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Articles 1 - 19 of 19
Full-Text Articles in Fourteenth Amendment
Not So Landmark After All? Lawrence V. Texas: Classical Liberalism And Due Process Jurisprudence, Davin J. Hall
Not So Landmark After All? Lawrence V. Texas: Classical Liberalism And Due Process Jurisprudence, Davin J. Hall
William & Mary Bill of Rights Journal
No abstract provided.
Righteous Shooting, Unreasonable Seizure? The Relevance Of An Officer's Pre-Seizure Conduct In An Excessive Force Claim, Aaron Kimber
Righteous Shooting, Unreasonable Seizure? The Relevance Of An Officer's Pre-Seizure Conduct In An Excessive Force Claim, Aaron Kimber
William & Mary Bill of Rights Journal
No abstract provided.
Beyond Gay Rights: Lawrence V. Texas And The Promise Of Liberty, Philip Chapman
Beyond Gay Rights: Lawrence V. Texas And The Promise Of Liberty, Philip Chapman
William & Mary Bill of Rights Journal
No abstract provided.
Foreword: Pursuing Equal Justice In The West, Lynne Henderson
Foreword: Pursuing Equal Justice In The West, Lynne Henderson
Nevada Law Journal
No abstract provided.
Brown Et Al. V. Board Of Education Of Topeka Et Al., 347 U.S. 483 (1954), Supreme Court Of The United States
Brown Et Al. V. Board Of Education Of Topeka Et Al., 347 U.S. 483 (1954), Supreme Court Of The United States
The Journal of Appellate Practice and Process
No abstract provided.
Did The Government Finally Get It Right? An Analysis Of The Former Ins, The Office Of Refugee Resettlement And Unaccompanied Minor Aliens' Due Process Rights, Jessica G. Taverna
Did The Government Finally Get It Right? An Analysis Of The Former Ins, The Office Of Refugee Resettlement And Unaccompanied Minor Aliens' Due Process Rights, Jessica G. Taverna
William & Mary Bill of Rights Journal
No abstract provided.
Davey And The Limits Of Equality, Laura S. Underkuffler
Davey And The Limits Of Equality, Laura S. Underkuffler
Cornell Law Faculty Publications
No abstract provided.
Are Single-Sex Schools Inherently Unequal?, Michael Heise
Are Single-Sex Schools Inherently Unequal?, Michael Heise
Cornell Law Faculty Publications
No abstract provided.
Family Leave Policies Trump States Rights: Nevada Department Of Human Resources V. Hibbs And Its Impact Of Sovereign Immunity Jurisprudence, 37 J. Marshall L. Rev. 599 (2004), Jana L. Tibben
UIC Law Review
No abstract provided.
Two Wrongs Make A Right: Hybrid Claims Of Discrimination, Ming Hsu Chen
Two Wrongs Make A Right: Hybrid Claims Of Discrimination, Ming Hsu Chen
Publications
This Note reinterprets and recontextualizes the pronouncement in Employment Division v. Smith (Smith II) that exemptions from generally applicable laws will not be granted unless claims of free exercise are accompanied by the assertion of another constitutional right. It argues that when Arab American Muslims, and others who are of minority race and religion, bring claims for exemption from generally applicable laws on the basis of free exercise and equal protection principles, they ought to be able to invoke Smith II's hybridity exception, thus meriting heightened judicial scrutiny and increased solicitude from courts.
