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

Fourteenth Amendment Commons

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

1,770 Full-Text Articles 1,381 Authors 459,879 Downloads 100 Institutions

All Articles in Fourteenth Amendment

Faceted Search

1,770 full-text articles. Page 4 of 45.

Constitution Day Lecture: Constitutional Law And Tort Law: Injury, Race, Gender, And Equal Protection, Jennifer B. Wriggins 2017 University of Maine School of Law

Constitution Day Lecture: Constitutional Law And Tort Law: Injury, Race, Gender, And Equal Protection, Jennifer B. Wriggins

Maine Law Review

The focus of today’s annual Constitution Day lecture at the University of Maine School of Law is on the Fourteenth Amendment and specifically how the Equal Protection Clause relates to tort law. First, I will talk about the Equal Protection Clause in general—what it says, and some of what it has been held to mean—particularly where government makes distinctions based on race and gender. Second, I will discuss two historical tort cases that violate equal protection on the basis of race. In doing so, I uncover the racial history of tort law that has been hidden in ...


Fisher V. University Of Texas At Austin: Navigating The Narrows Between Grutter And Parents Involved, Kimberly A. Pacelli 2017 University of Maine School of Law

Fisher V. University Of Texas At Austin: Navigating The Narrows Between Grutter And Parents Involved, Kimberly A. Pacelli

Maine Law Review

Universities’ use of race as a factor in their admissions decisions has been a divisive issue both in the legal system and in political discourse. Opponents of affirmative action have challenged racial preferences in public university admissions under the Equal Protection Clause of the Fourteenth Amendment. Individuals who find themselves denied a coveted seat in a university class and suspect that racial preferences are to blame will often challenge their rejection as a denial of their state’s “equal protection of the laws.” The United States Court of Appeals for the Fifth Circuit recently considered whether the University of Texas ...


Enough Is Enough: The Law Court's Decision To Functionally Raise The "Reasonable Connection" Relevancy Standard In State V. Mitchell, Robert P. Hayes 2017 University of Maine School of Law

Enough Is Enough: The Law Court's Decision To Functionally Raise The "Reasonable Connection" Relevancy Standard In State V. Mitchell, Robert P. Hayes

Maine Law Review

In State v. Mitchell, the Maine Supreme Judicial Court, sitting as the Law Court, affirmed a jury verdict finding Thomas Mitchell guilty of a 1983 murder. In doing so, the Law Court examined two issues: First, whether the trial court “abused its discretion in excluding evidence of an alternative suspect”; and second, whether the trial court’s decision to admit evidence stemming from an autopsy performed two decades before the trial violated the Confrontation Clause of the United States Constitution. In reaching the alternative suspect decision, the Law Court held that the evidence proffered by Mitchell did not establish a ...


Enforcement Dissonance: Lobsters, The Legislature, And Federal Waters In State V. Thomas, Christopher J. Rauscher 2017 University of Maine School of Law

Enforcement Dissonance: Lobsters, The Legislature, And Federal Waters In State V. Thomas, Christopher J. Rauscher

Maine Law Review

Consider the following: You, a Maine resident, and your friend, a Massachusetts resident, have gone for a weekend trout fishing trip to Acadia National Park in Downeast Maine. The two of you are happily catching trout, and then each of you hook a bass and reel it in. Keeping the bass is illegal under Maine law but not banned by the National Park. Along comes a Maine game warden, who spies the two of you and cites only you with a fine for catching and keeping the bass. The warden says nothing to the Massachusetts resident who continues to fish ...


God's Green Earth? The Environmental Impacts Of Religious Land Use, Kellen Zale 2017 University of Maine School of Law

God's Green Earth? The Environmental Impacts Of Religious Land Use, Kellen Zale

Maine Law Review

Boulder County, Colorado has been at the forefront of the environmental movement for decades. Starting with its citizens’ vote in 1967 to implement a tax specifically to preserve open space, the city has long been known for its progressive environmental policies. At the center of Boulder’s environmental protection efforts is a comprehensive system of land use regulations designed to mitigate the slow chokehold of ever-encroaching development on wetlands and open space, on groundwater and soils, and on wildlife and native species. Numerous communities across the country have followed Boulder’s much-praised model and enacted their own environmental zoning laws ...


"Sweet Childish Days": Using Developmental Psychology Research In Evaluating The Admissibility Of Out-Of-Court Statements By Young Children, Lynn McLain 2017 University of Maine School of Law

"Sweet Childish Days": Using Developmental Psychology Research In Evaluating The Admissibility Of Out-Of-Court Statements By Young Children, Lynn Mclain

Maine Law Review

Young children are frequently precluded from testifying at trial on the grounds of incompetency because they cannot answer questions about abstract concepts regarding “truth” and “lies.” In this situation, should the child’s earlier, out-of-court statements disclosing the abuse and identifying the abuser also be inadmissible? The stakes are huge. If young children cannot testify, and their out-of-court statements are precluded, they simply become safe prey, unprotected by the judicial system. The pivotal question becomes, are there procedures that can ensure fairness both to children and to their alleged abusers? This article argues that a child’s testimonial incapacity at ...


