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Debate On Birthright Citizenship, John Eastman Dr., Ediberto Román 2011 Chapman University Fowler School of Law

Debate On Birthright Citizenship, John Eastman Dr., Ediberto Román

Faculty Publications

The following is the transcript from a debate between Dr. John Eastman and Professor Ediberto Roman, and moderated by Dean of the Florida International University College of Law, Alex Acosta. This debate took place on February 24-25, 2011 as a part of the FIU Law Review's Symposium on immigration reform in the United States. Specifically, this debate centers on the Fourteenth Amendment and birthright citizenship. Both Dr. Eastman and Professor Romdn were given ten minutes for their own remarks, beginning with Dr. Eastman. After the opening remarks, the debate goes into a brief back-and-forth between Dr. Eastman and Professor ...


Regulating Morality Through The Common Law And Exclusionary Zoning, George P. Smith II, Gregory P. Bailey 2011 The Catholic University of America, Columbus School of Law

Regulating Morality Through The Common Law And Exclusionary Zoning, George P. Smith Ii, Gregory P. Bailey

Scholarly Articles and Other Contributions

The extent to which a free society seeks to regulate sexual expression is problematic. What was defined as immoral or contra bonos mores in the 20th century, has become less of an issue in today’s liberal society. Freedom of sexual intimacy and expression are, to be sure, 1st Amendment and 14th Amendment rights. But, with every assertion of a fundamental right or liberty must come a concomitant understanding that there is a co-ordinate responsibility to exercise that right reasonably. Determining the reasonableness of any conduct grounded in these two amendments must be fact sensitive and guided by community standards ...


The Constitutional Right Not To Participate In Abortions: Roe, Casey, And The Fourteenth Amendment Rights Of Healthcare Providers, Mark L. Rienzi 2011 The Catholic University of America, Columbus School of Law

The Constitutional Right Not To Participate In Abortions: Roe, Casey, And The Fourteenth Amendment Rights Of Healthcare Providers, Mark L. Rienzi

Scholarly Articles and Other Contributions

The Fourteenth Amendment rights of various parties in the abortion context – the pregnant woman, the fetus, the fetus’ father, the state – have been discussed at length by commentators and the courts. Surprisingly, the Fourteenth Amendment rights of the healthcare provider asked to provide the abortion have not. Roe and Casey establish a pregnant woman’s Fourteenth Amendment right to decide for herself whether to have an abortion. Do those same precedents also protect her doctor’s right to decide whether to participate in abortion procedures?

The Court’s substantive due process analysis typically looks for rights that are “deeply rooted ...


Tango Or More - From California's Lesson 9 To The Constitutionality Of A Gay-Friendly Curriculum In Public Elementary Schools, Amy Lai 2011 Boston College Law School

Tango Or More - From California's Lesson 9 To The Constitutionality Of A Gay-Friendly Curriculum In Public Elementary Schools, Amy Lai

Michigan Journal of Gender and Law

In August 2009, a group of parents in California filed a lawsuit, Balde v. Alameda Unified School District, in the Superior Court of California, County of Alameda. They alleged that the Alameda Unified School District refused them the right to excuse their children from a new curriculum, Lesson 9, that would teach public elementary school children about gay, lesbian, bisexual and transgender (GLBT) families. The proposed curriculum included short sessions about GLBT people, incorporated into more general lessons about family and health, once a year from kindergarten through fifth grade. Kindergarteners would learn the harms of teasing, while fifth graders ...


The Thirteenth Amendment, Interest Convergence, And The Badges And Incidents Of Slavery, William M. Carter Jr. 2011 University of Maryland Francis King Carey School of Law

The Thirteenth Amendment, Interest Convergence, And The Badges And Incidents Of Slavery, William M. Carter Jr.

Maryland Law Review

No abstract provided.


Congressional Authority To Interpret The Thirteenth Amendment: A Response To Professor Tsesis, Jennifer Mason McAward 2011 University of Maryland Francis King Carey School of Law

Congressional Authority To Interpret The Thirteenth Amendment: A Response To Professor Tsesis, Jennifer Mason Mcaward

Maryland Law Review

No abstract provided.


