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- United States Constitution 14th Amendment (60)
- Due Process of Law (27)
- Equal Protection (17)
- Constitutional Law (11)
- United States Constitution 1st Amendment (11)
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- Constitutional Interpretation (6)
- Discrimination Against Gays (5)
- Economic Liberty and 1937 (5)
- Institute of Bill of Rights Symposium: Fidelty (5)
- Constitutional History (4)
- Freedom of Speech (4)
- Race Discrimination (4)
- Right of Privacy (4)
- Same-Sex Marriage (4)
- United States Constitution 5th Amendment (4)
- Romer v. Evans (116 S. Ct. 1620 (1996)) (3)
- Equal Rights (3)
- Federalism (3)
- United States Constitution (3)
- Abortion (2)
- Civil Rights (2)
- Civil rights (2)
- Due process of law (2)
- Equal rights (2)
- Gays (2)
- Immigrant Children (2)
- Legislative Power (2)
- Obergefell v. Hodges (135 S. Ct. 2584 (2015)) (2)
- Privileges and Immunities (2)
- Right to Bear Arms (2)
- Publication Year
Articles 61 - 83 of 83
Full-Text Articles in Fourteenth Amendment
Playing Defense, Robert F. Nagel
Playing Defense, Robert F. Nagel
William & Mary Bill of Rights Journal
Noting that the Romer opinion condemns the motives behind Amendment 2 without pausing even briefly to examine the social context in which it was enacted, Professor Nagel describes the decision as a model of the intolerant impulse in action. He traces this impulse to the Justices' unwillingness to examine their own role--and that of the rest of the constitutional law establishment- in creating the underlying conditions that produced Amendment 2.
In order to identify those conditions, Professor Nagel analyzes the primary document used by Colorado for Family Values during its campaign on behalf of the initiative. He argues that this …
The Narrow And Shallow Bite Of Romer And The Eminent Rationality Of Dual-Gender Marriage: A (Partial) Response To Professor Koppelman, Richard F. Duncan
The Narrow And Shallow Bite Of Romer And The Eminent Rationality Of Dual-Gender Marriage: A (Partial) Response To Professor Koppelman, Richard F. Duncan
William & Mary Bill of Rights Journal
In this response to Professor Koppelman, Professor Duncan takes issue with the assertions Koppelman makes in Romer v. Evans and Invidious Intent. Though Duncan agrees with Koppelman's summary of the rule of Romer and the ongoing effects of Bowers v. Hardwick, he rejects Koppelman's claims that laws that discriminate against gays will always be constitutionally doubtful because they disadvantage an unpopular class.
Duncan claims that Koppelman has tried, without success or authority, to fill in the "missing pages" left in Romer by the Supreme Court. Finally, he argues that traditional marriage laws are valid and will survive under Romer and …
Nothing And Everything: Race, Romer, And (Gay/Lesbian/Bisexual) Rights, Robert S. Chang, Jerome Mccristal Culp Jr.
Nothing And Everything: Race, Romer, And (Gay/Lesbian/Bisexual) Rights, Robert S. Chang, Jerome Mccristal Culp Jr.
William & Mary Bill of Rights Journal
In this Article, Professors Chang and Culp propose that the Supreme Court's decision in Romer v. Evans, viewed by some scholars as a progressive case about gay/lesbian/bisexual rights, has little to do with gay/lesbian/bisexual rights as such. They argue that whatever protection Romer provides to gays, lesbians, and bisexuals is provided not because of *their sexuality but, rather, despite it. The authors demonstrate their thesis by examining the racial underpinnings of the Court's opinion, which begins with Justice Harlan's famous dissent in Plessy v. Ferguson and which relies on a specific vision of color-blindness. This submerged racial jurisprudence provides the …
The Equal Protection Clause: A Note On The (Non)Relationship Between Romer V. Evans And Hunter V. Erickson, Jay S. Bybee
The Equal Protection Clause: A Note On The (Non)Relationship Between Romer V. Evans And Hunter V. Erickson, Jay S. Bybee
William & Mary Bill of Rights Journal
In this Article, Professor Bybee uses the debate surrounding Romer v. Evans to reexamine the Supreme Court's decision in Hunter v. Erickson and the principle that a political majority may not restructure the political process to make it more difficult for a political minority to obtain favorable government action. Professor Bybee explains the questionable bases of Hunter and succeeding cases, and then turns to the Romer decision and discusses its incongruity with Hunter. After analyzing the meaning of Romer in light of Hunter and other "equal process" cases, Professor Bybee concludes that although the Court's analysis of Colorado's Amendment 2 …
"Buying Up Speech": Active Government And The Terms Of The First Amendment And Fourteenth Amendments, William T. Mayton
"Buying Up Speech": Active Government And The Terms Of The First Amendment And Fourteenth Amendments, William T. Mayton
William & Mary Bill of Rights Journal
No abstract provided.
Victory For Billboard Control: The Fourth Circuit Vacates And Remands Waynesville, Thomas P. Cody
Victory For Billboard Control: The Fourth Circuit Vacates And Remands Waynesville, Thomas P. Cody
William & Mary Environmental Law and Policy Review
No abstract provided.
