rich and Poor, New York: Harper Collins, 1990, p. 211. 4Robert Reich, The Work of Nations, New York: Simon & Schuster, 1991, p. 268. 5 Although Ross Perot and Pat Buchanan in the United States and James Gold- smith in Europe offered an alternative to this in the call for `protectionist' measures in order to recreate the conditions of the Golden era, it has been correctly rejected by the Modernisers as offering false hope. New problems require new solutions. 6 See, for instance, Will Hutton, The State We're In, London: Jonathan Cape, 1995; Larry Elliott and Dan Atkinson, The Age of Insecurity, London: Verso, 1998; Edward Luttwak, Turbo Capitalism: Winners and Losers in the Global Economy, New York: Harper Collins, 1998; John Gray, False Dawn: The Delu- sion of Global Capitalism, London: Granta Books, 1999. 7 Alan Ryan, John Dewey and the High Tide of American Liberalism, New York: W.W. Norton, 1995, p. 33. 8 The term `collective intelligence' was first used by Colin Lacey in a paper `The idea of a socialist education', which appeared in a collection edited by the authors, Education in Search of a Future, London: Falmer Press, 1988. -
Representations and Discourse of Torture in Post 9/11 Television: an Ideological Critique of 24 and Battlestar Galactica
REPRESENTATIONS AND DISCOURSE OF TORTURE IN POST 9/11 TELEVISION: AN IDEOLOGICAL CRITIQUE OF 24 AND BATTLSTAR GALACTICA Michael J. Lewis A Thesis Submitted to the Graduate College of Bowling Green State University in partial fulfillment of the requirements for the degree of MASTER OF ARTS May 2008 Committee: Jeffrey Brown, Advisor Becca Cragin ii ABSTRACT Jeffrey Brown Advisor Through their representations of torture, 24 and Battlestar Galactica build on a wider political discourse. Although 24 began production on its first season several months before the terrorist attacks, the show has become a contested space where opinions about the war on terror and related political and military adventures are played out. The producers of Battlestar Galactica similarly use the space of television to raise questions and problematize issues of war. Together, these two television shows reference a long history of discussion of what role torture should play not just in times of war but also in a liberal democracy. This project seeks to understand the multiple ways that ideological discourses have played themselves out through representations of torture in these television programs. This project begins with a critique of the popular discourse of torture as it portrayed in the popular news media. Using an ideological critique and theories of televisual realism, I argue that complex representations of torture work to both challenge and reify dominant and hegemonic ideas about what torture is and what it does. This project also leverages post-structural analysis and critical gender theory as a way of understanding exactly what ideological messages the programs’ producers are trying to articulate. -
Queer Theorists and Gay Journalists Wrestle Over
PLEASURE PRIPRINCIPLES BY CALEB CRAIN QUEER THEORISTS AND GAY JOURNALISTS WRESTLE OVER THE POLITICS OF SEX 26 PLEASURE PRINCIPLES PLEASURE PRIPRINCIPLES Nearly two hundred men and women have come to sit in the sweaty ground-floor assembly hall of New York City’s Lesbian and Gay Community Services Cen- ter. They’ve tucked their gym bags under their folding chairs, and, despite the thick late-June heat, they’re fully alert. Doz- ens more men and women cram the edges of the room, leaning against manila-colored card tables littered with Xerox- es or perching on the center’s grade-school-style water foun- tain, a row of three faucets in a knee-high porcelain trough. A video camera focuses on the podium, where activist Gregg Gonsalves and Columbia University law professor Kendall Thomas welcome the audience to a teach-in sponsored by the new organization Sex Panic. It might have been the Sex Panic flyer reading DANGER! ASSAULT! TURDZ! that drew this crowd. Handed out in New York City’s gay bars and coffee shops, the flyer identified continuing HIV transmission as the danger. It pointed to the recent closing of gay and transgender bars and an increase in arrests for public lewdness as the assault. And it named gay writers Andrew Sullivan, Michelangelo Signorile, Larry Kramer, and Gabriel Rotello as the Turdz. The flyer, however, is not how I first Kramer, or Sullivan with hisses, boos, thing called queer theory. Relatively found out about the Sex Panic meeting. and laughs. The men and women here new, queer theory represents a para- A fellow graduate student recommend- tonight feel sure of their enemies, and as digm shift in the way some scholars are ed it to me as a venue for academic the evening advances, these enemies thinking about homosexuality. -
