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

Fourteenth Amendment Commons

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

2,487 Full-Text Articles 1,937 Authors 1,245,620 Downloads 119 Institutions

All Articles in Fourteenth Amendment

Faceted Search

2,487 full-text articles. Page 1 of 59.

Municipal Reparations: Considerations And Constitutionality, Brooke Simone 2021 University of Michigan Law School

Municipal Reparations: Considerations And Constitutionality, Brooke Simone

Michigan Law Review

Demands for racial justice are resounding, and in turn, various localities have considered issuing reparations to Black residents. Municipalities may be effective venues in the struggle for reparations, but they face a variety of questions when crafting legislation. This Note walks through key considerations using proposed and enacted reparations plans as examples. It then presents a hypothetical city resolution addressing Philadelphia’s discriminatory police practices. Next, it turns to a constitutional analysis of reparations policies under current Fourteenth Amendment jurisprudence, discussing both race-neutral and race-conscious plans. This Note argues that an antisubordination understanding of the Equal Protection Clause would better ...


Reifying Anderson-Burdick: Voter Protection In The Time Of Pandemic And Beyond, Keeley Gogul 2021 University of Cincinnati College of Law

Reifying Anderson-Burdick: Voter Protection In The Time Of Pandemic And Beyond, Keeley Gogul

University of Cincinnati Law Review

No abstract provided.


Police Or Pirates? Reforming Washington's Civil Asset Forfeiture System, Jasmin Chigbrow 2021 University of Washington School of Law

Police Or Pirates? Reforming Washington's Civil Asset Forfeiture System, Jasmin Chigbrow

Washington Law Review

Civil asset forfeiture laws permit police officers to seize property they suspect is connected to criminal activity and sell or retain the property for the police department’s use. In many states, including Washington, civil forfeiture occurs independent of any criminal case—many property owners are never charged with the offense police allege occurred. Because the government is not required to file criminal charges, property owners facing civil forfeiture lack the constitutional safeguards normally guaranteed to defendants in the criminal justice system: the right to an attorney, the presumption of innocence, the government’s burden to prove its case beyond ...


Police Using Photoshop To Alter A Suspect's Photo In Lineup And Courts Allowing It: Does It Violate Due Process?, Molly Eyerman 2021 Catholic University of America (Student)

Police Using Photoshop To Alter A Suspect's Photo In Lineup And Courts Allowing It: Does It Violate Due Process?, Molly Eyerman

Catholic University Law Review

Eyewitness identification remains one of the most popular pieces of evidence in criminal trials despite the decades of research supporting this evidence unreliability. In August 2019, the federal case United State v. Allen became nationwide news when it was revealed that police used Photoshop to remove Allen’s facial tattoo before using the altered-photo in a photo array. None of the eyewitnesses described the culprit as having a facial tattoo, though they identified Allen from the array. Allen is not the only case to have police use Photoshop to edit photos used in arrays. This has been a common practice ...


Avoiding The Question: The Court's Decision To Leave The Insanity Defense In State Hands In Kahler V. Kansas, Elissa Crowder 2021 Pepperdine University

Avoiding The Question: The Court's Decision To Leave The Insanity Defense In State Hands In Kahler V. Kansas, Elissa Crowder

Pepperdine Law Review

This Note will further investigate how the Court reached the correct holding that Kansas's statute does not violate the Due Process Clause. Part II gives historical background of the evolution of the insanity defense and its varied application. Part III recounts Kahler's story and the procedural history leading up to this opinion. Part IV analyzes how the majority reached its conclusion and the counterarguments presented by the dissent. Part V concludes by acknowledging this case will add to state freedom in formulating insanity defenses, but that its actual impact is uncertain because the Court avoided answering whether states ...


Gavin Grimm Triumphs In Battle With Virginia School Board, Arthur S. Leonard 2021 New York Law School

Gavin Grimm Triumphs In Battle With Virginia School Board, Arthur S. Leonard

Other Publications

No abstract provided.


Shelter From The Storm: Human Rights Protections For Single-Mother Families In The Time Of Covid-19, Theresa Glennon, Alexis Fennell, Kaylin Hawkins, Madison McNulty 2021 William & Mary Law School

Shelter From The Storm: Human Rights Protections For Single-Mother Families In The Time Of Covid-19, Theresa Glennon, Alexis Fennell, Kaylin Hawkins, Madison Mcnulty

William & Mary Journal of Race, Gender, and Social Justice

COVID-19’s arrival, and the changes it has unleashed, reveal how longstanding legal and policy decisions produced structural inequalities that have left so many families, and especially single-parent families with children, all too insecure. The fragility of single-mother families is amplified by the multifaceted discrimination they face. While all single parents, including single fathers and other single relatives who are raising children, share many of these burdens, this Article focuses on the challenges confronting single mothers.

