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

Fourteenth Amendment Commons

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

1,658 Full-Text Articles 1,284 Authors 459,879 Downloads 91 Institutions

All Articles in Fourteenth Amendment

Faceted Search

1,658 full-text articles. Page 5 of 43.

A Chill Wind Blows: Undue Burden In The Wake Of Whole Woman’S Health V. Hellerstedt, Catherine Gamper 2017 University of Maryland Francis King Carey School of Law

A Chill Wind Blows: Undue Burden In The Wake Of Whole Woman’S Health V. Hellerstedt, Catherine Gamper

Maryland Law Review

No abstract provided.


Occupational Licensing: Quality Control Or Enterprise Killer? Problems That Arise When People Must Get The Government's Permission To Work, W. Sherman Rogers 2017 Pepperdine University

Occupational Licensing: Quality Control Or Enterprise Killer? Problems That Arise When People Must Get The Government's Permission To Work, W. Sherman Rogers

The Journal of Business, Entrepreneurship & the Law

This Article is organized into six parts: Part one (the current section) provides the reader with an introduction and overview of the issues that have arisen because of states’ ever-expanding regulation of occupations requiring qualifications and credentials for holding certain jobs. Such qualifications often appear totally unnecessary to one’s ability to safely and competently perform a job. Part two provides background information on the Lochner Era of Supreme Court jurisprudence, the aftermath of the Lochner Era, and a brief history of the issues involved in state occupational licensing requirements. Part three discusses and evaluates recent cases of note—primarily ...


Taxing Marijuana: Earmarking Tax Revenue From Legalized Marijuana, Armikka R. Bryant 2017 Washington State Office of the Attorney General

Taxing Marijuana: Earmarking Tax Revenue From Legalized Marijuana, Armikka R. Bryant

Georgia State University Law Review

This Article provides an overview of the legal, political, and societal landscapes in states that have legalized marijuana and imposed taxes on its sale. The article begins by summarizing the War on Drugs’ origins, its fiscal expenditures, and the social policies that ultimately led to its failure.

Part I briefly details the history of marijuana regulation starting from the early twentieth century up to the Obama administration’s decision to permit recreational marijuana laws to stand in Washington state and Colorado. Part II dives deeper into the social costs of the War on Drugs and outlines the hardships faced by ...


Workin’ 9:00–5:00 For Nine Months: Assessing Pregnancy Discrimination Laws In Georgia, Kaitlyn Pettet 2017 Georgia State University College of Law

Workin’ 9:00–5:00 For Nine Months: Assessing Pregnancy Discrimination Laws In Georgia, Kaitlyn Pettet

Georgia State University Law Review

As demonstrated in this Note, there is still a considerable way to go before women are no longer forced to choose between pregnancy and keeping their career. Allegations of pregnancy discrimination in the workplace are also on the rise.

In 1997, 4,000 plaintiffs filed complaints with the Equal Employment Opportunity Commission (EEOC). By 2011, that number rose to 5,800. The EEOC won significant damages in pregnancy discrimination cases, demonstrating a greater tendency towards discrimination in the workplace. Additionally, this rise in claims and awards caught the attention of the nation’s media, placing new emphasis on the treatment ...


A Promise Unfulfilled: Challenges To Georgia’S Death Penalty Statute Post-Furman, William Cody Newsome 2017 Georgia State University College of Law

A Promise Unfulfilled: Challenges To Georgia’S Death Penalty Statute Post-Furman, William Cody Newsome

Georgia State University Law Review

In Furman v. Georgia, the U.S. Supreme Court agreed with Furman’s counsel. Three Justices agreed that Georgia law, as applied, was arbitrary and potentially discriminatory. Moreover, one Justice challenged the value of the death penalty and doubted it served any of the alleged purposes for which it was employed.

Although many challenges subsequent to Furman have been raised and arguably resolved by the Court, the underlying challenges raised by Furman appear to remain prevalent with the Court. Justice Breyer recently echoed the concurring opinions of Furman in his dissenting opinion from Glossip v. Gross, when he stated: “In ...


Hiding In Plain View: A Path Around Sovereign Immunity For State Government Employees, William J. Rich 2017 College of William & Mary Law School

Hiding In Plain View: A Path Around Sovereign Immunity For State Government Employees, William J. Rich

William & Mary Bill of Rights Journal

No abstract provided.


Keeping Gideon'S Promise: Using Equal Protection To Address The Denial Of Counsel In Misdemeanor Cases, Brandon Buskey, Lauren Sudeall Lucas 2017 American Civil Liberties Union

Keeping Gideon'S Promise: Using Equal Protection To Address The Denial Of Counsel In Misdemeanor Cases, Brandon Buskey, Lauren Sudeall Lucas

Lauren Sudeall Lucas

The Sixth Amendment of the U.S. Constitution guarantees criminal defendants the right to counsel, and the U.S. Supreme Court has made clear that right is applicable to all defendants in felony cases, even those unable to afford a lawyer. Yet, for defendants facing misdemeanor charges, only those defendants whose convictions result in incarceration are entitled to the assistance of counsel.

