Subjects -> LAW (Total: 1397 journals)
    - CIVIL LAW (30 journals)
    - CONSTITUTIONAL LAW (52 journals)
    - CORPORATE LAW (65 journals)
    - CRIMINAL LAW (28 journals)
    - CRIMINOLOGY AND LAW ENFORCEMENT (161 journals)
    - FAMILY AND MATRIMONIAL LAW (23 journals)
    - INTERNATIONAL LAW (161 journals)
    - JUDICIAL SYSTEMS (23 journals)
    - LAW (843 journals)
    - LAW: GENERAL (11 journals)

CONSTITUTIONAL LAW (52 journals)

Showing 1 - 32 of 32 Journals sorted alphabetically
Anuario de Derechos Humanos. Nueva Época     Open Access   (Followers: 3)
Asia Pacific Journal on Human Rights and the Law     Hybrid Journal   (Followers: 22)
Berkeley Journal of African-American Law & Policy     Open Access   (Followers: 4)
Constitutional Commentary     Full-text available via subscription   (Followers: 8)
Constitutional Forum : Forum constitutionnel     Open Access   (Followers: 7)
Constitutional Political Economy     Hybrid Journal   (Followers: 10)
Contemporary Politics     Hybrid Journal   (Followers: 10)
Duke Journal of Constitutional Law & Public Policy     Open Access   (Followers: 11)
Estudios Constitucionales     Open Access   (Followers: 5)
European Constitutional Law Review (EuConst)     Full-text available via subscription   (Followers: 49)
Global Constitutionalism     Hybrid Journal   (Followers: 20)
Human Rights Law Review     Hybrid Journal   (Followers: 65)
Humanity : An International Journal of Human Rights, Humanitarianism, and Development     Full-text available via subscription   (Followers: 20)
International Human Rights Law Review     Hybrid Journal   (Followers: 39)
International Journal of Constitutional Law     Hybrid Journal   (Followers: 56)
International Journal of Human Rights     Hybrid Journal   (Followers: 55)
International Journal of Human Rights and Constitutional Studies     Hybrid Journal   (Followers: 18)
International Journal on Minority and Group Rights     Hybrid Journal   (Followers: 9)
Journal of Human Rights and the Environment     Full-text available via subscription   (Followers: 6)
Journal of Law, Religion and State     Hybrid Journal   (Followers: 4)
Journal of Legislation     Open Access   (Followers: 5)
Law and Humanities     Hybrid Journal   (Followers: 8)
Pensamiento Constitucional     Open Access   (Followers: 3)
Religion and Human Rights     Hybrid Journal   (Followers: 13)
Revista Española de Derecho Constitucional     Open Access   (Followers: 1)
Revus     Open Access   (Followers: 3)
Seton Hall Legislative Journal     Open Access   (Followers: 3)
Theory and Practice of Legislation     Hybrid Journal   (Followers: 9)
University of Pennsylvania Journal of Constitutional Law     Open Access   (Followers: 5)
Washington and Lee Journal of Civil Rights and Social Justice     Open Access   (Followers: 8)
William & Mary Bill of Rights Journal     Open Access   (Followers: 6)
Zeitschrift für öffentliches Recht     Hybrid Journal   (Followers: 25)
Similar Journals
Journal Cover
Washington and Lee Journal of Civil Rights and Social Justice
Number of Followers: 8  

  This is an Open Access Journal Open Access journal
ISSN (Print) 1535-0843
Published by Washington and Lee University Homepage  [3 journals]
  • The Witch-Hunt for Spies - A Critique of the China Initiative and National
           Security’s Outsized Influence in Equal Protection Analysis

    • Authors: Winni Zhang
      Abstract: The U.S. Government has increased its focus on Chinese espionage in the last decade in a randomized and unpredictable way. Primarily targeting Chinese scientists and academics, the “China Initiative” has resulted in widespread targeting of individuals based on their race, ethnicity, and national origin. The program was formally terminated and said to now be a part of a broader approach to nation-state threats. However, the outcomes and effect of the economic espionage charges in the last 15 years has greatly skewed towards prosecuting Chinese individuals irrespective of the name of the program. While protections typically exist in the law to protect against targeting based on race, ethnicity, or national origin, the Government has consistently prevailed against civil rights claims tangentially related to national security. The Note examines the China Initiative, proposes a need to rewrite strict scrutiny analysis in Equal Protection Claims related to national security, and calls on civil rights advocacy groups to combat the new, more expanded economic espionage act as a violation of the Fourteenth and Fifth Amendment as discrimination under national origin and race.
      PubDate: Mon, 24 Jun 2024 07:26:57 PDT
       
