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Articles 1 - 17 of 17
Full-Text Articles in Fourteenth Amendment
Same Crime, Different Time: Sentencing Disparities In The Deep South & A Path Forward Under The Fourteenth Amendment, Hailey M. Donovan
Same Crime, Different Time: Sentencing Disparities In The Deep South & A Path Forward Under The Fourteenth Amendment, Hailey M. Donovan
Seattle University Law Review
The United States has the highest incarceration rate of any country in the world. The American obsession with crime and punishment can be tracked over the last half-century, as the nation’s incarceration rate has risen astronomically. Since 1970, the number of incarcerated people in the United States has increased more than sevenfold to over 2.3 million, outpacing both crime and population growth considerably. While the rise itself is undoubtedly bleak, a more troubling truth lies just below the surface. Not all states contribute equally to American mass incarceration. Rather, states have vastly different incarceration rates. Unlike at the federal level, …
Undocumented Citizens Of The United States: The Repercussions Of Denying Birth Certificates, Anna L. Lichtenberger
Undocumented Citizens Of The United States: The Repercussions Of Denying Birth Certificates, Anna L. Lichtenberger
St. Mary's Law Journal
Abstract forthcoming
Fathers And Feminism: The Case Against Genetic Entitlement, Jennifer S. Hendricks
Fathers And Feminism: The Case Against Genetic Entitlement, Jennifer S. Hendricks
Publications
This Article makes the case against a nascent consensus among feminist and other progressive scholars about men's parental rights. Most progressive proposals to reform parentage law focus on making it easier for men to assert parental rights, especially when they are not married to the mother of the child. These proposals may seek, for example, to require the state to make more extensive efforts to locate biological fathers, to require pregnant women to notify men of their impending paternity, or to require new mothers to give biological fathers access to infants.
These proposals disregard the mother's existing parental rights and …
The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan
Trevor J Calligan
No abstract provided.
State V. Nemeth: Equal Protection For The Battered Child, Joseph A. Shoaff
State V. Nemeth: Equal Protection For The Battered Child, Joseph A. Shoaff
Akron Law Review
This Note analyzes the Court's decision in Nemeth. Part II presents a background of the battered child syndrome followed by a discussion of the admissibility of battered woman and battered child syndrome testimony in Ohio. In addition, it contains a brief overview of Ohio's ambiguous self-defense standard. Part III presents the facts, procedural history, and holding of Nemeth. Part IV analyzes the Court's holding.
This Note establishes why the Ohio Supreme Court should recognize the psychological equivalency of the battered woman and battered child syndromes and affirm the Nemeth holding on equal protection grounds. In doing so, the Court will …
Because I Said So: An Examination Of Parental Naming Rights, Ashley N. Moscarello
Because I Said So: An Examination Of Parental Naming Rights, Ashley N. Moscarello
Chicago-Kent Law Review
Naming a child is often one of the most exciting parts of having a baby. Some parents, of course, choose to be more creative and unique, which leads to some very interesting names like Toilet Queen, Acne Fountain, Crimson Tide Redd, Messiah, Candy Stohr, and Violence. Although some of these names are quite absurd, should the government be able to tell parents that they have crossed the line?
When parents agree about the name they want to give their child, should the state or courts be able to intervene in that decision if the state has problems with the name? …
More Than A Piece Of Paper: Same-Sex Parents And Their Adopted Children Are Entitled To Equal Protection In The Realm Of Birth Certificates, Shohreh Davoodi
More Than A Piece Of Paper: Same-Sex Parents And Their Adopted Children Are Entitled To Equal Protection In The Realm Of Birth Certificates, Shohreh Davoodi
Chicago-Kent Law Review
In Adar v. Smith, the Fifth Circuit held that Louisiana’s policy of refusing to issue accurate birth certificates to the children of out-of-state, same-sex adoptive parents does not deny those families equal protection of the law. This comment demonstrates that Louisiana’s policy does in fact violate the Equal Protection Clause. There are two ways Louisiana’s policy infringes on the rights of these families. First, the policy burdens fundamental rights stemming from the family autonomy of both parents and children. Second, the policy discriminates against out-of-state same-sex parents, treating them like second-class citizens. These concerns are strong enough that the …
Supreme Court, Tompkins County, Seymour V. Holcomb, Jessica Goodwin
Supreme Court, Tompkins County, Seymour V. Holcomb, Jessica Goodwin
Touro Law Review
No abstract provided.
