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Diversity, Equity, and Inclusion

A resource guide developed by the Office of Diversity, Equity, and Inclusion at Saint Louis University Law School

Commerce Clause

United States v. Morrison 529 U.S. 598

Heart of Atlanta Motel, Inc. v. United States 379 U.S. 241, 85 S.Ct. 348, 13 L.Ed.2d 258, 1 Empl. Prac. Dec. P 9712

Motel seeks declaratory judgment challenging the constitutionality of the Civil Rights Act of 1964. Hotel wanted to refuse service to African-Americans

United States v. Morrison 529 U.S. 598

Violence Against Women Act of 1994 allows recovery of compensatory and punitive damages, injunctive and declaratory relief, for victims of gender-motivated violence

Heart of Atlanta Motel, Inc. v. United States 379 U.S. 241, 85 S.Ct. 348, 13 L.Ed.2d 258, 1 Empl. Prac. Dec. P 9712

Because the hotel’s policies would discourage African-Americans from traveling interstate and participating in commerce, regulating the discrimination is therefore constitutional

United States v. Morrison 529 U.S. 598

Even though gender-based violence might affect victims’ willingness and ability to engage in interstate commerce, this alone is not enough to justify regulating non-economic and violent criminal conduct

Heart of Atlanta Motel, Inc. v. United States 379 U.S. 241, 85 S.Ct. 348, 13 L.Ed.2d 258, 1 Empl. Prac. Dec. P 9712

discrimination based on race; how the language of the case was written to allow SCOTUS to rule on it based on commerce

United States v. Morrison 529 U.S. 598

discussion of gender-motivated violence and its lasting effects today

Heart of Atlanta Motel, Inc. v. United States 379 U.S. 241, 85 S.Ct. 348, 13 L.Ed.2d 258, 1 Empl. Prac. Dec. P 9712

Casebook

United States v. Morrison 529 U.S. 598

Casebook

Heart of Atlanta Motel, Inc. v. United States 379 U.S. 241, 85 S.Ct. 348, 13 L.Ed.2d 258, 1 Empl. Prac. Dec. P 9712

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United States v. Morrison 529 U.S. 598

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Federal Judicial Power

United States v. Klein 80 U.S. 128

United States v. Klein 80 U.S. 128

Congress adopted a statute allowing a person whose property was seized during the Civil War to recover the property upon proof that he had not offered aid or comfort to the enemy. USSC later rules that presidential pardon is conclusive proof that the person did not offer aid. In response, congress quickly adopted a statute mandating that a pardon, without express disclaimer of guilt, was proof that the person aided the rebellion and would thus deny the federal courts jurisdiction over the claims

United States v. Klein 80 U.S. 128

Because the statute is a response to the USSC’s exercise of its constitutionally-prescribed power to interpret the law and it effectively directs the outcome of the case by denying the Court’s jurisdiction once it has found that the claimant has received a pardon, the statute is unconstitutional

United States v. Klein 80 U.S. 128

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United States v. Klein 80 U.S. 128

Casebook

United States v. Klein 80 U.S. 128

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Mootness

Roe v. Wade 410 U.S. 113

Roe v. Wade 410 U.S. 113

Pregnant woman files lawsuit while in first trimester seeking declaratory judgment that TX law prohibiting abortion was unconstitutional

Roe v. Wade 410 U.S. 113

Because pregnancy would likely end before the usual appellate process is complete and because it will also often come more than once to the same woman, the case is not moot

Roe v. Wade 410 U.S. 113

incorporate discussion of discriminatory practices against women and reproductive rights

Roe v. Wade 410 U.S. 113

Casebook

Roe v. Wade 410 U.S. 113

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Standing

Allen v. Wright, 468 U.S. 737, 104 S. Ct. 3315, 82 L. Ed. 2d 556, 1984 U.S. LEXIS 149, 52 U.S.L.W. 5110, 84-2 U.S. Tax Cas. (CCH) P9611, 54 A.F.T.R.2d (RIA) 5361

African-American parents sue IRS for wrongfully granting tax-exempt status to private schools practicing discriminatory policies. They allege that the government is causing the symbolic harm of essentially endorsing discrimination. They also allege that the IRS’s actions are impeding the desegregation of schools in the district

Allen v. Wright, 468 U.S. 737, 104 S. Ct. 3315, 82 L. Ed. 2d 556, 1984 U.S. LEXIS 149, 52 U.S.L.W. 5110, 84-2 U.S. Tax Cas. (CCH) P9611, 54 A.F.T.R.2d (RIA) 5361

Because the plaintiff was not personally discriminated against and because it is unclear whether the injury was caused by the IRS or whether a favorable decision would redress the Plaintiff’s injury, the Plaintiffs lack standing

Allen v. Wright, 468 U.S. 737, 104 S. Ct. 3315, 82 L. Ed. 2d 556, 1984 U.S. LEXIS 149, 52 U.S.L.W. 5110, 84-2 U.S. Tax Cas. (CCH) P9611, 54 A.F.T.R.2d (RIA) 5361

discrimination and segregation

Allen v. Wright, 468 U.S. 737, 104 S. Ct. 3315, 82 L. Ed. 2d 556, 1984 U.S. LEXIS 149, 52 U.S.L.W. 5110, 84-2 U.S. Tax Cas. (CCH) P9611, 54 A.F.T.R.2d (RIA) 5361

Casebook

Allen v. Wright, 468 U.S. 737, 104 S. Ct. 3315, 82 L. Ed. 2d 556, 1984 U.S. LEXIS 149, 52 U.S.L.W. 5110, 84-2 U.S. Tax Cas. (CCH) P9611, 54 A.F.T.R.2d (RIA) 5361

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