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Articles 1 - 22 of 22
Full-Text Articles in Law
Religion-Based Peremptory Challenges After Batson V. Kentucky And J.E.B. V. Alabama: An Equal Protection And First Amendment Analysis, Benjamin Hoorn Barton
Religion-Based Peremptory Challenges After Batson V. Kentucky And J.E.B. V. Alabama: An Equal Protection And First Amendment Analysis, Benjamin Hoorn Barton
Michigan Law Review
This Note argues that under Batson, J.E.B., the First Amendment, and the Equal Protection Clause, religion-based peremptory challenges are unconstitutional. This Note asserts that the analysis of governmental religious discrimination, such as a peremptory challenge, is the same under either the First Amendment or the Equal Protection Clause because both apply strict scrutiny to purposeful government discrimination.
Part I examines Batson and J.E.B. in greater detail and states a model for analyzing discriminatory peremptory challenges in which such challenges are treated as intentional governmental discrimination subject to heightened scrutiny. Part II argues that under the First Amendment, intentional governmental …
The Balance Between Fighting Street Gangs And Adhering To The Constitution In Southern California, D. Cameron Beck, Jr.
The Balance Between Fighting Street Gangs And Adhering To The Constitution In Southern California, D. Cameron Beck, Jr.
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Physician Aid In Dying: A Humane Option, A Constitutionally Protected Choice, Kathryn L. Tucker, David J. Burman
Physician Aid In Dying: A Humane Option, A Constitutionally Protected Choice, Kathryn L. Tucker, David J. Burman
Seattle University Law Review
This Article presents the argument that the Fourteenth Amendment protects the individual decision to hasten death with physician-prescribed medication and that statutes prohibiting physician-assisted suicide deny equal protection, guaranteed by the Fourteenth Amendment, to competent, terminally-ill adults who are not on life support.
Domestic Relations Jurisprudence And The Great, Slumbering Baehr: On Definitional Preclusion, Equal Protection, And Fundamental Interests, Mark Strasser
Fordham Law Review
No abstract provided.
Affirmative Action As A Women's Issue, Helen Norton
Affirmative Action As A Women's Issue, Helen Norton
Publications
No abstract provided.
The Pale Impact Of Recent Case Law On The Ascendancy Of The Voting Rights Act, Frank N. Schellace
The Pale Impact Of Recent Case Law On The Ascendancy Of The Voting Rights Act, Frank N. Schellace
Touro Law Review
No abstract provided.
Eliminating Indian Stereotypes From American Society: Causes And Legal And Societal Solutions, Kim Chandler Johnson, John Terrence Eck
Eliminating Indian Stereotypes From American Society: Causes And Legal And Societal Solutions, Kim Chandler Johnson, John Terrence Eck
American Indian Law Review
No abstract provided.
Equal Protection And Sexual Orientation, Jack Tsen-Ta Lee
Equal Protection And Sexual Orientation, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
Equality is the thread running through the fundamental liberties enshrined in our Constitution. ... Equality, expressed in Art 12 of the [Singapore] Constitution, is also a specific right enforceable by the court. The difficulty comes in applying this deceptively simple concept to real-life situations. ... In considering the validity of legislation, Singapore and Malaysian courts have generally favored rational review, a modest conception of equal protection, unlike their American counterparts which have adopted a more expansive reading in the form of strict and intermediate review. This article examines how these three levels of equal protection review operate, and argues that …
Equal Protection And Sexual Orientation, Jack Tsen-Ta Lee
Equal Protection And Sexual Orientation, Jack Tsen-Ta Lee
Jack Tsen-Ta LEE
Equality is the thread running through the fundamental liberties enshrined in our Constitution. ... Equality, expressed in Art 12 of the [Singapore] Constitution, is also a specific right enforceable by the court. The difficulty comes in applying this deceptively simple concept to real-life situations. ... In considering the validity of legislation, Singapore and Malaysian courts have generally favored rational review, a modest conception of equal protection, unlike their American counterparts which have adopted a more expansive reading in the form of strict and intermediate review. This article examines how these three levels of equal protection review operate, and argues that …