The Plessy era

Article Abstract:

Issues regarding the state of race relations during the 'Plessy era' of the late Nineteenth Century are explored with the aim of explaining why the era's Supreme Court rejected constitutional challenges to segregation, disfranchisement, race-based jury exclusion, and separate and unequal laws. The author discusses the Court's limited ability to play a role in rescuing minorities from oppression, the indeterminacy of the Constitution and precedent with respect to race-based laws, and the nullification of the constitutional rights of minorities by state and local authorities through the discriminatory exercise of administrative discretion.

History, Suffrage, Voting rights, Race relations, United States history, Jury, Juries, Segregation, United States history, 1865-1901

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Skeptical scrutiny of plenary power: judicial and executive branch decision making in Miller v. Albright

Article Abstract:

The Supreme Court's decision in Miller v. Albright, upholding a sex-based distinction in the Immigration and Nationality Act making it harder for males than females to convey citizenship to illegitimate children when the other parent is a non-citizen, is discussed. Issues include the Court's disinclination to apply plenary power deference to Congress with respect to citizenship claims, the lack of distinction between citizenship and immigration or naturalization claims, and the possibility that the plenary power doctrine is inappropriate in immigration and nationality law generally.

Judicial review of administrative acts, Citizenship

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Light on a darkling plain: intercircuit conflicts in the perspective of time and experience

Article Abstract:

Issues involving the federal judicial system's failure to provide a uniform construction of federal law due to conflicts between the circuit courts that are unresolved by the Supreme Court are discussed. The author argues that studies critical of the situation have exagerrated its seriousness by counted the number of conflicts in existence at a particular time without considering the outcome of such conflicts over a longer period.

Analysis, Federal courts, Surveys, Judicial restraint

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