The constitutional contours of race and politics

Article Abstract:

The US Supreme Court's decisions in Miller v. Johnson and Hays v. Louisiana continue the tentativeness regarding race-based redistricting under the Voting Rights Act that the Court demonstrated in Shaw v. Reno in 1993. The Court has not acknowledged the politicized nature of this issue and has not provided states with a clear means of complying with both the Equal Protection Clause and the Voting Rights Act. The Court's summary affirmation of DeWitt v. Wilson, a case involving California's use of a nonpartisan reapportionment commission, may suggest one means to pass judicial scrutiny.

Voting, Apportionment (Election law)

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Misters Korematsu and Steffan: the Japanese internment and the military's ban on gays in the armed services

Article Abstract:

The US military's reliance on prejudices to form their argument for upholding the ban on gays and lesbians in the military is similar to the arguments made in the Japanese internment cases during World War II. Courts applying the rational basis test in both instances have sanctioned discrimination because of concerted political action. If the rational basis test allows such discrimination to be used as a legitimate reason for upholding such policies, courts must revise the test to avoid making the types of mistakes that were made in the Japanese internment cases.

Discrimination against gays, Gay military personnel, Japanese Americans, Japanese American internment, 1942-1945

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Charter schools, equal protection litigation, and the new school reform movement

Article Abstract:

Reform of laws or creation of new laws regarding charter schools could reduce litigation and create a basis for continuance of the school reform movement. That movement should proceed by considering the needs and equal protection rights of students and parents. Equal protection challenges such as that in Villanueva v. Carere are economically, socially, and educationally nonproductive.

Economic aspects, School, Choice of, School choice, Charter schools, states

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