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Full-Text Articles in Fourteenth Amendment

Limited Choices: How The School-Choice Paradigm Subverts Equal Education For Students With Disabilities, Amanda S. Sen Jul 2019

Limited Choices: How The School-Choice Paradigm Subverts Equal Education For Students With Disabilities, Amanda S. Sen

Maryland Law Review

While there is no absolute right to education in the Constitution of the United States, legislation and litigation have created and elucidated specific rights of children to, at a minimum, equal opportunity in education. For students with disabilities, the right to equality in educational opportunity can be found in both federal statutes and under the Fourteenth Amendment to the Constitution. Rapidly developing education policy currently promotes increasing options for parents to use federal and state funds to send their children to schools other than their neighborhood public schools (“school choice”). However, the specific rights of students with disabilities have been …


Bristol-Myers Squibb Co. V. Superior Court: Reproaching The Sliding Scale Approach For The Fixable Fault Of Sliding Too Far, John V. Feliccia May 2018

Bristol-Myers Squibb Co. V. Superior Court: Reproaching The Sliding Scale Approach For The Fixable Fault Of Sliding Too Far, John V. Feliccia

Maryland Law Review

No abstract provided.


The Privacy Of The Public Schools, Emily Suski May 2018

The Privacy Of The Public Schools, Emily Suski

Maryland Law Review

This Article compares the liability of the public schools with that of families for harms to children in their care. Families serve as an apt vehicle for comparative analysis because families’ and schools’ responsibilities for children overlap substantially. Despite these overlapping responsibilities, however, the law allows schools to evade liability for harms to children and penalizes families for the same or similar harms.

Drawing on feminist theory on privacy and the public/private divide, this Article argues that the limits of public school liability mean they have privacy. Feminist theorists identify privacy as freedom from regulation and intrusion into decision-making. Public …


A Chill Wind Blows: Undue Burden In The Wake Of Whole Woman’S Health V. Hellerstedt, Catherine Gamper Jun 2017

A Chill Wind Blows: Undue Burden In The Wake Of Whole Woman’S Health V. Hellerstedt, Catherine Gamper

Maryland Law Review

No abstract provided.


Constitutional Incorporation: A Consideration Of The Judicial Function In State And Federal Constitutional Interpretation, Richard Boldt, Dan Friedman Mar 2017

Constitutional Incorporation: A Consideration Of The Judicial Function In State And Federal Constitutional Interpretation, Richard Boldt, Dan Friedman

Maryland Law Review

No abstract provided.


Foreword: Private And Public Revisited Once Again, Mark A. Graber Dec 2015

Foreword: Private And Public Revisited Once Again, Mark A. Graber

Maryland Law Review

No abstract provided.


Universal Arguments And Particular Arguments On Abortion Rights, Stuart Chinn Dec 2015

Universal Arguments And Particular Arguments On Abortion Rights, Stuart Chinn

Maryland Law Review

No abstract provided.


The Right To Same-Sex Marriage: Formalism, Realism, And Social Change In Lawrence (2003), Windsor (2013), & Obergefell (2015), Ronald Kahn Dec 2015

The Right To Same-Sex Marriage: Formalism, Realism, And Social Change In Lawrence (2003), Windsor (2013), & Obergefell (2015), Ronald Kahn

Maryland Law Review

No abstract provided.


Privacy At 50: The Bedroom, The Courtroom, And The Spaces In Between, Judith A. Baer Dec 2015

Privacy At 50: The Bedroom, The Courtroom, And The Spaces In Between, Judith A. Baer

Maryland Law Review

No abstract provided.


Perry V. New Hampshire: Abandoning The Supreme Court's Fundamental Concern With Eyewitness Reliability, Shaun Gates Jan 2013

Perry V. New Hampshire: Abandoning The Supreme Court's Fundamental Concern With Eyewitness Reliability, Shaun Gates

Maryland Law Review

No abstract provided.


Conclusion: The Political Thirteenth Amendment, Rebecca E. Zietlow Jan 2011

Conclusion: The Political Thirteenth Amendment, Rebecca E. Zietlow

Maryland Law Review

No abstract provided.


Symposium - The Maryland Constitutional Law Schmooze - Foreword: Plus Or Minus One: The Thirteenth And Fourteenth Amendments, Mark A. Graber Jan 2011

Symposium - The Maryland Constitutional Law Schmooze - Foreword: Plus Or Minus One: The Thirteenth And Fourteenth Amendments, Mark A. Graber

Maryland Law Review

No abstract provided.


Congressional Authority To Interpret The Thirteenth Amendment, Alexander Tsesis Jan 2011

Congressional Authority To Interpret The Thirteenth Amendment, Alexander Tsesis

Maryland Law Review

No abstract provided.


Congressional Authority To Interpret The Thirteenth Amendment: A Response To Professor Tsesis, Jennifer Mason Mcaward Jan 2011

Congressional Authority To Interpret The Thirteenth Amendment: A Response To Professor Tsesis, Jennifer Mason Mcaward

Maryland Law Review

No abstract provided.


