Texas Forum on Civil Liberties & Civil Rights

Texas Forum on Civil Liberties & Civil Rights is a magazine focusing on Law

Articles from Vol. 7, No. 2, Fall

Affirmative Action in Education: The Trust and Honesty Perspective
IntroductionAffirmative action is one of the most controversial topics for constitutional scholars, perhaps for American society at large as well. Education seems to be the favorite context for such discussions. The debate over whether it should be constitutionally...
Circumventing Rodriguez: Can Plaintiffs Use the Equal Protection Clause to Challenge School Finance Disparities Caused by Inequitable State Distribution Policies?
IntroductionIn 1973, the Supreme Court ruled in San Antonio Independent School District v. Rodriguez that funding disparities among school districts caused by local property taxation did not violate the Equal Protection Clause.1 Applying the rational...
Predicting Future Supreme Court Decisions on Race and the Fourth Amendment
IntroductionOliver Wendell Holmes's theory of legal realism, which contends that written law is patently incomplete and compels wide judicial discretion in interpretation and application,1 has been called the "What the Judge Ate for Breakfast" theory...
Reasonable Accommodations as Constitutional Obligations
Individuals with disabilities historically have not had equal access to education, employment, and community services. Those with disabilities require reasonable accommodations to gain access to many areas of public life. In Garrett v. University of...
When an Anatomical "Gift" Isn't a Gift: Presumed Consent Laws as an Affront to Religious Liberty
I. Presumed Consent in TexasA. Texas statutes broadly authorize medical examiners to harvest body parts without consent.B. Modern definitions of death that encompass brain death result in increasingly invasive organ harvesting under presumed consent...
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