Involuntary Servitude, Public Accommodations Laws, And The Legacy Of Heart Of Atlanta Motel, Inc. V. United States, Linda C. McClain 2011 University of Maryland Francis King Carey School of Law

Involuntary Servitude, Public Accommodations Laws, And The Legacy Of Heart Of Atlanta Motel, Inc. V. United States, Linda C. Mcclain

Maryland Law Review

No abstract provided.


The Thirteenth Amendment And The Meaning Of Familial Bonds, Julie Novkov 2011 University of Maryland Francis King Carey School of Law

The Thirteenth Amendment And The Meaning Of Familial Bonds, Julie Novkov

Maryland Law Review

No abstract provided.


The Right To Refuse: Should Prison Inmates Be Allowed To Discontinue Treatment For Incurable, Noncommunicable Medical Conditions?, Daniel R. H. Mendelsohn 2011 University of Maryland Francis King Carey School of Law

The Right To Refuse: Should Prison Inmates Be Allowed To Discontinue Treatment For Incurable, Noncommunicable Medical Conditions?, Daniel R. H. Mendelsohn

Maryland Law Review

No abstract provided.


Beyond Originalism: Conservative Declarationism And Constitutional Redemption, Ken I. Kersch 2011 University of Maryland Francis King Carey School of Law

Beyond Originalism: Conservative Declarationism And Constitutional Redemption, Ken I. Kersch

Maryland Law Review

No abstract provided.


Buck V. Bell: A Constitutional Tragedy From A Lost World, Victoria Nourse 2011 Georgetown Law Center

Buck V. Bell: A Constitutional Tragedy From A Lost World, Victoria Nourse

Georgetown Law Faculty Publications and Other Works

Some constitutional tragedies are well known: Plessy v. Ferguson and Korematsu v. United States are taught to every first-year law student. Buck v. Bell is not. Decided in 1927 by the Taft Court, the case is known for its shocking remedy--sterilization--and Justice Holmes's dramatic rhetoric: "Three generations of imbeciles are enough." A mere five paragraphs long, Buck v. Bell could represent the highest ratio of injustice per word ever signed on to by eight Supreme Court Justices, progressive and conservative alike.

Buck v. Bell is not a tragedy as some others might define tragedy: it is not a well-known ...


Privileges Or Immunities, Philip A. Hamburger 2011 Columbia Law School

Privileges Or Immunities, Philip A. Hamburger

Faculty Scholarship

What was meant by the Fourteenth Amendment's Privileges or Immunities Clause?' Did it incorporate the U.S. Bill of Rights against the states or did it do something else? In retrospect, the Clause has seemed to have the poignancy of a path not taken-a trail abandoned in the Slaughter- House Cases and later lamented by academics, litigants, and even some judges.2 Although wistful thoughts about the Privileges or Immunities Clause may seem to lend legitimacy to incorporation, the Clause actually led in another direction. Long-forgotten evidence clearly shows that the Clause was an attempt to resolve a national ...


Comment, Section 5 Constraints On Congress Through The Lens Of Article Iii And The Constitutionality Of The Employment Non-Discrimination Act, Craig Konnoth 2011 University of Colorado Law School

Comment, Section 5 Constraints On Congress Through The Lens Of Article Iii And The Constitutionality Of The Employment Non-Discrimination Act, Craig Konnoth

Articles

The Employment Non-Discrimination Act (ENDA) that will (hopefully) soon prohibit discrimination against LGB, and ideally, T, individuals, allows state employees to sue states for this discrimination. Scholars and activists fear that these provisions will be struck down as violative of state sovereign immunity, using the Court's recent jurisprudence on Section 5 of the Fourteenth Amendment. This jurisprudence requires Congress to put forth evidence of past state violations of a defined constitutional right before it can subject states to suit. This Congress has done.

However, this Comment suggests that a new requirement of Section 5 legislation is in the works ...


Nonimmigrants, Equal Protection, And The Supremacy Clause, Justin Hess 2010 Brigham Young University Law School

Nonimmigrants, Equal Protection, And The Supremacy Clause, Justin Hess

BYU Law Review

No abstract provided.


