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A plethora of empirical studies, such as the Institute of Medicine's Unequal Treatment report, have shown that racial inequities in health care continue at the same level as in the Jim Crow Era. Innumerable reasons have been offered to explain the continuation of these health inequities, including racial discrimination. Congress enacted Title VI of the Civil Rights Act of 1964 to put an end to racial discrimination in health care, but it still persists. Given the regulation and enforcement mechanisms established under Title VI explicitly aimed at remedying racial discrimination such as that directed at elderly African-Americans it is unbelievable that these practices continue. Thus, one must ask whether the protections offered by Title VI are more illusory than real in the health care industry? Based on a review of the empirical data and governmental action in this area the answer seems to be that Title VI offers little more protection against racial discrimination than a broken umbrella during a hurricane. In this article, I use empirical data to examine the United States' failure to provide African-Americans with equal access to quality health care by using the problems with the long-term care system as a case study. Section II reviews the history of de jure discrimination in health care institutions. The government's solution to eradicate racial discrimination in health care is examined in Section III. The continuation of de facto racial discrimination in health care is examined in Section IV, and the failure of the government to eradicate this discrimination is discussed in Section V. Finally, Section VI suggests solutions to induce the government and the health care industry to diligently enforce Title VI. In the past, health scholars have written articles concerning racial inequities in health care based on data analysis, while legal scholars have written articles regarding the inadequacies of government enforcement and private rights of actions under Title VI. However before this article, no one has combined data analysis with case law to show that government enforcement of Title VI is not effective in preventing racial discrimination in health care, particularly in the long-term care system.

In 1947, this Review published two lectures on statutory interpretation by Jerome Frank and Felix Frankfurter. Both jurists were concerned with a basic question: How constrained are judges when they interpret legislation? The answers each gives, while similar in some respects, differ strikingly. In arguing that interpretation necessarily involves a creative element, Frank analogizes the role of a judge in interpreting legislation to that of a performer in interpreting a musical composition. Although he argues that judicial creativity is constrained, Frank views statutory interpretation as "a kind of legislation." For Frankfurter, by contrast, in construing a statute, a judge is to disinterestedly carry out the purposes of the legislature. Judicial legislation oversteps the function of the courts. In this Essay, Professor Greenawalt examines these competing paradigms by contrasting them not only with each other, but also with certain illuminating opinions written by Frank and Frankfurter. While the opinions help to point out the limitations of each theory, Professor Greenawalt argues that the Frank and Frankfurter's accounts remain important voices in the contemporary debates about statutory interpretation.

As a punitive measure against the military regime in Burma, state and municipal governments in the United States have adopted laws penalizing firms that conduct business in that nation. This Article analyzes the validity of these statutes and ordinances under various provisions of the U.S. Constitution. After introducing the nature of this development and the constitutional issues raised, Part II of this Article proceeds to examine the character of the local enactments and the political backdrop which lead to their adoption. In Part II, the Authors analyze four federal constitutional issues surrounding the local legislation: implied preemption by federal legislation, impermissible intrusion into federal jurisdiction under the Foreign Commerce Clause, impermissible usurpation of federal authority under the Supremacy Clause, and impermissible delegation of authority to private parties in violation of the the Due Process Clause. In Part IV, the Authors discuss the practical problems presented by parallel and inconsistent foreign policies. This Article concludes that while the local measures are constitutionally infirm, they are unlikely to be challenged by injured firms.

The values of equality and freedom are in constant tension, or so some think. The more society stresses equality, the less freedom people have. For example, Bruce Ackerman would abolish inheritance in his utopian society to insure that every generation begins on an equal footing. Many commentators have advocated restrictions on pornography and hate speech in order to protect the likely targets of these traditionally protected uses of free speech. Additionally, Catharine MacKinnon has invoked the principle of equality in the form of protecting disempowered minorities to argue for a restriction on liberty and freedom. Conversely, the more economic freedom we exercise in the marketplace, the more likely we are to generate disturbing inequalities between the rich and the poor. Political theorists, understandably, take the tension between liberty and equality for granted.

