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Fordham Urban Law Journal

Journal

Equal Protection

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Full-Text Articles in Law

Examining The Lautenberg Amendment In The Civilian And Military Contexts: Congressional Overreaching, Statutory Vagueness, Ex Post Facto Violations, And Implementation Flaws, Jessica A. Golden Jan 2001

Examining The Lautenberg Amendment In The Civilian And Military Contexts: Congressional Overreaching, Statutory Vagueness, Ex Post Facto Violations, And Implementation Flaws, Jessica A. Golden

Fordham Urban Law Journal

The Lautenberg Amendment to the Gun Control Act of 1968 was passed in 1996 with the purpose of preventing gun-related domestic violence. The Lautenberg Amendment's passage raises unique commerce clause issues, and the amendment is possibly unconstitutional. Part I of the article examines the Commerce Clause (and Tenth Amendment) challenges to the Lautenberg Amendment. It provides the history of cases thus far failing to successfully challenge the constitutionality of the Lautenberg Amendment. It then discusses the Supreme Court's decision in Morrison v. Olson, that struck down the civil remedies provision of the Violence Against Women Act as a violation of …


Civil Rights - Right To Treatment - Neither Due Process Nor Equal Protection Clause Of The Fourteenth Amendment Guarantees The "Right To Treatment" For Mentally Retarded Children Confined In A State Institution Through Noncriminal Procedures Jan 1974

Civil Rights - Right To Treatment - Neither Due Process Nor Equal Protection Clause Of The Fourteenth Amendment Guarantees The "Right To Treatment" For Mentally Retarded Children Confined In A State Institution Through Noncriminal Procedures

Fordham Urban Law Journal

Civil rights action was brought on behalf of residents at Willowbrook State Hospital by their parents and guardians attacking the conditions and treatment offered violated due process and equal protection. The court refused to extend a right to treatment to patients civilly committed to state hospitals - forestalling an extension of such rights to the retarded. Plaintiffs sought to classify the vast majority of commitments as involuntary despite original admission data mandating due process protection. The court determined that a hearing with procedural safeguards would suffice and in certain situations the court may find the appointment of a guardian at …