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Articles 1 - 30 of 45
Full-Text Articles in Fourteenth Amendment
The Qualitative Dimension Of Fourth Amendment "Reasonableness", Sherry F. Colb
The Qualitative Dimension Of Fourth Amendment "Reasonableness", Sherry F. Colb
Cornell Law Faculty Publications
Supreme Court doctrine protects two seemingly distinct kinds of interests under the heading of privacy rights: one "substantive," the other "procedural." The Fourth Amendment guarantee against "unreasonable searches and seizures" has been generally interpreted to protect procedural privacy. Searches are typically defined as governmental inspections of activities and locations in which an individual has a reasonable expectation of privacy from observation. In the typical case, this reasonable expectation of privacy may be breached only where the government has acquired a quantitatively substantial objective basis for believing that the search would uncover evidence of a crime. Substantive privacy rights have not …
Equal Rights, Special Rights, And The Nature Of Antidiscrimination Law, Peter J. Rubin
Equal Rights, Special Rights, And The Nature Of Antidiscrimination Law, Peter J. Rubin
Michigan Law Review
Despite the continued belief held by most Americans that certain characteristics should not form the basis for adverse decisions about individuals in employment, housing, public accommodations, and the provision of a wide range of governmental and private services and opportunities, antidiscrimination laws have increasingly come under attack on the ground that they provide members of the group against whom discrimination is forbidden with "special rights." The "special rights" objection has been voiced most strongly, but not exclusively, against laws that seek to prohibit discrimination on the basis of sexual orientation. This line of attack has not always been effective, but …
Brown V. French 147 F.3d 307 (4th Cir. 1998)
Brown V. French 147 F.3d 307 (4th Cir. 1998)
Capital Defense Journal
No abstract provided.
Green V. French 143 F.3d 865 (4th Cir. 1998)
Green V. French 143 F.3d 865 (4th Cir. 1998)
Capital Defense Journal
No abstract provided.
Hopkins V. Reeves 118 S. Ct. 1895 (1998)
Hopkins V. Reeves 118 S. Ct. 1895 (1998)
Capital Defense Journal
No abstract provided.
Boyd V. French 147 F.3d 319 (4th Cir. 1998)
Boyd V. French 147 F.3d 319 (4th Cir. 1998)
Capital Defense Journal
No abstract provided.
Buchanan V. Gilmore 139 F.3d 982 (4th Cir. 1998)
Buchanan V. Gilmore 139 F.3d 982 (4th Cir. 1998)
Capital Defense Journal
No abstract provided.
Dubois V. Greene No. 97-21, 1998 Wl 276282 (4th Cir. May 20, 1998)
Dubois V. Greene No. 97-21, 1998 Wl 276282 (4th Cir. May 20, 1998)
Capital Defense Journal
No abstract provided.
Fitzgerald V. Greene 150 F.3d 357 (4th Cir. 1998)
Fitzgerald V. Greene 150 F.3d 357 (4th Cir. 1998)
Capital Defense Journal
No abstract provided.
Wright V. Angelone 151 F.3d 151 (4th Cir. 1998)
Wright V. Angelone 151 F.3d 151 (4th Cir. 1998)
Capital Defense Journal
No abstract provided.
Jackson V. Commonwealth 499 S.E.2d 538 (Va. 1998)
Jackson V. Commonwealth 499 S.E.2d 538 (Va. 1998)
Capital Defense Journal
No abstract provided.
Unconscious Racism And The Criminal Law, Sheri Johnson
Unconscious Racism And The Criminal Law, Sheri Johnson
Cornell Law Faculty Publications
No abstract provided.
The Legitimacy Of Cross-Gender Searches And Surveillance In Prisons: Defining An Appropriate And Uniform Review, Karoline E. Jackson
The Legitimacy Of Cross-Gender Searches And Surveillance In Prisons: Defining An Appropriate And Uniform Review, Karoline E. Jackson
Indiana Law Journal
No abstract provided.
