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Full-Text Articles in Law
Retooling The Intent Requirement Under The Fourteenth Amendment, Henry L. Chambers, Jr.
Retooling The Intent Requirement Under The Fourteenth Amendment, Henry L. Chambers, Jr.
Law Faculty Publications
Racial classifications carry the largest taint and require the most justification. Strict scrutiny-the level of scrutiny with which the remainder of the article will be concerned-requires that race-based differentiation serve a compelling state interest and be narrowly tailored to serve that interest, guaranteeing that the reason for the differentiation is extremely important and that the link between the means chosen to meet the ends is extremely tight. Though strict scrutiny is difficult to survive, it is triggered only when a state actor engages in intentional or purposeful racial discrimination. Controversy surrounds whether such a trigger is necessary. However, rather than …
Federalism Re-Constructed: The Eleventh Amendment's Illogical Impact On Congress' Power, Marcia L. Mccormick
Federalism Re-Constructed: The Eleventh Amendment's Illogical Impact On Congress' Power, Marcia L. Mccormick
All Faculty Scholarship
The Constitution is designed to protect individual liberty and equality by diffusing power among the three branches of the federal government and between the federal and state governments, and by providing a minimum level of protection for individual rights. Yet, the Supreme Court seems to think that federalism is about protecting states as states rather than balancing governmental power to protect individuals. In the name of federalism, the Supreme Court has been paring away at Congress' power to enact civil rights legislation. In doing so, it has transformed the Fourteenth Amendment into a vehicle for protecting states rights rather than …
Five Critical Issues In New York’S Grandparent Visitation Law After Troxel V. Granville, Stephen A. Newman
Five Critical Issues In New York’S Grandparent Visitation Law After Troxel V. Granville, Stephen A. Newman
NYLS Law Review
No abstract provided.