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All Volumes | Volume 84 | Issue 3

Justice for All?: The Equal Protection Clause and Its Not-So-Equal Application to Legal Aliens

Adam Bryan Wall | Comment

This Comment will argue that all classifications of legal aliens, including nonimmigrant aliens, should be subject to strict scrutiny, rather than rational basis review. Part II will discuss the Equal Protection Clause, the levels of scrutiny, and the criteria the Supreme Court uses to determine which classifications should be subject to each level of scrutiny. Part III will discuss Court precedent in relation to the Equal Protection Clause and how the Fifth and Sixth Circuits have contravened that precedent. Part IV will discuss why classifica-tions of nonimmigrant aliens, just like those of immigrant aliens, should be subject to strict scrutiny. Finally, Part V [...]

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Sex Offender Treatment in the United States: The Current Climate and an Unexpected Opportunity for Change

Kelsie Tregilgas | Comment

While sex-offender laws and policies have garnished unquestioning support from a sector of the population largely uneducated about the specifics of their implementation and effects, they have frequently been criticized by scholars, mental health professionals, and others familiar with the realities of contemporary sex-offender treatment. This Comment explores many of these criticisms, from widespread societal implications and efficacy concerns to the frequently disproportional practical difficulties faced by individual offenders and their families. This Comment recognizes that because of the general population’s lack of awareness about these issues, lawmakers who would otherwise support sensible and necessary modification of the existing system [...]

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Show Me the Money: The Applicability of Contract Law’s Ratification and Tender-Back Doctrines to Title VII Releases

Daniel P. O'Gorman Tul. L. Rev. Article

This Article seeks to remove this confusion and set forth the proper role (if any) for the common law contract doctrines of ratification and tender back with respect to a release of Title VII claims. Part II provides the background of these common law contract doctrines. Part III reviews the Supreme Court precedent on the application of the ratification and tender-back doctrines to the release of federal claims. Part IV reviews lower-court precedent on the application of these doctrines to the release of Title VII claims. Part V addresses whether Supreme Court precedent with respect to the application of the [...]

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This Field Is Our Field: Foreign Players, Domestic Leagues, and the Unlawful Racial Manipulation of American Sport

N. Jeremi Duru | Article

This Article argues that the MLS Policy restricting the numbers of international players on its teams’ rosters does, in fact, perpetuate unlawful racial discrimination. While the Policy does not facially discriminate against prospective players on the basis of race, and while its drafters may not have intended racial exclusion, the MLS Policy disproportionately and negatively impacts players of color–particularly blacks and Latinos. In that the MLS Policy serves to racially exclude in violation of federal antidiscrimination law, it demands scrutiny. This Article provides that scrutiny, examines the implications the MLS Policy has for America’s other premier professional sports leagues, and [...]

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The Forgotten Freedom of Assembly

John D. Inazu | Article

The freedom of assembly has been at the heart of some of the most important social movements in American history: antebellum abolitionism, women’s suffrage in the nineteenth and twentieth centuries, the labor movement in the Progressive Era and after the New Deal, and the Civil Rights movement. Claims of assembly stood against the ideological tyranny that exploded during the first Red Scare in the years surrounding the First World War and the second Red Scare of 1950s’ McCarthyism. Abraham Lincoln once called “the right of peaceable assembly” part of “the Constitutional substitute for revolution.” In 1939, the popular press heralded [...]

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Raising the Dead?: The Lilly Ledbetter Fair Pay Act

Charles A. Sullivan | Article

If applied literally, the Lilly Ledbetter Fair Pay Act (FPA) has the potential to radically change the landscape for claims under Title VII and other antidiscrimination laws. While limited to discrimination in compensation, as opposed to discrimination in other terms and conditions of employment, the FPA removes the statute of limitations not only for compensation decisions per se but for any “other practice” affecting compensation. Further, the new law is explicitly retroactive. Thus, a failure to promote a plaintiff twenty years ago would seem to be actionable today, as long as the nonpromotion has an effect on current compensation. While [...]

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      • Volume 87
        • Issue 1
        • Issue 2
        • Issue 3
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        • Issue 1
        • Issue 2
        • Issue 3
        • Issue 4
        • Issue 5
        • Issue 6
      • Volume 85
        • Issue 1
        • Issue 2
        • Issue 3
        • Issue 4
        • Issue 5 & 6
      • Volume 84
        • Issue 1
        • Issue 2
        • Issue 3
        • Issue 4
        • Issue 5
        • Issue 6

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