Federal policy choices stand in sharp contrast to the political rhetoric of government support for families. Social and economic policy in the twentieth century ...


A Government Of Laws That Is A Government Of Men And Women, Mark Tushnet 2021 Harvard University

A Government Of Laws That Is A Government Of Men And Women, Mark Tushnet

Arkansas Law Review

I take Mark Killenbeck’s “provocative” article as an occasion for some informal comments about what Korematsu and Trump v. Hawaii tell us about the saying, “a government of laws, not a government of men and women.” My basic thought is that the “not” in the saying has to be replaced “but also.” And, in some sense we have always had to have known that the saying was wrong as stated. Whatever the laws are, they don’t make themselves. Nor do they administer themselves, nor interpret themselves. Men and women appear at the stages of enactment, application, and adjudication ...


A Proper Burial, Robert L. Tsai 2021 Boston University

A Proper Burial, Robert L. Tsai

Arkansas Law Review

In his article, Professor Mark Killenbeck defends both Korematsu v. United States and Trump v. Hawaii on their own terms, albeit on narrow grounds. He goes on to conclude that comparisons of the two decisions don’t hold up. Killenbeck has authored a thoughtful and contrarian paper, but I’m not sold. In my view, Korematsu simply isn’t worth saving; in fact, a more complete repudiation of the internment decisions is overdue. Trump v. Hawaii, too, must also be revisited at the earliest opportunity and its more alarming features that abet presidential discrimination against non-citizens rejected. Moreover, I believe ...


Tainted Precedent, Darrell A.H. Miller 2021 Duke University

Tainted Precedent, Darrell A.H. Miller

Arkansas Law Review

We have a common law system of constitutional adjudication, at least in the sense that constitutional practice in the United States relies on prior rulings rather than reasoning from first principles in each case. If there’s controlling precedent on point, it’s binding. Neither “inferior courts” in the federal system, nor state courts adjudicating federal law, are permitted to start anew with the “original public meaning” of the First Amendment or pronounce a fresh Dworkinian “moral reading” of the Fourth. Even the highest court in the land, the Supreme Court of the United States, for reasons of reputation, stability ...


There Was Nothing "Neutral" About Executive Order 9066, Eric L. Muller 2021 University of North Carolina

There Was Nothing "Neutral" About Executive Order 9066, Eric L. Muller

Arkansas Law Review

There is no more appropriate place to discuss the Japanese American cases of World War II than in the pages of the Arkansas Law Review. This is not only because Arkansas was the only state outside the Western Defense Command to host not one but two of the War Relocation Authority’s (WRA) concentration camps for Japanese Americans. It is because one of the most important lawyers to oversee the development and administration of all the WRA camps was the dean under whose leadership this law review was founded: Robert A. Leflar. Leflar’s is not a name that constitutional ...


Korematsu, Hawaii, And Pedagogy, Sanford Levinson 2021 University of Texas at Austin

Korematsu, Hawaii, And Pedagogy, Sanford Levinson

Arkansas Law Review

I begin with some reflections on my own career in teaching—or, perhaps, attempting to teach—American constitutional law to generations of students from 1975 to the present. Or, more accurately, until about three years ago, when I taught introductory constitutional law for the last time. I am quite happy to no longer be teaching that course, whatever joys it did provide me in the past, for a very simple reason: I became more and more frustrated by the demands of coverage, i.e., the duty to take up a variety of topics—including attendant cases and collateral materials—and ...


Korematsu As The Tribute That Vice Pays To Virtue, Jack M. Balkin 2021 Yale University

Korematsu As The Tribute That Vice Pays To Virtue, Jack M. Balkin

Arkansas Law Review

Mark Killenbeck wants to (partially) rehabilitate the reputation of one of the Supreme Court’s most despised legal decisions, Korematsu v. United States. He argues that “[w]e should accept and teach Korematsu as an exemplar of what thelaw regarding invidious discrimination on the basis of race, ethnicity, and national origin should be.” In both Korematsu (and Hirabayashi v. United States) the Court asserted that classifications based on race were subject to strict scrutiny. But “[t]he majority,” Killenbeck explains, “refused to heed their own mandate. In Hirabayashi they held that the government policy was ‘reasonable.’ In Korematsu, . . . they failed ...


