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- Fourteenth Amendment (258)
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Articles 1591 - 1620 of 1913
Full-Text Articles in Constitutional Law
Faces Without Features: The Surface Validity Of Criminal Inferences, Peter Lushing
Faces Without Features: The Surface Validity Of Criminal Inferences, Peter Lushing
Articles
The article critiques the Supreme Court's decision in County Court v. Allen, arguing that the Court's approach to evaluating instructed inferences in criminal cases undermines the integrity of the fact-finding process. The central concern is that the Court's methodology, which assesses inferences as applied rather than on their face, fails to address the potential irrationality of such inferences and the pressure they may exert on jurors to convict without thorough consideration of the evidence. The article advocates for a more rigorous standard to ensure the rationality and constitutionality of instructed inferences in criminal trials.
Constitutional Law - Fifth And Fourteenth Amendments - Privilege Against Self-Incrimination - Procedure In State Criminal Trials - Jury Instructions, Terry J. Trexler
Constitutional Law - Fifth And Fourteenth Amendments - Privilege Against Self-Incrimination - Procedure In State Criminal Trials - Jury Instructions, Terry J. Trexler
Duquesne Law Review
The Supreme Court of the United States has held that a state criminal trial judge has a constitutional obligation, on a defendant's request, to instruct a jury that no inference of guilt may be drawn from a defendant's failure to testify.
Carter v. Kentucky, 101 S. Ct. 1112 (1981).
Impermissible Reverse Discrimination V. Allowable Affirmative Action: The Supreme Court Upholds Racial Classifications, 14 J. Marshall L. Rev. 491 (1981), Margery Sabian
UIC Law Review
No abstract provided.
In Memory Of Monrad G. Paulsen, Walter J. Wadlington
In Memory Of Monrad G. Paulsen, Walter J. Wadlington
Cardozo Law Review
No abstract provided.
Finberg V. Sullivan: Protecting Exempt Funds From Postjudgment Seizure, Eric M. Schmidt
Finberg V. Sullivan: Protecting Exempt Funds From Postjudgment Seizure, Eric M. Schmidt
Cardozo Law Review
No abstract provided.
The Inequitable Burden Of School Desegregation Remedies: The Effects Of Shift In Supreme Court Decisions On The Buffalo School Desegregation Case, Denise E. O'Donnell
The Inequitable Burden Of School Desegregation Remedies: The Effects Of Shift In Supreme Court Decisions On The Buffalo School Desegregation Case, Denise E. O'Donnell
Buffalo Law Review
No abstract provided.
The Equal Protection Clause In The Supreme Court 1873-1903, Richard S. Kay
The Equal Protection Clause In The Supreme Court 1873-1903, Richard S. Kay
Buffalo Law Review
No abstract provided.
Petrie V. Illinois High School Association: Gender Classification And High School Athletics, 14 J. Marshall L. Rev. 227 (1980), Diane I. Jennings
Petrie V. Illinois High School Association: Gender Classification And High School Athletics, 14 J. Marshall L. Rev. 227 (1980), Diane I. Jennings
UIC Law Review
No abstract provided.
Mackey V. Montrym - Due Process Limits On The Use Of Interest Balancing, 13 J. Marshall L. Rev. 441 (1980), Joyce E. Heinzerling
Mackey V. Montrym - Due Process Limits On The Use Of Interest Balancing, 13 J. Marshall L. Rev. 441 (1980), Joyce E. Heinzerling
UIC Law Review
No abstract provided.
The Equal Protection Clause In The Supreme Court, 1873-1903, Richard Kay
The Equal Protection Clause In The Supreme Court, 1873-1903, Richard Kay
Faculty Articles and Papers
No abstract provided.
Due Process And Pro Hac Vice Appearances By Attorneys: Does Any Protection Remain?, Timothy C. Cashmore
Due Process And Pro Hac Vice Appearances By Attorneys: Does Any Protection Remain?, Timothy C. Cashmore
Buffalo Law Review
No abstract provided.
The Rights Of Gay Prisoners: A Challenge To Protective Custody, Joan W. Howarth
The Rights Of Gay Prisoners: A Challenge To Protective Custody, Joan W. Howarth
Scholarly Works
This Note focuses on the specific issues raised by the traditional method of dealing with homosexuals in prison: isolation from the general prison population. This traditional segregation often results in almost twenty-four hour-a-day confinement to a cell, which severely limits access to programs and opportunities normally enjoyed by prisoners.
This Note first discusses the history and current practice of segregation of gay prisoners' as well as the broader subject of protective custody, and then outlines the judicial response to the problems of protective custody prisoners generally and gay prisoners specifically. It then critiques the judicial confusion and resulting reluctance to …
Log-Rolling And Judicial Review, Michael J. Waggoner
Log-Rolling And Judicial Review, Michael J. Waggoner
Publications
No abstract provided.
Alimony For Men -- The Changing Law, Pamela Joy Smith
Alimony For Men -- The Changing Law, Pamela Joy Smith
Florida State University Law Review
No abstract provided.
Agins V. City Of Tiburon, Lewis F. Powell Jr.
Agins V. City Of Tiburon, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Mccall V. State, 354 So. 2d 869 (Fla. 1978), Arthur C. Beal, Jr.
Mccall V. State, 354 So. 2d 869 (Fla. 1978), Arthur C. Beal, Jr.
