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Articles 1 - 20 of 20
Full-Text Articles in Fourteenth Amendment
Behind The Screen: Examining The Human Consequences And Constitutional Ramifications Of The Virtual Criminal Defendant, Mallory Kostroff
Behind The Screen: Examining The Human Consequences And Constitutional Ramifications Of The Virtual Criminal Defendant, Mallory Kostroff
Washington and Lee Journal of Civil Rights and Social Justice
Defendants are waiting behind a screen to learn their fate in their criminal proceedings. This Note sounds the alarm that having incarcerated defendants appear virtually for their criminal proceedings will lead the criminal justice system further down a path of mass incarceration and destruction. This Note demonstrates and argues that there are no benefits for having an incarcerated defendant appear virtually because there are no real benefits to the defendant themselves. Courts further try to argue that video appearances are efficient as they save time and money but as this Note shows those arguments are misleading and miss the point …
It Just Makes Sense: An Argument For A Uniform Objective Standard For Incarcerated Individuals Bringing Claims Under 42 U.S.C. § 1983, Pearce Thomson Embrey
It Just Makes Sense: An Argument For A Uniform Objective Standard For Incarcerated Individuals Bringing Claims Under 42 U.S.C. § 1983, Pearce Thomson Embrey
Washington and Lee Journal of Civil Rights and Social Justice
In July 2020, the New York Times published an article on a Department of Justice report detailing the systematic abuse of incarcerated individuals by prison guards within the State of Alabama’s Department of Corrections. This report evidences the challenges faced by incarcerated individuals seeking to vindicate their Eighth Amendment rights. In a legal sense, those individuals who turn to the court system for relief face an almost insurmountable burden of proof. This Note begins by surveying the history of excessive force claims under the Fourth, Eighth, and Fourteenth Amendments, as well as deliberate indifference claims under the Eighth and Fourteenth …
Minority And Vulnerable Populations Voting By Mail: A Convenience Or A Disadvantage, Kylan Sophia Josephine Memminger
Minority And Vulnerable Populations Voting By Mail: A Convenience Or A Disadvantage, Kylan Sophia Josephine Memminger
Washington and Lee Journal of Civil Rights and Social Justice
Mail-in voting has feverishly gained popularity in the United States over the last few primary and general elections. In light of this new balloting reality, a trend has emerged. Statistics from minority and vulnerable populations reveal that mail-in ballots composed and sent by these groups have been consistently rejected at a higher rate compared to majority populations. This Note begins by surveying the constitutional background for bringing a challenge to voting rights legislation, while confronting the divisive history of legal precedent surrounding these claims. This Note then analyzes the Supreme Court’s decision in Crawford v. Marion County Election Board and …
Giving Due Process Its Due: Why Deliberate Indifference Should Be Confined To Claims Arising Under The Cruel And Unusual Punishment Clause, Shad M. Brown
Washington and Lee Journal of Civil Rights and Social Justice
This Note discusses culpability requirements for claims brought by pretrial detainees and convicted prisoners. The initial focus is on deliberate indifference, a culpability requirement formulated under the Cruel and Unusual Punishment Clause but symmetrically applied to claims arising under the Due Process Clause of the Fourteenth Amendment. The Note then shifts to Kingsley v. Hendrickson, a landmark Supreme Court decision that casts doubt on the application of Eighth-Amendment standards to Fourteenth-Amendment claims. Finally, this Note advocates for the application of objective unreasonableness, a different culpability requirement, to claims arising under the Due Process Clause. It does so on the …
Isolation For Profit: How Privately Provided Video Visitation Services Incentivize Bans On In-Person Visitation Within American Correctional Facilities, J. Tanner Lusk
Washington and Lee Journal of Civil Rights and Social Justice
American correctional facilities are banning in-person visitation in lieu of privately provided and expensive video visitation services. This Note discusses the types of private services provided; how video visitation negatively affects inmates’ mental health and finances; and the ongoing legal battle occurring in Knox County, Tennessee, regarding whether the Knox County Jail’s ban on in-person visitation violates the Constitution. Because of the significant degree of deference courts grant correctional facilities when considering whether challenged regulations violate the Constitution, it will be difficult for the Knox County Jail inmates to successfully argue that the jail has violated their constitutional rights. There …
