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The Dangerous Right To Food Choice, Samuel R. Wiseman 2015 Seattle University School of Law

The Dangerous Right To Food Choice, Samuel R. Wiseman

Seattle University Law Review

Scholars, advocates, and interest groups have grown increasingly concerned with the ways in which government regulations—from agricultural subsidies to food safety regulations to licensing restrictions on food trucks—affect access to local food. One argument emerging from the interest in recent years is that choosing what foods to eat, what I have previously called “liberty of palate,” is a fundamental right. The attraction is obvious: infringements of fundamental rights trigger strict scrutiny, which few statutes survive. As argued elsewhere, the doctrinal case for the existence of such a right is very weak. This Essay does not revisit those arguments ...


Intestacy Concerns For Same-Sex Couples: How Variations In State Law And Policy Affect Testimentary Wishes, Megan Moser 2015 Seattle University School of Law

Intestacy Concerns For Same-Sex Couples: How Variations In State Law And Policy Affect Testimentary Wishes, Megan Moser

Seattle University Law Review

As the number of same-sex couples increases in the United States, concerns regarding the evolution of federal and state law, with respect to rights for same-sex couples, also continue to rise. As marriage is not always available to same-sex couples, they often face very different legal issues than couples in a traditional marriage. Because marriage is typically not a legal cause of action, the question of a marriage’s validity often arises incidentally to another legal question, such as the disposition of a decedent’s estate.


Justice Kennedy's Decision In Obergefell: A Sad Day For The Judiciary, Adam Lamparello 2015 Indiana Tech Law School

Justice Kennedy's Decision In Obergefell: A Sad Day For The Judiciary, Adam Lamparello

Adam Lamparello

Same-sex couples have a constitutional right to marriage under the Equal Protection Clause, not under Justice Kennedy’s self-serving and ever-changing definition of liberty. The long-term impact of Kennedy’s decision will be to the Court’s institutional legitimacy. Chief Justice Roberts emphasized that the legitimacy of this Court ultimately rests “upon the respect accorded to its judgments,” which is based on the perception—and reality—that we exercise humility and restraint in deciding cases according to the Constitution and law.” Justice Kennedy’s decision eschewed these values, giving the Court the power to discover “new dimensions of freedom,” and ...


A Call For An Overhaul Of The U.S. Federal Court System, Huhnkie Lee 2015 SelectedWorks

A Call For An Overhaul Of The U.S. Federal Court System, Huhnkie Lee

Huhnkie Lee

No abstract provided.


Historically Unappealing: Boumediene V. Bush, Appellate Avoidance Mechanisms, And Black Holes Extending Beyond Guantanamo Bay, Dennis Schmelzer 2015 College of William & Mary Law School

Historically Unappealing: Boumediene V. Bush, Appellate Avoidance Mechanisms, And Black Holes Extending Beyond Guantanamo Bay, Dennis Schmelzer

William & Mary Bill of Rights Journal

No abstract provided.


From Reynolds To Lawrence To Brown V. Buhman: Antipolygamy Statutes Sliding On The Slippery Slope Of Same-Sex Marriage, Stephen L. Baskind 2015 Univerisity of Texas at Arlington

From Reynolds To Lawrence To Brown V. Buhman: Antipolygamy Statutes Sliding On The Slippery Slope Of Same-Sex Marriage, Stephen L. Baskind

Stephen L Baskind

In 2003 in Lawrence v. Texas (striking Texas’ sodomy law), Justice Scalia predicted in his dissent the end of all morals legislation. If Justice Scalia is correct most, if not all, morals-based legislation may fall. For example, in recent years state laws prohibiting same-sex marriage have fallen to constitutional challenges. Ten years after Lawrence in 2013, a Utah Federal District Court in Brown v. Buhman, though feeling constrained by the 1878 Reynolds case (which rejected a First Amendment challenge to an antipolygamy law), nevertheless at the request of a polygamous family concluded that the cohabitation prong of Utah’s anti-bigamy ...


The Right To Vote Of Non-Resident Citizens: A Comparative Study Of The Federal Republic Of Germany And The United States Of America, Robert Dilworth, Frank Montag 2015 University of Georgia School of Law

The Right To Vote Of Non-Resident Citizens: A Comparative Study Of The Federal Republic Of Germany And The United States Of America, Robert Dilworth, Frank Montag

Georgia Journal of International & Comparative Law

No abstract provided.