Florida State University Law Review
Constitutional Law-THE FINE LINE BETWEEN PROTECTED AND NON-PROTECTED SPEECH
Police Use Of Trickery As An Interrogation Technique, James G. Thomas
Police Use Of Trickery As An Interrogation Technique, James G. Thomas
Vanderbilt Law Review
This Note maintains that trickery can be effectively curtailed despite the failure of Miranda to do so. This Note argues that trickery in the interrogation room is a violation of fourteenth amendment substantive due process. The Supreme Court has recently stated, in very unambiguous terms, that due process requirements exist independently of the fifth amendment Miranda requirements in the interrogation context." This Note therefore proposes an objective due process standard that would prohibit trickery. The violation of this due process standard would require the exclusion at trial of confessions induced by trickery. Because the exclusionary rule is not a sufficient …
State V. West, No. 53, 123, 23 Fla. L. W. 265 (Sup. Ct. June 7, 1979), Marjorie E. Smith
State V. West, No. 53, 123, 23 Fla. L. W. 265 (Sup. Ct. June 7, 1979), Marjorie E. Smith
Florida State University Law Review
Constitutional Law-EQUAL PROTECTION-STATUTE OF LIMITATIONS FOR PATERNITY SUITS DOES NOT DENY ILLEGITIMATE CHILDREN THE EQUAL PROTECTION OF THE LAWS
The Unwed Father: Conflict Of Rights In Adoption Proceedings, Winston R. Davis
The Unwed Father: Conflict Of Rights In Adoption Proceedings, Winston R. Davis
Florida State University Law Review
No abstract provided.
Rites Of Passage: Race, The Supreme Court, And The Constitution, William W. Van Alstyne
Rites Of Passage: Race, The Supreme Court, And The Constitution, William W. Van Alstyne
Faculty Publications
No abstract provided.
In Re Estate Of Reed, 354 So. 2d 864 (Fla. 1978), L. D. Landry
In Re Estate Of Reed, 354 So. 2d 864 (Fla. 1978), L. D. Landry
Florida State University Law Review
Constitutional Law- EQUAL PROTECTION-A FLORIDA STANDARD OF EQUAL PROTECTION
Rollins V. State, 354 So. 2d 61 (Fla. 1978), William Tarr
Rollins V. State, 354 So. 2d 61 (Fla. 1978), William Tarr
Florida State University Law Review
Constitutional Law-EQUAL PROTECTION-STATUTE DISTINGUISHING BETWEEN TYPES OF ESTABLISHMENTS IN WHICH BILLIARD TABLES ARE LOCATED HELD UNCONSTITUTIONAL
Illegitimacy And The Rights Of Unwed Fathers In Adoption Proceedings After Quilloin V. Walcott, 12 J. Marshall J. Prac. & Proc. 383 (1979), Steven E. Davis
Illegitimacy And The Rights Of Unwed Fathers In Adoption Proceedings After Quilloin V. Walcott, 12 J. Marshall J. Prac. & Proc. 383 (1979), Steven E. Davis
UIC Law Review
No abstract provided.
Eberts V. Westinghouse Electric Corp. Gender-Based Discrimination After Gilbert And Satty, 12 J. Marshall J. Prac. & Proc. 459 (1979), Carol M. Cervantes
Eberts V. Westinghouse Electric Corp. Gender-Based Discrimination After Gilbert And Satty, 12 J. Marshall J. Prac. & Proc. 459 (1979), Carol M. Cervantes
UIC Law Review
No abstract provided.
Flagg Brothers, Inc. V. Brooks : The Public Function Doctrine In Retreat, 12 J. Marshall J. Prac. & Proc. 637 (1979), William R. Black
Flagg Brothers, Inc. V. Brooks : The Public Function Doctrine In Retreat, 12 J. Marshall J. Prac. & Proc. 637 (1979), William R. Black
UIC Law Review
No abstract provided.
Kentucky V. Whorton And The Presumption-Of-Innocence Instruction: An Imprecise Formula For Appellate Review, Anne Abbott Trumpf
Kentucky V. Whorton And The Presumption-Of-Innocence Instruction: An Imprecise Formula For Appellate Review, Anne Abbott Trumpf
Kentucky Law Journal
No abstract provided.
In Their Own Image: The Reframing Of The Due Process Clause By The United States Supreme Court, J. Ralph Beaird
In Their Own Image: The Reframing Of The Due Process Clause By The United States Supreme Court, J. Ralph Beaird
Scholarly Works
A distinguished constitutional scholar recently pointed out that "many of the important decisions of the Supreme Court of the United States are not based on law in the popular sense of that term." It is true, he noted, that "the court endeavors to identify Constitutional clauses upon which to hang its pronouncements." "[S]ome key words and phrases in the Constitution," however, "are so highly indeterminate that they cannot really qualify as law in any usual sense." Rather, he said, "they are semantic blanks--verbal vacuums that may be filled readily with any one of many possible meanings." Thus, it is not …
Ordered Liberty: Cardozo And The Constitution, John T. Noonan Jr.
Ordered Liberty: Cardozo And The Constitution, John T. Noonan Jr.
Cardozo Law Review
No abstract provided.
Ambach V. Norwick, Lewis F. Powell Jr.
Child Support: The Double Standard, Karen Colby Weiner
Child Support: The Double Standard, Karen Colby Weiner
Florida State University Law Review
No abstract provided.