The Virginia Gardasil Law: A Constitutional Analysis Of Mandated Protection For Schoolchildren Against The Human Papillomavirus, Christina O. Hud
The Virginia Gardasil Law: A Constitutional Analysis Of Mandated Protection For Schoolchildren Against The Human Papillomavirus, Christina O. Hud
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Future Of Discriminatory Local Ordinances Aimed At Regulating Illegal Immigration, John Ryan Syllaios
The Future Of Discriminatory Local Ordinances Aimed At Regulating Illegal Immigration, John Ryan Syllaios
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Unconstitutionality Of Mississippi's Employment Protection Act And A Framework For Assessing Similar State Immigration Employment Laws, Nicholas Neidzwski
The Unconstitutionality Of Mississippi's Employment Protection Act And A Framework For Assessing Similar State Immigration Employment Laws, Nicholas Neidzwski
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Liberty Of Innocent Delights: Obscene Devices And The Limits Of State Power After Lawrence V. Texas, E. Benton Keatley
The Liberty Of Innocent Delights: Obscene Devices And The Limits Of State Power After Lawrence V. Texas, E. Benton Keatley
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Katrina Voting Wrongs: Aftermath Of Hurricane And Weak Enforcement Dilute African American Voting Rights In New Orleans, William P. Quigley
Katrina Voting Wrongs: Aftermath Of Hurricane And Weak Enforcement Dilute African American Voting Rights In New Orleans, William P. Quigley
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Young, Illegal, And Unaccompanied: One Step Short Of Legal Protection, Raya Jarawan
Young, Illegal, And Unaccompanied: One Step Short Of Legal Protection, Raya Jarawan
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Wake Of The Flood: Examining The Dissipation Of Property Rights Through A Model Of Post-Katrina New Orleans, Nicholas P. Devereux
Wake Of The Flood: Examining The Dissipation Of Property Rights Through A Model Of Post-Katrina New Orleans, Nicholas P. Devereux
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Substantive Due Process And Discourse Ethics: Rethinking Fundamental Rights Analysis, Timothy P. Loper
Substantive Due Process And Discourse Ethics: Rethinking Fundamental Rights Analysis, Timothy P. Loper
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
"Can I See Your Papers?" Local Police Enforcement Of Federal Immigration Law Post 9/11 And Asian American Permanent Foreignness, Mohar Ray
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
When The Classroom Speaks: A Public University's First Amendment Right To A Race-Conscious Admissions Policy, Alfred B. Gordon
When The Classroom Speaks: A Public University's First Amendment Right To A Race-Conscious Admissions Policy, Alfred B. Gordon
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Defining The Agenda: A New Struggle For African-American Women In The Fight For Reproductive Self-Determination, Melanie M. Lee
Defining The Agenda: A New Struggle For African-American Women In The Fight For Reproductive Self-Determination, Melanie M. Lee
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Personal Reflections On Adarand Construction Co. V. Pena, Steven H. Hobbs
Personal Reflections On Adarand Construction Co. V. Pena, Steven H. Hobbs
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Democratic National Committee V. Edward J. Rollins: Politics As Usual Or Unusual Politics?, Rachel E. Berry
Democratic National Committee V. Edward J. Rollins: Politics As Usual Or Unusual Politics?, Rachel E. Berry
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Effect, Or No Effect: A Comparison Of Prima Facie Standards Applied In "Disparate Impact" Cases Brought Under The Fair Housing Act (Title Viii), Kristopher E. Ahrend
Effect, Or No Effect: A Comparison Of Prima Facie Standards Applied In "Disparate Impact" Cases Brought Under The Fair Housing Act (Title Viii), Kristopher E. Ahrend
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
A Disparity That Is Worlds Apart: The Federal Sentencing Guidelines Treatment Of Crack Cocaine And Powder Cocaine, Kimberley Mache Maxwell
A Disparity That Is Worlds Apart: The Federal Sentencing Guidelines Treatment Of Crack Cocaine And Powder Cocaine, Kimberley Mache Maxwell
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.