Court Of Appeals Of New York, People V. Brown, Melanie Hendry 2015 Touro College Jacob D. Fuchsberg Law Center

Court Of Appeals Of New York, People V. Brown, Melanie Hendry

Touro Law Review

No abstract provided.


Appellate Division, Fourth Department, People V. Allen, Joaquin Orellana 2015 Touro College Jacob D. Fuchsberg Law Center

Appellate Division, Fourth Department, People V. Allen, Joaquin Orellana

Touro Law Review

No abstract provided.


The Hypocrisy Of "Equal But Separate" In The Courtroom: A Lens For The Civil Rights Era, Jaimie K. McFarlin 2015 Harvard University

The Hypocrisy Of "Equal But Separate" In The Courtroom: A Lens For The Civil Rights Era, Jaimie K. Mcfarlin

Jaimie K. McFarlin

This article serves to examine the role of the courthouse during the Jim Crow Era and the early stages of the Civil Rights Movement, as courthouses fulfilled their dual function of minstreling Plessy’s call for “equality under the law” and orchestrating overt segregation.


Twelve Angry Hours: Improving Domestic Violence Holds In Tennessee Without Risk Of Violating The Constitution, Daniel A. Horwitz 2015 SelectedWorks

Twelve Angry Hours: Improving Domestic Violence Holds In Tennessee Without Risk Of Violating The Constitution, Daniel A. Horwitz

Daniel A. Horwitz

Tennessee law currently provides that individuals who have been arrested for certain domestic violence offenses “shall not be released within twelve (12) hours of arrest if the magistrate or other official duly authorized to release the offender finds that the offender is a threat to the alleged victim.” However, Tennessee law also provides for an exception to this “12-hour hold” requirement that permits judges to release domestic violence arrestees before twelve hours have elapsed “if the official determines that sufficient time has or will have elapsed for the victim to be protected.”

Following an especially high-profile incident of domestic violence ...


Fundamental Unenumerated Rights Under The Ninth Amendment And Privileges Or Immunities Clause, Adam Lamparello 2015 Indiana Tech Law School

Fundamental Unenumerated Rights Under The Ninth Amendment And Privileges Or Immunities Clause, Adam Lamparello

Adam Lamparello

The failure to link the Ninth Amendment and Privileges or Immunities Clause for the purpose of creating unenumerated fundamental rights has been a persistent but rarely discussed aspect of the Court’s jurisprudence. That should change. There need not be an ongoing tension between the Court’s counter-majoritarian role and the authority of states to govern through the democratic process. If the Constitution’s text gives the Court a solid foundation upon which to recognize new rights and thereby create a more just society, then the exercise of that power is fundamentally democratic. The Ninth Amendment and Privileges or Immunities ...


Person, State Or Not: The Place Of Business Corporations In Our Constitutional Order, Daniel J.H. Greenwood 2015 Hofstra University, Deane School of Law

Person, State Or Not: The Place Of Business Corporations In Our Constitutional Order, Daniel J.H. Greenwood

Daniel J.H. Greenwood

Business corporations are critical institutions in our democratic republican market-based economic order. The United States Constitution, however, is completely silent as to their status in our system. The Supreme Court has filled this silence by repeatedly granting corporations rights against the citizenry and its elected representatives.

Instead, we ought to view business corporations, like municipal corporations, as governance structures created by We the People to promote our general Welfare. On this social contract view, corporations should have the constitutional rights specified in the text: none. Instead, we should be debating which rights of citizens against governmental agencies should also apply ...


Dying In Original Sin Vis-À-Vis Living In Disgrace—In Defense Of The Right To Socio-Eugenic Abortion As Personal Liberty, JAYADEVAN V. R. DR. 2015 The National University of Advanced Legal Studies, Kochi, Kerala, India

Dying In Original Sin Vis-À-Vis Living In Disgrace—In Defense Of The Right To Socio-Eugenic Abortion As Personal Liberty, Jayadevan V. R. Dr.

Hamline Law Review

Abstract


Justice-As-Fairness As Judicial Guiding Principle: Remembering John Rawls And The Warren Court, Michael Anthony Lawrence 2015 Michigan State University College of Law

Justice-As-Fairness As Judicial Guiding Principle: Remembering John Rawls And The Warren Court, Michael Anthony Lawrence

Michael Anthony Lawrence

This Article looks back to the United States Supreme Court’s jurisprudence during the years 1953-1969 when Earl Warren served as Chief Justice, a period marked by numerous landmark rulings in the areas of racial justice, criminal procedure, reproductive autonomy, First Amendment freedom of speech, association and religion, voting rights, and more. The Article further discusses the constitutional bases for the Warren Court’s decisions, principally the Fourteenth Amendment equal protection and due process clauses.

