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Fourteenth Amendment Commons

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Constitutional Law

2004

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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 Dec 2004

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 Dec 2004

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 Oct 2004

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 Sep 2004

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 Apr 2004

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 Apr 2004

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 Jan 2004

Davey And The Limits Of Equality, Laura S. Underkuffler

Cornell Law Faculty Publications

No abstract provided.


Are Single-Sex Schools Inherently Unequal?, Michael Heise Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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 …