Race, Rights, And Remedies In Criminal Adjudication, Pamela S. Karlan
Race, Rights, And Remedies In Criminal Adjudication, Pamela S. Karlan
Michigan Law Review
Once upon a time, back before the Warren Court, criminal procedure and racial justice were adjacent hinterlands in constitutional law's empire. In 1954, the fifth edition of Dowling's constitutional law casebook contained one chapter on "procedural due process" in which six of the eight cases were about criminal justice, and three of those - Powell v. Alabama, Moore v. Dempsey, and Bailey v. Alabama - were as much about race as they were about crime. A few pages later, two slender chapters on the "national protection of civil rights" and "equal protection of the laws" contained seven and nine decisions, …
A Response To Professor Rubenfeld, Jonathan D. Hacker
A Response To Professor Rubenfeld, Jonathan D. Hacker
Michigan Law Review
Professor Jed Rubenfeld has offered in these pages an ingenious explanation for why the Supreme Court was right to strike down the Religious Freedom Restoration Act (RFRA) in City of Boerne v. Flores. Rubenfeld finds in the First Amendment's Establishment Clause a historical and inherent principle he calls "antidisestablishmentarianism": a prohibition on acts of Congress that "disestablish" religion in the several states. Rubenfeld reads the Establishment Clause as proscribing not only congressional acts that "establish" religion but also all congressional acts that "dictate a position on religion for states," including laws designed to ensure that states abide by the requirements …
Reply: Did The Fourteenth Amendment Repeal The First?, Jed Rubenfeld
Reply: Did The Fourteenth Amendment Repeal The First?, Jed Rubenfeld
Michigan Law Review
To get right to the point: Mr. Hacker does not disagree that the Establishment Clause would, in the absence of the Fourteenth Amendment, have prohibited Congress from passing a nationwide religion law like RFRA. He believes, however, that the Fourteenth Amendment has in part repealed the First. Of course, he doesn't want to say repealed. The language of repeal is not pleasant to the ears of those who would like to forget about First Amendment antidisestablishmentarianism. The Fourteenth Amendment did not "repeal any aspect of the text of the [Establishment] Clause," Hacker says, but only "change[d] profoundly the meaning of …
Criminal Procedure, Justice, Ethics, And Zeal, Darryl K. Brown
Criminal Procedure, Justice, Ethics, And Zeal, Darryl K. Brown
Michigan Law Review
William Stuntz's recent article, The Uneasy Relationship Between Criminal Procedure and Criminal Justice, offers a series of thoughtful observations on the reasons that criminal procedure doctrines designed to protect defendants have done so little to improve the criminal justice system. Stuntz's article describes the unintended effects of attempts by the United States Supreme Court to improve criminal justice by closely regulating criminal procedure. That procedural focus has had perverse effects because, in a dynamic criminal justice system, other institutional players have responded to procedural rules in ways that undermine appellate courts' goals. Specifically, legislatures have reacted by expanding substantive criminal …
Ducking Dred Scott: A Response To Alexander And Schauer, Emily Sherwin
Ducking Dred Scott: A Response To Alexander And Schauer, Emily Sherwin
Cornell Law Faculty Publications
No abstract provided.
Accommodating Outness: Hurley, Free Speech, And Gay And Lesbian Equality, Darren Lenard Hutchinson
Accommodating Outness: Hurley, Free Speech, And Gay And Lesbian Equality, Darren Lenard Hutchinson
UF Law Faculty Publications
In this article I explore two important questions raised by the Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston decision. First, although the Supreme Court did not analyze the case under the Roberts framework, it suggested at the conclusion of the opinion that the case would have the same outcome under that test. The Court's dictum concerning the Roberts trilogy thus raises the question whether Hurley indicates that the Court might disturb the Roberts doctrine if presented with the opportunity. Second, the Hurley Court, in rejecting GLIB's claim, found that the parade organizers were not attempting to exclude …
Hurdling The Police Coercion Requirement: State Alternatives To Colorado V. Connelly, Ronald G. Woodman Jr.
Hurdling The Police Coercion Requirement: State Alternatives To Colorado V. Connelly, Ronald G. Woodman Jr.
University of the District of Columbia Law Review
No abstract provided.
