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Articles 331 - 360 of 444
Full-Text Articles in Constitutional Law
Sex Discrimination (Update 1), Christina B. Whitman
Sex Discrimination (Update 1), Christina B. Whitman
Book Chapters
During the 1980s and early 1990s intense disagreement has arisen over the appropriate strategy for eliminating sex discrimination. Some courts and commentators argue for gender-neutral rules that define categories in purely functional terms. Others, who point out that gender-neutral rules promise equality only for women who can meet a ‘‘male standard,’’ think that legal distinctions between the sexes are not only appropriate but necessary, at least in cases involving perceived biological differences. Still others refuse to think in terms of sameness and difference. They analyze each issue by asking whether the disputed rule furthers the domination of men and the …
Equal Protection And The Procedural Bar Doctrine In Federal Habeas Corpus, Laura Gaston Dooley
Equal Protection And The Procedural Bar Doctrine In Federal Habeas Corpus, Laura Gaston Dooley
Law Faculty Publications
No abstract provided.
Qualifications Of Governor And Lieutenant-Governor
Qualifications Of Governor And Lieutenant-Governor
Touro Law Review
No abstract provided.
Gender Based Peremptory Challenges And The New York State Constitution, Frederick T. Kelsey
Gender Based Peremptory Challenges And The New York State Constitution, Frederick T. Kelsey
Touro Law Review
No abstract provided.
The Ideal Of Liberty: A Comment On Michael H. V. Gerald D., Robin West
The Ideal Of Liberty: A Comment On Michael H. V. Gerald D., Robin West
Georgetown Law Faculty Publications and Other Works
What is the meaning and content of the "liberty" protected by the due process clause of the fourteenth amendment? In Michael H. v. Gerald D. Justices Brennan and Scalia spelled out what at first blush appear to be sharply contrasting understandings of the meaning of liberty and of the substantive limits liberty imposes on state action. Justice Scalia argued that the "liberty" protected by a substantive interpretation of due process is only the liberty to engage in activities historically protected against state intervention by firmly entrenched societal traditions. I will sometimes call this the "traditionalist" interpretation of liberty. Justice Brennan, …
Equality Theory, Marital Rape, And The Promise Of The Fourteenth Amendment, Robin West
Equality Theory, Marital Rape, And The Promise Of The Fourteenth Amendment, Robin West
Georgetown Law Faculty Publications and Other Works
During the 1980s a handful of state judges either held or opined in dicta what must be incontrovertible to the feminist community, as well as to most progressive legal advocates and academics: the so-called marital rape exemption, whether statutory or common law in origin, constitutes a denial of a married woman's constitutional right to equal protection under the law. Indeed, a more obvious denial of equal protection is difficult to imagine: the marital rape exemption denies married women protection against violent crime solely on the basis of gender and marital status. What possibly could be less rational than a statute …
Affirmative Action Doctrine And The Conflicting Messages Of Croson, Doug D. Scherer
Affirmative Action Doctrine And The Conflicting Messages Of Croson, Doug D. Scherer
Scholarly Works
No abstract provided.
Introduction (The Supreme Court & Local Government Law: The 1988-89 Term), Leon D. Lazer
Introduction (The Supreme Court & Local Government Law: The 1988-89 Term), Leon D. Lazer
Scholarly Works
No abstract provided.
Forgetting The Constitution, Robert F. Nagel
Human Rights: Two Hundred Years Of Constitutional Experience In The United States, Robert S. Barker
Human Rights: Two Hundred Years Of Constitutional Experience In The United States, Robert S. Barker
Barker Papers
The study of the United States Constitution is not the exclusive province of any one discipline or profession. But, the history of the United States has demonstrated that the Constitution, particularly in its human rights aspects, is preeminently a legal document. As Tocqueville said a century and a half ago, "There is hardly a political question in the United States which does not sooner or later turn into a judicial one." This paper explains both the historical format and its jurisprudential emphasis.
Legislative Enforcement Of Equal Protection, Stephen F. Ross
Legislative Enforcement Of Equal Protection, Stephen F. Ross
Faculty Scholarship
This Article explores the legislative role in enforcing the constitutional guarantee to equal protection. Part I describes the underenforcement principle that explains the restrictive judicial exercise of authority in constitutional matters. The Article then focuses on Congress' role in examining issues relating to the constitutional guarantee of equal protection that the courts have chosen to underenforce. Part II analyzes relevant constitutional provisions that may empower or limit congressional actions. Part III considers ways in which Congress can address state violations of equal protection through directives to the judiciary and through the legislative process. Part IV details how both federal and …
Equal Protection Challenges To Legislative Abrogation Of The Collateral Source Rule
Equal Protection Challenges To Legislative Abrogation Of The Collateral Source Rule
Washington and Lee Law Review
No abstract provided.
Hawaii And The United States Supreme Court: Three Cases On Law, History, And The United States Constitution, William E. H. Tagupa
Hawaii And The United States Supreme Court: Three Cases On Law, History, And The United States Constitution, William E. H. Tagupa
Pacific Studies
No abstract provided.
Equal Protection Challenges To Legislative Abrogation Of The Collateral Source Rule
Equal Protection Challenges To Legislative Abrogation Of The Collateral Source Rule
Washington and Lee Law Review
No abstract provided.
Alternative Dispute Resolution In The Federal Government: A View From Congress, Senator Orrin G. Hatch
Alternative Dispute Resolution In The Federal Government: A View From Congress, Senator Orrin G. Hatch
Touro Law Review
No abstract provided.
Shelly V. Kraemer: Herald Of Social Progress And Of The Coming Debate Over The Limits Of Constitutional Change, Thomas B. Mcaffee
Shelly V. Kraemer: Herald Of Social Progress And Of The Coming Debate Over The Limits Of Constitutional Change, Thomas B. Mcaffee
Scholarly Works
The Supreme Court's decision in Shelley v. Kraemer, the Supreme Court held unconstitutional judicial enforcement of racially restrictive covenants. If Shelley marks an important point in the progress of American race relations, it may be even more significant as a symbol of the vexing search for the boundaries between purely private and state action and, more specifically, the reach of the protections of the Fourteenth Amendment in a changing world. In this article, the author argues that Shelley can be read as a watershed decision that in a single stroke (1) eliminated the independent significance of the Supreme Court's long-adopted …
The Regulated Practice Of The Jailhouse Lawyer
The Regulated Practice Of The Jailhouse Lawyer
Washington and Lee Law Review
No abstract provided.
The Creation Of Fetal Rights: Conflicts With Women's Constitutional Rights To Liberty, Privacy, And Equal Protection, Dawn E. Johnsen
The Creation Of Fetal Rights: Conflicts With Women's Constitutional Rights To Liberty, Privacy, And Equal Protection, Dawn E. Johnsen
Articles by Maurer Faculty
No abstract provided.
Davis V. Bandemer, Lewis F. Powell Jr.
Constitutional Law—Equal Protection—Zoning Ordinance Excluding Home For The Mentally Retarded Fails The Rational Basis Test, Patricia J. Dolson
Constitutional Law—Equal Protection—Zoning Ordinance Excluding Home For The Mentally Retarded Fails The Rational Basis Test, Patricia J. Dolson
University of Arkansas at Little Rock Law Review
No abstract provided.