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Articles 1 - 6 of 6
Full-Text Articles in Fourteenth Amendment
Anchors Aweigh: Analyzing Birthright Citizenship As Declared (Not Established) By The Fourteenth Amendment, Elizabeth Farrington
Anchors Aweigh: Analyzing Birthright Citizenship As Declared (Not Established) By The Fourteenth Amendment, Elizabeth Farrington
University of Richmond Law Review
No abstract provided.
The Equal Protection Component Of Legislative Generality, Evan C. Zoldan
The Equal Protection Component Of Legislative Generality, Evan C. Zoldan
University of Richmond Law Review
This article advances the broad project outlined above by recognizing
the equal protection component of legislative generality.
Exploring the relationship between the Equal Protection Clause
and the value of legislative generality both enhances an understanding
of the proper bounds of the Equal Protection Clause and
helps define the ultimate parameters of a value of legislative generality.
Part I of this article defines and provides paradigmatic
examples of special legislation. Part II identifies the most widely
held conceptions of equality that can be enforced through the
Equal Protection Clause and describes how special legislation offends
these conceptions. Part III describes how …
Same-Sex Marriage And Due Process Traditionalism, Ronald Turner
Same-Sex Marriage And Due Process Traditionalism, Ronald Turner
University of Richmond Law Review
No abstract provided.
Putting Rationality Back Into The Rational Basis Test: Saving Substantive Due Process And Redeeming The Promise Of The Ninth Amendment, Jeffrey D. Jackson
Putting Rationality Back Into The Rational Basis Test: Saving Substantive Due Process And Redeeming The Promise Of The Ninth Amendment, Jeffrey D. Jackson
University of Richmond Law Review
This article argues for the adoption of a strengthened rational basis test that would allow courts to scrutinize the actual purpose behind legislation and demand that the legislation actually be reasonably related to its valid legislative purpose. Part II looks at the question of why it is desirable to save substantive due process rather than replace it with some other doctrine. Part III examines how substantive due process came to be the dominant form of protection for unenumerated rights, and how it has evolved from its antecedents in English law to the current test. It concludes that substantive due process …
Refined Incorporation And The Fourteenth Amendment, Richard L. Aynes
Refined Incorporation And The Fourteenth Amendment, Richard L. Aynes
University of Richmond Law Review
In Professor Akhil Reed Amar's The Bill of Rights: Creation and Reconstruction, the voices of Founders, Federalists, Anti-Federalists, promoters of the Bill of Rights, contrarians of Barron v. Mayor of Baltimore, abolitionists, antislavery advocates, Fourteenth Amendment Republican Framers, ratifiers, and twentieth-century U.S. Supreme Court justices, all have their role. If they do not sing the same tune, at least their voices, under Amar's skillful direction, whether melody or harmony, alto or soprano, all harmonize to produce a clear song.
Constitutional Law-Durational Residency Requirement For Divorce Held Not To Violate Fourteenth Amendment
University of Richmond Law Review
One of the legacies of the Warren era was the development of a strict standard of judicial review in certain cases brought under the equal protection clause of the fourteenth amendment. Once the Court determined that a fundamental interest had been infringed or denied, the new equal protection analysis required that the challenged statute pass a "compelling interest" test, or be found in violation of the fourteenth amendment. Various interests have been recognized as fundamental and afforded special protection by the Court.