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All Articles in Fourteenth Amendment

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1,691 full-text articles. Page 43 of 44.

The Future Of Discriminatory Local Ordinances Aimed At Regulating Illegal Immigration, John Ryan Syllaios 2010 Washington and Lee University School of Law

The Future Of Discriminatory Local Ordinances Aimed At Regulating Illegal Immigration, John Ryan Syllaios

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Challenges To State Anti-Preference Laws And The Role Of Federal Courts, Michael E. Rosman 2010 College of William & Mary Law School

Challenges To State Anti-Preference Laws And The Role Of Federal Courts, Michael E. Rosman

William & Mary Bill of Rights Journal

No abstract provided.


The Sit-Ins And The State Action Doctrine, Christopher W. Schmidt 2010 College of William & Mary Law School

The Sit-Ins And The State Action Doctrine, Christopher W. Schmidt

William & Mary Bill of Rights Journal

By taking their seats at “whites only” lunch counters across the South in the spring of 1960, African American students not only launched a dramatic new stage in the civil rights movement, they also sparked a national reconsideration of the scope of the constitutional equal protection requirement. The critical constitutional question raised by the sit-in movement was whether the Fourteenth Amendment, which after Brown v. Board of Education1 prohibited racial segregation in schools and other stateoperated facilities, applied to privately owned accommodations open to the general public. From the perspective of the student protesters, the lunch counter operators, and most ...


Of Fat People And Fundamental Rights: The Constitutionality Of The New York City Trans-Fat Ban, Katharine Kruk 2010 College of William & Mary Law School

Of Fat People And Fundamental Rights: The Constitutionality Of The New York City Trans-Fat Ban, Katharine Kruk

William & Mary Bill of Rights Journal

No abstract provided.


The Pursuit Of Perfection: Congressional Power To Enforce The Reconstruction Amendments, A. Christopher Bryant 2010 University of Cincinnati College of Law

The Pursuit Of Perfection: Congressional Power To Enforce The Reconstruction Amendments, A. Christopher Bryant

Faculty Articles and Other Publications

In June 2009 the Supreme Court avoided a decision on the constitutionality of the Voting Rights Act's preclearance requirement, while at the same time managing to foreshadow that provision's ultimate demise. In a separate opinion, Justice Thomas announced that he would have reached the issue and invalidated the preclearance requirement. Conceding that unconstitutional racial discrimination in the administration of elections continued to be an unfortunate reality, he asserted that Congress was not permitted to pursue "perfect compliance" with the Constitution's mandate via the use of "broad prophylactic legislation."

Justice Thomas's statement accurately, though to be sure ...


Of Visible Race-Consciousness And Institutional Role: Equal Protection And Disparate Impact After Ricci And Inclusive Communities, Richard A. Primus 2010 University of Michigan Law School

Of Visible Race-Consciousness And Institutional Role: Equal Protection And Disparate Impact After Ricci And Inclusive Communities, Richard A. Primus

Book Chapters

Six years ago, Ricci v. DeStefano foregrounded the possibility that statutory disparate-impact standards like the one in Title VIl might be on a collision course with the Fourteenth Amendment's Equal Protection Clause. For many observers, it was a radically new possibility. Until that point, disparate-impact doctrine had usually been understood as an ally of equal protection rather than as a potentially conflicting aspect of the law. But between the 1970s and the beginning of the present century, equal protection doctrine became more individualistic and less tolerant of race-conscious actions intended to redress inherited racial hierarchies. Those developments put equal ...


Business-Like: The Supreme Court’S 2009-2010 Labor And Employment Decisions, Melissa R. Hart 2010 University of Colorado at Boulder

Business-Like: The Supreme Court’S 2009-2010 Labor And Employment Decisions, Melissa R. Hart

Melissa R Hart

No abstract provided.


The Origins Of The Privileges Or Immunities Clause, Part I: “Privileges And Immunities” As An Antebellum Term Of Art, Kurt T. Lash 2010 University of Richmond

The Origins Of The Privileges Or Immunities Clause, Part I: “Privileges And Immunities” As An Antebellum Term Of Art, 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 statement of the meaning 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 distinguished Section One’s privileges or immunities from Article IV’s privileges and immunities.

A close analysis of antebellum law, however, suggests ...


Penalizing Punitive Damages: Why The Supreme Court Needs A Lesson In Law And Economics, Steve P. Calandrillo 2010 University of Washington School of Law

Penalizing Punitive Damages: Why The Supreme Court Needs A Lesson In Law And Economics, Steve P. Calandrillo

Articles

The recent landmark Supreme Court decision addressing punitive damages in the infamous Exxon Valdez oil spill case has brought the issue of punitive awards back into the legal limelight. Modern Supreme Court jurisprudence, most notably BMW of North America, Inc. [517 U.S. 559 (1996)], State Farm [538 U.S. 408 (2003)], Philip Morris [549 U.S. 346 (2007)], and now Exxon Shipping Co. [128 S.Ct. 2605 (2008)] in 2008, has concluded that such judgments are justified to punish morally reprehensible behavior and to send a message to evildoers. The Court, however, has increasingly emphasized that the U.S ...


Engquist And The Erosion Of The Equal Protection Clause: An Attempt To Stop The Creep Of Irrational Dicta, Darien Shanske 2010 UC Hastings College of the Law

Engquist And The Erosion Of The Equal Protection Clause: An Attempt To Stop The Creep Of Irrational Dicta, Darien Shanske

Faculty Scholarship

No abstract provided.


