Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (254)
- Seattle University School of Law (235)
- Touro University Jacob D. Fuchsberg Law Center (172)
- Yeshiva University, Cardozo School of Law (114)
- William & Mary Law School (108)
-
- UIC School of Law (57)
- Washington and Lee University School of Law (42)
- The University of Akron (40)
- University of Georgia School of Law (35)
- Pepperdine University (33)
- Florida State University College of Law (32)
- Northwestern Pritzker School of Law (32)
- University of Colorado Law School (28)
- Maurer School of Law: Indiana University (27)
- St. John's University School of Law (26)
- Fordham Law School (25)
- Cleveland State University (24)
- Brooklyn Law School (22)
- Notre Dame Law School (21)
- University of Maryland Francis King Carey School of Law (20)
- Cornell University Law School (19)
- University of Kentucky (19)
- University of Nebraska - Lincoln (19)
- Brigham Young University Law School (17)
- Columbia Law School (17)
- University of Cincinnati College of Law (17)
- University of Washington School of Law (17)
- Florida A&M University College of Law (16)
- The Catholic University of America, Columbus School of Law (16)
- University of Maine School of Law (16)
- Keyword
-
- Fourteenth Amendment (257)
- Due process (191)
- Equal protection (152)
- Fourteenth amendment (127)
- Supreme Court (125)
-
- Equal Protection Clause (107)
- Constitution (105)
- Constitutional law (98)
- United States Constitution 14th Amendment (79)
- Due Process (74)
- Constitutional Law (69)
- Due Process Clause (66)
- Discrimination (63)
- Equal Protection (59)
- Fifth Amendment (57)
- New York (50)
- Federal (48)
- Federalism (42)
- Abortion (40)
- First Amendment (40)
- Race (39)
- Affirmative action (38)
- Civil rights (33)
- Law (32)
- Due Process of Law (31)
- Segregation (31)
- United States Supreme Court (31)
- Brown v. Board of Education (30)
- Bill of Rights (29)
- Equal protection clause (29)
- Publication Year
- Publication
-
- Michigan Law Review (231)
- Seattle University Law Review (199)
- Touro Law Review (147)
- Faculty Scholarship (74)
- UIC Law Review (54)
-
- Cardozo Law Review (45)
- William & Mary Bill of Rights Journal (44)
- Akron Law Review (36)
- Articles (35)
- William & Mary Law Review (32)
- Cardozo Journal of Equal Rights & Social Justice (30)
- Scholarly Works (29)
- Publications (28)
- Florida State University Law Review (27)
- Pepperdine Law Review (26)
- Seattle Journal for Social Justice (26)
- Faculty Publications (25)
- Northwestern University Law Review (22)
- The Catholic Lawyer (20)
- Cornell Law Faculty Publications (19)
- BYU Law Review (17)
- Cleveland State Law Review (17)
- Journal of Race, Gender, and Ethnicity (17)
- Nebraska Journal on Advancing Justice (17)
- Kentucky Law Journal (16)
- Maine Law Review (16)
- Scholarly Articles (16)
- Law Faculty Publications (15)
- Maryland Law Review (15)
- Notre Dame Law Review (15)
- Publication Type
- File Type
Articles 1411 - 1440 of 1911
Full-Text Articles in Fourteenth Amendment
Progress And Constitutionalism, Robert F. Nagel
Johnson V. De Grandy: Mixed Messages On Equal Electoral Opportunity Under Section 2 Of The Voting Rights Act, Brenda Wright
Johnson V. De Grandy: Mixed Messages On Equal Electoral Opportunity Under Section 2 Of The Voting Rights Act, Brenda Wright
University of the District of Columbia Law Review
Johnson v. De Grandy' is Florida's contribution to the burgeoning Supreme Court jurisprudence addressing the redistricting which followed the 1990 Census.2 That round of redistricting has been heavily influenced by Section 2 of the Voting Rights Act of 1965, which Congress amended in 1982 to prohibit election practices that deny minorities an equal opportunity to participate in the political process andelect candidates of their choice to office.3 Because the composition of election districts may have a powerful impact on the ability of racial or ethnic minorities to elect candidates of their choice to office, 4 redistricting is among the practices …
Holder V. Hall: Blinking At Minority Voting Rights, Laughlin Mcdonald
Holder V. Hall: Blinking At Minority Voting Rights, Laughlin Mcdonald
University of the District of Columbia Law Review
Parts I and II of this Article discuss the sole commissioner form of government in Bleckley County and the nature and disposition of plaintiffs' Section 2 challenge in the lower courts. Part III analyzes the decision of the Supreme Court, its formalistic construction of Section 2, and the Court's retreat from voting rights enforcement. Part IV is a critique of the concurring opinion of Justice Thomas and responds to his arguments that the creation of majority-minority districts improperly embroils the courts in political theorizing and is a form of segregation. This Article concludes with a discussion of the critical role …
The Constitutionality Of Racial Redistricting: A Critique Of Shaw V. Reno, Frank R, Parker
The Constitutionality Of Racial Redistricting: A Critique Of Shaw V. Reno, Frank R, Parker
University of the District of Columbia Law Review
No abstract provided.
Section 1983 Litigation, Martin A. Schwartz
The Religious Freedom Restoration Act: The Constitutional Significance Of An Unconstitutional Statute, Daniel O. Conkle
The Religious Freedom Restoration Act: The Constitutional Significance Of An Unconstitutional Statute, Daniel O. Conkle
Articles by Maurer Faculty
This article addresses the constitutionality and the constitutional significance of the Religious Freedom Restoration Act of 1993 (RFRA), through which Congress, relying on Section 5 of the 14th Amendment, attempted to repudiate the Supreme Court's restrictive interpretation of the Free Exercise Clause, as announced in Employment Division v. Smith, and to adopt in its place a more generous regime of religious freedom. The article advances two major propositions. First, it contends that despite the Act's noble purpose, RFRA circumvents the process of constitutional amendment, frustrates the Supreme Court's role as the primary interpreter of the Constitution, and improperly intrudes on …
The Other Right-To-Life Debate: When Does Fourteenth Amendment Life End, Douglas O. Linder
The Other Right-To-Life Debate: When Does Fourteenth Amendment Life End, Douglas O. Linder
Faculty Works
No abstract provided.
