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Articles 1 - 16 of 16
Full-Text Articles in Fourteenth Amendment
Justice By Any Other Name: The Right To A Jury Trial And The Criminal Nature Of Juvenile Justice In Louisiana, Kerrin C. Wolf
Justice By Any Other Name: The Right To A Jury Trial And The Criminal Nature Of Juvenile Justice In Louisiana, Kerrin C. Wolf
William & Mary Bill of Rights Journal
The juvenile justice system has become increasingly punitive in recent decades. While the juvenile justice system has come to resemble the adult system in this way, juveniles facing adjudication nevertheless are denied the essential Sixth Amendment due process right. This Note will argue that the Louisiana Supreme Court decided State ex rel. D.J. incorrectly and, further, will demonstrate that the nation as a whole should revisit the place of juries in juvenile proceedings.
The "Horizontal Effect" Of Constitutional Rights, Stephen Gardbaum
The "Horizontal Effect" Of Constitutional Rights, Stephen Gardbaum
Michigan Law Review
Among the most fundamental issues in constitutional law is the scope of application of individual rights provisions and, in particular, their reach into the private sphere. This issue is also currently one of the most important and hotly debated in comparative constitutional law, where it is known under the rubric of "vertical" and "horizontal effect." These alternatives refer to whether constitutional rights regulate only the conduct of governmental actors in their dealings with private individuals (vertical) or also relations between private individuals (horizontal). In recent years, the horizontal position has been adopted to varying degrees, and after systematic scholarly and …
Walton V. Angelone 321 F.3d 442 (4th Cir. 2003)
Walton V. Angelone 321 F.3d 442 (4th Cir. 2003)
Capital Defense Journal
No abstract provided.
Reinforcing Representation: Congressional Power To Enforce The Fourteenth And Fifteenth Amendments In The Rehnquist And Waite Courts, Ellen D. Katz
Reinforcing Representation: Congressional Power To Enforce The Fourteenth And Fifteenth Amendments In The Rehnquist And Waite Courts, Ellen D. Katz
Michigan Law Review
A large body of academic scholarship accuses the Rehnquist Court of "undoing the Second Reconstruction," just as the Waite Court has long been blamed for facilitating the end of the First. This critique captures much of what is meant by those generally charging the Rehnquist Court with "conservative judicial activism." It posits that the present Court wants to dismantle decades' worth of federal antidiscrimination measures that are aimed at the "reconstruction" of public and private relationships at the local level. It sees the Waite Court as having similarly nullified the civil-rights initiatives enacted by Congress following the Civil War to …
Lochner'S Feminist Legacy, David E. Bernstein
Lochner'S Feminist Legacy, David E. Bernstein
Michigan Law Review
Professor Julie Novkov's Constituting Workers, Protecting Women examines the so-called Lochner era of American constitutional jurisprudence through the lens of the struggle over the constitutionality of "protective" labor legislation, such as maximum hours and minimum wage laws. Many of these laws applied only to women, and Novkov argues that the debate over the constitutionality of protective laws for women - laws that some women's rights advocates saw as discriminatory legislation against women - ultimately had more important implications for the constitutionality of protective labor legislation more generally. Liberally defined, the Lochner era lasted from the Slaughter-House Cases in 1873 - …
May Congress Grant The States The Power To Violate The Equal Protection Clause? Aliessa V. Novello And Title Iv Of The Personal Responsibility And Work Opportunity Reconciliation Act Of 1996, Karin H. Berg
Brigham Young University Journal of Public Law
No abstract provided.
