Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (16)
- Civil Rights and Discrimination (9)
- Courts (8)
- Law Enforcement and Corrections (7)
- Supreme Court of the United States (6)
-
- Criminal Procedure (3)
- First Amendment (3)
- Law and Race (3)
- Sexuality and the Law (3)
- Election Law (2)
- Judges (2)
- Jurisprudence (2)
- Law and Politics (2)
- Legal History (2)
- Legislation (2)
- Litigation (2)
- State and Local Government Law (2)
- Construction Law (1)
- Family Law (1)
- Fourth Amendment (1)
- Housing Law (1)
- Land Use Law (1)
- Law and Gender (1)
- Legal Ethics and Professional Responsibility (1)
- Legal Profession (1)
- Legal Remedies (1)
- Torts (1)
- Institution
- Keyword
-
- Supreme Court (8)
- Capital punishment sentencing (7)
- Constitutions (7)
- Federal (7)
- Fourteenth amendment (7)
-
- New York (7)
- 1995) (6)
- Equal Protection Clause (5)
- United States Supreme Court (5)
- Appellate Division (4)
- Discrimination (4)
- Due Process Clause (4)
- Fourteenth Amendment (3)
- Minorities (3)
- New York State constitution (3)
- Race and law (3)
- Strict scrutiny (3)
- Women (3)
- African Americans (2)
- Amar (Akhil Reed) (2)
- Attainder Clause (2)
- Bill of Rights (2)
- Colorado (2)
- Court of Appeals (2)
- Equal Protection (2)
- Equal protection (2)
- Equal protection clause (2)
- Fifth Amendment (2)
- First Amendment (2)
- Freedom of Speech and Press (2)
Articles 1 - 30 of 31
Full-Text Articles in Fourteenth Amendment
Determining Ripeness Of Substantive Due Process Claims Brought By Landowners Against Local Governments, David S. Mendel
Determining Ripeness Of Substantive Due Process Claims Brought By Landowners Against Local Governments, David S. Mendel
Michigan Law Review
Landowners who sustain economic harm from arbitrary and capricious applications of land use regulations may sue the local government entities responsible for applying those regulations under 42 U.S.C. § 1983, alleging that the local government entities deprived them of substantive due process in violation of the Fourteenth Amendment. A landowner who brings this claim - an "as-applied arbitrary and capricious substantive due process" claim - may in appropriate cases seek declaratory and injunctive relief, damages, and attorney's fees. Despite controversy among courts and commentators over both the definition of property interests protected by the Due Process Clause and the standard …
Attainder And Amendment 2: Romer's Rightness, Akhil Reed Amar
Attainder And Amendment 2: Romer's Rightness, Akhil Reed Amar
Michigan Law Review
Call me silly. In fact, call me terminally silly. For despite Justice Scalia's remarkably confident claim, I believe, and shall try to prove below, that the Romer Court majority opinion invalidating Colorado's Amendment 2 was right both in form and in substance, both logically and sociologically. I stress "form" and "logic" at the outset because I share Justice Scalia's belief in the importance of these things in constitutional adjudication. I also share his commitment to constitutional text, history, and structure, and his suspicion of "free-form" constitutionalism. And so I shall highlight the text, history, and spirit of a constitutional clause …
Is Amendment 2 Really A Bill Of Attainder? Some Questions About Professor Amar's Analysis Of Romer, Roderick M. Hills Jr.
Is Amendment 2 Really A Bill Of Attainder? Some Questions About Professor Amar's Analysis Of Romer, Roderick M. Hills Jr.
Michigan Law Review
As I first discovered as a law student in Professor Amar's classes on legal history and federal courts, it is generally an intellectual treat to listen to Professor Amar's legal analysis, even when he is attacking one's own arguments. So my pleasure at reading Professor Amar's analysis of the Court's decision in Romer v. Evans was only partly dampened by his disapproval of the respondents' brief that I and other plaintiffs' counsel filed with the Court. According to Amar, this respondents' brief provided the Court with "so little help" that it had to rely on an entirely different and much …
Gray V. Netherland 116 S.Ct. 2074 United States Supreme Court
Gray V. Netherland 116 S.Ct. 2074 United States Supreme Court
Capital Defense Journal
No abstract provided.
Clagett V. Commonwealth 252 Va. 79, 472 S.E.2d 263 (1996) Supreme Court Of Virginia
Clagett V. Commonwealth 252 Va. 79, 472 S.E.2d 263 (1996) Supreme Court Of Virginia
Capital Defense Journal
No abstract provided.
Are The Similarities Between A Woman's Right To Choose An Abortion And The Alleged Right To Assisted Suicide Really Compelling?, Marc Spindelman
Are The Similarities Between A Woman's Right To Choose An Abortion And The Alleged Right To Assisted Suicide Really Compelling?, Marc Spindelman
University of Michigan Journal of Law Reform
In this Article, Marc Spindelman examines the relationship between abortion and assisted suicide. He begins his discussion with the constitutional framework within which courts should consider the assertion that the Due Process Clause of the Fourteenth Amendment protects an individual's decision to commit assisted suicide. The Author then considers and, based on relevant Supreme Court doctrine, rejects the conception of personal autonomy that undergirds the claimed constitutional right to assisted suicide. Finally, the Author points out some legal and cultural distinctions between abortion and assisted suicide, arguing that these distinctions offer courts good reasons for holding that the Fourteenth Amendment's …
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.
