Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (22)
- Civil Rights and Discrimination (9)
- Supreme Court of the United States (9)
- Law and Society (6)
- Legislation (6)
-
- Law and Politics (5)
- State and Local Government Law (5)
- Civil Procedure (4)
- Other Law (4)
- Environmental Law (3)
- Human Rights Law (3)
- Jurisdiction (3)
- Law and Gender (3)
- Sexuality and the Law (3)
- Criminal Law (2)
- Education Law (2)
- Election Law (2)
- First Amendment (2)
- Health Law and Policy (2)
- International Law (2)
- Judges (2)
- Juvenile Law (2)
- Labor and Employment Law (2)
- Law and Race (2)
- President/Executive Department (2)
- Privacy Law (2)
- Social Welfare Law (2)
- Tax Law (2)
- Keyword
-
- Fourteenth Amendment (3)
- Abortion; Civil Rights; Fundamental Rights; Privacy; Gender; Feminism; Supreme Court of the United States; Precedent; Roe v. Wade; Reproductive Rights; Constitutional Law; Precedent; Overrule; Activism; Judicial Activism; State Courts; Law and Politics; Law and Society (1)
- And likeness); Athlete compensation; Direct-revenue sharing; College athletes; NCAA; Student-athlete; Publicity Rights Act; Tax exemptions Tax incentives (1)
- Arkansas (1)
- Bailout Provisions (1)
-
- Bart Hester (1)
- Colorado (1)
- Commerce clause (1)
- Constitution; college admissions; DEI; Equal Protection; Affirmative Action (1)
- Democracy (1)
- Disability Rights; Civil Rights; ADHD; Education Policy; Higher Education; Americans With Disabilities Act; DSM-V; Reasonable Accomodations; Standardized Testing; Law; Policy; College; Admissions; Testing; Graduate; Post-Graduate; Professional; LSAT; MCAT; GMAT; SAT; Varsity Blues Scandal; Discrimination (1)
- Discrimination (1)
- Dormant commerce clause (1)
- Due Process; Substantive Due Process; Individual Rights; Dynamic Due Process (1)
- Due process (1)
- Economic isolationism (1)
- Education; right to education; international human rights; San Antonio Independent School District v. Rodriguez; Baltimore; public school; school financing; Supreme Court of the United States; Fourteenth Amendment; due process (1)
- Elections (1)
- Environmental law; duty to protect; special relationship; industrial revolution; air; water; soil; DeShaney v. Winnebago; federal government; state government; environment; environmental sustainability; environemntal protection; individual liberty; pollution; toxic; global warming; Environmental Protection Agency; EPA; Flint; Flint water crisis; Kyoto Protocol; Paris Climate Accord; deprivation of liberty; due process; Juliana v. United States; Fourteenth Amendment; law; policy (1)
- Equal access (1)
- Equal protection (1)
- Equal protection; State tax uniformity; Tax equity; Rational basis; NIL (name (1)
- Family integrity; due process; adoption; constitution; constitutional right; strict scrutiny; emergency removal; emergency removal exception; parenting; parental rights; child; children; children's bureau; child welfare; custody; abuse; child abuse; Child Protective Services; CPS; Administration for Children's Services; ACS; neglect; neglect of a child; Child Abuse Prevention and Treatment Act; CAPTA; Central Register of Child Abuse; Fourteenth Amendment; family law; child's best interest child custody; Tenenbaum v. Williams; Doe v. Kearney; Jane Crow; law; policy (1)
- Fifteenth Amendment (1)
- First Amendment Law; Constitutional Law; Free Speech; Free Expression; Academic Freedom; Censorship; Equal Protection; Due Process; Fourteenth Amendment (1)
- Gay (1)
- Good-time credits (1)
- Greenholtz v. Inmates of the Nebraska Penal and Correctional Complex (1)
- Greenholz (1)
- Heart of Atlanta Motel v. U.S. (1)
- Publication Year
- Publication
- Publication Type
Articles 1 - 29 of 29
Full-Text Articles in Fourteenth Amendment
Sffa’S Slippery Slope: Doctrinal Creep And The Erosion Of Dei, Madeleine Goedicke
Sffa’S Slippery Slope: Doctrinal Creep And The Erosion Of Dei, Madeleine Goedicke
Brooklyn Law Review
The Court suddenly departed from forty years of affirmative action case law in SFFA, appearing to hold that race can no longer be used as a factor in higher education admissions policies. This Note analyzes the SFFA opinion and the case law it relies on to illustrate the sudden departure from precedent case law while pointing out important exceptions within the opinion that would permit consideration of race in admissions. Regrettably, the SFFA decision has been invokved by litigants seeking to improperly expand the scope of its holding, encompassing the removal of DEI programs from K–12 and higher education institutions. …
A Democratic Defense Of Dynamic Due Process, Miranda Mcgowan
A Democratic Defense Of Dynamic Due Process, Miranda Mcgowan
Brooklyn Law Review
The Supreme Court has purported to vindicate democracy when it has deferred to majorities and refused to protect new unenumerated rights and liberties. Nothing could be further from the truth. An originalist or traditionalist method for identifying protected rights and liberties chains us to a discriminatory past. It bakes in a history of discrimination and political exclusion, skewing the set of individual rights that check majority power today. Originalism and traditionalism, in short, confound democratic legitimacy.
