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All Articles in Fourteenth Amendment

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1,691 full-text articles. Page 41 of 44.

The Death Of The Fourteenth Amendment: Castle Rock And Its Progeny, G. Kristian Miccio 2011 College of William & Mary Law School

The Death Of The Fourteenth Amendment: Castle Rock And Its Progeny, G. Kristian Miccio

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

No abstract provided.


From Wards Cove To Ricci: Struggling Against The “Built In Headwinds” Of A Skeptical Court, Melissa R. Hart 2011 University of Colorado at Boulder

From Wards Cove To Ricci: Struggling Against The “Built In Headwinds” Of A Skeptical Court, Melissa R. Hart

Melissa R Hart

No abstract provided.


The White Interest In School Integration, Robert A. Garda Jr. 2011 Loyola University New Orleans College of Law

The White Interest In School Integration, Robert A. Garda Jr.

Robert A. Garda

Scholarship concerning desegregation, affirmative action and voluntary integration is primarily, if not exclusively, focused on whether such policies harm or benefit minorities. Scant attention is paid to the benefits whites receive in multiracial schools despite these interests underpinning over thirty years of Supreme Court integration jurisprudence. In this article, I explore the academic and social benefits whites receive in multiracial schools, and I do so from a white parent’s perspective. The article begins by explaining the interest-convergence theory and how white interests explain the course and content of the Supreme Court’s desegregation jurisprudence. White parents must understand that ...


The Origins Of The Privileges Or Immunities Clause, Part Ii: John Bingham And The Second Draft Of The Fourteenth Amendment, Kurt T. Lash 2011 University of Richmond

The Origins Of The Privileges Or Immunities Clause, Part Ii: John Bingham And The Second Draft Of The Fourteenth Amendment, Kurt T. Lash

Law Faculty Publications

Historical accounts of the Privileges or Immunities Clause of Section One of the Fourteenth Amendment generally assume that John Bingham based the text on Article IV of the original Constitution and that Bingham, like other Reconstruction Republicans, viewed Justice Washington’s opinion in Corfield v. Coryell as the definitive interpretation of Article IV. According to this view, Justice Miller in the Slaughterhouse Cases failed to follow both framers’ intent and obvious textual meaning when he sharply distinguished Section One’s privileges or immunities from Article IV’s privileges and immunities.

This article, the second in an extended investigation of the ...


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 ...


Plenary No Longer: How The Fourteenth Amendment "Amended" Congressional Jurisdiction-Stripping Power, Maggie McKinley 2011 University of Pennsylvania Law School

Plenary No Longer: How The Fourteenth Amendment "Amended" Congressional Jurisdiction-Stripping Power, Maggie Mckinley

Faculty Scholarship

This Note proposes a solution to the long-standing debate among federal courts scholars as to where to draw the limits of congressional power to strip appellate jurisdiction from the Supreme Court and to strip original jurisdiction from the lower federal courts. Although the Supreme Court has rarely addressed the possibility of limitations on congressional jurisdiction-stripping power, the few determinative cases to go before the Court reveal an acceptance of the orthodox view of plenary power. Proponents of the orthodox view maintain that state courts, bound to hear constitutional claims by their general jurisdictional grant and to enforce the Constitution by ...


Will We Finally See Courtroom Debate?, Arthur S. Leonard 2011 New York Law School

Will We Finally See Courtroom Debate?, Arthur S. Leonard

Other Publications

No abstract provided.


Masthead, Editors 2011 University of Pennsylvania Law School

Masthead, Editors

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


From Preservative To Transformative: Squaring Socioeconomic Rights With Liberty And The American Constitutional Framework, Micah Zeller 2011 Washington University School of Law

From Preservative To Transformative: Squaring Socioeconomic Rights With Liberty And The American Constitutional Framework, Micah Zeller

Washington University Law Review

No abstract provided.


What If Slaughter-House Had Been Decided Differently?, Kermit Roosevelt III 2011 University of Pennsylvania

What If Slaughter-House Had Been Decided Differently?, Kermit Roosevelt Iii

Faculty Scholarship

No abstract provided.


Amending The Prison Litigation Reform Act: Imposing Financial Burdens On Prisoners Over Tax Payers, 44 J. Marshall L. Rev. 1061 (2011), Mallory Yontz 2011 John Marshall Law School

Amending The Prison Litigation Reform Act: Imposing Financial Burdens On Prisoners Over Tax Payers, 44 J. Marshall L. Rev. 1061 (2011), Mallory Yontz

The John Marshall Law Review

No abstract provided.


Zero Tolerance: A Proper Definition, 44 J. Marshall L. Rev. 1107 (2011), Peter Follenweider 2011 John Marshall Law School

Zero Tolerance: A Proper Definition, 44 J. Marshall L. Rev. 1107 (2011), Peter Follenweider

The John Marshall Law Review

No abstract provided.


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 ...


Symposium - The Maryland Constitutional Law Schmooze - Foreword: Plus Or Minus One: The Thirteenth And Fourteenth Amendments, Mark A. Graber 2011 University of Maryland Francis King Carey School of Law

Symposium - The Maryland Constitutional Law Schmooze - Foreword: Plus Or Minus One: The Thirteenth And Fourteenth Amendments, Mark A. Graber

Maryland Law Review

No abstract provided.


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.


What’S Different About The Thirteenth Amendment, And Why Does It Matter?, James Gray Pope 2011 University of Maryland Francis King Carey School of Law

What’S Different About The Thirteenth Amendment, And Why Does It Matter?, James Gray Pope

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.


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.


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