Open Access. Powered by Scholars. Published by Universities.®

Fourteenth Amendment Commons

Open Access. Powered by Scholars. Published by Universities.®

Journal

1996

Discipline
Institution
Keyword
Publication

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 Nov 1996

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 Oct 1996

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. Oct 1996

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 Sep 1996

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 Sep 1996

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 Apr 1996

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 Apr 1996

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 Apr 1996

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 Apr 1996

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 Mar 1996

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 Mar 1996

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 Mar 1996

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 Mar 1996

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 Mar 1996

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. Mar 1996

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 Mar 1996

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 Feb 1996

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 Jan 1996

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 Jan 1996

"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.


Equal Protection Jan 1996

Equal Protection

Touro Law Review

No abstract provided.


To Accomplish Fairness And Justice: Substantive Due Process, 30 J. Marshall L. Rev. 95 (1996), James W. Hilliard Jan 1996

To Accomplish Fairness And Justice: Substantive Due Process, 30 J. Marshall L. Rev. 95 (1996), James W. Hilliard

UIC Law Review

No abstract provided.


Freedom Of Speech And Press Jan 1996

Freedom Of Speech And Press

Touro Law Review

No abstract provided.


Right To Be Present Jan 1996

Right To Be Present

Touro Law Review

No abstract provided.


Speedy Trial Jan 1996

Speedy Trial

Touro Law Review

No abstract provided.


Right To Counsel Jan 1996

Right To Counsel

Touro 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 Jan 1996

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 Jan 1996

United States V. Virginia: Does Intermediate Scrutiny Still Exist?, Eric J. Stockel

Touro Law Review

No abstract provided.


Freedom Of Speech And Press Jan 1996

Freedom Of Speech And Press

Touro Law Review

No abstract provided.


Equal Protection Jan 1996

Equal Protection

Touro Law Review

No abstract provided.


Reconsidering Strict Scrutiny Of Affirmative Action, Brent E. Simmons Jan 1996

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.