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Full-Text Articles in Law
Equality In Culture And Law: An Introduction To The Origins And Evolution Of The Equal Protection Principle, Lawrence Schlam
Equality In Culture And Law: An Introduction To The Origins And Evolution Of The Equal Protection Principle, Lawrence Schlam
Northern Illinois University Law Review
To set the stage for this symposium on emerging issues in equal protection, this article introduces the reader to the historic cultural and philosophical origins of the notion of equality in western civilization, the antebellum state jurisprudence on equal protection under law, and the evolution of the meaning and use of the equal protection clause from the passage of the Fourteenth Amendment to the present.
If Geronimo Was Jewish: Equal Protection And The Cultural Property Rights Of Native Americans, Sherry Hutt
If Geronimo Was Jewish: Equal Protection And The Cultural Property Rights Of Native Americans, Sherry Hutt
Northern Illinois University Law Review
The Fourteenth Amendment should apply to Native Americans in the same manner that it is applied to other groups within the United States. In practice that has not been the case. The body of Indian Law has developed around a "special" treatment for Indians that is actually less than equal in effect. Such disparity is particularly evident in the treatment by the courts of the cultural property of Native Americans. The premise of the article is that if Native Americans were afforded equal protection for their cultural property rights then remedial laws would not be necessary. To illustrate the disparity …
Capping Your Rights: The Texas Statute Of Non-Economic Damage Caps In Medical Malpractice Cases And Its Assault On The Rights Of The Injured And The Power Of The Courts., Ruben James Reyes
Capping Your Rights: The Texas Statute Of Non-Economic Damage Caps In Medical Malpractice Cases And Its Assault On The Rights Of The Injured And The Power Of The Courts., Ruben James Reyes
The Scholar: St. Mary's Law Review on Race and Social Justice
Though the Texas Legislature attempted to assure Texans’ access to quality, affordable health care, they assaulted patients’ rights and the power of the courts with a cap on non-economic damages in medical malpractice lawsuits. Non-economic damage caps have a major effect in medical malpractice cases on an injured victim’s constitutional rights and their rights to bring a cause of action against a negligent party. Injured medical malpractice victims may argue that non-economic damage caps directly violate equal protection because of the creation of an impermissible classification distinguishing between injured victims with calculable economic damages and injured victims with no economic …
The Meaning Of Fifth And Sixth Amendment Rights: Sentencing In Federal Drug Cases After Apprendi V. New Jersey And Harris V. United States, Derrick Bingham
The Meaning Of Fifth And Sixth Amendment Rights: Sentencing In Federal Drug Cases After Apprendi V. New Jersey And Harris V. United States, Derrick Bingham
Georgia State University Law Review
No abstract provided.
Brown And Tee-Hit-Ton, Earl M. Maltz
Bringing In The State: Toward A Constitutional Duty To Protect From Mob Violence, Susan S. Kuo
Bringing In The State: Toward A Constitutional Duty To Protect From Mob Violence, Susan S. Kuo
Indiana Law Journal
No abstract provided.
The Law Of Typicality: Examining The Procedural Due Process Implications Of Sandin V. Conner, Donna H. Lee
The Law Of Typicality: Examining The Procedural Due Process Implications Of Sandin V. Conner, Donna H. Lee
Fordham Law Review
Although the Due Process Clause of the Fourteenth Amendment has long protected against deprivations that implicate state-created liberty interests as well as core constitutional concerns, the Supreme Court changed course in liberty interest jurisprudence in Sandin v. Conner. It retreated from a positivist approach and articulated a new test for determining when a prisoner's claim warrants procedural due process. The Court held that the challenged action must impose an "atypical and significant" hardship, but provided little guidance on how to measure typicality and significance. This Article proposes a methodology for examining typicality that is grounded in empirical evidence and advocates …
Winner, Best Appellate Brief In The 2004 Native American Law Student Association Moot Court Competition, Kevin Mcculloch, April Winecke
Winner, Best Appellate Brief In The 2004 Native American Law Student Association Moot Court Competition, Kevin Mcculloch, April Winecke
American Indian Law Review
No abstract provided.