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- Fourteenth Amendment (7)
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Articles 1 - 19 of 19
Full-Text Articles in Fourteenth Amendment
Bell V. Wolfish, Lewis F. Powell, Jr.
Ambach V. Norwick, Lewis F. Powell Jr.
Scott V. Illinois, Lewis F. Powell Jr.
Child Support: The Double Standard, Karen Colby Weiner
Child Support: The Double Standard, Karen Colby Weiner
Florida State University Law Review
No abstract provided.
The Implications Of "Resegregation" For Judicially Imposed School Segregation Remedies, Charles T. Clotfelter
The Implications Of "Resegregation" For Judicially Imposed School Segregation Remedies, Charles T. Clotfelter
Vanderbilt Law Review
This Article examines the implications of changing racial patterns--particularly those tending to resegregate schools--as they bear on the formulation of judicial remedies for school segregation. The Article considers both the effect of changing residential racial patterns upon racial patterns in schools and the effect of school desegregation upon the level of white enrollment. A third question that also may be relevant in this connection concerns the extent to which the possible existence of such resegregation constitutes a legitimate consideration in school desegregation cases. For example,fourteenth amendment requirements may render white flight a wholly irrelevant factor in some desegregation cases. This …
Recent Cases, James S. Hutchinson, James R. Newson, Iii, Andrew W. Byrd, Judith Mi. Janssen, John E. Tavss
Recent Cases, James S. Hutchinson, James R. Newson, Iii, Andrew W. Byrd, Judith Mi. Janssen, John E. Tavss
Vanderbilt Law Review
Civil Procedure--Attorney-Client Privilege-- Privilege Protects Communications Made by Corporate Employee To Secure Legal Advice and a Matter Committed to a Professional Legal Advisor Is Prima Facie Committed To Secure Legal Advice
James S. Hutchinson
attorney-client privilege, the "predominance" test, legal activities
In summary, courts have not yet resolved how to determine who may qualify as the corporate client for purposes of the attorney-client privilege...
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Constitutional Law-- Confrontation Clause-Admission at Trial of Slain Informant's
Prior Grand Jury Testimony Against Defendants Does …
Equal Protection: A Closer Look At Closer Scrutiny, Michigan Law Review
Equal Protection: A Closer Look At Closer Scrutiny, Michigan Law Review
Michigan Law Review
This Note proposes to restore means-end analysis to legal respectability through a comprehensive integrated approach to purpose, misfit, and balancing. The search for a rational basis is meaningless if there are no constraints on the kind of purpose which may justify a classification. Therefore, this Note initially explores ways in which a court can more rigorously scrutinize statutory purpose. The next significant question is how a court should evaluate the degree of coincidence between the class picked out by the law and the class which would be picked out if the law were to achieve its goals. Such "misfit" analysis …
Ix. Habeas Corpus And Prisoners' Rights
Ix. Habeas Corpus And Prisoners' Rights
Washington and Lee Law Review
No abstract provided.
Racial Vote Dilution In Multimember Districts: The Constitutional Standard After Washington V. Davis, Michigan Law Review
Racial Vote Dilution In Multimember Districts: The Constitutional Standard After Washington V. Davis, Michigan Law Review
Michigan Law Review
This Note argues that the effect-oriented standard for multimember-district vote-dilution claims is unaffected by the Washington intent requirement. Part I outlines the manner in which multimember districts can dilute minority voting strength. After summarizing Washington's intent requirement, Part II surveys the post-Washington vote dilution cases and demonstrates that the applicability of the intent standard to vote dilution claims is uncertain. Part III first suggests two ways in which White and Washington may be reconciled. That section then argues that White is unaffected by the intent requirement because the standard for vote dilution fits within a fundamental interest analysis …
Bradwell V. State: Some Reflections Prompted By Myra Bradwell's Hard Case That Made "Bad Law", Charles E. Corker
Bradwell V. State: Some Reflections Prompted By Myra Bradwell's Hard Case That Made "Bad Law", Charles E. Corker
Washington Law Review
Bradwell and Slaughter-House deserve study together for a second reason. These two decisions provide useful lessons for our time about the Equal Rights Amendment (ERA).10 They demonstrate that the consequences of a constitutional amendment—particularly one written in abstract and grand terms like the fourteenth amendment or the ERA—are unpredictable and dependent upon imponderables such as the sequence of cases on the Court's calendar.
