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

Fall Submission Season

MLR’s Articles Office will open its fall submission season on Monday, August 18!  The Articles...

The Ninth Circuit's Treatment of Sexual Orientation: Defining “Rational Basis Review with Bite”

On February 10, Nevada's Democratic attorney general decided to stop defending the state's constitutional...

Inhibiting Intrastate Inequalities: A Congressional Approach to Ensuring Equal Opportunity to Finance Public Education

The United States has exhibited a strong commitment to public education throughout its history. The local...

War Is Governance: Explaining the Logic of the Laws of War from a Principal-Agent Perspective

What is the purpose of the international law on armed conflict, and why would opponents bent on destroying...

Tariffication of the Coastwise Trade Laws

The coastwise trade laws prohibit foreign vessels and mariners from transporting goods or passengers...
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