Tax Equity In The Era Of Paid College Athletes, Kathryn Kisska-Schulze, Adam Epstein
Tax Equity In The Era Of Paid College Athletes, Kathryn Kisska-Schulze, Adam Epstein
Brooklyn Law Review
This Article examines the growing use of narrowly tailored state income tax exemptions as a tool to attract elite collegiate athletic talent, focusing on Arkansas’s amended Student-Athlete Publicity Rights Act. Situating this development within the constitutional frameworks of the federal Equal Protection Clause and state uniformity provisions, it analyzes both the economic motivations and legislative intent underlying such policies. As name, image, and likeness (NIL) rights and emerging revenue-sharing models continue to reshape college athlete compensation, states are increasingly pursuing innovative strategies to maintain the competitiveness of their public institutions. Arkansas has emerged as a first mover in this space, …
Two Strikes And A Prisoner’S Out: The Supreme Court’S Bad Call In Lomax V. Ortiz-Marquez, Molly Guptill Manning
Two Strikes And A Prisoner’S Out: The Supreme Court’S Bad Call In Lomax V. Ortiz-Marquez, Molly Guptill Manning
Journal of Law and Policy
Since 1892, federal legislation has provided for the waiver of court filing fees so indigent plaintiffs can access the courts. In 1996, the Prison Litigation Reform Act amended the law. Citing an explosion in the number of prisoner filings (and ignoring the commensurate explosion in the size of the prisoner population), Congress sought to disincentivize prisoners from filing federal actions by denying them an outright waiver and instead requiring them to pay filing fees in installments. It also added a “three strikes” rule. Under the latter provision, if a prisoner files three or more actions or appeals that are dismissed …
Liberty And Equality Under The First Amendment: Scrutinizing Book Bans Through An Equal Protection Framework, Sarah Ryan
Liberty And Equality Under The First Amendment: Scrutinizing Book Bans Through An Equal Protection Framework, Sarah Ryan
Brooklyn Law Review
While the constitutional text refers only to liberty, equality has been recognized as an implicit principle of the First Amendment. The guarantee of free speech ensures an equal opportunity for every voice to be heard. As school book bans proliferate, the consistent targeting of titles containing themes of race or LGBTQIA+ identity reveals a discriminatory motivation on the part of state actors. The resultant infringement on students’ right to receive information, as well as the unequal treatment of particularly-themed content would seemingly run afoul of both the First Amendment and the Equal Protection Clause. Given the broad discretion granted to …
My Body, Whose Choice? A Case For A Fundamental Right To Bodily Autonomy, Miri Trauner
My Body, Whose Choice? A Case For A Fundamental Right To Bodily Autonomy, Miri Trauner
Brooklyn Law Review
In 2022, the US Supreme Court decided Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade and the fundamental right to abortion it had established nearly fifty years prior. The Court’s decision threw into uncertainty the future of not only reproductive rights in this country, but also many other individual rights. At the same time as the decision, the world was still reeling from a global pandemic, and the development of COVID-19 vaccines had spurred widespread controversy over the constitutionality of vaccine mandates. Both advocates for abortion access and opponents to vaccine mandates shared a common cry: “my …
The White Supremacist Structure Ofamerican Zoning Law, Sarah J. Adams-Schoen
The White Supremacist Structure Ofamerican Zoning Law, Sarah J. Adams-Schoen
Brooklyn Law Review
This article disrupts the false narrative of white supremacism that has, for more than a century, cast American land use law as race neutral. In doing so, this article builds on an important but underdeveloped body of legal scholarship elucidating zoning law’s role in creating and perpetuating a separate and unequal dual housing system. It provides primary historical evidence and a clear narrative demonstrating that the defining feature of American zoning law—a strict residential use taxonomy that privileges neighborhoods of restrictively regulated single-family homes and burdens less restrictively regulated residential areas—emerged directly from the facially race-based and facially neutral, but …
Book Review: The Mighty Roe Has Fallen (Probably): A Call To Action As An Antidote To Despair, Loreen Peritz
Book Review: The Mighty Roe Has Fallen (Probably): A Call To Action As An Antidote To Despair, Loreen Peritz
Journal of Law and Policy