  • A PSA on the CSAA: How the Child Soldiers Accountability Act Should Guide
           the United States’ Approach to Criminalizing the Recruitment of Minors
           into Gangs

    • Authors: Chandler Marshall
      Abstract: The use and recruitment of child soldiers in situations of armed conflict has been widely documented over the past century, discussed in the media and in academia, and condemned by prominent members of the international community. Beginning in the 20th century, international legal frameworks were developed to protect children in vulnerable communities across the globe and punish those responsible for their recruitment in regions of armed conflict. While the international community and the United States have taken great strides to protect children from recruitment and militarization, the United States lacks any effective domestic laws to protect vulnerable children on American soil. At this moment, there is no legal framework in the United States to protect children from recruitment into criminal street gangs. This Note analyzes the approaches taken by the United States and the international community in establishing legal frameworks to combat the child soldier problem, in an attempt to introduce a similar approach to the problem of juvenile gang recruitment in the United States. Specifically, this Note proposes that the United States adopt comprehensive legislation to criminalize the recruitment of minors into gangs, using the Child Soldiers Accountability Act and the existing international response to the use of child soldiers as a blueprint.
      PubDate: Mon, 24 Jun 2024 07:26:54 PDT
       
  • Standing Up to Bounty Laws: Examining State Standing Jurisprudence and Its
           Effect on Laws Enforced Through Private Rights of Action

    • Authors: Olivia A. Luzzio
      Abstract: The Texas Heartbeat Act (SB 8) adopted a unique enforcement scheme that succeeded in circumventing Roe v. Wade’s protection of a woman’s right to abortion before viability. By prohibiting enforcement of the Act by public officials and instead authorizing enforcement solely through civil actions by “any person,” SB 8 effectively ended a women’s right to abortion after a fetal heartbeat is detected. The passage of this law placed the protection of other constitutionally endowed rights in jeopardy and facilitated the passage of similarly constructed legislation, such as California’s Senate Bill 1327, which authorizes “any person” to sue anyone who manufactures or distributes illegal firearms. Recent articles have examined various avenues for defeating these bounty laws but have fallen short of reaching a pathway to combat this legislation and its harmful effects. This article specifically examines how standing doctrine in Texas and California enables the success of bounty laws, and potential strategies for challenging these laws through state standing jurisprudence.
      PubDate: Mon, 24 Jun 2024 07:26:51 PDT
       
  • Skirting the Fourth Amendment: How Law Enforcement Agencies Abuse
           Technology and Constitutional Exceptions to Surveille the Public

    • Authors: Matthew Lloyd
      Abstract: Existing Fourth Amendment law does not protect against law enforcement use of data gathered through the internet either by private companies who actively search their customer’s data and submit evidence of misconduct to law enforcement or from private companies who acquire the data on behalf of law enforcement. In an effort to pursue criminals, courts have permitted Fourth Amendment jurisprudence to develop in a manner that permits sweeping invasions of privacy without any probable cause through the private search doctrine or without any procedural protections through the third-party doctrine. It will require substantial judicial or legislative action to return the level of privacy and security promised by the Fourth Amendment. Current law is split over whether to evaluate technology-based invasions using a human based approach that requires a human to actively participate in the invasions for them to be permissible or a statistics-based approach that permits invasions of privacy so long as there is a high statistical chance that contraband will not be misidentified. Providing citizens with security from the invasion itself has become lost in the debate over the correct way that a citizen’s privacy should be warrantlessly invaded. The Supreme Court should stop the existing doctrines from applying to modern data collection because the existing legal framework was not designed, nor is able, to prevent improper invasions of data. Congress should pass national legislation to limit the ability of private actors to engage in reciprocal relationships with law enforcement where law enforcement receives information that would ordinarily require a warrant. For individual data to be granted the same protections that personal data had prior to the development of modern technology both Congress and the Supreme Court will need to take substantial steps.
      PubDate: Mon, 24 Jun 2024 07:26:48 PDT
       
  • Fitting a Block into a Sphere Mold: The Inadequacy of Current Data Privacy
           Regulations in Protecting Data Privacy within the Blockchain Space

