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Fourteenth Amendment Commons

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Articles 1 - 7 of 7

Full-Text Articles in Fourteenth Amendment

Associations And The Constitution: Four Questions About Four Freedoms, Nelson Tebbe Sep 2017

Associations And The Constitution: Four Questions About Four Freedoms, Nelson Tebbe

Nelson Tebbe

No abstract provided.


Qualified Immunity: 1983 Litigation In The Public Employment Context, Erwin Chemerinsky Jun 2017

Qualified Immunity: 1983 Litigation In The Public Employment Context, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Look Back At The Rehnquist Era And An Overview Of The 2004 Supreme Court Term, Erwin Chemerinsky Jun 2017

Look Back At The Rehnquist Era And An Overview Of The 2004 Supreme Court Term, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


A Post-Race Equal Protection?, Trina Jones, Mario L. Barnes, Erwin Chemerinsky Jun 2017

A Post-Race Equal Protection?, Trina Jones, Mario L. Barnes, Erwin Chemerinsky

Erwin Chemerinsky

Most vividly demonstrated in the 2008 election of the first African-American President of the United States, post-race is a term that has been widely used to characterize a belief in the declining significance of race in the United States. Post-racialists, then, believe that racial discrimination is rare and aberrant behavior as evidenced by America’s pronounced racial progress. One practical consequence of a commitment to post-racialism is the belief that governments - both state and federal - should not consider race in their decision making. One might imagine that the recent explosion in post-racial discourse also portends a revised understanding of …


Washington V. Glucksberg Was Tragically Wrong, Erwin Chemerinsky Jun 2017

Washington V. Glucksberg Was Tragically Wrong, Erwin Chemerinsky

Erwin Chemerinsky

Properly focused, there were two questions before the Supreme Court in Washington v. Glucksberg. First, in light of all of the other non-textual rights protected by the Supreme Court under the "liberty" of the Due Process Clause, is the right to assisted death a fundamental right? Second, if so, is the prohibition of assisted death necessary to achieve a compelling interest? Presented in this way, it is clear that the Court erred in Washington v. Glucksberg. The right of a terminally ill person to end his or her life is an essential aspect of autonomy, comparable to aspects of autonomy …


Grasping Fatherhood In Abortion And Adoption.Pdf, Malinda L. Seymore Dec 2016

Grasping Fatherhood In Abortion And Adoption.Pdf, Malinda L. Seymore

Malinda L. Seymore

Biology makes a mother, but it does not make a father.  While a mother is a legal parent by reason of her biological relationship with her child, a father is not a legal parent unless he takes affirmative steps to grasp fatherhood.  Being married to the mother at the time of conception or at the time of birth is one of those affirmative steps. But if he is not married to the mother, he must do far more before he will be legally recognized as a father. Biology is often presented as a sufficient reason for this dichotomy – it …


American Equal Protection And Global Convergence, Holning Lau, Hillary Li Dec 2016

American Equal Protection And Global Convergence, Holning Lau, Hillary Li

Holning Lau

Commentators have noted that equal protection doctrine is in a state of transformation. The nature of that transformation, however, is poorly understood. This Article offers a clearer view of the change underway. This Article is the first to reveal and synthesize three major trajectories along which the U.S. Supreme Court has begun to move. First, the Court has begun to blur the line that it previously drew between facial discrimination and disparate impact. Second, the Court has begun to collapse its previously established tiered standards for reviewing discrimination. These two trajectories combine to produce a third trajectory of change: by …