Open Access. Powered by Scholars. Published by Universities.®

Fourteenth Amendment Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 5 of 5

Full-Text Articles in Fourteenth Amendment

Root And Branch: The Thirteenth Amendment And Environmental Justice, Mehmet K. Konar-Steenberg Dec 2018

Root And Branch: The Thirteenth Amendment And Environmental Justice, Mehmet K. Konar-Steenberg

Nevada Law Journal

No abstract provided.


The Due Process Bona Fides Of Executive Self-Pardons And Blanket Pardons, Peter Brandon Bayer Jan 2017

The Due Process Bona Fides Of Executive Self-Pardons And Blanket Pardons, Peter Brandon Bayer

Scholarly Works

Contrary to much commentary and possibly some seemingly settled law, this essay argues that an American President (or a similarly situated state officer or office) may issue individual and "blanket"-or mass-clemency benefiting classes of named or unnamed individuals, and in addition may pardon himself, but only if doing so comports with the principles of fundamental fairness that define due process of law under the Constitution's Fifth and Fourteenth Amendments. Accordingly, the Constitution permits acts of clemency to foster mercy, compassion, and forgiveness, or to promote the purported best interests of the nation, or even to further an executive's political advantages, …


Nevada's Education Savings Accounts: A Constitutional Analysis, Thomas W. Stewart, Brittany Walker May 2016

Nevada's Education Savings Accounts: A Constitutional Analysis, Thomas W. Stewart, Brittany Walker

Nevada Supreme Court Summaries

This piece will analyze potential conflicts between Senate Bill 302 and Article XI of the Nevada Constitution to explore the constitutionality of educational savings accounts.


Foreword: Pursuing Equal Justice In The West, Lynne Henderson Sep 2004

Foreword: Pursuing Equal Justice In The West, Lynne Henderson

Nevada Law Journal

No abstract provided.


The Rights Of Gay Prisoners: A Challenge To Protective Custody, Joan W. Howarth Jan 1980

The Rights Of Gay Prisoners: A Challenge To Protective Custody, Joan W. Howarth

Scholarly Works

This Note focuses on the specific issues raised by the traditional method of dealing with homosexuals in prison: isolation from the general prison population. This traditional segregation often results in almost twenty-four hour-a-day confinement to a cell, which severely limits access to programs and opportunities normally enjoyed by prisoners.

This Note first discusses the history and current practice of segregation of gay prisoners' as well as the broader subject of protective custody, and then outlines the judicial response to the problems of protective custody prisoners generally and gay prisoners specifically. It then critiques the judicial confusion and resulting reluctance to …