Oregon V. Elstad Revisited: Urging State Court Judges To Depart From The U.S. Supreme Court's Narrowing Of Miranda, Claudia R. Barbieri
Oregon V. Elstad Revisited: Urging State Court Judges To Depart From The U.S. Supreme Court's Narrowing Of Miranda, Claudia R. Barbieri
University of the District of Columbia Law Review
Imagine an average young man on the threshold of adulthood, living in a medium-sized town in a middle-class family. Still in his early years, he gets into a little local trouble and one day finds the police at his door. They ask him questions about a burglary. He panics, and as he racks his brain for some scrap of legal knowledge that might get him out of this frightening situation, he admits that he knows about the crime, stating he was there. The police become more persistent, telling him they know about his involvement, asking him if he wants to …
Watkins V. Angelone 133 F.3d 920 (4th Cir. 1998) United States Court Of Appeal, Fourth Circuit
Watkins V. Angelone 133 F.3d 920 (4th Cir. 1998) United States Court Of Appeal, Fourth Circuit
Capital Defense Journal
No abstract provided.
A Modest Proposal: Requiring Proof Beyond A Reasonable Doubt For Unadjudicated Acts Offered To Prove Future Dangerousness, Tommy Barrett
A Modest Proposal: Requiring Proof Beyond A Reasonable Doubt For Unadjudicated Acts Offered To Prove Future Dangerousness, Tommy Barrett
Capital Defense Journal
No abstract provided.
City Of Boerne V. Flores: Defining The Limits Of Congress's Fourteenth Amendment Enforcement Clause Power, R. Brent Hatcher Jr.
City Of Boerne V. Flores: Defining The Limits Of Congress's Fourteenth Amendment Enforcement Clause Power, R. Brent Hatcher Jr.
Mercer Law Review
In City of Boerne v. Flores,'the United States Supreme Court held that through the enactment of the Religious Freedom Restoration Act ("RFRA) Congress exceeded its Fourteenth Amendment Enforcement Clause Power. The Court invalidated the statute because of its incongruence and its contradiction of vital principles necessary to maintain the Separation of Powers doctrine.
Ohio Adult Parole Authority V. Woodard 1998 Wl 129931 (U.S. Mar. 25, 1998)1 United States Supreme Court
Capital Defense Journal
No abstract provided.
Gilbert V. Moore 134 F.3d 642 (4th Cir. 1998) United States Court Of Appeals, Fourth Circuit
Gilbert V. Moore 134 F.3d 642 (4th Cir. 1998) United States Court Of Appeals, Fourth Circuit
Capital Defense Journal
No abstract provided.
Plath V. Moore 130 F.3d 595 (4th Cir. 1997) United States Court Of Appeals, Fourth Circuit
Plath V. Moore 130 F.3d 595 (4th Cir. 1997) United States Court Of Appeals, Fourth Circuit
Capital Defense Journal
No abstract provided.
Satcher V. Pruett 126 F.3d 561 (4th Cir. 1997) United States Court Of Appeals, Fourth Circuit
Satcher V. Pruett 126 F.3d 561 (4th Cir. 1997) United States Court Of Appeals, Fourth Circuit
Capital Defense Journal
No abstract provided.
The Cy Pres Doctrine In The United States: From Extreme Reluctance To Affirmative Action, Frances Howell Rudko
The Cy Pres Doctrine In The United States: From Extreme Reluctance To Affirmative Action, Frances Howell Rudko
Faculty Publications
In Part I, the author illustrates how the United States jurisdictions differ from England in the requirement for charitable intent. Earlier cases reveal the United States, unlike England, has resisted relaxation of the requirement. In Part II, the author uses the Restatement of Trusts to demonstrate further how jurisdictions had developed differently at the mid-twentieth century point. In Part III, the author reports on the significant reforms in England and the corresponding, though halting, movement toward reform in the United States jurisdictions. In Part IV, the author describes the specific reform proposals in the United States proliferating since 1943. Finally, …
Equal Protection, Court Of Appeals: Trustees Of Union College V. Schenectady City Council
Equal Protection, Court Of Appeals: Trustees Of Union College V. Schenectady City Council
Touro Law Review
No abstract provided.