Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Equal protection (2)
- Federalism (2)
- United States Supreme Court (2)
- 14th amendment (1)
- Baird v. State Bar of Arizona (1)
-
- Bar admission (1)
- Burkean conservatism (1)
- Bush v. Gore (531 U.S. 98 (2000)) (1)
- City of Boerne v. Flores (1)
- Civil rights – homosexuals (1)
- Commerce Clause (1)
- Congress (1)
- Congruence and proportionality (1)
- Discrimination – gays (1)
- Edmund Burke (1)
- Employment discrimination (1)
- Enforcement (1)
- Equal Protection (1)
- Equal protection doctrine (1)
- Federal courts (1)
- Freedom of speech (1)
- Gender discrimination (1)
- Hate speech (1)
- Heightened scrutiny (1)
- Judicial review (1)
- Legal ethics (1)
- Matthew Hale (1)
- McCulloch v. Maryland (1)
- Original intent (1)
- Pretextual traffic stops (1)
Articles 1 - 7 of 7
Full-Text Articles in Fourteenth Amendment
Hate And The Bar: Is The Hale Case Mccarthyism Redux Or A Victory For Racial Equality?, W. Bradley Wendel
Hate And The Bar: Is The Hale Case Mccarthyism Redux Or A Victory For Racial Equality?, W. Bradley Wendel
Cornell Law Faculty Publications
The application of the constitutional free expression guarantee to the activities of the organized bar is one of the most important unexplored areas of legal ethics. In this essay I will consider in particular the question of whether an applicant may be denied admission to the bar for involvement with hateful or discriminatory activities. This question reveals the tension between the first amendment principle, established after the agonizing struggles of the McCarthy era, that no one may be denied membership in the bar because of his or her beliefs alone, and the plenary authority of bar associations to make predictive …
Q: Will The Supreme Court Intervention In Florida Fail The Test Of Time?, Ira Glasser, Alan J. Meese
Q: Will The Supreme Court Intervention In Florida Fail The Test Of Time?, Ira Glasser, Alan J. Meese
Popular Media
No abstract provided.
Stopping A Moving Target, Sherry F. Colb
Stopping A Moving Target, Sherry F. Colb
Cornell Law Faculty Publications
No abstract provided.
A Conservative Defense Of Romer V. Evans, Dale Carpenter
A Conservative Defense Of Romer V. Evans, Dale Carpenter
Faculty Journal Articles and Book Chapters
In his argument for an alternative conservative response to Romer v. Evans, the author outlines the majority and dissenting opinions in Evans to identify what he takes to be the decision's import. Next, he outlines some of the main themes of conservative political and legal thought, concentrating especially on Edmund Burke. He then argues the common conception of Burke as an intransigent defender of the status quo and of present traditions and practices is a misreading of him. Finally, he discusses the conservative underpinnings for Evans in light of this intellectual history, with an emphasis on the profoundly conservative instincts …
'Appropriate' Means-Ends Constraints On Section 5 Powers, Evan H. Caminker
'Appropriate' Means-Ends Constraints On Section 5 Powers, Evan H. Caminker
Articles
With the narrowing of Congress' Article I power to regulate interstate commerce and to authorize private suits against states, Section Five of the Fourteenth Amendment provides Congress with an increasingly important alternative source of power to regulate and police state conduct. However, in City of Boerne v. Flores and subsequent cases, the Supreme Court has tightened the doctrinal test for prophylactic legislation based on Section Five. The Court has clarified Section Five's legitimate ends by holding that Congress may enforce Fourteenth Amendment rights only as they are defined by the federal judiciary, and the Court has constrained Section Five's permissible …
"A Common Fate Of Discrimination": Race-Gender Analogies In Legal And Historical Perspective, Serena Mayeri
"A Common Fate Of Discrimination": Race-Gender Analogies In Legal And Historical Perspective, Serena Mayeri
All Faculty Scholarship
No abstract provided.
Conflating Scope Of Right With Standard Of Review: The Supreme Court's Strict Scrutiny Of Congressional Efforts To Enforce The Fourteenth Amendment, Melissa Hart
Publications
No abstract provided.