Constitutional Law - Trusts - State Action Under The Fourteenth Amendment - Evans V. Abney, 90 S. Ct. 628 (1970), Fred K. Morrison
Constitutional Law - Trusts - State Action Under The Fourteenth Amendment - Evans V. Abney, 90 S. Ct. 628 (1970), Fred K. Morrison
William & Mary Law Review
No abstract provided.
Criminal Law - Double Jeopardy - Benton V. Maryland, 89 S. Ct. 2056 (1969), Lawrence J. Lipka
Criminal Law - Double Jeopardy - Benton V. Maryland, 89 S. Ct. 2056 (1969), Lawrence J. Lipka
William & Mary Law Review
No abstract provided.
Constitutional Law - Right Of Free Speech - Tinker V. Independent Community School District, 89 S. Ct. 733 (1969), Terry B. Light
Constitutional Law - Right Of Free Speech - Tinker V. Independent Community School District, 89 S. Ct. 733 (1969), Terry B. Light
William & Mary Law Review
No abstract provided.
Constitutional Law - Free Speech - Public Transit Advertising - Wirta V. Alameda-Contra Costa Transit Dist., 434 P.2d 982 (Cal. 1966), Joel H. Shane
Constitutional Law - Free Speech - Public Transit Advertising - Wirta V. Alameda-Contra Costa Transit Dist., 434 P.2d 982 (Cal. 1966), Joel H. Shane
William & Mary Law Review
No abstract provided.
Criminal Law - Constitutional Law - Vagrancy Statutes And Due Process - Alegata V. Commonwealtb, 231 N.E.2d 201 (Mass. 1967)
William & Mary Law Review
No abstract provided.
Constitutional Law - Criminal Law - Right To Counsel At Probation Revocation Hearings - Mempa V. Rhay, 389 U.S. 128 (1967)
William & Mary Law Review
No abstract provided.
Constitutional Rights Of Juveniles: Gault And Its Application, Karen L. Atkinson
Constitutional Rights Of Juveniles: Gault And Its Application, Karen L. Atkinson
William & Mary Law Review
No abstract provided.
Constitutional Law - Restrictive Racial Covenants - The Interference Of Proposition 14 - Reitman V. Mulkey, 87 S. Ct. 1627 (1967), Gary E. Legner
Constitutional Law - Restrictive Racial Covenants - The Interference Of Proposition 14 - Reitman V. Mulkey, 87 S. Ct. 1627 (1967), Gary E. Legner
William & Mary Law Review
No abstract provided.
The Extent Of The Exclusionary Rule, Jon W. Bruce
The Extent Of The Exclusionary Rule, Jon W. Bruce
William & Mary Law Review
No abstract provided.
Constitutional Law - Prevention Of Private Discrimination - Jones V. Alfred H. Mayer Co., 379 F.2d 33 (8th Cir. 1967), Richard A. Repp
Constitutional Law - Prevention Of Private Discrimination - Jones V. Alfred H. Mayer Co., 379 F.2d 33 (8th Cir. 1967), Richard A. Repp
William & Mary Law Review
No abstract provided.
Constitutional Law - Civil Liberties, Adderley V. Florida, 87 S.Ct. 242 (1966), Glenn J. Sedam Jr.
Constitutional Law - Civil Liberties, Adderley V. Florida, 87 S.Ct. 242 (1966), Glenn J. Sedam Jr.
William & Mary Law Review
No abstract provided.
Constitutional Law - The Poll Tax. Harper V. Virginia State Board Of Elections, 86 S. Ct. 1079 (1966), Michael Lesniak
Constitutional Law - The Poll Tax. Harper V. Virginia State Board Of Elections, 86 S. Ct. 1079 (1966), Michael Lesniak
William & Mary Law Review
No abstract provided.
Constitutional Law - Criminal Law - Right To Counsel, Biddle V. Commonwealth, 206 Va. 14 (1965), Peter Broccoletti
Constitutional Law - Criminal Law - Right To Counsel, Biddle V. Commonwealth, 206 Va. 14 (1965), Peter Broccoletti
William & Mary Law Review
No abstract provided.
Constitutional Law - Right Of A State Legislature To Require Observance Of A Day Of Rest, R. B. Frazier
Constitutional Law - Right Of A State Legislature To Require Observance Of A Day Of Rest, R. B. Frazier
William & Mary Law Review
No abstract provided.
Freedom Of Religion: Recent Sunday Closing Laws Cases, John E. Donaldson
Freedom Of Religion: Recent Sunday Closing Laws Cases, John E. Donaldson
William & Mary Law Review
No abstract provided.
Constitutional Law - Racial Discrimination On Juries, Leigh A. Crockett
Constitutional Law - Racial Discrimination On Juries, Leigh A. Crockett
William and Mary Review of Virginia Law
No abstract provided.
Constitutional Law - Substantial Equality In Public Schools, A. Robert Doll
Constitutional Law - Substantial Equality In Public Schools, A. Robert Doll
William and Mary Review of Virginia Law
No abstract provided.