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Full-Text Articles in Law
A Postal Code Lottery: Unequal Access To Abortion Services In The United States And Northern Ireland, Hailey K. Flynn
A Postal Code Lottery: Unequal Access To Abortion Services In The United States And Northern Ireland, Hailey K. Flynn
Fordham International Law Journal
This Note argues that one’s postal code, or where one lives within the United States or in Northern Ireland, should not negatively impact a woman’s access to safe abortion services. This Note will examine abortion-related jurisprudence in the United States and Northern Ireland and will make recommendations for the ways in which access to abortion services can be legally improved. Part I will explain current jurisprudence on abortion in the United States within the Due Process Clause and Equal Protection Clause contexts. Part II will analyze the current legal framework that governs access to abortion in Northern Ireland and will …
Unconstitutional Animus, Susannah W. Pollvogt
Unconstitutional Animus, Susannah W. Pollvogt
Fordham Law Review
It is well established that animus can never constitute a legitimate state interest for purposes of equal protection analysis. But neither precedent nor scholarship has stated conclusively how animus is properly defined, what counts as evidence of animus in any given case, or the precise doctrinal significance of a finding of animus. The U.S. Supreme Court has explicitly addressed the question of animus only a handful of times, and these cases do not appear to be particularly congruent with one another, at least on the surface. Further, while a number of scholars have discussed animus in terms of moral philosophy, …
Backward-Looking Laws And Equal Protection: The Case Of Black Reparations, Daniel A. Farber
Backward-Looking Laws And Equal Protection: The Case Of Black Reparations, Daniel A. Farber
Fordham Law Review
No abstract provided.
Equal Protection Unmodified: Justice John Paul Stevens And The Case For Unmediated Constitutional Interpretation, Andrew M. Siegel
Equal Protection Unmodified: Justice John Paul Stevens And The Case For Unmediated Constitutional Interpretation, Andrew M. Siegel
Fordham Law Review
No abstract provided.
"There Is Only One Equal Protection Clause": An Appreciation Of Justice Stevens's Equal Protection Jurisprudence, James E. Fleming
"There Is Only One Equal Protection Clause": An Appreciation Of Justice Stevens's Equal Protection Jurisprudence, James E. Fleming
Fordham Law Review
No abstract provided.
Disparate Impact, Discrimination, And The Essentially Contested Concept Of Equality, George Rutherglen
Disparate Impact, Discrimination, And The Essentially Contested Concept Of Equality, George Rutherglen
Fordham Law Review
No abstract provided.
The Flaws Of Rational Basis With Bite: Why The Supreme Court Should Acknowledge Its Application Of Heightened Scrutiny To Classifications Based On Sexual Orientation, Jeremy B. Smith
Fordham Law Review
No abstract provided.
Tying The Braid Of Second-Parent Adoptions—Where Due Process Meets Equal Protection, Christopher Colorado
Tying The Braid Of Second-Parent Adoptions—Where Due Process Meets Equal Protection, Christopher Colorado
Fordham Law Review
No abstract provided.
New York's Post-September 11, 2001 Recognition Of Same-Sex Relationships: A Victory Suggestive Of Future Change, John O. Enright
New York's Post-September 11, 2001 Recognition Of Same-Sex Relationships: A Victory Suggestive Of Future Change, John O. Enright
Fordham Law Review
No abstract provided.
The Glass Sneaker: Thirty Years Of Victories And Defeats Involving Title Ix And Sex Discrimination In Athletics, Diane Heckman
The Glass Sneaker: Thirty Years Of Victories And Defeats Involving Title Ix And Sex Discrimination In Athletics, Diane Heckman
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Colorblind Lottery, Pauline T. Kim
Freedom To Exclude After Boy Scouts Of America V. Dale: Do Private Schools Have A Right To Discriminate Against Homosexual Teachers?, Karen Lim
Fordham Law Review
No abstract provided.
Examining The Lautenberg Amendment In The Civilian And Military Contexts: Congressional Overreaching, Statutory Vagueness, Ex Post Facto Violations, And Implementation Flaws, Jessica A. Golden
Fordham Urban Law Journal
The Lautenberg Amendment to the Gun Control Act of 1968 was passed in 1996 with the purpose of preventing gun-related domestic violence. The Lautenberg Amendment's passage raises unique commerce clause issues, and the amendment is possibly unconstitutional. Part I of the article examines the Commerce Clause (and Tenth Amendment) challenges to the Lautenberg Amendment. It provides the history of cases thus far failing to successfully challenge the constitutionality of the Lautenberg Amendment. It then discusses the Supreme Court's decision in Morrison v. Olson, that struck down the civil remedies provision of the Violence Against Women Act as a violation of …
Rehnquist Court's Changed Reading Of The Equal Protection Clause In The Context Of Voting Rights, Jeanmarie K. Grubert
Rehnquist Court's Changed Reading Of The Equal Protection Clause In The Context Of Voting Rights, Jeanmarie K. Grubert
Fordham Law Review
No abstract provided.
Civil Rights - Right To Treatment - Neither Due Process Nor Equal Protection Clause Of The Fourteenth Amendment Guarantees The "Right To Treatment" For Mentally Retarded Children Confined In A State Institution Through Noncriminal Procedures
Fordham Urban Law Journal
Civil rights action was brought on behalf of residents at Willowbrook State Hospital by their parents and guardians attacking the conditions and treatment offered violated due process and equal protection. The court refused to extend a right to treatment to patients civilly committed to state hospitals - forestalling an extension of such rights to the retarded. Plaintiffs sought to classify the vast majority of commitments as involuntary despite original admission data mandating due process protection. The court determined that a hearing with procedural safeguards would suffice and in certain situations the court may find the appointment of a guardian at …
The Constitutional Rights Of Public School Pupils, Richard Gyory
The Constitutional Rights Of Public School Pupils, Richard Gyory
Fordham Law Review
No abstract provided.
Policy And The Fourteenth Amendment: A New Semantics, Oliver Morse
Policy And The Fourteenth Amendment: A New Semantics, Oliver Morse
Fordham Law Review
No abstract provided.
State Responsibility Under The Fourteenth Amendment: An Adherence To Tradition, Leonard F. Manning
State Responsibility Under The Fourteenth Amendment: An Adherence To Tradition, Leonard F. Manning
Fordham Law Review
No abstract provided.