Reviewing CONTROLLING WOMEN: WHAT WE MUST DO NOW TO SAVE REPRODUCTIVE FREEDOM. By Kathryn Kolbert & Julie Kay. New York, NY: Hachette Books, 2021. 304 pp., $29.00
The Roberts Court, State Courts, And State Constitutions: Judicial Role Shopping, Ariel L. Bendor, Joshua Segev
The Roberts Court, State Courts, And State Constitutions: Judicial Role Shopping, Ariel L. Bendor, Joshua Segev
Journal of Law and Policy
In this Article we reveal a dual dilemma, both material and institutional, that the Supreme Court in its current composition faces when reviewing liberal state court decisions based on the state constitution. The Article further describes substantive and procedural tactics that the Court adopts to address this dilemma, and illustrates the arguments by analyzing a number of recent Supreme Court decisions. The two dilemmas, the combination of which serve as a “power multiplier,” of sorts, have arisen following the last three appointments to the Supreme Court, which resulted in a solid majority of conservative Justices nominated by Republican presidents. One …
The Historical Diagnosis Criterion Should Not Apply: Reasonable Accommodations In Standardized Testing For Individuals With A Later Diagnosis Of Adhd, Denise Elliot
Journal of Law and Policy
There is a growing number of adults being diagnosed with ADHD who were not diagnosed in childhood, misdiagnosed, or primarily exhibited symptoms in adulthood. Notably, most of the later diagnoses of ADHD in adults are individuals pursuing some level of higher education. Some of the reasons posited for this increase in ADHD diagnoses in higher education may be attributed to increased workloads, decreased structural and community supports, misdiagnosis in childhood, masking, and racial and socioeconomic factors that overlook subpopulations like children of color, female-presenting, and gender-nonbinary children with ADHD. Unfortunately, testing agencies that administer college entrance exams, graduate school entrance …
“A Dollar Ain’T Much If You’Ve Got It”: Freeing Modern-Day Poll Taxes From Anderson-Burdick, Lydia Saltzbart
“A Dollar Ain’T Much If You’Ve Got It”: Freeing Modern-Day Poll Taxes From Anderson-Burdick, Lydia Saltzbart
Journal of Law and Policy
How much should it cost to vote in the United States? The answer is clear from the Supreme Court’s landmark opinion in Harper v. Virginia State Board of Elections—nothing. Yet more than fifty years later, many U.S. voters must jump over financial hurdles to access the franchise. These hurdles have withstood judicial review because the Court has drifted away from Harper and has instead applied the more deferential Anderson-Burdick analysis to modern poll tax claims—requiring voters to demonstrate how severely the cost burdens them. As a result, direct and indirect financial burdens on the vote have proliferated. Millions of voters …
Emergency Removals Without A Court Order: Using The Language Of Emergency To Duck Due Process, Jane Brennan
Emergency Removals Without A Court Order: Using The Language Of Emergency To Duck Due Process, Jane Brennan
Journal of Law and Policy
For a brief moment during the recent September democratic presidential debate, the ugly underbelly of the child welfare system unexpectedly took center stage. When asked about what responsibility Americans need to take to repair the legacy of slavery, the former vice president responded by propagating a myth that Black parents do not know how to parent. Former Vice President Joe Biden said “[w]e bring social workers into homes and parents to help them deal with how to raise their children. It’s not that they don’t want to help. They don’t—they don’t know quite what to do.” What exactly is it …
Splendid Isolation: Va’S Failure To Provide Due Process Protections And Access To Justice To Veterans And Their Caregivers, Yelena Duterte
Splendid Isolation: Va’S Failure To Provide Due Process Protections And Access To Justice To Veterans And Their Caregivers, Yelena Duterte
Journal of Law and Policy
Imagine you are a spouse and caregiver of a severely injured post-9/11 veteran. Your spouse served in the Marine Corps, with several deployments to Iraq. During their last deployment, your spouse sustained a severe traumatic brain injury and suffers from post-traumatic stress disorder. Due to these injuries, they need consistent care throughout the day. Thankfully, upon their return, the VA provided a caregiver program that allowed you to step away from your job and focus on caring for your spouse full time. As part of this program, you received a caregiver stipend of $2,400 per month, healthcare, and support from …
“A Climate Of Lawlessness”: Upholding A Government’S Affirmative Duty To Protect The Environment Using Deshaney’S Special Relationship Exception, Katherine G. Horner
