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Full-Text Articles in Fourteenth Amendment
The Thirteenth Amendment And Equal Protection: A Structural Interpretation To "Free" The Amendment, Larry J. Pittman
The Thirteenth Amendment And Equal Protection: A Structural Interpretation To "Free" The Amendment, Larry J. Pittman
William & Mary Journal of Race, Gender, and Social Justice
The hope is that the Court will one day hold that the Thirteenth Amendment has its own equal protection clause or component and that strict scrutiny will not be used for benign racial classifications designed to eradicate current badges and incidents of slavery. This Article critiques the Court’s decision in the Civil Rights Cases regarding the scope of section 1 of the Amendment and it offers a holistic or structural interpretation of the Amendment to include an equal protection component and a lesser standard of review than strict scrutiny. Essentially, the Thirteenth Amendment, if properly used, could become a public …
Challenges To State Anti-Preference Laws And The Role Of Federal Courts, Michael E. Rosman
Challenges To State Anti-Preference Laws And The Role Of Federal Courts, Michael E. Rosman
William & Mary Bill of Rights Journal
No abstract provided.
The Sit-Ins And The State Action Doctrine, Christopher W. Schmidt
The Sit-Ins And The State Action Doctrine, Christopher W. Schmidt
William & Mary Bill of Rights Journal
By taking their seats at “whites only” lunch counters across the South in the spring of 1960, African American students not only launched a dramatic new stage in the civil rights movement, they also sparked a national reconsideration of the scope of the constitutional equal protection requirement. The critical constitutional question raised by the sit-in movement was whether the Fourteenth Amendment, which after Brown v. Board of Education1 prohibited racial segregation in schools and other stateoperated facilities, applied to privately owned accommodations open to the general public. From the perspective of the student protesters, the lunch counter operators, and most …
Lochner, Parity, And The Chinese Laundry Cases, David E. Bernstein
Lochner, Parity, And The Chinese Laundry Cases, David E. Bernstein
William & Mary Law Review
No abstract provided.