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Articles 1 - 6 of 6
Full-Text Articles in Fourteenth Amendment
E-Notice And Comment On Due Process, Sergio J. Campos
Originalism And Same-Sex Marriage, Steven G. Calabresi, Hannah M. Begley
Originalism And Same-Sex Marriage, Steven G. Calabresi, Hannah M. Begley
University of Miami Law Review
This article examines the original meaning of the equality guarantee in American constitutional law. It looks are the seventeenth, eighteenth, and nineteenth century roots of the modern doctrine, and it concludes that the Fourteenth Amendment bans the Hindu Caste system, European feudalism, the Black Codes, the Jim Crow laws, and the common law's denial to women of equal civil rights to those held by men. It then considers the constitutionality of bans on same sex marriage from an Originalist perspective, and it concludes that State laws banning same sex marriage violate the Fourteenth Amendment.
Due Process Rights And Terrorist Emergencies, James W. Nickel
Due Process Rights And Terrorist Emergencies, James W. Nickel
Articles
This essay discusses the grounds for due process rights (DPRs) and the permissibility of suspending them during terrorist and other emergencies. The two topics are profitably treated together because DPRs - along with freedoms of movement, expression, and political participation - are often suspended or restricted when national emergencies occur. Although I present a strong case for DPRs as human rights, this justification does not settle their priority during emergency situations. That issue raises additional questions, and I discuss some of them. The overall thrust of the essay is to defend the importance of respecting DPRs during troubled times. The …
A Measure Of Freedom, James W. Nickel
Where Hannah Arendt Went Wrong, David Abraham
Litigation In The United States And Mexico: A Comparative Overview, Robert M. Kossick, Jr.
Litigation In The United States And Mexico: A Comparative Overview, Robert M. Kossick, Jr.
University of Miami Inter-American Law Review
No abstract provided.