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Articles 1 - 7 of 7
Full-Text Articles in Fourteenth Amendment
Reaction To: Wealth, Poverty, And The Equal Protection Clause, Patricia A. Broussard
Reaction To: Wealth, Poverty, And The Equal Protection Clause, Patricia A. Broussard
Journal Publications
No abstract provided.
Deconstructing The Bill Of Rights In Administrative Adjudication--Enfranchising Constitutional Principles In The Process, Shiv Narayan Persaud
Deconstructing The Bill Of Rights In Administrative Adjudication--Enfranchising Constitutional Principles In The Process, Shiv Narayan Persaud
Journal Publications
With the increased tendency toward governmental oversight in modern society, Congress deemed it fit to delegate some of its lawmaking authority to the other branches of government. While this action has effectuated the promulgation of regulations and resolution of disputes through adjudicatory proceedings, the area of administrative law continues to be challenging, especially where it poses concerns regarding an individual’s basic rights. This Article will focus discussion on some fundamental issues relating to the administrative process and explore the ramifications on the individual.
Conceptualizations Of Legalese In The Course Of Due Process, From Arrest To Plea Bargain: The Perspectives Of Disadvantaged Offenders, Shiv Narayan Persaud
Conceptualizations Of Legalese In The Course Of Due Process, From Arrest To Plea Bargain: The Perspectives Of Disadvantaged Offenders, Shiv Narayan Persaud
Journal Publications
"Equal protection" and "due process of law" are constitutional guarantees tenaciously embraced by all Americans.' While numerous studies focused on how these guarantees play out in the lives of offenders, few sought to examine these guarantees from the standpoint of offenders, particularly those from disadvantaged socio-economic backgrounds. Guaranteed under the Fourteenth Amendment of the U.S. Constitution, the Equal Protection Clause makes clear, in part, that, "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due …
Two "Wrongs" Do/Can Make A Right: Remembering Mathematics, Physics, & Various Legal Analogies (Two Negatives Make A Positive; Are Remedies Wrong?) The Law Has Made Him Equal, But Man Has Not, John C. Duncan Jr
Journal Publications
This article demonstrates the incomplete logic and inconsistent legal reasoning used in the argument against affirmative action. The phrase "two wrongs don't make a right" is often heard in addressing various attempts to equalize, to balance, and to correct the acknowledged wrongs of slavery and segregation and their derivative effects. Yet, "two wrongs do/can make a right" has a positive connotation. This article reviews the history of societal and judicial wrongs against Blacks, as well as the evolution of the narrowing in legal reasoning concerning discrimination against minorities, including Blacks. Next, the legal reasoning behind legacy programs will be reviewed …
The American 'Legal' Dilemma: Colorblind I/Colorblind Ii--The Rules Have Changed Again: A Semantic Apothegmatic Permutation, John C. Duncan Jr
The American 'Legal' Dilemma: Colorblind I/Colorblind Ii--The Rules Have Changed Again: A Semantic Apothegmatic Permutation, John C. Duncan Jr
Journal Publications
"Our Constitution is colorblind" initially meant that white majority preferences could not and should not be reflected in government action. The maxim now means race should not be reflected at all in government action. The answer to racism lies somewhere between well-reasoned "blind" hope and historically-proven skepticism. Part I of this Article discusses the ideal of the colorblind society; Part II discusses what this Article deems as Colorblind I. Part III places each colorblind argument in perspective, and seeks to illustrate that the concept of colorblindness could be an ideal, but has rather become meaningless rhetoric in an endless racial …
The Indentured Servants Of Academia: The Adjunct Faculty Dilemma And Their Limited Legal Remedies, John C. Duncan, Jr.
The Indentured Servants Of Academia: The Adjunct Faculty Dilemma And Their Limited Legal Remedies, John C. Duncan, Jr.
Journal Publications
In this half of the twentieth century, the academic equivalent of the indentured servant is the adjunct faculty member in higher education. Adjuncts cannot say or do much about their plight. The dilemma of adjunct faculty leads to what should be considered a violation of due process rights. This Article first examines who are the adjunct faculty, what are their dilemmas, and how are they viewed in the academic world. The heart of the paper then explores the limited legal remedies available. The essential problems of lack of due process and minimal protection through collective bargaining and contractual agreements are …
Random Drug Testing Of Student Athletes By State Universities In The Wake Of Von Raab And Skinner, Leroy Pernell
Random Drug Testing Of Student Athletes By State Universities In The Wake Of Von Raab And Skinner, Leroy Pernell
Journal Publications
This article will focus on the particularly complicated question of the legality of drug testing at state universities. State universities comprise a significant number of the universities involved in intercollegiate athletics at the major conference level. The state university at the same time is a branch of the state and operates under color of state law. As such, its actions fall under the additional scrutiny of the constitutional principles contained in, and incorporated through, the fourteenth amendment to the United States Constitution. In examining the legal significance of drug testing of student-athletes at a state university, this article will closely …