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Articles 1 - 15 of 15
Full-Text Articles in Law
Alimony For Men -- The Changing Law, Pamela Joy Smith
Alimony For Men -- The Changing Law, Pamela Joy Smith
Florida State University Law Review
No abstract provided.
Fullilove V. Klutznick (Formerly Kreps), Lewis F. Powell Jr.
Fullilove V. Klutznick (Formerly Kreps), Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Constitutional Constraints On Initiative And Referendum, David J. Jordan
Constitutional Constraints On Initiative And Referendum, David J. Jordan
Vanderbilt Law Review
This Note examines possible constitutional constraints on initiative and referendum. Part II briefly discusses typical initiative and referendum procedures and contrasts these with representative legislative processes. Part III examines the constitutional significance of the differences highlighted in Part II. Finally, Part IV concludes that because of the peculiar political dynamics of initiative and referendum, which diminish normal safeguards of minority interests, courts may appropriately apply heightened due process and equal protection standards when reviewing direct legislation.
Can Louisiana's Succession Laws Survive In Light Of The Supreme Court's Recent Recognition Of Illegitimates' Rights?, Susan Swanner Lasiter
Can Louisiana's Succession Laws Survive In Light Of The Supreme Court's Recent Recognition Of Illegitimates' Rights?, Susan Swanner Lasiter
Louisiana Law Review
No abstract provided.
Rewriting Roe V. Wade, Donald H. Regan
Rewriting Roe V. Wade, Donald H. Regan
Articles
Roe v. Wade is one of the most controversial cases the Supreme Court has decided. The result in the case - the establishment of a constitutional right to abortion - was controversial enough. Beyond that, even people who approve of the result have been dissatisfied with the Court's opinion. Others before me have attempted to explain how a better opinion could have been written. It seems to me, however, that the most promising argument in support of the result of Roe has not yet been made. This essay contains my suggestions for "rewriting" Roe v. Wade
The Unwed Father: Conflict Of Rights In Adoption Proceedings, Winston R. Davis
The Unwed Father: Conflict Of Rights In Adoption Proceedings, Winston R. Davis
Florida State University Law Review
No abstract provided.
Family Law–Divorce–Constitutionality Of Arkansas Property Settlement And Alimony Statutes, Gordon W. Hawthorne
Family Law–Divorce–Constitutionality Of Arkansas Property Settlement And Alimony Statutes, Gordon W. Hawthorne
University of Arkansas at Little Rock Law Review
No abstract provided.
The Courts, Congress, And Educational Adequacy: The Equal Protection Predicament, Betsy Levin
The Courts, Congress, And Educational Adequacy: The Equal Protection Predicament, Betsy Levin
Maryland Law Review
No abstract provided.
Proving Discriminatory Intent From A Facially Neutral Decision With A Disproportionate Impact
Proving Discriminatory Intent From A Facially Neutral Decision With A Disproportionate Impact
Washington and Lee Law Review
No abstract provided.
Comparative Negligence Versus The Constitutional Guarantee Of Equal Protection: A Hypothetical Judicial Decision, Daniel O. Conkle, Claude R. Sowle
Comparative Negligence Versus The Constitutional Guarantee Of Equal Protection: A Hypothetical Judicial Decision, Daniel O. Conkle, Claude R. Sowle
Articles by Maurer Faculty
No abstract provided.
Equality Between The Sexes In The 1980'S, Nancy S. Erickson
Equality Between The Sexes In The 1980'S, Nancy S. Erickson
Cleveland State Law Review
Any discussion of equality under the law must necessarily revolve around the equal protection clause. Therefore, this discussion will indicate first where equal protection analysis has succeeded ineffectively dealing with sex discrimination and the significance of the judicial policy behind these successes. Secondly, the failures of the equal protection clause will be examined with specific attention to the five methods in which the equal protection clause has failed to eliminate laws discriminating on the basis of sex. Finally, the failures of the equal protection clause will be illustrated as starting points for work in the area of sexual equality in …
Irrebuttable Presumptions, The Federal Government, And The Rights Of Aliens, Byron Toma
Irrebuttable Presumptions, The Federal Government, And The Rights Of Aliens, Byron Toma
Santa Clara Law Review
No abstract provided.
Some Thoughts On Judicial Authority To Repair Unconstitutional Legislation, Ruth Bader Ginsburg
Some Thoughts On Judicial Authority To Repair Unconstitutional Legislation, Ruth Bader Ginsburg
Cleveland State Law Review
Among governing institutions, the judiciary has been described as "the least dangerous branch."' Courts in our system have the awesome power to declare laws unconstitutional, but judges command no troops, and are said to lack the power of the purse. My remarks address a facet of the purse power supposition: When a legislative product is constitutionally infirm because it is under inclusive, what remedies lie within the judicial province? Discussion will focus on the question whether a court may order inclusion of a category of persons left out by the legislature, a question particularly pointed when the court's inclusion order …
Equality Between The Sexes In The 1980'S, Nancy S. Erickson
Equality Between The Sexes In The 1980'S, Nancy S. Erickson
Cleveland State Law Review
Any discussion of equality under the law must necessarily revolve around the equal protection clause. Therefore, this discussion will indicate first where equal protection analysis has succeeded ineffectively dealing with sex discrimination and the significance of the judicial policy behind these successes. Secondly, the failures of the equal protection clause will be examined with specific attention to the five methods in which the equal protection clause has failed to eliminate laws discriminating on the basis of sex. Finally, the failures of the equal protection clause will be illustrated as starting points for work in the area of sexual equality in …
Kentucky Law Survey: Education: Teachers’ Rights, Keith Graham Hanley, Robert G. Schwemm
Kentucky Law Survey: Education: Teachers’ Rights, Keith Graham Hanley, Robert G. Schwemm
Law Faculty Scholarly Articles
Tenure occupies an important place in the mind of any new teacher. During the past survey year, the Kentucky courts have demonstrated that this status is not only important to teachers generally; it is essential to continued job security. The aegis of tenure provides not only the substance of teachers’ rights but also the procedure used to protect those rights.
Discharged teachers have alleged violations of the 14th amendment of the U.S. Constitution in both its equal protection and due process aspects and violations of the Kentucky constitution. However, in each instance the courts have summarily dismissed these claims, preferring …