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The Warren Court and the concept of a right

Article Abstract:

The Earl Warren Court's "judicial activism" marked a significant contribution to U.S. constitutional rights theory by transforming the concept of a legal right. The court expanded individual rights beyond the "textual rights" elaborated in the Bill of Rights to cover the implied "penumbral rights" necessary for protecting the individual against potential government abuses. The court also used the textual rights as a means of finding "general" constitutional rights, such as the right to privacy.

Author: Luban, David
Publisher: Harvard Law School
Publication Name: Harvard Civil Rights-Civil Liberties Law Review
Subject: Social sciences
ISSN: 0017-8039
Year: 1999
History, Beliefs, opinions and attitudes, Civil rights, United States. Supreme Court, Judicial activism, Warren, Earl

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Is this America? The District of Columbia and the right to vote

Article Abstract:

Congress and the federal courts should act to allow the citizens of the District of Columbia to elect representatives to Congress. Nothing in the Constitution bans voting by residents of the District. To permit DC citizens to vote would promote a vision of the Constitution that favors political freedom over the power of government . The Constitution should be interpreted as a social compact among the people of the US, not merely as a compact among the States.

Author: Raskin, Jamin B.
Publisher: Harvard Law School
Publication Name: Harvard Civil Rights-Civil Liberties Law Review
Subject: Social sciences
ISSN: 0017-8039
Year: 1999
Washington, DC, Washington, D.C., Representative government and representation, Representative government

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The way out: a legal standard for imposing alternative electoral systems as voting rights remedies

Article Abstract:

Federal courts have the authority under the Voting Rights Act to order alternative electoral systems remedies that enhance minority representation without racially gerrymandering voting districts. To accomplish this, courts should discard the plaintiffs' requirement to define compact single-member districts in favor of a threshold of exclusion criteria. This new legal standard would aid in remedying minority vote dilution.

Author: Mulroy, Steven J.
Publisher: Harvard Law School
Publication Name: Harvard Civil Rights-Civil Liberties Law Review
Subject: Social sciences
ISSN: 0017-8039
Year: 1998
Demographic aspects, Election districts, Political questions and judicial power

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Subjects list: Social aspects, United States, Laws, regulations and rules, Suffrage, Voting rights
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