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Fourteenth Amendment

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Journal

2000

Articles 1 - 20 of 20

Full-Text Articles in Law

The Second Amendment: Structure, History, And Constitutional Change, David Yassky Dec 2000

The Second Amendment: Structure, History, And Constitutional Change, David Yassky

Michigan Law Review

A fierce debate about the Second Amendment has been percolating in academia for two decades, and has now bubbled through to the courts. The question at the heart of this debate is whether the Amendment restricts the government's ability to regulate the private possession of firearms. Since at least 1939 - when the Supreme Court decided United States v. Miller, its only decision squarely addressing the scope of the right to "keep and bear Arms" - the answer to that question has been an unqualified "no." Courts have brushed aside Second Amendment challenges to gun control legislation, reading the Amendment …


Evans V. Smith 220 F.3d 306 (4th Cir. 2000) Sep 2000

Evans V. Smith 220 F.3d 306 (4th Cir. 2000)

Capital Defense Journal

No abstract provided.


Bailey V. Commonwealth 529 S.E.2d 570 (Va. 2000) Sep 2000

Bailey V. Commonwealth 529 S.E.2d 570 (Va. 2000)

Capital Defense Journal

No abstract provided.


Baker V. Corcoran 220 F.3d 276 (4th Cir. 2000) Sep 2000

Baker V. Corcoran 220 F.3d 276 (4th Cir. 2000)

Capital Defense Journal

No abstract provided.


Barnabei V. Angelone 214 F.3d 463 (4th Cir. 2000) Sep 2000

Barnabei V. Angelone 214 F.3d 463 (4th Cir. 2000)

Capital Defense Journal

No abstract provided.


United States V. Barnette 211 F.3d 803 (4th Cir. 2000) Sep 2000

United States V. Barnette 211 F.3d 803 (4th Cir. 2000)

Capital Defense Journal

No abstract provided.


Healing The Blind Goddess: Race And Criminal Justice, Mark D. Rosenbaum, Daniel P. Tokaji May 2000

Healing The Blind Goddess: Race And Criminal Justice, Mark D. Rosenbaum, Daniel P. Tokaji

Michigan Law Review

Once again, issues of race, ethnicity, and class within our criminal justice system have been thrust into the public spotlight. On both sides of the country, in our nation's two largest cities, police are being called to account for acts of violence directed toward poor people of color. In New York City, a West African immigrant named Amadou Diallo was killed by four white police officers, who fired forty-one bullets at the unarmed man as he stood in the vestibule of his apartment building in a poor section of the Bronx. Did race influence the officers' decisions to fire the …


Mistaken Identity: Unveiling The Property Characteristics Of Political Money, Spencer A. Overton May 2000

Mistaken Identity: Unveiling The Property Characteristics Of Political Money, Spencer A. Overton

Vanderbilt Law Review

This Article argues that money contributed to and spent on political campaigns ('political money") possesses many of the traits that explain judicial respect for regulation of property, and that courts reviewing restrictions on political money should consider doctrines associated with the Fifth and Fourteenth Amendment Property Clauses. As evidenced by the different degrees of respect afforded to regulations of property and speech, judicial treatment of a particular liberty interest can be explained by the presence and particular posturing of distinct functional issues such as distrust, scarcity, distribution, and interference with others' interests. Campaign finance jurisprudence, however, has categorized political money …


Because We Love You, Rosemary B. Quigley May 2000

Because We Love You, Rosemary B. Quigley

Michigan Law Review

I remember the impotence I felt on the eve of the Gulf War in January 1991. No one could have known at that moment what a brief conflict it would be. We had every reason to believe that the Middle East would be hurled into turmoil. And if protracted war ensued, a draft would surely follow. I watched my college boyfriend sink into despair, with the help of a Bob Mould CD, at the prospect of being called to give his life for his country. I remained uncharacteristically mute. In the face of this battle, our positions were too unequal …


When The Classroom Speaks: A Public University's First Amendment Right To A Race-Conscious Admissions Policy, Alfred B. Gordon Apr 2000

When The Classroom Speaks: A Public University's First Amendment Right To A Race-Conscious Admissions Policy, Alfred B. Gordon

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Defining The Agenda: A New Struggle For African-American Women In The Fight For Reproductive Self-Determination, Melanie M. Lee Apr 2000

Defining The Agenda: A New Struggle For African-American Women In The Fight For Reproductive Self-Determination, Melanie M. Lee

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Litigation In The United States And Mexico: A Comparative Overview, Robert M. Kossick, Jr. Mar 2000

Litigation In The United States And Mexico: A Comparative Overview, Robert M. Kossick, Jr.