Sheppard V. Commonwealth 250 Va. 379, 464 S.E.2d 131 (1995) Supreme Court Of Virginia
Sheppard V. Commonwealth 250 Va. 379, 464 S.E.2d 131 (1995) Supreme Court Of Virginia
Capital Defense Journal
No abstract provided.
Maximizing Your Potential: The Effective Use Of Co-Counsel In A Capital Case, Courtney S. Townes
Maximizing Your Potential: The Effective Use Of Co-Counsel In A Capital Case, Courtney S. Townes
Capital Defense Journal
No abstract provided.
Fry V. Commonwealth 250 Va. 413, 463 S.E.2d 433 (1995) Supreme Court Of Virginia
Fry V. Commonwealth 250 Va. 413, 463 S.E.2d 433 (1995) Supreme Court Of Virginia
Capital Defense Journal
No abstract provided.
Litigating Jury Issues In Capital Trials: Constitutional Law And Virginia Procedures, Paula Dyan Effle
Litigating Jury Issues In Capital Trials: Constitutional Law And Virginia Procedures, Paula Dyan Effle
Capital Defense Journal
No abstract provided.
Roach V. Commonwealth 1996 Wl 88107 (Va. 1996) Supreme Court Of Virginia
Roach V. Commonwealth 1996 Wl 88107 (Va. 1996) Supreme Court Of Virginia
Capital Defense Journal
No abstract provided.
Adarand Constructors V. Pena: Madisonian Theory As A Justification For Lesser Constitutional Scrutiny Of Federal Race-Conscious Legislation, Russell N. Watterson Jr.
Adarand Constructors V. Pena: Madisonian Theory As A Justification For Lesser Constitutional Scrutiny Of Federal Race-Conscious Legislation, Russell N. Watterson Jr.
BYU Law Review
No abstract provided.
A Critical Analysis Of Constitutional Claims For Same-Sex Marriage, Lynn D. Wardle
A Critical Analysis Of Constitutional Claims For Same-Sex Marriage, Lynn D. Wardle
BYU Law Review
No abstract provided.
Affirmative Duties, Systemic Harms, And The Due Process Clause, Barbara E. Armacost
Affirmative Duties, Systemic Harms, And The Due Process Clause, Barbara E. Armacost
Michigan Law Review
Part I of the article lays out the major academic criticisms of DeShaney v. Winnebago County Department of Social Services. Part II describes the contours of liability for failure to protect in tort. Part III offers a positive explanation for the strong presumption against governmental liability in failure-to-protect cases: permitting broad liability for failure to protect would involve the courts in second-guessing political decisions about the use of limited community resources. This explanation has two parts. First, as a matter of institutional competence, budgetary decisions about the appropriate level and distribution of public services are better suited to political rather …
Can Minority Voting Rights Survive Miller V. Johnson, Laughlin Mcdonald
Can Minority Voting Rights Survive Miller V. Johnson, Laughlin Mcdonald
Michigan Journal of Race and Law
Part I of this Article reviews the congressional redistricting process in Georgia, particularly the State's efforts to comply with the Voting Rights Act and avoid the dilution of minority voting strength. Part II describes the plaintiffs' constitutional challenge and the State's asserted defenses, or more accurately its lack of asserted defenses. Part III argues that the decision of the majority rests upon wholly false assumptions about the colorblindness of the political process and the harm caused by remedial redistricting. Part IV notes the expansion in Miller of the cause of action first recognized in Shaw v. Reno. Part V …
"What's So Magic[Al] About Black Women?" Peremptory Challenges At The Intersection Of Race And Gender, Jean Montoya
"What's So Magic[Al] About Black Women?" Peremptory Challenges At The Intersection Of Race And Gender, Jean Montoya
Michigan Journal of Gender & Law
This Article addresses the evolving constitutional restraints on the exercise of peremptory challenges in jury selection. Approximately ten years ago, in the landmark case of Batson v. Kentucky, the United States Supreme Court held that the Equal Protection Clause forbids prosecutors to exercise race-based peremptory challenges, at least when the excluded jurors and the defendant share the same race. Over the next ten years, the Court extended Batson's reach.
To Accomplish Fairness And Justice: Substantive Due Process, 30 J. Marshall L. Rev. 95 (1996), James W. Hilliard
To Accomplish Fairness And Justice: Substantive Due Process, 30 J. Marshall L. Rev. 95 (1996), James W. Hilliard
UIC Law Review
No abstract provided.
Rights And Freedoms Under The State Constitution: A New Deal For Welfare Rights, Sandra M. Stevenson, Eve Cary, Mary Falk, Helen Hershkoff, Robert A. Heverly
Rights And Freedoms Under The State Constitution: A New Deal For Welfare Rights, Sandra M. Stevenson, Eve Cary, Mary Falk, Helen Hershkoff, Robert A. Heverly
Touro Law Review
No abstract provided.
United States V. Virginia: Does Intermediate Scrutiny Still Exist?, Eric J. Stockel
United States V. Virginia: Does Intermediate Scrutiny Still Exist?, Eric J. Stockel
Touro Law Review
No abstract provided.
Reconsidering Strict Scrutiny Of Affirmative Action, Brent E. Simmons
Reconsidering Strict Scrutiny Of Affirmative Action, Brent E. Simmons
Michigan Journal of Race and Law
Under the artificial constraints of strict scrutiny, however, the courts are free to veto the government's choice of more effective, race-conscious means. The Supreme Court's unfortunate and ill-conceived adoption of strict scrutiny as the constitutional standard for reviewing race-conscious affirmative action should be reconsidered for several reasons. This Article examines those reasons.