    • Authors: Jenny Yang
      Abstract: Despite global imposition of data privacy laws and regulations, data privacy is a nonexistent luxury amongst the data-charged world we live in. Data privacy has long been established as a fundamental right. Entities have successfully established robust methodologies around existing data privacy laws and regulations to utilize past consumer behavior to predict, impact and manipulate current and future consumer behaviors. This phenomenon has been commonly coined as “corporate surveillance.” Emerging spaces arising through technological developments have greater access into consumer data to impact economic choices. Specifically, the blockchain space, through its unique open-source and permanent traits, has been able to skirt around data privacy laws and regulations through its nonconventional decentralized nature. Current data privacy regulations are geared towards centralized systems, thus not readily applicable to decentralized blockchains. While most blockchain spaces boast of increased security, the danger lies within the increased volume and access into data collection itself that is not regulated, prompting greater invitation for bad actors. Countries, especially the United States, should impose stricter data privacy regulations to impact the blockchain space to provide consumers greater data protection within emerging new technological spaces. Blockchain spaces should also have minimum data privacy protection mechanisms such as the usage of zero-knowledge proofs and integration of data privacy regulations at the system’s foundation. Through the combination of establishing necessary requirements and heightened regulations, consumer data and privacy can be better protected as a fundamental right.
      PubDate: Mon, 24 Jun 2024 07:26:45 PDT
       
  • Bivens and Beyond: Creating a Meaningful Remedy for Federal Prisoners in a
           Post-Boule Landscape

    • Authors: Hannah M. Wilk
      Abstract: For nearly 50 years, the Bivens action served as a vehicle to compensate individuals when their constitutional rights had been infringed on by a federal officer. Bivens actions operated as the federal equivalent of Section 1983 claims in state courts against state officers. But in June 2022, with a conservative majority in the U.S. Supreme Court, the Bivens framework was gutted by Egbert v. Boule. Boule held that if a Bivens claim is filed in a context that differs from the three previously accepted contexts (the Fourth, Fifth, and Eighth Amendments), the claim must fail, as Congress is better equipped to address the issue. In the context of federal prisoners, this drastically alters the current landscape, and makes it harder for prisoners in federal custody to file claims for relief when their civil rights have been violated. Federal prisoners are a vulnerable population and this post-Boule landscape leaves them without a meaningful remedy when their constitutional rights have been violated. This Note examines how Boule altered the Bivens landscape and offers support for a strengthening of Bivens actions and further protection of federal prisoner rights based on precedent and social policy.
      PubDate: Mon, 24 Jun 2024 07:26:42 PDT
       
  • More Harm than Good: How State-Sponsored Gentrification Is Driving the
           Affordable Housing Crisis, and a Call for Accountability and
           Source-of-Income Protections

    • Authors: Tolly Maloney
      Abstract: The affordable housing crisis in the United States stands at the center of conversations surrounding economic, social, and political reform. The inability of millions of Americans to afford a safe place to live is the result of decades of legislation aimed at fiscally benefitting the individuals developing and managing properties labeled “affordable” as opposed to placing low-income Americans in suitable, long-term housing. This Note argues that state-sponsored gentrification, paired with ineffective housing assistance programs and discrimination, is driving the affordable housing crisis in the Commonwealth of Virginia. This Note studies several policy examples of state-sponsored gentrification in Northern Virginia, Richmond, and Hampton Roads before analyzing the assistance programs that are unable to function alongside the rapid rise in the cost of living. These policies and programs, in turn, result in source of income discrimination for program participants. This Note concludes by calling for a restructuring of affordable housing at a high policy level in addition to the passage of the Fair Housing Improvement Act.
      PubDate: Mon, 24 Jun 2024 07:26:40 PDT
       
  • Battle of the Lands: The Creation of Land Grant Institutions and HBCUs –
           Fostering a Still Separate and Still Unequal Higher Education System

    • Authors: Jasmine Cooper
      Abstract: In HBCU culture, the Battle of the Bands is a competition between school marching bands to determine the “best of the best”. It is a cultural celebration that symbolizes friendly competition and showcases students’ pride in their school. Unfortunately, since their inception, Historically Black Colleges, and Universities (“HBCUs”) have been battling for legitimacy in America’s higher education system. From the beginning, HBCUs were often the only place African Americans could receive an education. Today, HBCUs are known for creating some of the most successful Black graduates and serve as a safe haven for Black students seeking an education in an environment with people who look like them. But public HBCUs from the beginning have been underfunded, intentionally shut down, and negatively affected by state and federal government legislation. This Note tracks the founding of HBCUs. Next, this Note argues that the original purpose of HBCUs was never to be equal to white institutions but to keep Black people out of state land-grant institutions that were founded to train poor whites to create a middle class of managers. Through evaluating the Supreme Court’s education jurisprudence and legislative history, this Note concludes by suggesting new ways to ensure that all public HBCUs are properly funded to give the institutions a fighting chance in continuing to educate America’s youth.
      PubDate: Mon, 24 Jun 2024 07:26:37 PDT
       
