Law Commons^™

Zablocki V. Redhail, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Penn Central Transportation Company V. New York City, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

New York V. Cathedral Academy, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Board Of Curators Of The University Of Missouri V. Horowitz, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Bell V. Ohio, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Lockett V. Ohio, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Foley V. Connelie, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

The Creditor, The Debtor And The Fourteenth Amendment, Elwin Griffith

Mercer Law Review

There has been much commentary on the rights and liabilities arising out of the debtor-creditor relationship. Much of that discussion has centered on the constitutional issues related to the use of such remedies as garnishment, attachment, replevin and repossession. The controversial issue in repossession has been the propriety and constitutionality of the self-help provision of §9-503 of the Uniform Commercial Code. These remedies have provoked discussion when creditors have used them without giving notice and a hearing to debtors.

Illegitimates And Equal Protection, David Hallissey

University of Michigan Journal of Law Reform

Illegitimates often have been discriminated against by legislatures in the enactment of statutes, as well as by courts which have sanctioned such legislation. This article will examine the judicial response to legislative treatment of the illegitimate in social insurance, loss compensation, and intestacy statutes. Emphasizing the Supreme Court's analysis of the legal status of illegitimates in terms of the equal protection clause, it will also discuss how the principle of equal protection may be applied in order to reduce the number of illegitimates denied the benefit and protection of the law.

General Electric Company V. Gilbert: The Plight Of The Working Woman, 11 J. Marshall J. Prac. & Proc. 215 (1977), Marcia Lynn Cohen

UIC Law Review

No abstract provided.

Procedural Due Process And The Convicted Prisoner, 10 J. Marshall J. Of Prac. & Proc. 313 (1977), James A. Pitts

UIC Law Review

No abstract provided.

Bakke: A Compelling Need To Discriminate, Theodore J. St. Antoine

Articles

Two of America's most cherished values collided head-on a few months ago, when the U.S. Supreme Court began to come to grips with the most significant civil rights suit since the school desegregation cases of 1954. Arrayed on one side is the principle of governmental "color-blindness," the appealing notion that the color of a person's skin should have nothing to do with the distribution of benefits or burdens by the state. Set against it is the goal of a truly integrated society, and the tragic realization that this objective cannot be achieved within the foreseeable future unless race and color …

A New Dimension In Equal Protection?, Theodore J. St. Antoine

Articles

Two of America's most cherished values will collide head-on this year, when the U.S. Supreme Court comes to grips with the most significant civil rights suit since the school desegregation cases of 1954. Arrayed on one side is the principle of governmental "color-blindness," the appealing notion that the color of a person's skin should have nothing to do with the distribution of benefits or burdens by the state. Set against it is the goal of a truly integrated society and the tragic realization that this objective cannot be achieved within the foreseeable future unless race and color are taken into …

Government By Judiciary: The Transformation Of The Fourteenth Amendment, Gerard E. Lynch

Faculty Scholarship

As its title suggests, Raoul Berger's Government by Judiciary states an extreme version of a familiar thesis: The Supreme Court has abandoned its proper role as interpreter of the Constitution and has usurped the power to act as a third legislative chamber. Like kadis under a tree, the Court creates law from mere personal predilections. The main instrument of this judicial coup has been the fourteenth amendment. Government by Judiciary is an historian's book, strongest when using the historian's tools to illuminate the past. Underlying this research, however, is a remarkably simplistic theory of constitutional interpretation, a theory that forms …

The Supreme Court And The Constitutional Rights Of Prisoners: A Reappraisal, Emily Calhoun

Publications

No abstract provided.

The Thirteenth And Fourteenth Amendments: Constitutional Authority For Federal Legislation Against Private Sex Discrimination, Emily Calhoun

Publications

No abstract provided.

Racial Preferences In Higher Education: Political Responsibility And The Judicial Role, Terrance Sandalow

Book Chapters

... Professors John Hart Ely and Richard Posner have established diametrically opposed positions in the debate. Their contributions are of special interest because each undertakes to answer the question within the framework of a theory concerning the proper distribution of authority between the judiciary and the other institutions of government

...Professor Ely [see pp. 208-216, herein] defends the constitutionality of racial preferences, essentially on the ground that the equal-protection clause should not be read to prevent a majority from discriminating between itself and a minority only to its own disadvantage. The predicate for an active judicial role is lacking, ... …

Of "Liberty" And "Property", Henry Paul Monaghan

Faculty Scholarship

After a century of experience, we are now thoroughly accustomed to viewing the fourteenth amendment as imposing upon the experimentation otherwise permitted in our fifty separate "laboratories" limitations that do not materially differ from those fastened upon the national government by the bill of rights. The history of this evolution is far too well known to justify rehearsing here even in the barest outline. But it bears noting that few, if any, observers believe that the language of the amendment has played a significant role in this historical evolution. Here, as elsewhere, "[b]ehind the words ... are postulates which limit …

Can Distraint Stand Up As A Landlord’S Remedy?, Gerald Korngold

Articles & Chapters

Though a landlord's right of seizure is well established in the common law and provided for by the laws of many states, some federal courts have found distraint procedures to be incompatible with Fourteenth Amendment due process requirements. This article examines the constitutionality and validity of the present Pennsylvania distraint statute, surveys the cases dealing with the issue, and reviews some recent decisions concerning due process which are relevant to the determination of the statute's constitutionality. The Pennsylvania experience can serve as an example for practitioners in other jurisdictions since, most of them have had few, if any, cases concerning …