Examining the Supreme Court's recent decisions in the legislative veto case, Professor Strauss stresses the importance of a distinction no Justice observed between use of the veto in matters affecting direct, continuing, political, executive-congressional relations, and use of the veto in a regulatory context. Only the latter, he argues, had to be reached by the Court; and only the latter presents the constitutional difficulties that troubled the Court. The utility of the veto in the political context makes the opinions' sweep regrettable.

Until either article 2, section 28 or the judicial construction of that section is modified, Tennessee will be unable to levy a general personal income tax. The revenue needs of the state will rise dramatically during the next twenty years, placing increasing strain on the antiquated and regressive privilege-property tax structure no win effect.' As noted earlier, a constitutional amendment specifically authorizing a personal income tax does not appear to be a likely prospect for the foreseeable future. The only feasible solution seems to be the passage of a nongraduated income tax, such as that proposed by the Tax Modernization and Reform Commission in an effort to prompt the Tennessee Supreme Court to reconsider and retreat from its present construction of section 28. This may not be as futile as it might at first appear. A nongraduated income tax, exempting the income from property taxed ad valorem, bears at least a surface resemblance to a property tax, and might be characterized as such. This tax would reach the income from personal services, tapping a major new source of revenue.

Based on interviews with more than 100 participants, Van Cott demonstrates how social issues were placed on the constitutional reform agenda and transformed into the nation's highest law. She follows each reform for five years to assess early results of what she calls an emerging model of multicultural constitutionalism

This paper's aim is to reconstruct the electoral question that has affectedItaly for four years. After the famous judgement n.1/2014 of the Constitutional Court, the Italian electoral political system has been one of the most unstable, considering that another electoral system was declared unconstitutional. The latest elections were held with a mixed system that caused a deadlock in the formation of the government. The new electoral law has dissatisfied everyone and seems to be temporary, waiting for a new and coveted political balance.Summary:1. Premise - 2. From 2005 to 2014: three elections with an unconstitutional electoral law - 3. A new electoral law never applied, but unconstitutional - 4. An approved electoral law (in the run-up to the elections) that displeases everyone. - 5. The elections of March 4, 2018 and the deadlock in the formation of the government - 6. A system searching for a coveted balance. ; En este escrito se analiza el controvertido régimen electoral de Italia en los últimos cinco años. Después de la importante decisión 1 de 2014 de la Corte costituzionale, el sistema electoral italiano se encontró entre los más inestables, al declararse inconstitucional dos veces la ley electoral. Lasúltimas elecciones se han llevado a cabo a través de un sistema mixto que ha provocado un estancamiento en la formación del gobierno. La nueva ley electoral ha sido objeto de crítica desde diferentes sectores y parece ser transitoria, en espera de un nuevo y codiciado equilibrio político.

Fundamentals of administrative law and policy -- Evolution of the administrative state -- Constitutional sources of bureaucratic power and restraint -- The statutory framework of the administrative process -- Regulation and rulemaking -- Investigation and enforcement -- Administrative adjudication -- Political control of bureaucracy -- Judicial review of agency actions -- Staffing the administrative state : the law of public employment -- Governmental liability -- Public emergencies.

"With the Constitutional Convention in 1787, America was set to develop a unique system of law. This new system called for a national judiciary headed by a supreme court. This book serves as a history of America's national law with a look at those who set in motion the new Supreme Court and the new federal judiciary"--

The declaration of war : constitutional and unconstitutional violence / Elaine Scarry -- Violence under the law : a judge's perspective / Patricia M. Wald -- Reading violence / Carol J. Greenhouse -- Time, inequality, and law's violence / Douglas Hay -- Private violence as moral action / Robert Weisberg -- Making peace with violence : Robert Cover on law and legal thought / Austin Sarat and Thomas R. Kearns