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Articles 1 - 9 of 9
Full-Text Articles in Fourteenth Amendment
Pure Politics, Girardeau A. Spann
Pure Politics, Girardeau A. Spann
Michigan Law Review
Part I of this article considers the impact that judicial discretion has on the traditional model of judicial review, and that model's reliance on the Supreme Court as the primary guardian of minority interests. Part II argues that the interests of racial minorities can be better advanced through the ordinary political process than through the process of Supreme Court adjudication. Part Ill emphasizes that minority participation in Supreme Court proceedings cannot ultimately be avoided and, accordingly, suggests a political model of the Court that minorities can use in an effort to neutralize the Court's distortion of the political process. Part …
Deshaney's Effect On Future "Poor Joshuas" -Whether A State Should Be Liable Under The Fourteenth Amendment For Harm Inflicted By A Private Individual, Lori Demond
BYU Law Review
No abstract provided.
The Fourteenth Amendment And The Bill Of Rights, Raoul Berger
The Fourteenth Amendment And The Bill Of Rights, Raoul Berger
BYU Law Review
No abstract provided.
From Parratt To Zinermon: Authorization, Adequacy, And Immunity In A Systematic Analysis Of State Procedure, Daniel S. Feder
From Parratt To Zinermon: Authorization, Adequacy, And Immunity In A Systematic Analysis Of State Procedure, Daniel S. Feder
Cardozo Law Review
No abstract provided.
Equal Protection, Class Legislation, And Sex Discrimination: One Small Cheer For Mr. Herbert Spencer's Social Statics, Mark G. Yudof
Equal Protection, Class Legislation, And Sex Discrimination: One Small Cheer For Mr. Herbert Spencer's Social Statics, Mark G. Yudof
Michigan Law Review
A Review of The Fourteenth Amendment: From Political Principle to Judicial Doctrine by William E. Nelson
The Virtue Of Liberality In American Communal Life, Linda R. Hirshman
The Virtue Of Liberality In American Communal Life, Linda R. Hirshman
Michigan Law Review
This article attacks the barriers to articulation of a theory of the good and advocates discussion of the substance of a good regime, specifically, a good American regime. Part I of this article addresses in some detail the civic republicans' revival of interest in the common life. I propose that it is dauntingly difficult, if not impossible, to articulate a satisfying version of a common life without a theory of the good life, an undertaking traditionally associated with authoritarianism and elitism. Rather than abandoning the enterprise, however, I propose to reopen the assumption that the association automatically rules out any …
The Ripple Effects Of Slaughter-House: A Critique Of A Negative Rights View Of The Constitution, Michael J. Gerhardt
The Ripple Effects Of Slaughter-House: A Critique Of A Negative Rights View Of The Constitution, Michael J. Gerhardt
Vanderbilt Law Review
Upon seeing Niagara Falls for the first time, Oscar Wilde reportedly remarked that it "would be more impressive if it flowed the other way." I have a similar reaction to a series of narrow Supreme Court interpretations of the fourteenth amendment, beginning with the Slaughter-House Cases, decided in 1872, and extending to the 1989 decisions in Webster v. Reproductive Health Services and DeShaney v. Winnebago County Department of Social Services. In Slaughter-House the Court interpreted the privileges or immunities clause of the fourteenth amendment as merely protecting interests other federal laws already protected, while recently the Court interpreted the due …
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.
Progressive And Conservative Constitutionalism, Robin West
Progressive And Conservative Constitutionalism, Robin West
Michigan Law Review
The article's central thesis is that the understandings of the constitutional tradition most central to both paradigms are determined by sometimes implicit, but more often explicit, political dispositions toward various forms of social and private power, and the normative authority to which social and private power gives rise. Very broadly, conservative constitutionalists view private or social normative authority as the legitimate and best source of guidance for state action; accordingly, they view both the Constitution and constitutional adjudication as means of preserving and protecting that authority and the power that undergirds it against either legislative or judicial encroachment. Progressive constitutionalists, …