The number of misdemeanor prosecutions has increased dramatically in recent years, as have the volume and severity of collateral consequences attached to such convictions; yet, the Court’s right to counsel jurisprudence in this area has remained stagnant ...


A Court Pure And Unsullied: Justice In The Justice Trial At Nuremberg, Stephen J. Sfekas 2017 Circuit Court for Baltimore City, Maryland

A Court Pure And Unsullied: Justice In The Justice Trial At Nuremberg, Stephen J. Sfekas

University of Baltimore Law Review

In the immediate aftermath of World War II, the common understanding was that the Nazi regime had been maintained by a combination of instruments of terror, such as the Gestapo, the SS, and concentration camps, combined with a sophisticated propaganda campaign. Modern historiography, however, has revealed the critical importance of the judiciary, the Justice Ministry, and the legal profession to maintaining the stability of the regime.

As an example, although the number of persons confined to concentration camps from 1933 to 1934 rose to as many as 100,000 people, most were quickly released. The number of concentration camp inmates ...


With Liberty And Justice For Some: Denial Of Meaningful Due Process In School Disciplinary Actions In Ohio, Genevieve Vince 2017 Cleveland-Marshall College of Law

With Liberty And Justice For Some: Denial Of Meaningful Due Process In School Disciplinary Actions In Ohio, Genevieve Vince

Cleveland State Law Review

Students face many different obstacles in school and arbitrary exclusion should not be one of them. Despite the Supreme Court stating that students do not shed their rights at the schoolhouse gate, they in fact do shed their rights. This Note examines how school disciplinary actions deny students meaningful due process. It discusses the foundation of modern due process, including what other rights have been incorporated into the contemporary understanding of due process as well as its historic roots. Additionally, this Note explores the case that established the procedures required of school administrators to comport with a student’s right ...


A Comprehensive Analysis Of Roe V. Wade And Its Legality In Respect To Scientific And Christian Perspectives, Gabriella Morillo 2017 Southeastern University - Lakeland

A Comprehensive Analysis Of Roe V. Wade And Its Legality In Respect To Scientific And Christian Perspectives, Gabriella Morillo

Selected Honors Theses

This thesis is about the Supreme Court case Roe v. Wade and how the Court in Roe ruled a child as a “potential to life.” The Fifth and Fourteenth Amendments show that there is an expectation of privacy in regards to a woman and her doctor but it is questionable as to whether or not the expectation of privacy can cover the fetus in the womb. The question raised next is whether or not the woman has complete rights to the fetus and whether or not she can decide if the fetus has a right to live or not. Coming ...


The Missouri Student Transfer Program, Howard E. Fields III 2017 University Missouri - St. Louis

The Missouri Student Transfer Program, Howard E. Fields Iii

Dissertations

In 1993, the state of Missouri passed the Outstanding Schools Act. This law was created as a means to ensure that “all children will have quality educational opportunities, regardless of where in Missouri they live.” Section 167.131 of this law states that an unaccredited district must pay the tuition and transportation cost for students who attend an accredited school in the same or adjoining district. This portion of the law became known as the Student Transfer Program.

The Riverview Gardens School District (RGSD) was one of three unaccredited school districts in the state of Missouri in 2013. With close ...


Liberty Of Palate, Samuel R. Wiseman 2017 University of Maine School of Law

Liberty Of Palate, Samuel R. Wiseman

Maine Law Review

As lawmakers concerned with problems as diverse as childhood obesity, animal cruelty, and listeria have increasingly focused their attention on consumers, legal issues surrounding food choice have recently attracted much broader interest. Bans on large sodas in New York City, fast food chains in South Los Angeles, and foie gras in California and Chicago have provoked national controversy, as have federal raids on raw milk sellers. In response, various groups have decried restrictions on their ability to consume the food products of their choice. A few groups have organized around the principle of what we might call liberty of palate ...


Personal Jurisdiction In The Data Age: Macdermid V. Deiter's Adaptation Of International Shoe Amidst Supreme Court Uncertainty, Ryan Almy 2017 University of Maine School of Law

Personal Jurisdiction In The Data Age: Macdermid V. Deiter's Adaptation Of International Shoe Amidst Supreme Court Uncertainty, Ryan Almy

Maine Law Review

In MacDermid, Inc. v. Deiter, the Second Circuit held that a Connecticut court may exercise personal jurisdiction over a defendant who allegedly used a computer in Canada to remotely access a computer server located in Connecticut in order to misappropriate proprietary, confidential electronic information belonging to a Connecticut corporation. This Note argues that, given the factual elements before the court, MacDermid was an unsurprising, orthodox, and proper holding in the context of personal jurisdiction jurisprudence. However, the facts in MacDermid, and the corresponding limits inherent in the Second Circuit’s holding, reveal potentially gaping holes in our modern personal jurisdiction ...


