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Articles 421 - 450 of 507
Full-Text Articles in Fourteenth Amendment
Illinois Courts Struggle To Evaluate Race-Neutral Explanations For Peremptory Challenges Under Batson V. Kentucky, 22 J. Marshall L. Rev. 235 (1988), Kevin E. Bry
UIC Law Review
No abstract provided.
Mccleskey V. Kemp: The Supreme Court Pulls The Switch On Future Judicial Challenges To The Death Penalty, 22 J. Marshall L. Rev. 215 (1988), William H. Jones
Mccleskey V. Kemp: The Supreme Court Pulls The Switch On Future Judicial Challenges To The Death Penalty, 22 J. Marshall L. Rev. 215 (1988), William H. Jones
UIC Law Review
No abstract provided.
Enforcement Provisions Of The Civil Rights Act Of 1866: A Legislative History In Light Of Runyon V. Mccrary, The Review Essay And Comments: Reconstructing Reconstruction, Robert J. Kaczorowski
Enforcement Provisions Of The Civil Rights Act Of 1866: A Legislative History In Light Of Runyon V. Mccrary, The Review Essay And Comments: Reconstructing Reconstruction, Robert J. Kaczorowski
Faculty Scholarship
The purpose of this Comment is to examine the history of the enactment and early enforcement of the Civil Rights Act of 1866 from the perspective of the remedies Congress sought to provide to meet the problems that necessitated the legislation. Its main foci are the statute's enforcement provisions and their early implementation, an aspect of the history of the statute that has not been fully considered in relation to section one, the provision that has received the most scholarly attention. The occasion of this study is the Supreme Court's reconsideration of Runyon v. McCrary' in Patterson v. McLean Credit …
Colorado V. Connelly: The Gratuitous Union Of Voluntariness And State Coercion, 21 J. Marshall L. Rev. 199 (1987), James P. Byrne Jr.
Colorado V. Connelly: The Gratuitous Union Of Voluntariness And State Coercion, 21 J. Marshall L. Rev. 199 (1987), James P. Byrne Jr.
UIC Law Review
No abstract provided.
Justice Brennan, Due Process And The Freedom Of Speech: A Celebration Of Speiser V. Randall, 20 J. Marshall L. Rev. 7 (1986), George Anastaplo
Justice Brennan, Due Process And The Freedom Of Speech: A Celebration Of Speiser V. Randall, 20 J. Marshall L. Rev. 7 (1986), George Anastaplo
UIC Law Review
No abstract provided.
Revolutionary Constitutionalism In The Era Of The Civil War And Reconstruction , Robert J. Kaczorowski
Revolutionary Constitutionalism In The Era Of The Civil War And Reconstruction , Robert J. Kaczorowski
Faculty Scholarship
The meaning and scope of the fourteenth amendment and the Civil Rights Act of 1866 remain among the most controversial issues in American constitutional law. Professor Kaczorowski contends that the issues have generated more controversy than they warrant, in part because scholars analyzing the legislative history of the amendment and statute have approached their task with preconceptions reflecting twentieth century legal concerns. He argues that the most important question for the framers was whether national or state governments possessed primary authority to determine and secure the status and rights of American citizens. Relying on records of the congressional debates as …
Washington's Ballot Restriction For Minor Party Candidates: When Is A Primary Not A Primary?, Emily Calhoun
Washington's Ballot Restriction For Minor Party Candidates: When Is A Primary Not A Primary?, Emily Calhoun
Publications
No abstract provided.
Does Mississippi's System For Financing Public Schools From "School Lands" Violate Federal Law?, Richard B. Collins
Does Mississippi's System For Financing Public Schools From "School Lands" Violate Federal Law?, Richard B. Collins
Publications
No abstract provided.
The Constitution And Informational Privacy, Or How So-Called Conservatives Countenance Governmental Intrustion Into A Person's Private Affairs, 18 J. Marshall L. Rev. 871 (1985), Michael P. Seng
UIC Law Review
No abstract provided.