Section Five Overbreadth: The Facial Approach To Adjudicating Challenges Under Section Five Of The Fourteenth Amendment, Catherine Carroll
Section Five Overbreadth: The Facial Approach To Adjudicating Challenges Under Section Five Of The Fourteenth Amendment, Catherine Carroll
Michigan Law Review
In February 1996, the New York State Department of Transportation fired Joseph Kilcullen from his position as a snowplow driver in the Department's Highway Maintenance training program. Alleging that the state discharged him because of his epilepsy and learning disability, Kilcullen sued his former employer under the Americans with Disabilities Act ("ADA"), which abrogated states' sovereign immunity and permitted private suits for damages against states in a federal court. Kilcullen asserted only that he was not treated the same as similarly situated non-disabled employees; his claim did not implicate the ADA's requirement that employers provide "reasonable accommodation" to disabled employees. …
Expressivism, Empathy And Equality, Rachel D. Godsil
Expressivism, Empathy And Equality, Rachel D. Godsil
University of Michigan Journal of Law Reform
In this article, Professor Godsil argues that the Supreme Court should not limit its application of heightened scrutiny to facially neutral government actions motivated by discriminatory intent, but rather, that the Court should apply such scrutiny when the challenged government action expresses contempt or hostility toward racial, ethnic, and gender groups or constitutes them as social inferiors or stigmatized classes. This article builds upon recent scholarship seeking to transplant this form of expressivism from the Establishment Clause to the Equal Protection context. However, this article contends that this scholarship has misconceived the test to be applied. For any expressive theory, …
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.
The Master's Tools: Deconstructing The Socratic Method And Its Disparate Impact On Women Through The Prism Of The Equal Protection Doctrine, Tanisha Makeba Bailey
The Master's Tools: Deconstructing The Socratic Method And Its Disparate Impact On Women Through The Prism Of The Equal Protection Doctrine, Tanisha Makeba Bailey
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Righting The Canoe: Title Ix And The Decline Of Men's Intercollegiate Athletics, 37 J. Marshall L. Rev. 257 (2003), Andrew J. Boyd
Righting The Canoe: Title Ix And The Decline Of Men's Intercollegiate Athletics, 37 J. Marshall L. Rev. 257 (2003), Andrew J. Boyd
UIC Law Review
No abstract provided.
"The Implicit Association Test": A Measure Of Unconscious Racism In Legislative Decision-Making, Reshma M. Saujani
"The Implicit Association Test": A Measure Of Unconscious Racism In Legislative Decision-Making, Reshma M. Saujani
Michigan Journal of Race and Law
This Article argues that the Court will not fulfill the promise of the Equal Protection Clause unless the Court adapts its vision of antidiscrimination to account for the complex nature of discrimination. Imagine that we could measure unconscious discrimination. If so, then we could broaden the concept of purposeful discrimination to include the measurement of a legislator's reliance on unconscious racial stereotypes. Such a measuring device may already exist: The Implicit Association Test (IAT), a computer-based test developed by Yale and University of Washington psychologists. Researchers do not yet know how well the IAT can uncover racial stereotypes; however, if …
Freedom Of Discrimination?:The Conflict Between Public Accommodations' Freedom Association And State Anti-Discrimination Laws, 37 J. Marshall L. Rev. 125 (2003), Gregory J. Wartman
Freedom Of Discrimination?:The Conflict Between Public Accommodations' Freedom Association And State Anti-Discrimination Laws, 37 J. Marshall L. Rev. 125 (2003), Gregory J. Wartman
UIC Law Review
No abstract provided.
Caseload Burdens And Jurisdictional Limitations: Some Observations From The History Of The Federal Courts, Edward A. Purcell Jr.
Caseload Burdens And Jurisdictional Limitations: Some Observations From The History Of The Federal Courts, Edward A. Purcell Jr.
NYLS Law Review
No abstract provided.
Jon O. Newman And The Abortion Decisions: A Remarkable First Year, Andrew D. Hurwitz
Jon O. Newman And The Abortion Decisions: A Remarkable First Year, Andrew D. Hurwitz
NYLS Law Review
No abstract provided.
A Parent's Rights Under The Fourteenth Amendment: Does Kentucky's De Facto Custodian Statute Violate Due Process?, Elizabeth Ashley Bruce
A Parent's Rights Under The Fourteenth Amendment: Does Kentucky's De Facto Custodian Statute Violate Due Process?, Elizabeth Ashley Bruce
Kentucky Law Journal
No abstract provided.