The Logic And Experience Of Law: Lawrence V. Texas And The Politics Of Privacy, Danaya C. Wright
The Logic And Experience Of Law: Lawrence V. Texas And The Politics Of Privacy, Danaya C. Wright
UF Law Faculty Publications
The U.S. Supreme Court's June 2003 decision in Lawrence v. Texas may prove to be one of the most important civil rights cases of the twenty-first century. It may do for gay and lesbian people what Brown v. Board of Education did for African-Americans and Roe v. Wade did for women. While I certainly hope so, my enthusiasm is tempered by the fact that discrimination on the basis of race or gender has not disappeared. Will Lawrence signal meaningful change, or will its revolutionary possibilities be stifled by endless cycles of excuse and redefinition? The case is important, but I …
Grutter V. Bollinger: This Generation's Brown V. Board Of Education, Michelle Adams
Grutter V. Bollinger: This Generation's Brown V. Board Of Education, Michelle Adams
Articles
At first blush, Grutter appears to be a deviation from the body of the Court's recent affirmative action jurisprudence: it says "yes" where the other cases said "no." But it is not so clear that Grutter is a deviation from current law. Instead, it might be seen as consistent with it, in that the justification for the racial preference recognized in Grutter transcended the justifications offered in the previous cases, and the method used to achieve that end, "race as a factor," diffused rather than highlighted race. From this perspective, Grutter addressed several concerns that had troubled the Court for …
Bolling Alone, Richard A. Primus
Bolling Alone, Richard A. Primus
Articles
Under the doctrine of reverse incorporation, generally identified with the Supreme Court's decision in Bolling v. Sharpe, equal protection binds the federal government even though the Equal Protection Clause by its terms is addressed only to states. Since Bolling, however, the courts have almost never granted relief to litigants claiming unconstitutional racial discrimination by the federal government. Courts have periodically found unconstitutional federal discrimination on nonracial grounds such as sex and alienage, and reverse incorporation has also limited the scope of affirmative action. But in the presumed core area of preventing federal discrimination against racial minorities, Boiling has virtually no …
Constitutional Choices: Legal Feminism And The Historical Dynamics Of Change, Serena Mayeri
Constitutional Choices: Legal Feminism And The Historical Dynamics Of Change, Serena Mayeri
All Faculty Scholarship
No abstract provided.
Permitted But Not Intended: Boub V. Township Of Wayne, Municipal Tort Immunity In Illinois, And The Right To Local Travel, 38 J. Marshall L. Rev. 545 (2004), Bruce Epperson
UIC Law Review
No abstract provided.
Federalism Re-Constructed: The Eleventh Amendment's Illogical Impact On Congress' Power, Marcia L. Mccormick
Federalism Re-Constructed: The Eleventh Amendment's Illogical Impact On Congress' Power, Marcia L. Mccormick
All Faculty Scholarship
The Constitution is designed to protect individual liberty and equality by diffusing power among the three branches of the federal government and between the federal and state governments, and by providing a minimum level of protection for individual rights. Yet, the Supreme Court seems to think that federalism is about protecting states as states rather than balancing governmental power to protect individuals. In the name of federalism, the Supreme Court has been paring away at Congress' power to enact civil rights legislation. In doing so, it has transformed the Fourteenth Amendment into a vehicle for protecting states rights rather than …
Student Suspension For Possession Of Contraband In Student Vehicles: Correct Guidance From The Tenth Circuit, Larry Lewis
Student Suspension For Possession Of Contraband In Student Vehicles: Correct Guidance From The Tenth Circuit, Larry Lewis
Oklahoma Law Review
No abstract provided.
A Glimpse Behind And Beyond Grutter, Evan H. Caminker
A Glimpse Behind And Beyond Grutter, Evan H. Caminker
Articles
Many people have suggested that the recent battle over affirmative action was a defining moment for the contemporary relevance of Brown v. Board of Education and that it would determine the promise and potential for widespread societal integration. In my remarks, I want to comment upon a couple of comparisons and links between the Brown, Bakke, Grutter, and Gratz cases.
Experimentalist Equal Protection, Brandon L. Garrett, James S. Liebman
Experimentalist Equal Protection, Brandon L. Garrett, James S. Liebman
Faculty Scholarship
Elsewhere Garrett and Liebman have recounted that though James Madison is considered "the Father of the Constitution," his progeny disappointed him because it was defenseless against self-government's "mortal disease " – the oppression of minorities by local majorities – because the Framers rejected the radical structural approach to equal protection that Madison proposed. Nor did the framers of the Fourteenth Amendment's Equal Protection Clause and federal courts enforcing it adopt a solution Madison would have considered "effectual." This Article explores recent subconstitutional innovations in governance and public administration that may finally bring the nation within reach of the constitutional polity …