  • Reflections of a Non-Abolitionist Admirer of the Police Abolition Movement

    • Authors: Corey Stoughton
      Abstract: To acknowledge that the abolition movement made reform better is not to reduce the movement to that purpose. For the non-abolitionist, the end of reform is better policing. For the abolitionist, reform is at best “a strategy or tactic toward transformation,” meaning contesting and ultimately eliminating policing. These are not compatible visions. But even if the collaboration between holders of these visions is just a tactical alliance, it is a tactical alliance that is producing good results. Perhaps those good results will lay a foundation for abolition, or perhaps they will seed in abolitionists’ fertile imaginations a positive vision of policing that, for too many people struggling in present realities, remains as yet inconceivable.
      PubDate: Mon, 24 Jun 2024 07:26:34 PDT
       
  • Colorblind and Color Mute: Words Unspoken in U.S. Supreme Court Oral
           Arguments

    • Authors: Chris Chambers Goodman
      Abstract: The U.S. Supreme Court holds oral arguments on 70 to 80 cases each year, with fewer than a dozen most years involving issues around race or ethnicity. When the salience of race is clear, Supreme Court observers would expect to hear racial terms used in the arguments by counsel, as well as in the Justice’s questions.Surprisingly, this research study demonstrates that is not the case. These racial terms - such as color, discriminate, minority, race, and its various related terms like racial, racially, racist, as well as combinations like race-neutral, and race-blind - only sparsely appear in oral argument transcripts of cases implicating racial issues. In one case involving racial discrimination against a black postal worker, the term “black” was used only three times in the court opinion and not at all in the oral argument.The research methodology began with creating a list of U.S. Supreme Court cases in which issues of race, ethnicity, tribal, or national origin discrimination were raised in petitions heard in 2018–22. The specific manifestations ranged from gerrymandering and redistricting, peremptory strikes, employment discrimination, disparaging trademarks, travel bans and Deferred Action for Childhood Arrivals, as well as affirmative action.The initial research led to three main findings: (1) how infrequently these terms were used during the course of oral arguments in these race-specific cases; (2) that when these words were used, it was usually by the attorneys arguing the cases, not the justices; and (3) some justices almost never mention these terms. The next step involved analyzing how often these terms appeared in the eventual court decisions, which also led to some surprising results. An analysis of the 2022–23 term’s oral arguments and Court opinions yielded results more consistent with expectations about the frequency of RETNO terms used in cases involving RETNO issues, perhaps attributable to the investiture of a third justice of color on the Court, which could constitute a critical mass. The final section also provides a roadmap for forthcoming additional research based on these preliminary findings.
      PubDate: Mon, 24 Jun 2024 07:26:31 PDT
       
  • When Public Meets Private: Private School Enrollment and Segregation in
           Virginia

    • Authors: Genevieve Siegel-Hawley et al.
      Abstract: Recognizing Virginia’s central role in the expansion of segregated southern private schools after the Brown v. Board of Education ruling, we review law and policy related to private school segregation. We also conduct an empirical analysis of Virginia private school enrollment and segregation since the turn of the twenty-first century, finding uneven enrollment even as the number of private schools has grown. Segregation in the sector is deepening. As public funding for private schools rises, we make the case that the increasingly blurred lines between public and private education in Virginia are rooted in adaptive discrimination.
      PubDate: Mon, 24 Jun 2024 07:26:28 PDT
       
