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A Battle Of The Amendments: Why Ending Discrimination In The Courtroom May Inhibit A Criminal Defendant’S Right To An Impartial Jury, Gina M. Chiappetta
A Battle Of The Amendments: Why Ending Discrimination In The Courtroom May Inhibit A Criminal Defendant’S Right To An Impartial Jury, Gina M. Chiappetta
Fordham Law Review
Since the U.S. Supreme Court began limiting the exercise of peremptory challenges to safeguard potential jurors from discrimination, it has faced a nearly impossible task. The Court has attempted to safeguard a juror’s equal protection rights without eradicating the peremptory challenge’s ability to preserve a criminal defendant’s right to an impartial jury. Under the current legal framework, it is not certain whether either constitutional right is adequately protected. This Note examines the history of the Supreme Court’s limitation on peremptory challenges. It then discusses the current federal circuit split over whether peremptory challenges should be further limited. Finally, this Note …
The Return Of Noncongruent Equal Protection, Brian Soucek
The Return Of Noncongruent Equal Protection, Brian Soucek
Fordham Law Review
Contemporary equal protection doctrine touts the principle of congruence: the notion that equal protection means the same thing whether applied to state or to federal laws. The federalism-tinged equal protection analysis at the heart of Justice Kennedy’s opinion in United States v. Windsor, however, necessarily violates the congruence principle. Commentators and courts—especially those deciding how Windsor’s federalism should affect the ever-growing number of state same-sex marriage cases—have so far failed to account for Windsor’s noncongruent equal protection, much less ask whether noncongruence is generally desirable, and if so, what form it should take.
This Article draws answers …
Unearthing The Public Interest: Recognizing Intrastate Economic Protectionism As A Legitimate State Interest, Katharine M. Rudish
Unearthing The Public Interest: Recognizing Intrastate Economic Protectionism As A Legitimate State Interest, Katharine M. Rudish
Fordham Law Review
In Oklahoma, a person must complete sixty-credit hours of undergraduate training and embalm twenty-five bodies before being legally licensed to sell caskets in the state. In Louisiana, in order to sell caskets, one must operate a fully licensed funeral establishment, defined as a place dedicated to preparing bodies for burial. In recent years, these states and others have faced legal challenges to casket sale restrictions by individuals who wish to sell caskets directly to the public, yet who are unable to do so as they are not licensed funeral directors. Courts have grappled with whether these state regulations, which in …
Where Public And Private Spaces Converge: Discriminatory Media Access To Government Information, Ilana Friedman
Where Public And Private Spaces Converge: Discriminatory Media Access To Government Information, Ilana Friedman
Fordham Law Review
No abstract provided.
When Equal Protection Fails: How The Equal Protection Justification For Abortion Undercuts The Struggle For Equality In The Workplace, Kristina M. Mentone
When Equal Protection Fails: How The Equal Protection Justification For Abortion Undercuts The Struggle For Equality In The Workplace, Kristina M. Mentone
Fordham Law Review
No abstract provided.
Domestic Relations Jurisprudence And The Great, Slumbering Baehr: On Definitional Preclusion, Equal Protection, And Fundamental Interests, Mark Strasser
Fordham Law Review
No abstract provided.
Equal Protection And Moral Circumstance: Accounting For Constitutional Basics, Donald E. Lively
Equal Protection And Moral Circumstance: Accounting For Constitutional Basics, Donald E. Lively
Fordham Law Review
No abstract provided.
Equal Protection And The Procedural Bar Doctrine In Federal Habeas Corpus, Laura Gaston Dooley
Equal Protection And The Procedural Bar Doctrine In Federal Habeas Corpus, Laura Gaston Dooley
Fordham Law Review
No abstract provided.
Getting At The Truth: Adversarial Hearings In Batson Inquiries, L. Ashley Lyu
Getting At The Truth: Adversarial Hearings In Batson Inquiries, L. Ashley Lyu
Fordham Law Review
No abstract provided.
Sex Discrimination And The Burger Court: A Retreat In Progress?, Caren Dubnoff
Sex Discrimination And The Burger Court: A Retreat In Progress?, Caren Dubnoff
Fordham Law Review
No abstract provided.
Inmate Abortions--The Right To Government Funding Behind The Prison Gates, Anne T. Vitale
Inmate Abortions--The Right To Government Funding Behind The Prison Gates, Anne T. Vitale
Fordham Law Review
No abstract provided.
Inmate Abortions--The Right To Government Funding Behind The Prison Gates, Anne T. Vitale
Inmate Abortions--The Right To Government Funding Behind The Prison Gates, Anne T. Vitale
Fordham Law Review
No abstract provided.
Equal Protection And Discrimination In Public Accommodations
Equal Protection And Discrimination In Public Accommodations
Fordham Law Review
No abstract provided.