Justice Stevens And The Seattle Schools Case: A Case Study On The Role Of Righteous Anger In Constitutional Discourse, Andrew Siegel 2010 Seattle University School of Law

Justice Stevens And The Seattle Schools Case: A Case Study On The Role Of Righteous Anger In Constitutional Discourse, Andrew Siegel

Faculty Scholarship

No abstract provided.


"The Prejudice Of Caste": The Misreading Of Justice Harlan And The Ascendency Of Anticlassificaiton, Scott Grinsell 2010 U.S. Court of Appeals for the Second Circuit

"The Prejudice Of Caste": The Misreading Of Justice Harlan And The Ascendency Of Anticlassificaiton, Scott Grinsell

Michigan Journal of Race and Law

This Article reconsiders the familiar reading of Justice Harlan's dissent in Plessy v. Ferguson as standing for the principle of constitutional colorblindness by examining the significance of Harlan's use of the metaphor "caste" in the opinion. By overlooking Harlan's invocation of "caste," it argues that conservative proponents of anticlassification have reclaimed the opinion for "colorblindness," and buried a powerful statement of the antisubordination principle that is at the heart of our equality law. The Article begins by examining the emergence of a reading of the opinion as articulating a view of equality law based in anticlassification. The ...


Native Hawaiians And The Ceded Lands Trust: Applying Self-Determination As An Alternative To The Equal Protection Analysis, R. Hōkūlei Lindsey 2010 Southern Illinois University Carbondale

Native Hawaiians And The Ceded Lands Trust: Applying Self-Determination As An Alternative To The Equal Protection Analysis, R. Hōkūlei Lindsey

American Indian Law Review

No abstract provided.


Second-Class Citizenship: The Tension Between The Supremacy Of The People And Minority Rights, 43 J. Marshall L. Rev. 963 (2010), Adam H. Morse 2010 John Marshall Law School

Second-Class Citizenship: The Tension Between The Supremacy Of The People And Minority Rights, 43 J. Marshall L. Rev. 963 (2010), Adam H. Morse

The John Marshall Law Review

No abstract provided.


Which Came First The Parent Or The Child?, Mary P. Byrn, Jenni Vainik Ives 2010 Mitchell Hamline School of Law

Which Came First The Parent Or The Child?, Mary P. Byrn, Jenni Vainik Ives

Faculty Scholarship

From the moment a child is born, she is a juridical person endowed with constitutional rights. A child’s parents, however, do not become legal parents until a state statute grants them the fundamental right to raise one’s child. The state, therefore, exercises considerable power and discretion when it drafts the parentage statutes that determine who becomes a legal parent. This article asserts that the state, through its parens patriae power, has a duty to act as an agent for children when it drafts its parentage statutes. In particular, the state must adopt parentage statutes that satisfy children’s ...


The Latest Phase Of Negro Disfrenchisement, Julien C. Monnet 2010 University of Oklahoma College of Law

The Latest Phase Of Negro Disfrenchisement, Julien C. Monnet

Oklahoma Law Review

No abstract provided.


Equal Protection And Aesthetic Zoning: A Possible Crack And A Preemptive Repair, Dawn E. Jourdan, Louis G. Tassinary, Russ Parsons 2010 University of Florida Levin College of Law

Equal Protection And Aesthetic Zoning: A Possible Crack And A Preemptive Repair, Dawn E. Jourdan, Louis G. Tassinary, Russ Parsons

UF Law Faculty Publications

In Village of Willowbrook v. Olech, the property owner alleged "the Village intentionally demanded a 33-foot easement as a condition of connecting her property to the municipal water supply where the Village required only a 15-foot easement from other similarly situated property owners." The complaint further described the village's demand as "irrational and wholly arbitrary." According to the Seventh Circuit, the property owner could allege an equal protection violation by asserting the state's action was motivated solely by a "spiteful effort to 'get' him for reasons wholly unrelated to any legitimate state objective." On appeal, the Supreme Court ...


Gps Monitoring May Cause Orwell To Turn In His Grave, But Will It Escape Constitutional Challenges? A Look At Gps Monitoring Of Domestic Violence Offenders In Illinois, 43 J. Marshall L. Rev. 845 (2010), Mary Ann Scholl 2010 John Marshall Law School

Gps Monitoring May Cause Orwell To Turn In His Grave, But Will It Escape Constitutional Challenges? A Look At Gps Monitoring Of Domestic Violence Offenders In Illinois, 43 J. Marshall L. Rev. 845 (2010), Mary Ann Scholl

The John Marshall Law Review

No abstract provided.


A Post-Race Equal Protection?, Trina Jones, Mario L. Barnes, Erwin Chemerinsky 2010 Duke Law School

A Post-Race Equal Protection?, Trina Jones, Mario L. Barnes, Erwin Chemerinsky

Faculty Scholarship

Most vividly demonstrated in the 2008 election of the first African-American President of the United States, post-race is a term that has been widely used to characterize a belief in the declining significance of race in the United States. Post-racialists, then, believe that racial discrimination is rare and aberrant behavior as evidenced by America’s pronounced racial progress. One practical consequence of a commitment to post-racialism is the belief that governments - both state and federal - should not consider race in their decision making. One might imagine that the recent explosion in post-racial discourse also portends a revised understanding of equality ...


The Future Of Disparate Impact, Richard A. Primus 2010 University of Michigan Law School

The Future Of Disparate Impact, Richard A. Primus

Articles

The Supreme Court's decision in Ricci v. DeStefano foregrounded the question of whether Title VIl's disparate impact standard conflicts with equal protection. This Article shows that there are three ways to read Ricci, one of which is likely fatal to disparate impact doctrine but the other two of which are not.


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