The Constitutionality Of Section 9-504(3) Of The Uniform Commercial Code: A Question Of State Action And Procedural Due Process, Abe Rappaport
The Constitutionality Of Section 9-504(3) Of The Uniform Commercial Code: A Question Of State Action And Procedural Due Process, Abe Rappaport
Cardozo Law Review
No abstract provided.
Liberty And Property In The Supreme Court: A Defense Of Roth And Perry, Peter N. Simon
Liberty And Property In The Supreme Court: A Defense Of Roth And Perry, Peter N. Simon
Publications
No abstract provided.
Martinez V. Bynum, Lewis F. Powell Jr.
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.
Zablocki V. Redhail, Lewis F. Powell Jr.
Zablocki V. Redhail, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
New York V. Cathedral Academy, Lewis F. Powell Jr.
New York V. Cathedral Academy, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Foley V. Connelie, Lewis F. Powell Jr.
Judicial Review In Local Government Law: A Reappraisal, Harold H. Bruff
Judicial Review In Local Government Law: A Reappraisal, Harold H. Bruff
Publications
No abstract provided.
Hortonville Joint School District No. 1 V. Hortonville Education Association, Lewis F. Powell Jr
Hortonville Joint School District No. 1 V. Hortonville Education Association, Lewis F. Powell Jr
Supreme Court Case Files
No abstract provided.
Gerstein V. Pugh, 420 U.S. 103 (1975); In Re Florida Rules Of Criminal Procedure, 309 So. 2d 544 (Fla. 1975), R. Wayne Miller
Gerstein V. Pugh, 420 U.S. 103 (1975); In Re Florida Rules Of Criminal Procedure, 309 So. 2d 544 (Fla. 1975), R. Wayne Miller
Florida State University Law Review
Criminal Procedure- PRELIMINARY HEARINGS- NONADVERSARY JUDICIAL DETERMINATION OF PROBABLE CAUSE TO DETAIN IS PREREQUISITE TO EXTENDED RESTRAINT OF LIBERTY FOLLOWING ARREST.
Doran V. Salem Inn, Inc., Lewis F. Powell Jr.
Doran V. Salem Inn, Inc., Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
The Mississippi Textbook Case, James C. Harvey
The Mississippi Textbook Case, James C. Harvey
North Carolina Central Law Review
No abstract provided.
Constitutional Law--Equal Protection--Minimum Age Requirement For Candidates For Detroit Common Council Violates Equal Protection Clause Of Fourteenth Amendment--Manson V. Edwards*, Michigan Law Review
Constitutional Law--Equal Protection--Minimum Age Requirement For Candidates For Detroit Common Council Violates Equal Protection Clause Of Fourteenth Amendment--Manson V. Edwards*, Michigan Law Review
Michigan Law Review
This Recent Development will discuss the validity and potential impact of the court's selection of the compelling interest test to measure the compliance of Detroit's age restriction on candidacy with the fourteenth amendment. It will also explore the possible state goals sought to be achieved by requiring a minimum age for candidates and examine whether these goals can be viewed as "compelling governmental interests."
Legislative Purpose, Rationality, And Equal Protection, Robert F. Nagel
Legislative Purpose, Rationality, And Equal Protection, Robert F. Nagel
Publications
No abstract provided.
Federalizing Through The Franchise: The Supreme Court And Local Government, R. Perry Sentell Jr.
Federalizing Through The Franchise: The Supreme Court And Local Government, R. Perry Sentell Jr.
