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

Fourteenth Amendment Commons

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

1,769 Full-Text Articles 1,380 Authors 459,879 Downloads 100 Institutions

All Articles in Fourteenth Amendment

Faceted Search

1,769 full-text articles. Page 43 of 45.

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.


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 ...


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.


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.


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.


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 ...


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 ...


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 at Penn Law

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 ...


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 ...


Associational Privacy And The First Amendment: Naacp V. Alabama, Privacy And Data Protection, Anita L. Allen 2011 University of Pennsylvania Law School

Associational Privacy And The First Amendment: Naacp V. Alabama, Privacy And Data Protection, Anita L. Allen

Faculty Scholarship at Penn Law

No abstract provided.


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 ...


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 at Penn Law

No abstract provided.


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 Race, Gender, and Social Justice

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 ...


The Evolution Of Search-And-Seizure Law: How New Hampshire And Federal Law Differ, Randall Lawrence–Hurt 2010 University of New Hampshire

The Evolution Of Search-And-Seizure Law: How New Hampshire And Federal Law Differ, Randall Lawrence–Hurt

Inquiry Journal 2010

No abstract provided.


Digital Commons powered by bepress