Reflections On From Slaves To Citizens Bondage, Freedom And The Constitution: The New Slavery Scholarship And Its Impact On Law And Legal Historiography, Robert J. Kaczorowski
Reflections On From Slaves To Citizens Bondage, Freedom And The Constitution: The New Slavery Scholarship And Its Impact On Law And Legal Historiography, Robert J. Kaczorowski
Faculty Scholarship
The thesis of Professor Donald Nieman's paper, "From Slaves to Citizens: African-Americans, Rights Consciousness, and Reconstruction," is that the nation experienced a revolution in the United States Constitution and in the consciousness of African Americans. According to Professor Nieman, the Reconstruction Amendments represented "a dramatic departure from antebellum constitutional principles,"' because the Thirteenth Amendment reversed the pre-Civil War constitutional guarantee of slavery and "abolish[ed] slavery by federal authority." The Fourteenth Amendment rejected the Supreme Court's "racially-based definition of citizenship [in Dred Scott v. Sandford4], clearly establishing a color-blind citizenship” and the Fifteenth Amendment "wrote the principle of equality into the …
Forty Years In The Desert, Paul F. Campos
Forty Years In The Desert, Paul F. Campos
Publications
The author uses Brown v. Board of Education and the volumes of commentary it has provoked to illustrate that coherent constitutional interpretation is a useless exercise. He argues that the decision should be accepted as political reality and moral necessity and that we should cease debating its merit as constitutional interpretation.
The Religious Freedom Restoration Act: Letting The Fox Into The Henhouse Under Cover Of Section 5 Of The Fourteenth Amendment, Marci A. Hamilton
The Religious Freedom Restoration Act: Letting The Fox Into The Henhouse Under Cover Of Section 5 Of The Fourteenth Amendment, Marci A. Hamilton
Cardozo Law Review
The Religious Freedom Restoration Act ("RFRA") has now been in effect for over a year. RFRA is an understandable, but unconstitutional, attempt to supplement the contemporary Supreme Court's crabbed reading of the Free Exercise Clause. In a nutshell, RFRA sets the standard of review-the "compelling interest" test-to be applied to federal and state law burdening the free exercise of religious conduct. RFRA has already been employed to decide a series of cases, most of which were brought by prison inmates. The time rapidly approaches when the courts of appeals, and even the Supreme Court, will be asked to pass on …
Freedom From Incarceration: Why Is This Right Different From All Other Rights?, Sherry F. Colb
Freedom From Incarceration: Why Is This Right Different From All Other Rights?, Sherry F. Colb
Cornell Law Faculty Publications
American constitutional jurisprudence has long accepted the notion that the exercise of certain rights can only be restricted by the government if the restriction satisfies strict scrutiny. The Supreme Court has identified such rights as fundamental often by relying on an expansive interpretation of the word "liberty" in the due process clause of the fourteenth amendment. In this Article, Professor Colb argues that the Supreme Court has failed to recognize the right to physical liberty itself as a fundamental right. She demonstrates that at present conduct that is not itself constitutionally protected may serve as the basis for imprisonment even …
Go Home Stranger: An Analysis Of Unequal Workers' Compensation Death Benefits To Nonresident Alien Beneficiaries, Adam S. Hersh
Go Home Stranger: An Analysis Of Unequal Workers' Compensation Death Benefits To Nonresident Alien Beneficiaries, Adam S. Hersh
Florida State University Law Review
No abstract provided.
A Precarious Path: The Bill Of Rights After 200 Years, Tony A. Freyer
A Precarious Path: The Bill Of Rights After 200 Years, Tony A. Freyer
Vanderbilt Law Review
The Bill of Rights occupies an ambiguous place in American society. Americans favor the Bill of Rights in principle, but when asked whether they support particular rights guarantees for real-life practices such as gun ownership, capital punishment, abortion, and flag burning, Americans fervently and profoundly disagree. The essays David J. Bodenhamer and James W. Ely, Jr. have compiled in The Bill of Rights in Modern America After 200 Years, richly suggest why Americans have reconciled principle and practice with such difficulty. Written for a popular audience by specialists who possess a profound knowledge of and differing views concerning the technical …
A Response To Professor Choper: Laying Down Another Ladder, Sheri Lynn Johnson
A Response To Professor Choper: Laying Down Another Ladder, Sheri Lynn Johnson
Cornell Law Faculty Publications
No abstract provided.
"Buying Up Speech": Active Government And The Terms Of The First Amendment And Fourteenth Amendments, William T. Mayton
"Buying Up Speech": Active Government And The Terms Of The First Amendment And Fourteenth Amendments, William T. Mayton
William & Mary Bill of Rights Journal
No abstract provided.
Bi-Partisan Voting: In Re Matthews
Due Process: People V. Morales
Due Process: Alfonso V. Fernandez
Due Process: Manshul Construction Corp. V. New York City School Construction Authority
Due Process: Manshul Construction Corp. V. New York City School Construction Authority
Touro Law Review
No abstract provided.
Due Process: Unification Theological Seminary V. City Of Poughkeepsie
Due Process: Unification Theological Seminary V. City Of Poughkeepsie
Touro Law Review
No abstract provided.
Equal Protection: People V. Childress