University of Miami Inter-American Law Review

No abstract provided.


Paths To Protection: A Comparison Of Federal Protection Based On Disability And Sexual Orientation, Kyle C. Velte Feb 2000

Paths To Protection: A Comparison Of Federal Protection Based On Disability And Sexual Orientation, Kyle C. Velte

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Birthright Citizenship In The United Kingdom And The United States, Michael Robert W. Houston Jan 2000

Birthright Citizenship In The United Kingdom And The United States, Michael Robert W. Houston

Vanderbilt Journal of Transnational Law

The common law concept of territorial birthright citizenship is the foundation for the Fourteenth Amendment's Citizenship Clause, which confers citizenship on those born within the United States and "subject" to its "jurisdiction." Likewise territorial underpinnings were the basis for over 375 years of birthright citizenship within the United Kingdom. Contemporary discourse with respect to territorial birthright citizenship, however, has shifted from its common law basis and now focuses on whether citizenship ought to inhere in children born to illegal immigrants. In the United Kingdom, the British Nationality Act of 1981 abandoned territorial birthright citizenship in favor of parentage based citizenship. …


Are State-Supported Historically Black Colleges And Universities Justifiable After Fordice?—A Higher Education Dilemma, John A. Moore Jan 2000

Are State-Supported Historically Black Colleges And Universities Justifiable After Fordice?—A Higher Education Dilemma, John A. Moore

Florida State University Law Review

No abstract provided.


Angry White Males: The Equal Protection Clause And "Classes Of One", Timothy Zick Jan 2000

Angry White Males: The Equal Protection Clause And "Classes Of One", Timothy Zick

Kentucky Law Journal

No abstract provided.


Equal Protection, Rational Basis Review, And The Impact Of Cleburne Living Center, Inc., Richard B. Saphire Jan 2000

Equal Protection, Rational Basis Review, And The Impact Of Cleburne Living Center, Inc., Richard B. Saphire

Kentucky Law Journal

No abstract provided.


Cracking The Code: "De-Coding" Colorblind Slurs During The Congressional Crack Cocaine Debates, Richard Dvorak Jan 2000

Cracking The Code: "De-Coding" Colorblind Slurs During The Congressional Crack Cocaine Debates, Richard Dvorak

Michigan Journal of Race and Law

This article proposes "de-coding" as a method for unveiling the racist purpose behind the enactment of race-neutral legislation. Through the use of "code words," defined as “phrases and symbols which refer indirectly to racial themes, but do not directly challenge popular democratic or egalitarian ideals,” legislators can appeal to racist sentiments without appearing racist. More importantly, they can do so without leaving evidence that can be traced back as an intent to discriminate. This article proposes to use "de-coding" as a method to unmask the racist purpose behind the enactment of the 100:1 crack versus powder cocaine ratio for mandatory …


Ending Male Privilege: Beyond The Reasonable Woman, Stephanie M. Wildman Jan 2000

Ending Male Privilege: Beyond The Reasonable Woman, Stephanie M. Wildman

Michigan Law Review

A Law of Her Own: The Reasonable Woman as a Measure of Man by Caroline A. Forell and Donna M. Matthews aspires to provide a solution for an enigmatic jurisprudential problem - the systemic failure of the legal order to recognize and to redress the injuries that women experience. Feminist scholars have agreed that, for women, the legal separation of public and private spheres often insulates from legal review behavior that harms women. But even in the so-called public sphere, women suffer harms that remain invisible and unnamed. The authors identify four legal arenas in which the "spectrum of violence …


Section 1983 Litigation - Supreme Court Developments, Martin A. Schwartz Jan 2000

Section 1983 Litigation - Supreme Court Developments, Martin A. Schwartz

Touro Law Review

No abstract provided.