Constitutional law - equal protection - Fourth Circuit finds University of Maryland minority scholarship program unconstitutional

Article Abstract:

The Fourth Circuit in Podberesky v. Kirwan incorrectly applied a legal standard to find unfair discrimination in a minority scholarship program at the University of Maryland at College Park. The court considered only the factors involved in the case of City of Richmond v. J.A. Croson Co., rather than the more comprehensive standard of United States v. Paradise. The scholarship program would have been considered narrowly tailored to remedy past discrimination according to the Paradise standard. The case concerned the Benjamin Banneker Scholarships given to African American students based on merit.

United States, Cases, Minorities, Maryland, Discrimination in education, Educational discrimination, Student financial aid, University of Maryland (College Park)

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Constitutional limits on anti-gay-rights initiatives

Article Abstract:

Initiatives to prohibit gay-rights laws, such as Colorado Amendment Two, are unconstitutional in that they violate both the Equal Protection Clause and the Free Speech Clause. Laws protecting gay rights do not grant special treatment to gays, but rather represent an attempt to counteract discrimination. Gay-rights laws adopted as of May 1993 at the state and local level are listed in an appendix.

Gays, Laws, regulations and rules

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Constitutional law - Fourth Amendment - separation of powers - Foreign Intelligence Surveillance Court of Review holds that prosecutors may spy on American agents of foreign powers without a warrant

Article Abstract:

In the case of In re Sealed Case, the Foreign Intelligence Surveillance Court of Review declared that criminal prosecutors could conduct warrantless surveillance on a probable agent of a foreign power in the US. The court placed limits on the authority of the Foreign Intelligence Surveillance Court over the Department of Justice.

Separation of powers, Searches and seizures, Electronic surveillance, Case Note, Warrants (Law), Search warrants

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