The Article explains that the Warren Court’s equity-based jurisprudence closely resembles, at its root, the “justice-as-fairness” approach promoted in John Rawls’s monumental 1971 ...


(Un)Equal Protection: Why Gender Equality Depends On Discrimination, Keith Cunningham-Parmeter 2015 Northwestern University School of Law

(Un)Equal Protection: Why Gender Equality Depends On Discrimination, Keith Cunningham-Parmeter

Northwestern University Law Review

Most accounts of the Supreme Court’s equal protection jurisprudence describe the Court’s firm opposition to sex discrimination. But while the Court famously invalidated several sex-based laws at the end of the twentieth century, it also issued many other, less-celebrated decisions that sanctioned sex-specific classifications in some circumstances. Examining these long-ignored cases that approved of sex discrimination, this Article explains how the Court’s rulings in this area have often rejected the principle of formal equality in favor of broader antisubordination concerns. Outlining a new model of equal protection that authorizes certain forms of sex discrimination, (Un)Equal Protection ...


Once We’Re Done Honeymooning: Marriage Equality, Incrementalism, And Advances For Sexual Orientation Antidiscrimination, Jeremiah A. Ho 2015 University of Massachusetts School of Law

Once We’Re Done Honeymooning: Marriage Equality, Incrementalism, And Advances For Sexual Orientation Antidiscrimination, Jeremiah A. Ho

Jeremiah A Ho

Once We’re Done Honeymooning: Marriage Equality, Incrementalism, and Advances for Sexual Orientation Antidiscrimination

Abstract

Following the Supreme Court’s decision in U.S. v. Windsor, each recent victory in the federal courts has evidenced that the legal recognition of same-sex marriages in the U.S. is becoming increasingly secure. Yet, can marriage equality be the last stop in the pro-LGBT movement, or should we expect sexual minorities to advance in other legal arenas? Should we expect that the recent strides in marriage equality can somehow leverage broader protections of LGBT individuals beyond their marital relationships?

This article begins from ...


Walden V. Fiore And The Federal Courts: Rethinking Frcp 4(K)(1)(A) And Stafford V. Briggs, Daniel M. Klerman 2015 USC Law School

Walden V. Fiore And The Federal Courts: Rethinking Frcp 4(K)(1)(A) And Stafford V. Briggs, Daniel M. Klerman

University of Southern California Legal Studies Working Paper Series

If it were not so common, the reasoning in Walden v. Fiore would seem bizarre: the jurisdiction of a federal court over a federal claim against a federal agent depends on how much power the constitution allows the state of Nevada. This strange result is, of course, the result of FRCP 4(k)(1)(A), which, in most cases, makes the jurisdiction of a federal district court co-extensive with the jurisdiction of a state court of general jurisdiction in the same district. Less obviously, the outcome in Walden v. Fiore reflects Stafford v. Briggs, which, contrary to the plain language ...


Following Fisher: Narrowly Tailoring Affirmative Action, Eang L. Ngov 2015 The Catholic University of America, Columbus School of Law

Following Fisher: Narrowly Tailoring Affirmative Action, Eang L. Ngov

Catholic University Law Review

Affirmative action has been at the forefront of educational policies and to this day continues to enliven debates. For decades, schools have litigated over whether affirmative action can be used to create a diverse student body. Now, the litigation has shifted to whether affirmative action policies are narrowly tailored. The Supreme Court’s most recent affirmative action case, Fisher v. University of Texas at Austin, requires that schools prove that there are no workable race neutral alternatives in order to demonstrate that their affirmative action programs are narrowly tailored. This article examines the available race neutral alternatives: percentage plans; socioeconomic ...


Abolish Anonymous Reporting To Child Abuse Hotlines, Dale Margolin Cecka 2015 The Catholic University of America, Columbus School of Law

Abolish Anonymous Reporting To Child Abuse Hotlines, Dale Margolin Cecka

Catholic University Law Review

All states allow the public to anonymously report suspicions of child abuse or neglect to a toll free central phone number. An extensive examination of the policy and practices behind anonymous reporting hotlines indicates that they are widely unregulated and susceptible to abuse. The possible repercussions of an anonymous phone call create costs to the family and society which do not outweigh the potential benefit of allowing anonymous public reports. Under the guise of protecting children, the law has developed in such a way that it infringes on the fundamental rights of parents and children. At the same time, anonymous ...


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