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- 14th amendment (4)
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Articles 1 - 15 of 15
Full-Text Articles in Fourteenth Amendment
Federal Judge Denies Preliminary Injunction Against Idaho’S Bathroom Law, But Refuses To Dismiss Challenge, Arthur S. Leonard
Federal Judge Denies Preliminary Injunction Against Idaho’S Bathroom Law, But Refuses To Dismiss Challenge, Arthur S. Leonard
Articles & Chapters
No abstract provided.
Ineffective Counsel In Death Penalty Cases And The Promise Of Therapeutic Jurisprudence, Michael L. Perlin, J.D.
Ineffective Counsel In Death Penalty Cases And The Promise Of Therapeutic Jurisprudence, Michael L. Perlin, J.D.
Articles & Chapters
It is absolutely essential to consider the abject ineffectiveness of counsel in a significant number of death penalty cases involving defendants with serious mental disabilities and how such ineffectiveness is often (scandalously) accepted by reviewing courts. We must also assess all of the concerns raised in this excellent paper by Hiromoto and colleagues through the filter of therapeutic jurisprudence as a way to guide counsel to thoroughly investigate all aspects of such cases (especially those involving defendants with PTSD) and to present substantial mitigating evidence to the fact finders in the sorts of cases the authors are discussing.
Gavin Grimm Triumphs In Battle With Virginia School Board, Arthur S. Leonard
Gavin Grimm Triumphs In Battle With Virginia School Board, Arthur S. Leonard
Other Publications
No abstract provided.
Trump Anti-Trans Regs Vulnerable To Challenge, Arthur S. Leonard
Trump Anti-Trans Regs Vulnerable To Challenge, Arthur S. Leonard
Other Publications
No abstract provided.
Immigration Adjudication: The Missing Rule Of Law, Lenni B. Benson
Immigration Adjudication: The Missing Rule Of Law, Lenni B. Benson
Articles & Chapters
No abstract provided.
On Pride’S Eve, The State Of Transgender Equality, Arthur S. Leonard
On Pride’S Eve, The State Of Transgender Equality, Arthur S. Leonard
Other Publications
No abstract provided.
The High Power Of The Lower Courts, Doni Gewirtzman
The High Power Of The Lower Courts, Doni Gewirtzman
Other Publications
No abstract provided.
Amidst Developments Unfolding In Courtrooms Across Colorado, Same-Sex Couples Marry In Boulder, Denver, Pueblo, Arthur S. Leonard
Amidst Developments Unfolding In Courtrooms Across Colorado, Same-Sex Couples Marry In Boulder, Denver, Pueblo, Arthur S. Leonard
Other Publications
No abstract provided.
Better Late Than Never?, Arthur S. Leonard
Will We Finally See Courtroom Debate?, Arthur S. Leonard
Will We Finally See Courtroom Debate?, Arthur S. Leonard
Other Publications
No abstract provided.
Fatal Assumption: A Critical Evaluation Of The Role Of Counsel In Mental Disability Cases, Michael L. Perlin
Fatal Assumption: A Critical Evaluation Of The Role Of Counsel In Mental Disability Cases, Michael L. Perlin
Articles & Chapters
No abstract provided.
Federal Court Reform Of State Criminal Justice Systems: A Reassessment Of The Younger Doctrine From A Modern Perspective, Donald H. Zeigler
Federal Court Reform Of State Criminal Justice Systems: A Reassessment Of The Younger Doctrine From A Modern Perspective, Donald H. Zeigler
Articles & Chapters
The Supreme Court in its 1971 decision of Younger v. Harris prohibited federal court intervention in pending state criminal proceedings in the absence of special circumstances. This Article examines the Younger doctrine from a modern perspective and argues for its abolition. The Article shows that abstention in cases seeking reform of state criminal justice systems is inconsistent with federal court activism in other areas. It argues that state judges are not entitled to greater deference by federal courts than other state officials. It then explains why federal injunctive relief is essential to achieve systemic reform of state criminal justice. Finally, …
A Reassessment Of The Younger Doctrine In Light Of The Legislative History Of Reconstruction, Donald H. Zeigler
A Reassessment Of The Younger Doctrine In Light Of The Legislative History Of Reconstruction, Donald H. Zeigler
Articles & Chapters
Recently the Supreme Court extended the doctrine of Younger v. Harris to preclude federal court reform of state criminal and civil justice systems. In this article, Professor Zeigler argues that Younger and its progeny directly contravene the intent of the Reconstruction Congresses that adopted the fourteenth amendment and enacted numerous pieces of enforcement legislation. His research demonstrates that these Congresses intended the federal courts to be the primary enforcer of Reconstruction reform measures. Professor Ziegler concludes that the federal courts are neglecting their duty to enforce constitutional safeguards in state justice systems.
Schoolbooks, School Boards, And The Constitution [Notes], Aleta Estreicher
Schoolbooks, School Boards, And The Constitution [Notes], Aleta Estreicher
Articles & Chapters
No abstract provided.
Can Distraint Stand Up As A Landlord’S Remedy?, Gerald Korngold
Can Distraint Stand Up As A Landlord’S Remedy?, Gerald Korngold
Articles & Chapters
Though a landlord's right of seizure is well established in the common law and provided for by the laws of many states, some federal courts have found distraint procedures to be incompatible with Fourteenth Amendment due process requirements. This article examines the constitutionality and validity of the present Pennsylvania distraint statute, surveys the cases dealing with the issue, and reviews some recent decisions concerning due process which are relevant to the determination of the statute's constitutionality. The Pennsylvania experience can serve as an example for practitioners in other jurisdictions since, most of them have had few, if any, cases concerning …