They Hate US for Our War Crimes: an Argument for US Ratification of the Rome Statute in Light of the Post-Human Rights
UIC Law Review Volume 52 Issue 4 Article 4 2019 They Hate U.S. for Our War Crimes: An Argument for U.S. Ratification of the Rome Statute in Light of the ost-HumanP Rights Era, 53 UIC J. MARSHALL. L. REV. 1011 (2019) Michael Drake Follow this and additional works at: https://repository.law.uic.edu/lawreview Part of the Human Rights Law Commons, International Humanitarian Law Commons, and the Military, War, and Peace Commons Recommended Citation Michael Drake, They Hate U.S. for Our War Crimes: An Argument for U.S. Ratification of the Rome Statute in Light of the Post-Human Rights Era, 53 UIC J. MARSHALL. L. REV. 1011 (2019) https://repository.law.uic.edu/lawreview/vol52/iss4/4 This Comments is brought to you for free and open access by UIC Law Open Access Repository. It has been accepted for inclusion in UIC Law Review by an authorized administrator of UIC Law Open Access Repository. For more information, please contact [email protected]. THEY HATE U.S. FOR OUR WAR CRIMES: AN ARGUMENT FOR U.S. RATIFICATION OF THE ROME STATUTE IN LIGHT OF THE POST-HUMAN RIGHTS ERA MICHAEL DRAKE* I. INTRODUCTION ......................................................... 1012 II. BACKGROUND ............................................................ 1014 A. Continental Disparities ......................................... 1014 1. The International Process in Africa ............... 1014 2. The National Process in the United States of America ............................................................ 1016 B. The Rome Statute, the ICC, and the United States ................................................................................. 1020 1. An International Court to Hold National Leaders Accountable ...................................................... 1020 2. The Aims and Objectives of the Rome Statute .......................................................................... 1021 3. African Bias and U.S. -
Discriminatory Acquittal
William & Mary Bill of Rights Journal Volume 18 (2009-2010) Issue 1 Article 4 October 2009 Discriminatory Acquittal Tania Tetlow Follow this and additional works at: https://scholarship.law.wm.edu/wmborj Part of the Civil Rights and Discrimination Commons Repository Citation Tania Tetlow, Discriminatory Acquittal, 18 Wm. & Mary Bill Rts. J. 75 (2009), https://scholarship.law.wm.edu/wmborj/vol18/iss1/4 Copyright c 2009 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmborj DISCRIMINATORY ACQUITTAL Tania Tetlow* ABSTRACT This article is the first to analyze a pervasive and unexplored constitutional problem: the rights of crime victims against unconstitutional discrimination by juries. From the Emmett Till trial to that of Rodney King, there is a long history of juries acquitting white defendants charged with violence against black victims. Modem empirical evidence continues to show a devaluation of black victims; dramatic dis- parities exist in death sentence and rape conviction rates according to the race of the victim. Moreover, just as juries have permitted violence against those who allegedly violated the racial order, juries use acquittals to punish female victims of rape and domestic violence for failing to meet gender norms. Statistical studies show that the "appropriateness" of a female victim's behavior is one of the most accurate predictors of conviction for gender-based violence. Discriminatory acquittals violate the Constitution. Jurors may not constitutionally discriminate against victims of crimes any more than they may discriminate against defendants. Jurors are bound by the Equal Protection Clause because their verdicts constitute state action, a point that has received surprisingly little scholarly analysis. -
Pennsylvania History