Navigating A Post-Windsor World: The Promise And Limits Of Marriage Equality, Nancy J. Knauer
Navigating A Post-Windsor World: The Promise And Limits Of Marriage Equality, Nancy J. Knauer
Nancy J. Knauer
When the 2013 landmark decision in U.S. v. Windsor invalidated part of the Defense of Marriage Act (DOMA), it was hailed as a landmark civil rights victory, but its implementation has been far from seamless. The federal government has not applied a uniform rule for marriage recognition, applying a state-of-domicile rule for some purposes (Social Security) and a broader state-of-celebration rule for others (e.g., federal tax matters). Moreover, Windsor did not directly address the state-level marriage prohibitions that remain in place in the majority of states. As a result, the United States continues to be a patchwork of marriage laws …
Marriage Equailty: Why Laws Restricting Same-Sex Couples' Rights Should Be Subject To Heightened Scrutiny Under Equal Protection Challenges., Cory A. Delellis
Marriage Equailty: Why Laws Restricting Same-Sex Couples' Rights Should Be Subject To Heightened Scrutiny Under Equal Protection Challenges., Cory A. Delellis
Cory A DeLellis
This thesis discusses why laws that restrict marital rights and recognition, on the basis of the couple’s sexual orientation, should be subject to a heightened or intermediate level of judicial scrutiny under Equal Protection challenges. This thesis addresses, analyzes, and suggests why sexual orientation – within the context of same-sex couples – should be considered a quasi-suspect class, rather than a non-suspect class, so that laws negatively impacting couples based on their sexual orientation are subjected to a fairer and more reasonable level of judicial scrutiny.
The Continued Viability Of New York’S Juvenile Offender Act In Light Of Recent National Developments, Katherine Lazarow '12
The Continued Viability Of New York’S Juvenile Offender Act In Light Of Recent National Developments, Katherine Lazarow '12
NYLS Law Review
No abstract provided.
A Constitutional Right To Safe Foster Care - Time For The Supreme Court To Pay Its I.O.U., Daniel L. Skoler
A Constitutional Right To Safe Foster Care - Time For The Supreme Court To Pay Its I.O.U., Daniel L. Skoler
Pepperdine Law Review
No abstract provided.
Disentangling Symmetries: Speech, Association, Parenthood, Laurence H. Tribe
Disentangling Symmetries: Speech, Association, Parenthood, Laurence H. Tribe
Pepperdine Law Review
No abstract provided.
Modern Odysseus Or Classic Fraud - Fourteen Years In Prison For Civil Contempt Without A Jury Trial, Judicial Power Without Limitation, And An Examination Of The Failure Of Due Process, Mitchell J. Frank
Faculty Scholarship
No abstract provided.
Alimony For Men -- The Changing Law, Pamela Joy Smith
Alimony For Men -- The Changing Law, Pamela Joy Smith
Florida State University Law Review
No abstract provided.
State V. West, No. 53, 123, 23 Fla. L. W. 265 (Sup. Ct. June 7, 1979), Marjorie E. Smith
State V. West, No. 53, 123, 23 Fla. L. W. 265 (Sup. Ct. June 7, 1979), Marjorie E. Smith
Florida State University Law Review
Constitutional Law-EQUAL PROTECTION-STATUTE OF LIMITATIONS FOR PATERNITY SUITS DOES NOT DENY ILLEGITIMATE CHILDREN THE EQUAL PROTECTION OF THE LAWS
Child Support: The Double Standard, Karen Colby Weiner
Child Support: The Double Standard, Karen Colby Weiner
Florida State University Law Review
No abstract provided.