Justice Blackmun And Individual Rights, Diane P. Wood 2017 University of Chicago Law School

Justice Blackmun And Individual Rights, Diane P. Wood

Dickinson Law Review

Of the many contributions Justice Blackmun has made to American jurisprudence, surely his record in the area of individual rights stands out for its importance. Throughout his career on the Supreme Court, he has displayed concern for a wide variety of individual and civil rights. He has rendered decisions on matters ranging from the most personal interests in autonomy and freedom from interference from government in life’s private realms, to the increasingly complex problems posed by discrimination based upon race, sex, national origin, alienage, illegitimacy, sexual orientation, and other characteristics. As his views have become well known to the ...


Arming The Second Amendment - And Enforcing The Fourteenth, William Araiza 2017 Brooklyn Law School

Arming The Second Amendment - And Enforcing The Fourteenth, William Araiza

Faculty Scholarship

No abstract provided.


The Equal Rights Amendment: A Legal Assessment, Wilfred R. Caron 2017 St. John's University School of Law

The Equal Rights Amendment: A Legal Assessment, Wilfred R. Caron

The Catholic Lawyer

No abstract provided.


Abortion And The Conscience Of The Nation, Ronald Reagan 2017 St. John's University School of Law

Abortion And The Conscience Of The Nation, Ronald Reagan

The Catholic Lawyer

No abstract provided.


Humane Provisions For Aborted Human Remains, Patrick Monaghan 2017 St. John's University School of Law

Humane Provisions For Aborted Human Remains, Patrick Monaghan

The Catholic Lawyer

No abstract provided.


Human Life Federalism Amendment - I. Legal Aspects, Professor John S. Noonan, University of California 2017 St. John's University School of Law

Human Life Federalism Amendment - I. Legal Aspects, Professor John S. Noonan, University Of California

The Catholic Lawyer

No abstract provided.


Human Life Federalism Amendment - I. Legal Aspects, Dennis J. Horan, Esq. 2017 St. John's University School of Law

Human Life Federalism Amendment - I. Legal Aspects, Dennis J. Horan, Esq.

The Catholic Lawyer

No abstract provided.


Human Life Federalism Amendment - I. Legal Aspects, Wilfred R. Caron, General Counsel, United States Catholic Conference 2017 St. John's University School of Law

Human Life Federalism Amendment - I. Legal Aspects, Wilfred R. Caron, General Counsel, United States Catholic Conference

The Catholic Lawyer

No abstract provided.


The Loving Analogy: Race And The Early Same-Sex Marriage Debate, Samuel W D Walburn 2017 Purdue University

The Loving Analogy: Race And The Early Same-Sex Marriage Debate, Samuel W D Walburn

The Purdue Historian

In the early same-sex marriage debates advocates and opponents of marriage equality often relied upon comparing mixed-race marriage jurisprudence and the Loving v Virginia decision in order to conceptualize same-sex marriage cases. Liberal commentators relied upon the analogy between the Loving decision in order to carve out space for the protection of same-sex marriage rights. Conservative scholars, however, denounced the equal protection and due process claims that relied on the sameness of race and sexuality as inexact parallels. Finally, queer and black radicals called the goal of marriage equality into question by highlighting the white supremacist and heterosexist nature of ...


The Establishment Clause - The Expanding Definition Of Excessive Entanglement: Gilfillan V. City Of Philadelphia, Joseph J. Tesoriero 2017 St. John's University School of Law

The Establishment Clause - The Expanding Definition Of Excessive Entanglement: Gilfillan V. City Of Philadelphia, Joseph J. Tesoriero

The Catholic Lawyer

No abstract provided.


Associations And The Constitution: Four Questions About Four Freedoms, Nelson Tebbe 2017 Brooklyn Law School

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

Nelson Tebbe

No abstract provided.


Tinkering With Tinker: Applying A New Test To Peer On Peer Bullying In Social Media, January Turner 2017 University of Oklahoma College of Law

Tinkering With Tinker: Applying A New Test To Peer On Peer Bullying In Social Media, January Turner

Oklahoma Journal of Law and Technology

No abstract provided.


Luther V. Borden: A Taney Court Mystery Solved, Louise Weinberg 2017 University of Texas Law School

Luther V. Borden: A Taney Court Mystery Solved, Louise Weinberg

Pace Law Review

It has not been generally remarked that Chief Justice Taney wrote surprisingly few of the Taney Court’s major opinions—those cases that tend to be anthologized and remembered by generalists. Those major cases which Taney did write are consistently about slavery (or states’ rights or state powers, which in Taney’s mind may have amounted to the same thing). There is a notable exception: Luther v. Borden—a case about the Guarantee Clause. This raises a question. Setting aside his opinions on slavery or states’ rights, what could have moved the author of Dred Scott, by consensus the worst ...


Critical Abortion Litigation, Dennis J. Hoaran, Hinshaw, Culbertson, Hobon & Fuller Chicago, Illinois 2017 St. John's University School of Law

Critical Abortion Litigation, Dennis J. Hoaran, Hinshaw, Culbertson, Hobon & Fuller Chicago, Illinois

The Catholic Lawyer

No abstract provided.


Digital Commons powered by bepress