Pennsylvania History a journal of mid-atlantic studies PHvolume 80, number 2 · spring 2013 “Under These Classic Shades Together”: Intimate Male Friendships at the Antebellum College of New Jersey Thomas J. Balcerski 169 Pennsylvania’s Revolutionary Militia Law: The Statute that Transformed the State Francis S. Fox 204 “Long in the Hand and Altogether Fruitless”: The Pennsylvania Salt Works and Salt-Making on the New Jersey Shore during the American Revolution Michael S. Adelberg 215 “A Genuine Republican”: Benjamin Franklin Bache’s Remarks (1797), the Federalists, and Republican Civic Humanism Arthur Scherr 243 Obituaries Ira V. Brown (1922–2012) Robert V. Brown and John B. Frantz 299 Gerald G. (Gerry) Eggert (1926–2012) William Pencak 302 bOOk reviews James Rice. Tales from a Revolution: Bacon’s Rebellion and the Transformation of Colonial America Reviewed by Matthew Kruer 305 This content downloaded from 128.118.153.205 on Mon, 15 Apr 2019 13:08:47 UTC All use subject to https://about.jstor.org/terms Sally McMurry and Nancy Van Dolsen, eds. Architecture and Landscape of the Pennsylvania Germans, 1720-1920 Reviewed by Jason R. Sellers 307 Patrick M. Erben. A Harmony of the Spirits: Translation and the Language of Community in Early Pennsylvania Reviewed by Karen Guenther 310 Jennifer Hull Dorsey. Hirelings: African American Workers and Free Labor in Early Maryland Reviewed by Ted M. Sickler 313 Kenneth E. Marshall. Manhood Enslaved: Bondmen in Eighteenth- and Early Nineteenth-Century New Jersey Reviewed by Thomas J. Balcerski 315 Jeremy Engels. Enemyship: Democracy and Counter-Revolution in the Early Republic Reviewed by Emma Stapely 318 George E. -
Bradley Impact Fund
FROM THE DESK OF GABE CONGER BY THE NUMBERS Dear Friends, This month, nearly 1.9 million students will graduate with a bachelor’s degree. What will they take away from their college experience? Many will earn a STEM degree or gain experience through internships. Leadership and technology skills will be enhanced. Yet, too few will have greater respect for vigorous public dialogue and diversity of viewpoints. The pressure to conform to the political correctness so pervasive on America’s college campuses is a barrier to young Americans learning and valuing the principles of free speech and freedom of thought. These principles CLASS1.9M OF 2019 were essential to the founding of our nation, and they are just as essential today. BACHELOR'S DEGREES With such extensive uniformity of opinion, the "informed citizenry" of today is not what our founding fathers pictured. Our theme for this issue is the intersection of the power of ideas, education, and informed citizens. Robert P. George, Princeton University professor and Bradley Foundation Board Member, shares his perspective as a conservative academic 10:1 engaged with young Americans at the threshold of their independence. We’re DEMOCRAT also pleased to announce the 2019 Bradley Prizes winners, whose work has PROFESSORS steadfastly advanced an informed citizenry. The Grant Recipient Spotlight will OUTNUMBER help you create your summer reading list; and in The Future is Now, we share REPUBLICAN Lincoln Network co-founder Aaron Ginn’s ideas for collaboration of like-minded technologists using their Silicon Valley skills to advance liberty and viewpoint diversity. Free thought and free speech are under fire in our society. -
Critical Race Theory's Attack on the Promises of Liberalism Jeffrey J
Boston College Law Review Volume 40 Issue 3 Association Of American Law Schools Program Article 6 On Race & Criminal Justice 5-1-1999 Race, Equality and the Rule of Law: Critical Race Theory's Attack on the Promises of Liberalism Jeffrey J. Pyle [email protected] Follow this and additional works at: http://lawdigitalcommons.bc.edu/bclr Part of the African American Studies Commons, Civil Rights and Discrimination Commons, Ethnic Studies Commons, Inequality and Stratification Commons, Law and Society Commons, and the Race and Ethnicity Commons Recommended Citation Jeffrey J. Pyle, Race, Equality and the Rule of Law: Critical Race Theory's Attack on the Promises of Liberalism, 40 B.C.L. Rev. 787 (1999), http://lawdigitalcommons.bc.edu/bclr/vol40/iss3/6 This Notes is brought to you for free and open access by the Law Journals at Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College Law Review by an authorized editor of Digital Commons @ Boston College Law School. For more information, please contact [email protected]. RACE, EQUALITY AND THE RULE OF LAW: CRITICAL RACE THEORY'S ATTACK ON THE PROMISES OF LIBERALISM I NTRODUCTION In recent years, critical race theory ("CRT") has come to occupy a conspicuous place in American law schools.' The theory holds that despite the great victories of the civil rights movement, liberal legal thought2 has consistently failed African Americans and other minori- I See generally Stephanie 14. Goldberg, The Law, a New Theory Holds, Has a White Voice, N.Y. TIMES, July 17, 1992, at A23 (describing critical race theory as having had "all undeniable impact on legal education"); Neil A. -
