March 2008 Vol. 106 No. 5 THE REVIEW
ARTICLES

Public Rights, Social Equality, and the Conceptual Roots of the Plessy Challenge

Rebecca J. Scott

This Article argues that the test case that gave rise to the 1896 decision in Plessy v. Ferguson is best understood as part of a well-established, cosmopolitan tradition of anticaste activism in Louisiana rather than as a quixotic effort that contradicted nineteenth-century ideas of the boundaries of citizens’ rights. By drawing a dividing line between civil and political rights, on the one hand, and social rights, on the other, the Supreme Court construed challenges to segregation as claims to a “social equality” that was beyond the scope of judicially cognizable rights. The Louisiana constitutional convention of 1867–68, however, had defined citizens’ rights within a quite different typology, conferring a state constitutional guarantee to all citizens of the same “civil, political, and public rights,” and providing the basis for successful litigation against forced separation on public transportation and in public accommodations.

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Federal Fairness to State Taxpayers: Irrationality, Unfunded Mandates, and the "SALT" Deduction

Brian Galle
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NOTES

Don't Cross the Streams: Past and Present Overstatement of Customary International Law in Connection with Conventional Fair and Equitable Treatment Obligations

Theodore Kill

The obligation to provide fair and equitable treatment to foreign investors and investments has existed as a concept of international economic law at least since the 1919 Covenant of the League of Nations. The fair and equitable treatment provision is a key protection contained in the vast majority of modern bilateral investment treaties. Tribunals adjudicating alleged breaches of these fair and equitable treatment provisions have not arrived at a uniform interpretation of the term. 

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Confidence in the Nonprofit Sector Through Sarbanes-Oxley-Style Reforms

Joseph Mead
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& Other Current Events

Speedy Trial as a Viable Challenge to Chronic Underfunding in Indigent-Defense Systems

Across the country, underresourced indigent-defense systems create delays in taking cases to trial...

A Blended Approach to Reducing the Costs of Shareholder Litigation

Multiforum litigation and federal securities law class actions impose heavy costs on corporations and...

The Scope of Precedent

The scope of Supreme Court precedent is capacious. Justices of the Court commonly defer to sweeping rationales...

Reinventing Copyright and Patent

Intellectual property systems all over the world are modeled on a one-size-fits-all principle. However...

Protecting Whistleblower Protections in the Dodd-Frank Act

In 2008, the United States fell into its worst economic recession in over seventy years. In response,...
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