Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Fourteenth Amendment
How Quickly We Forget: The Short And Undistinguished Career Of Affirmative Action, Robert Parrish
How Quickly We Forget: The Short And Undistinguished Career Of Affirmative Action, Robert Parrish
Robert Parrish
Diversity initiatives in higher education, also known as affirmative action are nearing their nadir. For those who have been watching the jurisprudence and the progression of events closely this should come as little surprise. These initiatives have been under attack since their very inception and now sit teetering on the brink of being declared unconstitutional as the United States Supreme Court considers Fisher v. Texas. Beginning with Regents of California v. Bakke in 1978, the Supreme Court has gradually and consistently whittled away these higher education diversity programs, leaving them currently in a vulnerable and legally precarious position. The Court’s …
Suspect Classification And Its Discontents, Susannah W. Pollvogt
Suspect Classification And Its Discontents, Susannah W. Pollvogt
Susannah W Pollvogt
Suspect classification analysis and the associated tiers of scrutiny framework are the primary doctrinal features of contemporary equal protection jurisprudence. How plaintiffs fare under these twin doctrines determines the ultimate fate of their equal protection claims. But neither doctrine finds firm footing in precedent or theory. Rather, a close examination of the United States Supreme Court’s equal protection jurisprudence reveals these doctrines as historically contingent and lacking in any principled justification. But rather than disregard the contributions of these cases altogether, this Article mines that same body of law not for the discrete doctrinal mechanisms developed in each case, but …
Teaching U.S. V. Windsor: The Defense Of Marriage Act And Its Constitutional Implications, Corey A. Ciocchetti
Teaching U.S. V. Windsor: The Defense Of Marriage Act And Its Constitutional Implications, Corey A. Ciocchetti
Corey A Ciocchetti
Students are captivated by contemporary, high-profile Supreme Court cases. They recognize the litigants featured on the news, they debate the public policy, sociological and other real world implications of the arguments in school and their peers and parents prod them to discuss their opinions outside of class. I incorporate very recent and noteworthy Supreme Court cases in my legal studies courses with great success. My students are more engaged and prepared than when I assign a textbook chapter (students would rather track the law as it develops in real time). They tend to recall the arguments and legal theories well …
Teaching The U.S. V. Windsor Same Sex Marriage/Equal Protection/Doma Case, Corey A. Ciocchetti
Teaching The U.S. V. Windsor Same Sex Marriage/Equal Protection/Doma Case, Corey A. Ciocchetti
Corey A Ciocchetti
The same sex marriage cases are proving to be the hottest of topics during a very eventful Supreme Court term. The U.S. v. Windsor case is a fitting vehicle to cover the topic. These slides help tell the story and can be used to teach the case as well as important constitutional law issues such as: (1) equal protection, (2) federalism, (3) executive discretion to defend federal laws, (4) incorporation and more.