Inspiring Americans to Greatness Attendees of the 2019 Freedom Conference Raise Their Hands in Solidarity with Hong Kong Pro-Democracy Protesters
Annual Report 2019-20 Inspiring Americans to Greatness Attendees of the 2019 Freedom Conference raise their hands in solidarity with Hong Kong pro-democracy protesters The principles espoused by The Steamboat Institute are: Limited taxation and fiscal responsibility • Limited government • Free market capitalism Individual rights and responsibilities • Strong national defense Contents INTRODUCTION EMERGING LEADERS COUNCIL About the Steamboat Institute 2 Meet Our Emerging Leaders 18 Letter from the Chairman 3 MEDIA COVERAGE AND OUTREACH AND EVENTS PUBLIC ENGAGEMENT Campus Liberty Tour 4 Media Coverage 20 Freedom Conferences and Film Festival 8 Social Media Analytics 21 Additional Outreach 10 FINANCIALS TONY BLANKLEY FELLOWSHIP 2019-20 Revenue & Expenses 22 FOR PUBLIC POLICY & AMERICAN EXCEPTIONALISM FUNDING About the Tony Blankley Fellowship 11 2019 and 2020 Fellows 12 Funding Sources 23 Past Fellows 14 MEET OUR PEOPLE COURAGE IN EDUCATION AWARD Board of Directors 24 Recipients 16 National Advisory Board 24 Our Team 24 The Steamboat Institute 2019-20 Annual Report – 1 – About The Steamboat Institute Here at the Steamboat Institute, we are Defenders of Freedom When we started The Steamboat Institute in 2008, it was and Advocates of Liberty. We are admirers of the bravery out of genuine concern for the future of our country. We take and rugged individualism that has made this country great. seriously the concept that freedom is never more than one We are admirers of the greatness and wisdom that resides generation away from extinction. in every individual. We understand that this is a great nation because of its people, not because of its government. The Steamboat Institute has succeeded beyond anything Like Thomas Jefferson, we would rather be, “exposed to we could have imagined when we started in 2008. -
Susan Estrich
SUSAN ESTRICH Robert Kingsley Professor of Law and Political Science The Law School University of Southern California Telephone: (213) 740-7578 University Park, MC-0071 Fax: (213) 740-5502 Los Angeles, CA 90089-0071 E-Mail: [email protected] Education: Harvard Law School J.D. 1977, magna cum laude President, Harvard Law Review (first woman) Wellesley College, Wellesley, MA B.A. 1974 with highest honors Phi Beta Kappa; Durant Scholar Dartmouth College Hanover, New Hampshire 1972-1973 Twelve College Exchange Citations for Academic Excellence in Government and Sociology Current Activities: Robert Kingsley Professor of Law and Political Science, University of Southern California Law School Subjects: Gender Discrimination, Law and Politics, Election Law, Constitutional Law: First Amendment, Criminal Law Legal and Political Analyst, Fox News Channel (appearing approximately 2-3 times weekly on such shows as Hannity & Colmes, On the Record, The O’Reilly Factor, Tony Snow, etc). Syndicated Columnist, Creators Syndicate Board of Editorial Contributors, USA Today 1 Past Employment: Law: 1981 – 1990 Professor of Law, Harvard Law School Appointed Assistant Professor of Law, 1981 Promoted to Professor of Law with tenure, 1986 1986 – 1987 Of Counsel, Tuttle & Taylor, Los Angeles General litigation practice in state and federal court 1979 – 1981 United States Senate Judiciary Committee, Staff Counsel and Special Assistant to Chief Counsel Stephen Breyer 1978 – 1979 Law Clerk to Justice John Paul Stevens, United States Supreme Court, Washington, D.C. 1977 – 1978 Law Clerk to Judge J. Skelly Wright, United States Court of Appeals for the District of Columbia, Washington, D.C. 1977 Associate, Covington & Burling, Washington, D.C.