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- Constitutional Law (2)
- Equal Protection (2)
- Equal Rights (2)
- United States Constitution 14th Amendment (2)
- United States Constitution 1st Amendment (2)
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- Birth certificate laws (1)
- Civil Rights (1)
- District of Columbia v. Heller (554 U.S. 570 (2008)) (1)
- Due Process of Law (1)
- Due process of law (1)
- Epistemology (1)
- Freedom of Association (1)
- Freedom of Speech (1)
- Gerrymandering (1)
- Gill v. Whitford (138 S. Ct. 1916 (2018)) (1)
- Locus Standi (1)
- Obergefell v. Hodges (135 S. Ct. 2584 (2015)) (1)
- Right to Bear Arms (1)
- Self Defense (1)
- Transgender people (1)
- Transgender rights (1)
- United States Constitution 2nd Amendment (1)
- United States. Constitution. 1st Amendment (1)
- Voting (1)
Articles 1 - 4 of 4
Full-Text Articles in Fourteenth Amendment
You Must Present A Valid Form Of (Gender) Identification: The Due Process And First Amendment Implications Of Tennessee's Birth Certificate Law, Brooke Lowell
William & Mary Bill of Rights Journal
This Note analyzes Tennessee’s prohibition against transgender people changing their gender markers on their birth certificates under both Fourteenth Amendment Substantive Due Process and the First Amendment. Part I discusses the relevant terms related to transgender rights, the importance of birth certificates, and the relevant laws at play. Part II focuses on the Substantive Due Process argument. It lays out the foundational cases and then applies them to analyze whether gender identity is a fundamental right. Part III explores the First Amendment analysis, focusing on gender as speech. It also discusses how government speech affects the analysis. The Note concludes …
Not Gill-Ty: Challenging And Providing A Workable Alternative To The Supreme Court's Gerrymandering Standing Analysis In Gill V. Whitford, Colin Neal
William & Mary Bill of Rights Journal
No abstract provided.
Political And Non-Political Speech And Guns, Gregory P. Magarian
Political And Non-Political Speech And Guns, Gregory P. Magarian
William & Mary Bill of Rights Journal
No abstract provided.
The Epistemic Function Of Fusing Equal Protection And Due Process, Deborah Hellman
The Epistemic Function Of Fusing Equal Protection And Due Process, Deborah Hellman
William & Mary Bill of Rights Journal
The fusion of equal protection and due process has attracted significant attention with scholars offering varied accounts of its purpose and function. Some see the combination as productive, creating a constitutional violation that neither clause would generate alone. Others see the combination as merely strategic, offered to make a claim acceptable at a particular historical moment but not genuinely necessary. This Article offers a third alternative. Judges have and should bring both equal protection and due process together to learn what each clause independently requires. On this Epistemic vision of constitutional fusion, a focus on equality helps judges learn what …