Notes Towards a Seminar on Civil Rights in 2011


I would like to take this Seminar Around the Country but I would need sponsors and venues…  Anyone willing or able to Sponsor or offer a venue should contact me or Peyton Yates Freiman at 512-968-2415 (or if voicemail is full or phones otherwise down), write to Peyton at freimanthird@gmail.com or to me at charles.lincoln@rocketmail.com.  I think Bob Hurt may be trying to organize a first presentation in Clearwater: bob@bobhurt.com, (727) 669-5511.  I would like to present this coast-to-coast!

“Civil Rights in the 21st Century: To Whom do the Rights Belong? Who is Entitled to Remedy?”

RACE AND AFFIRMATIVE ACTION: STRICT SCRUTINY: THE HEART OF THE PROBLEM

FROM DRED SCOTT TO GRUTTER v. BOLINGER—Bakke v. Regents of the University of California, Richmond v. Croson, & Aldarand v. Pena

A HUNDRED AND TWENTY YEARS OF SILENCE 1857-1977

An Introduction to the 13th and 14th Amendment:

Justice Taney decided Scott v. Sanford correctly in 1857—so correctly it took three constitutional amendments to overturn it.

13th Amendment: Involuntary Servitude and the origin of the American “Prison Planet”.

14th Amendment: “Persons” and Citizenship redefined (myth and jurisprudential reality

14th Amendment: Due Process

14th Amendment: Equal Protection

14th Amendment and the “incorporation” of the Bill of Rights

14th Amendment: Privileges & Immunities—how to resucitate

14th Amendment: Implementing Statutes:

42 U.S.C. Section 1981—-Equal Access to the Courts (to protect the rights to make and enforce contracts)

42 U.S.C. Section 1982—-Equal Rights to Own Property

42 U.S.C. Section 1983—-Civil Rights Action

42 U.S.C. Section 1985—-Affirmative Action or General Rights (see also Sections 1981-1982)

42 U.S.C. Section 1986—-the Duty to Prevent Civil Rights Injury

42 U.S.C. Section 1988(a)—Incorporation of the Common Law into the Constitution to create remedies

15th Amendment: The Right to Vote and Political Participation

The Relationship Between the State and Federal Judiciaries

(A) Civil Rights Removal

Rachel v. Georgia (1966)

Greenwood v. Peacock (1966)

Johnson v. Mississippi (1975)

(B) Civil Rights Injunctions

Dombrowski v. Pfister (1965)—Sidebar: Jim Garrison and the JFK Story

Younger v. Harris (1971)—California—why is this a DOCTRINE and Dombrowski forgotten?

Mitchum v. Foster (1972)—Florida—why is this the Final Element of the Trilogy….

(C) Federal Civil Rights in the State Courts

Texas & Montana

Florida

California

Massachusetts, Michigan, & New Jersey

(1) Application of Civil Rights Law to Mortgage Challenges and Credit generally

(2) Application of Civil Rights Law to Florida Mortgage Foreclosure Procedures & Customs

(3) Application of Civil Rights Law to California Mortgage Foreclosure Procedures & Customs

(4) Application of Civil Rights Law to Massachusetts & New Jersey Foreclosure Procedures & Customs

 

(5) The Interface of Family Law and Constitutional Law: State Licensed Marriage

(6) The Interface of Family Law and Constitutional Law: Raising and Caring for Children Children

(7) The Interface of Family Law and Constitutional Law: Religious Freedom and Establishment

(8) The Interface of Family Law and Constitutional Law: Dissolution Procedures

(9) The Interface of Family Law and Constitutional Law: Post-Dissolution State Involvement in the Family

(10) Full Circle—Family Law and Involuntary Servitude: How to Resuscitate Chief Justice Taney’s Due Process of Law without repealing the 13th Amendment and with only minor modifications to the 14th….

Charles Edward Lincoln, III

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