Scholarly Works
Decisionmaking at the local government level has been significantly affected by both national legislation and federal court decisions seeking to protect the right to vote. Indeed, Professor Sentell feels that the Supreme Court, through decisions invalidating restrictions on the franchise, has involved itself to an unparalleled degree in heretofore purely local affairs. In examining these decisions, the author queries if legitimate voting regulations may be now imposed by local governments. In so doing he focuses upon the Court's equal protection analysis of extraordinary majority vote requirements and elections restricted to certain segments of the electorate and upon the expansive judicial …
Hawkins V. Town Of Shaw: The Court As City Manager, C. Ronald Ellington, Lawrence F. Jones
Hawkins V. Town Of Shaw: The Court As City Manager, C. Ronald Ellington, Lawrence F. Jones
Scholarly Works
For over one hundred years Congress and the federal courts have pursued the goal of racial equality in the United States. In areas such as voting rights, public accommodations, and housing, Congress and the courts have interacted closely, with broad judicial interpretations upholding major remedial legislation. Moreover, when confronted by official state sources of racial discrimination, courts have traditionally responded to the clear command of the equal protection clause of the fourteenth amendment without awaiting congressional action. Brown v. Board of Education stands as perhaps the best known instance in which a court has, on its own, ordered the elimination …
Constitutional Law--Equal Protection--Property Ownership Qualifications On The Right To Vote In Special Municipal Elections--Cipriano V. City Of Houma, Michigan Law Review
Constitutional Law--Equal Protection--Property Ownership Qualifications On The Right To Vote In Special Municipal Elections--Cipriano V. City Of Houma, Michigan Law Review
Michigan Law Review
Plaintiff, a resident of Houma, Louisiana, who owned no real property, brought a class action seeking to prevent the city from issuing utility revenue bonds approved by a vote of the property taxpayers at a special election. He argued that the Louisiana statute restricting the right to vote in such elections to property owners was unconstitutional. Plaintiff relied on Harper v. Virginia Board of Elections, in which the Supreme Court declared that Virginia's required payment of poll taxes for voting in general elections was a violation of the equal protection clause of the fourteenth amendment. Harper, he claimed, …
Constitutional Law-State Action: Significant Involvement In Ostensibly Private Discriminations-Mulkey V. Reitman, Michigan Law Review
Constitutional Law-State Action: Significant Involvement In Ostensibly Private Discriminations-Mulkey V. Reitman, Michigan Law Review
Michigan Law Review
From 1959 through 1963, the California legislature enacted a series of statutes which prohibited racial discrimination in the sale or rental of housing. Most important among these were the Unruh Civil Rights Act, which proscribed racial discrimination by "business establishments of every kind,'' and the Rumford Fair Housing Act, which prohibited such conduct by anyone in the sale or rental of residential housing containing more than four units. Adverse public reaction to these statutes resulted in an amendment to the California constitution15 by means of an initiative measure in the general election of 1964. This amendment, popularly known as Proposition …
The Ex-Convict's Right To Vote, David H. Getches
Constitutional And Statutory Bases Of Governors' Emergency Powers, F. David Trickey
Constitutional And Statutory Bases Of Governors' Emergency Powers, F. David Trickey
Michigan Law Review
The primary source of executive emergency power is the state constitution, although statutes often codify the constitutional executive emergency authority and occasionally delegate additional legislative police powers to the governor. Most governors are authorized to respond to public emergencies with a variety of extraordinary emergency measures. This study of state constitutional and statutory emergency power provisions has been undertaken in an attempt to evaluate the sources and scope of governors' emergency powers, as well as the limitations upon those powers. Its primary focus will be upon the extreme breadth of executive emergency authority and, in particular, upon the power to …
Zoning Law In Michigan And New Jersey: A Comparative Study, Roger A. Cunningham
Zoning Law In Michigan And New Jersey: A Comparative Study, Roger A. Cunningham
Michigan Law Review
It is one thesis of this article that the "lawyer's view" has generally prevailed in Michigan and that the "planner's view" has generally prevailed in New Jersey. Since the zoning law of these two states is thus fairly representative of the opposing judicial attitudes set forth in the preceding paragraph, they are especially suitable for comparative study. This study begins with a look at the constitutional bases and statutory provisions for zoning. It then proceeds to examine judicial attitudes toward zoning determinations in general and continues by focusing on specific current zoning problems. The conclusions to be drawn from these …