Involuntary Servitude, Public Accommodations Laws, And The Legacy Of Heart Of Atlanta Motel, Inc. V. United States, Linda C. Mcclain Jan 2011

Involuntary Servitude, Public Accommodations Laws, And The Legacy Of Heart Of Atlanta Motel, Inc. V. United States, Linda C. Mcclain

Maryland Law Review

No abstract provided.


Constitutional Politics, Constitutional Law, And The Thirteenth Amendment, Michael Les Benedict Jan 2011

Constitutional Politics, Constitutional Law, And The Thirteenth Amendment, Michael Les Benedict

Maryland Law Review

No abstract provided.


Beyond Originalism: Conservative Declarationism And Constitutional Redemption, Ken I. Kersch Jan 2011

Beyond Originalism: Conservative Declarationism And Constitutional Redemption, Ken I. Kersch

Maryland Law Review

No abstract provided.


What’S Different About The Thirteenth Amendment, And Why Does It Matter?, James Gray Pope Jan 2011

What’S Different About The Thirteenth Amendment, And Why Does It Matter?, James Gray Pope

Maryland Law Review

No abstract provided.


The Right To Refuse: Should Prison Inmates Be Allowed To Discontinue Treatment For Incurable, Noncommunicable Medical Conditions?, Daniel R. H. Mendelsohn Jan 2011

The Right To Refuse: Should Prison Inmates Be Allowed To Discontinue Treatment For Incurable, Noncommunicable Medical Conditions?, Daniel R. H. Mendelsohn

Maryland Law Review

No abstract provided.


The Thirteenth Amendment, Interest Convergence, And The Badges And Incidents Of Slavery, William M. Carter Jr. Jan 2011

The Thirteenth Amendment, Interest Convergence, And The Badges And Incidents Of Slavery, William M. Carter Jr.

Maryland Law Review

No abstract provided.


The Thirteenth Amendment And The Meaning Of Familial Bonds, Julie Novkov Jan 2011

The Thirteenth Amendment And The Meaning Of Familial Bonds, Julie Novkov

Maryland Law Review

No abstract provided.


Engquist V. Oregon Department Of Agriculture: No Harm Meant? The Vanquished Requirement Of Ill-Will In Class-Of-One Equal Protection Claims And The Erosion Of Public Employees’ Constitutional Rights, Kerstin Miller Jan 2009

Engquist V. Oregon Department Of Agriculture: No Harm Meant? The Vanquished Requirement Of Ill-Will In Class-Of-One Equal Protection Claims And The Erosion Of Public Employees’ Constitutional Rights, Kerstin Miller

Maryland Law Review

No abstract provided.


Conaway V. Deane: To Have And To Hold, From This Day Forward—Maryland’S Unfit Marriage To Federal Equal Protection Analysis, Rachel A. Shapiro Jan 2009

Conaway V. Deane: To Have And To Hold, From This Day Forward—Maryland’S Unfit Marriage To Federal Equal Protection Analysis, Rachel A. Shapiro

Maryland Law Review

No abstract provided.


The Role Of Courts Vis-À-Vis Legislatures In The Same-Sex Marriage Context: Sexual Orientation As A Suspect Classification, Ingrid M. Lofgren Jan 2009

The Role Of Courts Vis-À-Vis Legislatures In The Same-Sex Marriage Context: Sexual Orientation As A Suspect Classification, Ingrid M. Lofgren

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Jewish Women Under Siege: The Fight For Survival On The Front Lines Of Love And The Law, Adam H. Koblenz Jan 2009

Jewish Women Under Siege: The Fight For Survival On The Front Lines Of Love And The Law, Adam H. Koblenz

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Crawford V. Marion County Election Board: A Picture Is Worth A Thousand Words And Exactly One Vote, Brian C. Crook Jan 2009

Crawford V. Marion County Election Board: A Picture Is Worth A Thousand Words And Exactly One Vote, Brian C. Crook

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Are You My Mother?: Removing A Gestational Surrogate’S Name From The Birth Certificate In The Name Of Equal Protection, Erin V. Podolny Jan 2008

Are You My Mother?: Removing A Gestational Surrogate’S Name From The Birth Certificate In The Name Of Equal Protection, Erin V. Podolny

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Johnson V. California: Setting A Constitutional Trap For Prison Officials, Rachel C. Grumberger Jan 2006

Johnson V. California: Setting A Constitutional Trap For Prison Officials, Rachel C. Grumberger

Maryland Law Review

No abstract provided.


Reversing A Trend: An As-Applied Approach Weakens The Boerne Congruence And Proportionality Test, Michael J. Neary Jan 2005

Reversing A Trend: An As-Applied Approach Weakens The Boerne Congruence And Proportionality Test, Michael J. Neary

Maryland Law Review

No abstract provided.


Kelly V. South Carolina: Extending Due Process Creates An Untenable Standard For Determining When Capital Sentencing Juries Should Be Informed Of Parole Ineligibility, Paul M. Dillbeck Jan 2003

Kelly V. South Carolina: Extending Due Process Creates An Untenable Standard For Determining When Capital Sentencing Juries Should Be Informed Of Parole Ineligibility, Paul M. Dillbeck

Maryland Law Review

No abstract provided.