Dodging A Bullet: Mcdonald V. City Of Chicago And The Limits Of Progessive Originalism, Dale E. Ho 2010 College of William & Mary Law School

Dodging A Bullet: Mcdonald V. City Of Chicago And The Limits Of Progessive Originalism, Dale E. Ho

William & Mary Bill of Rights Journal

The Supreme Court’s decision in last term’s gun rights case, McDonald v. City of Chicago, punctured the conventional wisdom after District of Columbia v. Heller that “we are all originalists now.” Surprisingly, many progressive academics were disappointed. For “progressive originalists,” McDonald was a missed opportunity to overrule the Slaughter-House Cases and to revitalize the Privileges or Immunities Clause of the Fourteenth Amendment. In their view, such a ruling could have realigned progressive constitutional achievements with originalism and relieved progressives of the albatross of substantive due process, while also unlocking long-dormant constitutional text to serve as the source of ...


An Offensive Weapon?: An Empirical Analysis Of The 'Sword' Of State Sovereign Immunity In State-Owned Patents, Tejas N. Narechania 2010 Columbia University

An Offensive Weapon?: An Empirical Analysis Of The 'Sword' Of State Sovereign Immunity In State-Owned Patents, Tejas N. Narechania

Tejas N. Narechania

In 1999, the Supreme Court invoked state sovereign immunity to strike down provisions in the patent and trademark laws purporting to hold states liable for the infringement of these intellectual properties. These decisions ignited a series of criticisms, including allegations that sovereign immunity gives states an unfair advantage in the exercise of state-owned patent rights.
In particular, critics alleged two unfair advantages to state patentees. First, they alleged that states would favorably manipulate litigation. Second, they alleged that states would use their immunity from challenge to obtain broad patents or force private parties into licensing arrangements. An empirical study focusing ...


The Virginia Gardasil Law: A Constitutional Analysis Of Mandated Protection For Schoolchildren Against The Human Papillomavirus, Christina O. Hud 2010 Washington and Lee University School of Law

The Virginia Gardasil Law: A Constitutional Analysis Of Mandated Protection For Schoolchildren Against The Human Papillomavirus, Christina O. Hud

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Pushing Execution Over The Constitutional Line: Forcible Medication Of Condemned Inmates And The Eight And Fourteenth Amendments, Michaela P. Sewall 2010 Boston College Law School

Pushing Execution Over The Constitutional Line: Forcible Medication Of Condemned Inmates And The Eight And Fourteenth Amendments, Michaela P. Sewall

Boston College Law Review

The U.S. Supreme Court has declared it unconstitutional to execute death row inmates who are too insane to understand the fact of their pending execution and the reasons behind it. The Court has not specified, however, what mechanisms a state may constitutionally employ to render such an inmate sane enough to execute. This Note addresses whether states may forcibly administer antipsychotic drugs to insane death row inmates in order to restore their competence for execution. It concludes that states violate both the Eighth and Fourteenth Amendments when execution is preceded by forcible medication with antipsychotic drugs. First, as soon ...


The (Mis)Categorization Of Sex In Anglo-American Cases Of Transsexual Marriage, John Parsi 2010 University of Michigan Law School

The (Mis)Categorization Of Sex In Anglo-American Cases Of Transsexual Marriage, John Parsi

Michigan Law Review

The United States' promise to establish equality for all has been challenged by post-operative transsexuals seeking recognition in their acquired sex. The birth certificate is the legal gateway to changing other legal documents; but the process for changing the birth certificate varies widely from state to state. This lack of national uniformity makes post-operative transsexuals' recognition of their acquired sex complicated at best and impossible at worst. This Note details the legal progression from non-recognition to recognition of post-operative transsexuals' acquired sex in the United Kingdom and through the European Court of Human Rights. The Note goes on to explore ...


The Texas Mis-Step: Why The Largest Child Removal In Modern U.S. History Failed, Jessica Dixon Weaver 2010 College of William & Mary Law School

The Texas Mis-Step: Why The Largest Child Removal In Modern U.S. History Failed, Jessica Dixon Weaver

William & Mary Journal of Women and the Law

This Article sets forth the historical and legal reasons as to how the State of Texas botched the removal of 439 children from the Fundamentalist Church of Jesus Christ of Latter-Day Saints parents residing in Eldorado, Texas. The Department of Family and Protective Services in Texas overreached its authority by treating this case like a class-action removal based on an impermissible legal argument, rather than focusing on the facts and circumstances that could have been substantiated for a select group of children at risk. This impermissible legal argument regarding the “pervasive belief system” of a polygamist sect that allowed minor ...


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