Procedural Due Process And The Rules Of Evidence—Federal Impeachment Of The Voucher Rules—Welcome V. Vincent, 549 F.2d 853 (2d Cir.), Cert. Denied, 97 S. Ct. 2960 (1977), Bruce D. Garrison
Procedural Due Process And The Rules Of Evidence—Federal Impeachment Of The Voucher Rules—Welcome V. Vincent, 549 F.2d 853 (2d Cir.), Cert. Denied, 97 S. Ct. 2960 (1977), Bruce D. Garrison
Washington Law Review
Appellant, Ernest Welcome, was convicted in a New York state supreme court on charges of murdering two real estate brokers in their Bronx office. Before indicting Welcome, the State tried another party, Albert Cunningham, for the same offenses. Cunningham had admitted his participation in the crimes to police, giving an accurate account of the date, time, and location of the shootings. After a separate evidentiary hearing, the state court held that his confession to police had been voluntary and thus was admissible against him. Nevertheless, the charges against Cunningham were dropped in mid-trial. At his trial, Welcome called Cunningham as …
Spooner V. Askew, 345 So. 2d 1055 (Fla. 1976), Charles A. Johnson
Spooner V. Askew, 345 So. 2d 1055 (Fla. 1976), Charles A. Johnson
Florida State University Law Review
Ad Valorem Taxation- RATIFICATION OF FLORIDA'S AD VALOREM TAX STRUCTURE: REJECTION OF AN EQUAL PROTECTION CHALLENGE.
The Constitution Goes To Harvard, Henry Paul Monaghan
The Constitution Goes To Harvard, Henry Paul Monaghan
Faculty Scholarship
Doctrinal disorder haunts a generation of Supreme Court decisions construing and applying the strands of the fourteenth amendment. But in a confusion contest between the Court and academic writers on constitutional law, picking a winner would be no simple task. Those of us in the academy, despite our comparatively ample time for reflection, have long resisted discussion of fundamental issues.
Professors Tribe and Michelman, two of our ablest writers, illustrate my point in their provocative recent essays on National League of Cities v. Usery. Neither purports to erect more adequate scaffolding for the decision's federalism foundation. Rather, each attempts …
Applying Stone V. Powell: Full And Fair Litigation Of A Fourth Amendment Habeas Corpus Claim
Applying Stone V. Powell: Full And Fair Litigation Of A Fourth Amendment Habeas Corpus Claim
Washington and Lee Law Review
No abstract provided.
The Demise Of Procedural Protections In Laywitness Identifications In Federal Court: Who Is The Culprit?, John F. Decker, Richard J. Moriarty, Edward Albert
The Demise Of Procedural Protections In Laywitness Identifications In Federal Court: Who Is The Culprit?, John F. Decker, Richard J. Moriarty, Edward Albert
Loyola University Chicago Law Journal
No abstract provided.
Bakke Revisited - What The Court's Decision Means - And Doesn't Mean, Douglas D. Scherer
Bakke Revisited - What The Court's Decision Means - And Doesn't Mean, Douglas D. Scherer
Scholarly Works
No abstract provided.
A Due Process Dilemma: Pretrial Detention In Juvenile Delinquincy Proceedings, 11 J. Marshall J. Of Prac. & Proc. 513 (1978), Peter A. Shamburek
A Due Process Dilemma: Pretrial Detention In Juvenile Delinquincy Proceedings, 11 J. Marshall J. Of Prac. & Proc. 513 (1978), Peter A. Shamburek
UIC Law Review
No abstract provided.
Is The Exclusionary Rule An 'Illogical' Or 'Unnatural' Interpretation Of The Fourth Amendment?, Yale Kamisar
Is The Exclusionary Rule An 'Illogical' Or 'Unnatural' Interpretation Of The Fourth Amendment?, Yale Kamisar
Articles
More than 50 years have passed since the Supreme Court decided the Weeks case, barring the use in federal prosecutions of evidence obtained in violation of the Fourth Amendment, and the Silverthorne case, invoking what has come to be known as the "fruit of the poisonous tree" doctrine. The justices who decided those cases would, I think, be quite surprised to learn that some day the value of the exclusionary rule would be measured by-and the very life of the rule might depend on-an empirical evaluation of its efficacy in deterring police misconduct. These justices were engaged in a less …
Village Of Arlington Heights V. Metropolitan Housing Development Corp., 97 S. Ct. 555 (1977), Karen K. Kinkennon
Village Of Arlington Heights V. Metropolitan Housing Development Corp., 97 S. Ct. 555 (1977), Karen K. Kinkennon
Florida State University Law Review
Zoning- DISCRIMINATORY INTENT MUST BE PROVED BEFORE COURTS MAY REACH FOURTEENTH AMENDMENT EQUAL PROTECTION ISSUES.