  • Slavery.AI

    • Authors: Emile Loza de Siles
      Abstract: The artificial intelligence market is swarming. Supercharged start-ups, global tech giants, and increasingly algorithmic governments target diverse use cases with new and stunningly innovative AI applications coming online every day. Where people are the computational subjects of those algorithmic machinations, however, there is no law, present or effective, to protect them against great and propagating harms. Consequently, people become data production units, the commoditized of the Data Industrial Complex and unfree, unpaid inputs to AI production.This Article shares a new and provocative vision. It theorizes that unregulated AI systems and uses are giving rise to an emergent form of modern slavery: Slavery.AI. The Article examines the three structural systems of power that were responsible for historical chattel slavery and are at work today in Slavery.AI. Against these interdigitating power structures, the evolution of two legal concepts have brought forth, respectively, people-as-data-as-property and, ultimately, as inputs to AI production, and modern slavery in all its hideous permutations. At the confluence of these power systems and trends, Slavery.AI is emerging, as defined, theorized, and exemplified here. The Article crafts a crucible in which to test its theory of Slavery.AI against the universal characteristics of systems of slavery and demonstrates how those characteristics sounding in property and in the abuse of power through cooptations of the rule of law are firmly entrenched or on their way to being so. This illustrated proof of concept holds. It also reveals that there may be yet be opportunities for responsible leaders to save freedom and to emancipate people from Slavery.AI.
      PubDate: Mon, 24 Jun 2024 07:26:26 PDT
       
  • Editor's Note

    • PubDate: Mon, 24 Jun 2024 07:26:23 PDT
       
 
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  Subjects -> LAW (Total: 1397 journals)
    - CIVIL LAW (30 journals)
    - CONSTITUTIONAL LAW (52 journals)
    - CORPORATE LAW (65 journals)
    - CRIMINAL LAW (28 journals)
    - CRIMINOLOGY AND LAW ENFORCEMENT (161 journals)
    - FAMILY AND MATRIMONIAL LAW (23 journals)
    - INTERNATIONAL LAW (161 journals)
    - JUDICIAL SYSTEMS (23 journals)
    - LAW (843 journals)
    - LAW: GENERAL (11 journals)

CONSTITUTIONAL LAW (52 journals)

Showing 1 - 32 of 32 Journals sorted alphabetically
Anuario de Derechos Humanos. Nueva Época     Open Access   (Followers: 3)
Asia Pacific Journal on Human Rights and the Law     Hybrid Journal   (Followers: 22)
Berkeley Journal of African-American Law & Policy     Open Access   (Followers: 4)
Constitutional Commentary     Full-text available via subscription   (Followers: 8)
Constitutional Forum : Forum constitutionnel     Open Access   (Followers: 7)
Constitutional Political Economy     Hybrid Journal   (Followers: 10)
Contemporary Politics     Hybrid Journal   (Followers: 10)
Duke Journal of Constitutional Law & Public Policy     Open Access   (Followers: 11)
Estudios Constitucionales     Open Access   (Followers: 5)
European Constitutional Law Review (EuConst)     Full-text available via subscription   (Followers: 49)
Global Constitutionalism     Hybrid Journal   (Followers: 20)
Human Rights Law Review     Hybrid Journal   (Followers: 65)
Humanity : An International Journal of Human Rights, Humanitarianism, and Development     Full-text available via subscription   (Followers: 20)
International Human Rights Law Review     Hybrid Journal   (Followers: 39)
International Journal of Constitutional Law     Hybrid Journal   (Followers: 56)
International Journal of Human Rights     Hybrid Journal   (Followers: 55)
International Journal of Human Rights and Constitutional Studies     Hybrid Journal   (Followers: 18)
International Journal on Minority and Group Rights     Hybrid Journal   (Followers: 9)
Journal of Human Rights and the Environment     Full-text available via subscription   (Followers: 6)
Journal of Law, Religion and State     Hybrid Journal   (Followers: 4)
Journal of Legislation     Open Access   (Followers: 5)
Law and Humanities     Hybrid Journal   (Followers: 8)
Pensamiento Constitucional     Open Access   (Followers: 3)
Religion and Human Rights     Hybrid Journal   (Followers: 13)
Revista Española de Derecho Constitucional     Open Access   (Followers: 1)
Revus     Open Access   (Followers: 3)
Seton Hall Legislative Journal     Open Access   (Followers: 3)
Theory and Practice of Legislation     Hybrid Journal   (Followers: 9)
University of Pennsylvania Journal of Constitutional Law     Open Access   (Followers: 5)
Washington and Lee Journal of Civil Rights and Social Justice     Open Access   (Followers: 8)
William & Mary Bill of Rights Journal     Open Access   (Followers: 6)
Zeitschrift für öffentliches Recht     Hybrid Journal   (Followers: 25)
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JournalTOCs
School of Mathematical and Computer Sciences
Heriot-Watt University
Edinburgh, EH14 4AS, UK
Email: journaltocs@hw.ac.uk
Tel: +00 44 (0)131 4513762
 


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