Sober Second Thought? Korematsu Reconsidered, Mark R. Killenbeck 2021 University of Arkansas, Fayetteville

Sober Second Thought? Korematsu Reconsidered, Mark R. Killenbeck

Arkansas Law Review

How to best describe and treat Korematsu v. United States? A self-inflicted wound? It is certainly an exemplar of a case that in key respects tracks Justice Stephen Breyer’s caution about decisions that have “harm[ed] not just the Court, but the Nation.” Part of an “Anticanon,” resting on “little more than naked racism and associated hokum” and “embod[ying] a set of propositions that all legitimate constitutional decisions must be prepared to refute”? Perhaps. Or is it simply an opinion and result that “has long stood out as a stain that is almost universally recognized as a shameful ...


Symposium: Giving Korematsu V. United States A Sober Second Thought, Nick Bell, Emily Levy, Julian Sharp 2021 University of Arkansas, Fayetteville

Symposium: Giving Korematsu V. United States A Sober Second Thought, Nick Bell, Emily Levy, Julian Sharp

Arkansas Law Review

We are elated to present Professor Mark Killenbeck’s thought provoking article, Sober Second Thought? Korematsu Reconsidered. Killenbeck dives into the Korematsu opinion and its history with great care to determine whether it truly “has no place in law under the Constitution” as Chief Justice John Roberts declared in Trump v. Hawaii.1 While Korematsu’s result provides an understandable “impulse to condemn” it, Killenbeck shows us that focusing solely on the case’s result “stands apart from and in stark contrast to its most important place in the constitutional order: articulation of precepts and terminology that provide the foundations ...


An Absolute Deprivation Of Liberty: Why Indigents’ Wealth-Based Discrimination Claims Brought Under The Equal Protection Clause Should Be Subject To Intermediate Scrutiny, Athena Hernandez 2021 Golden Gate University School of Law

An Absolute Deprivation Of Liberty: Why Indigents’ Wealth-Based Discrimination Claims Brought Under The Equal Protection Clause Should Be Subject To Intermediate Scrutiny, Athena Hernandez

Golden Gate University Law Review

This Comment argues that wealth-based discrimination claims concerning pretrial detention of indigents should be analyzed under an Equal Protection framework and subjected to intermediate scrutiny. In order to provide an overview of the Supreme Court precedent established for these types of claims, Part I of this Comment will discuss the relevant and historic Supreme Court cases which have analyzed wealth-based incarceration claims in the United States. To further establish how Federal Courts have treated wealth-based incarceration Equal Protection claims, Part II will discuss the Fifth Circuit’s relevant opinions. Part III outlines the court’s decision in Walker, discussing how ...


“A Dollar Ain’T Much If You’Ve Got It”: Freeing Modern-Day Poll Taxes From Anderson-Burdick, Lydia Saltzbart 2021 Brooklyn Law School

“A Dollar Ain’T Much If You’Ve Got It”: Freeing Modern-Day Poll Taxes From Anderson-Burdick, Lydia Saltzbart

Journal of Law and Policy

How much should it cost to vote in the United States? The answer is clear from the Supreme Court’s landmark opinion in Harper v. Virginia State Board of Elections—nothing. Yet more than fifty years later, many U.S. voters must jump over financial hurdles to access the franchise. These hurdles have withstood judicial review because the Court has drifted away from Harper and has instead applied the more deferential Anderson-Burdick analysis to modern poll tax claims—requiring voters to demonstrate how severely the cost burdens them. As a result, direct and indirect financial burdens on the vote have ...


Medicate And Segregate: How Due Process Fails To Protect Mentally Ill Inmates From Medically Inappropriate Confinement And Restraint, Peter J. Teravskis 2021 University of Minnesota Law School

Medicate And Segregate: How Due Process Fails To Protect Mentally Ill Inmates From Medically Inappropriate Confinement And Restraint, Peter J. Teravskis

Minnesota Journal of Law, Science & Technology

No abstract provided.


Preclearance And Politics: The Future Of The Voting Rights Act, Paige E. Richardson 2021 University of Cincinnati College of Law

Preclearance And Politics: The Future Of The Voting Rights Act, Paige E. Richardson

University of Cincinnati Law Review

No abstract provided.


Tainted From Their Roots: The Fundamental Unfairness Of Depriving Foreign Nationals Of Counsel In Immigration Court, Jehanzeb Khan 2021 University of Cincinnati College of Law

Tainted From Their Roots: The Fundamental Unfairness Of Depriving Foreign Nationals Of Counsel In Immigration Court, Jehanzeb Khan

University of Cincinnati Law Review

No abstract provided.


Digital Commons powered by bepress