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Articles 1 - 5 of 5
Full-Text Articles in Law
Second Amendment Incorporation Through The Fourteenth Amendment Privileges Or Immunities And Due Process Clauses, Michael Anthony Lawrence
Second Amendment Incorporation Through The Fourteenth Amendment Privileges Or Immunities And Due Process Clauses, Michael Anthony Lawrence
Missouri Law Review
The Second Amendment, alternately maligned over the years as the black sheep of the constitutional family and praised as a palladium of the liberties of a republic, should be recognized by the United States Supreme Court to apply to the several States through the Fourteenth Amendment privileges or immunities clause or, alternatively, through the due process clause. This article suggests that the issue of Second Amendment incorporation presents a useful contemporary mechanism for the Court to revive the longdormant Fourteenth Amendment privileges or immunities clause. Such judicial recognition of the clause is necessary to respect the Framers' vision, as inspired …
Stretching The Fourteenth Amendment And Substantive Due Process: Another Close Call For 42 U.S.C. 1983, Brad K. Thoenen
Stretching The Fourteenth Amendment And Substantive Due Process: Another Close Call For 42 U.S.C. 1983, Brad K. Thoenen
Missouri Law Review
Forty years ago, Justice John Harlan noted that the United State Constitution "is not a panacea for every blot upon the public welfare, nor [is the] Court . . .a general haven for reform movements." Written during an era of judicial progressivism, Justice Harlan's words capture perfectly the essence of the Eighth Circuit's majority opinion in Terrell v. Larson, a recent substantive due process case from Minnesota. Substantive due process claims often tug at the heartstrings of our jurisprudence, and Terrell is certainly no exception. This Note will explore the legal foundations and policy implications of Terrell and attempt to …
Crime Of Dispassion: Eighth Circuit (Mis)Applies Deshaney In Failing To Hold State Employees Accountable To The Children They Protect, Bryan R. Berry
Crime Of Dispassion: Eighth Circuit (Mis)Applies Deshaney In Failing To Hold State Employees Accountable To The Children They Protect, Bryan R. Berry
Missouri Law Review
This Note reviews the legal landscape of Fourteenth Amendment substantive due process theory promulgated by the Supreme Court and discusses the importance of the landmark decision in DeShaney v. Winnebago County Department of Social Services in that context. Next, this Note discusses the treatment of DeShaney by the circuit courts, focusing on two exceptions to DeShaney’s analysis that have been carved out by many courts. This Note then reviews the decision in McMullen, and argues that the court of appeals improperly applied DeShaney to the facts in McMullen and that, in any event, DeShaney is an unfortunate extension of an …
Book Review: We The People: The Fourteenth Amendment And The Supreme Court, S. I. Strong
Book Review: We The People: The Fourteenth Amendment And The Supreme Court, S. I. Strong
Faculty Publications
Never one to shirk a challenge, Michael Perry has taken on the difficult task of investigating whether, as charged by a number of prominent social and legal commentators, "the modern Supreme Court, in the name of the Fourteenth Amendment [to the US Constitution], [has] usurped prerogatives and made choices that properly belong to the electorally accountable representatives of the American people," and if so, to what extent (p. 8). Perry makes no attempt to address every facet of Fourteenth Amendment doctrine, but instead focuses his discussion on some of the most controversial topics: racial segregation, affirmative action, discrimination on the …
Procedural Approach To The Problem Of The Right, A, Kathryn N. Benson
Procedural Approach To The Problem Of The Right, A, Kathryn N. Benson
Missouri Law Review
Modern society is characterized by heightened complexity in the degree of interdependence among its members. As societies advance, courts are increasingly called upon to strike an appropriate balance among the interests of individuals, society, and government. This Comment addresses certain problems of constitutional jurisprudence that arise when courts attempt to strike that balance. Several cases interpreting the Fourteenth Amendment will be discussed. They present useful illustrations of the nature of conflicts that arise among societal actors.'