The Post-Crawford Rise In Voter Id Laws: A Solution Still In Search Of A Problem, David M. Faherty 2017 University of Maine School of Law

The Post-Crawford Rise In Voter Id Laws: A Solution Still In Search Of A Problem, David M. Faherty

Maine Law Review

In Crawford v. Marion County Election Board, the Supreme Court upheld Indiana’s voter identification law, which required registered voters to present government-issued photo identification at the polls. Instead of applying heighted scrutiny to a law that had an effect on voter qualifications, the Court simply balanced the asserted state interest of protecting the integrity and reliability of elections by preventing voter fraud against the burden imposed on eligible voters who were prevented from voting because they did not possess the required form of photo identification. Not persuaded by the fact that Indiana could not point to a single instance ...


The Magic Mirror Of "Original Meaning": Recent Approaches To The Fourteenth Amendment, Bret Boyce 2017 University of Maine School of Law

The Magic Mirror Of "Original Meaning": Recent Approaches To The Fourteenth Amendment, Bret Boyce

Maine Law Review

Nearly a century and a half after its adoption, debate continues to rage over the original meaning of the Fourteenth Amendment’s guarantees of basic rights. Of the three clauses in the second sentence of Section One, the latter two (the Due Process and Equal Protection Clauses) loom very large in modern Supreme Court decisions, while the first (the Privileges or Immunities Clause) is of minimal importance, having been invoked only once to strike down a state law. Originalists—those who hold that the Constitution should be interpreted according to its original meaning—have often deplored this state of affairs ...


The Prevailing Culture Over Immigration: Centralized Immigration And Policies Between Attrition And Accommodation, Antonios Kouroutakis 2017 Seton Hall University

The Prevailing Culture Over Immigration: Centralized Immigration And Policies Between Attrition And Accommodation, Antonios Kouroutakis

Seton Hall Circuit Review

No abstract provided.


After Flint: Environmental Justice As Equal Protection, David A. Dana, Deborah Tuerkheimer 2017 Northwestern Pritzker School of Law

After Flint: Environmental Justice As Equal Protection, David A. Dana, Deborah Tuerkheimer

Northwestern University Law Review

This Essay conceptualizes the Flint water crisis as an archetypical case of underenforcement—that is, a denial of the equal protection of laws guaranteed by the U.S. Constitution. Viewed as such, the inadequacy of environmental regulation can be understood as a failure that extends beyond the confines of Flint; a failure that demands a far more expansive duty to protect vulnerable populations.


Keeping Gideon'S Promise: Using Equal Protection To Address The Denial Of Counsel In Misdemeanor Cases, Brandon Buskey, Lauren Sudeall Lucas 2017 American Civil Liberties Union

Keeping Gideon'S Promise: Using Equal Protection To Address The Denial Of Counsel In Misdemeanor Cases, Brandon Buskey, Lauren Sudeall Lucas

Faculty Publications By Year

The Sixth Amendment of the U.S. Constitution guarantees criminal defendants the right to counsel, and the U.S. Supreme Court has made clear that right is applicable to all defendants in felony cases, even those unable to afford a lawyer. Yet, for defendants facing misdemeanor charges, only those defendants whose convictions result in incarceration are entitled to the assistance of counsel.

The number of misdemeanor prosecutions has increased dramatically in recent years, as have the volume and severity of collateral consequences attached to such convictions; yet, the Court’s right to counsel jurisprudence in this area has remained stagnant ...


Post-Racialism And The End Of Strict Scrutiny, David Schraub 2017 University of California, Berkeley

Post-Racialism And The End Of Strict Scrutiny, David Schraub

Indiana Law Journal

In recent years, a growing social consensus has emerged around the aspiration of a “post-racial” America: one where race is no longer a fault line for social strife or, perhaps, a morally significant trait whatsoever. This ambition, however, lies in tension with the most basic constitutional principle governing our treatment of race in the public sphere: that of “strict scrutiny.” Post-racialism seeks to diminish the salience of race to near negligibility. The strict scrutiny of racial classifications, by contrast, significantly enhances the salience of race by treating it differently from virtually every other personal attribute or characteristic—including hair or ...


An Originalist Defense Of Plyler V. Doe, Steven G. Calabresi, Lena M. Barsky 2017 Brigham Young University Law School

An Originalist Defense Of Plyler V. Doe, Steven G. Calabresi, Lena M. Barsky

BYU Law Review

This Article offers a defense of the Supreme Court’s opinion in Plyler v. Doe based on the original public meaning of the Fourteenth Amendment when it was enacted in 1868. We argue that at that time, the Fourteenth Amendment granted certain rights, such as life, liberty, and possession of personal property, to immigrants under the Equal Protection and Due Process Clauses, but did not grant them the privileges and immunities of citizenship (e.g. all civil rights and the political right to vote). We also argue that public education is a right of all persons protected by the Due ...


Digital Commons powered by bepress