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Articles 1 - 4 of 4
Full-Text Articles in Law
The Constitutional Party Right Of Informational Privacy: Does It Protect Children Suffering From Aids?, Gretta J. Heaney
The Constitutional Party Right Of Informational Privacy: Does It Protect Children Suffering From Aids?, Gretta J. Heaney
Fordham Urban Law Journal
The right to privacy and nondisclosure of personal medical information is at often odds with a State interest and the public's desire to be informed. This Note traces the constitutional right to privacy, discusses the extent to which personal medical information has been incorporated into that right and outlines the qualifications of these rights as they pertain to minors. In particular, this Note examines the constitutional right of States to release private medical information of an AIDS-inflicted child to the school officials at the school at the school the AIDS-inflicted child attends. The Note argues that when weighing the risks …
The Inadequate Police Protection Of Battered Wives: Can A City And Its Police Be Held Liable Under The Equal Protection Clause?, Jeffrey A. Shapiro
The Inadequate Police Protection Of Battered Wives: Can A City And Its Police Be Held Liable Under The Equal Protection Clause?, Jeffrey A. Shapiro
Fordham Urban Law Journal
The police strive to settle the vast majority of wife battering cases without arrest or through mediation, often leading to terrible results for the abused wife. This Note supports holding a city and its police liable under the equal protection clause for the inadequate police protection of battered wives. The Note finds the best legal strategy under the equal protection clause would involve showing impermissible gender-based discrimination.
Public School Drug Searches: Toward Redefining Fourth Amendment "Reasonableness" To Include Individualized Suspicion, Jill I. Braverman
Public School Drug Searches: Toward Redefining Fourth Amendment "Reasonableness" To Include Individualized Suspicion, Jill I. Braverman
Fordham Urban Law Journal
Incidents of illegal drug use' and violent crime plague public school authorities across the nation. As narcotics and weapons appear on school campuses, school officials seek to conduct searches of students' lockers, property, and persons for contraband or prohibited weapons. Public school authorities justify their actions by stating that since the state requires children to attend school, the state retains a compelling interest, if not an affirmative duty, in ensuring that the school environment remain free of illegal substances which might present safety hazards to teachers or fellow students. The fourth amendment to the United States Constitution was adopted to …
Revolutionary Constitutionalism In The Era Of The Civil War And Reconstruction , Robert J. Kaczorowski
Revolutionary Constitutionalism In The Era Of The Civil War And Reconstruction , Robert J. Kaczorowski
Faculty Scholarship
The meaning and scope of the fourteenth amendment and the Civil Rights Act of 1866 remain among the most controversial issues in American constitutional law. Professor Kaczorowski contends that the issues have generated more controversy than they warrant, in part because scholars analyzing the legislative history of the amendment and statute have approached their task with preconceptions reflecting twentieth century legal concerns. He argues that the most important question for the framers was whether national or state governments possessed primary authority to determine and secure the status and rights of American citizens. Relying on records of the congressional debates as …