“A Climate Of Lawlessness”: Upholding A Government’S Affirmative Duty To Protect The Environment Using Deshaney’S Special Relationship Exception, Katherine G. Horner
Journal of Law and Policy
The Industrial Revolution introduced an era of exceptional technological advances. However, it also led to rampant environmental pollution and degradation. The proliferation of toxic pollutants in the air, water and soil has led us to the precipice of an unimaginable future; a future defined by climate change. This Note argues for the use of the special relationship exception, affirmed by the Supreme Court in DeShaney v. Winnebago, in environmental litigation in order to uphold governments’ affirmative duty to protect the environment. As federal and state governments have the sole power to regulate environmental pollution and enforce environmental protections, individuals are …
South Dakota V. Wayfair: An Ill-Conceived Blow To The Free Flow Of Interstate Commerce, Revel Shinn Atkinson
South Dakota V. Wayfair: An Ill-Conceived Blow To The Free Flow Of Interstate Commerce, Revel Shinn Atkinson
Brooklyn Journal of Corporate, Financial & Commercial Law
For more than a century, brick-and-mortar retailers have been losing local customers—first with the rise of mail-order houses and then more acutely with the rapid growth of online retail. As a result, states have noticed a significant loss in sales tax revenue. While an equivalent amount of tax is typically still owed to the state in the form of a use tax, which is to be remitted to the state by the customer, because these taxes are not automatically collected at the time of the sale, customers have overwhelmingly elected not to pay them. In an effort to recover this …
Restoring The Rights Multiplier: The Right To An Education In The United States, Katherine Smith Davis, Jeffrey Davis
Restoring The Rights Multiplier: The Right To An Education In The United States, Katherine Smith Davis, Jeffrey Davis
Journal of Law and Policy
In 1973 the U.S. Supreme Court ruled that education was not a fundamental right, leaving in place systems that continue today to perpetrate vast inequities among school districts. Through a comparative analysis of treaties, constitutions, legislation, and international and state judicial decisions, we demonstrate that education is indeed a fundamental human right, though our constitutional jurisprudence has denied its fundamental right status. We use case studies from Baltimore, a typical city whose residents face economic hardships, to reveal the dire consequences of this ruling. Without the right to an education, schoolchildren in poor systems continue to be deprived of the …
Verbal Hate Crimes In The Workplace: The Effect Of Mental And Emotional Injury Of The Lgbt Community On The Commerce Clause, Elizabeth Olsen
Verbal Hate Crimes In The Workplace: The Effect Of Mental And Emotional Injury Of The Lgbt Community On The Commerce Clause, Elizabeth Olsen
Journal of Law and Policy
Mental and emotional abuse, particularly of the LGBT community in the workplace, is not a new phenomenon; however, it is one that is detrimental to both workers and companies, and is becoming increasingly prevalent as more workers are openly identifying as members of the LGBT community. The Hate Crimes Prevention Act should be amended to prevent verbal violence against protected characteristics in the workplace specifically, as workplace verbal abuse has as a significant an impact on companies and businesses, and, in turn, interstate commerce and the Commerce Clause.
A New Voting Rights Act For A New Century: How Liberalizing The Voting Rights Act’S Bailout Provisions Can Help Pass The Voting Rights Advancement Act Of 2017, Mario Q. Fitzgerald
A New Voting Rights Act For A New Century: How Liberalizing The Voting Rights Act’S Bailout Provisions Can Help Pass The Voting Rights Advancement Act Of 2017, Mario Q. Fitzgerald
Brooklyn Law Review
The U.S. Supreme Court struck down the coverage formula of the Voting Rights Act (VRA) in Shelby County. v. Holder in 2013. Members of Congress have attempted to renew the VRA with an updated coverage formula through the Voting Rights Advancement Acts of 2015 and of 2017. Unfortunately, Congressional Republicans have not supported either bill. Even if passed in its current form, the Supreme Court is likely to strike down the Voting Rights Advancement Act of 2017 (VRAA) for violating the principle of “equal sovereignty between the States” as set forth by the Court in Shelby County. Therefore, this note …
The Equal Protection Doctrine In The Age Of Trump: The Example Of Unaccompanied Immigrant Children, Rebecca A. Delfino
The Equal Protection Doctrine In The Age Of Trump: The Example Of Unaccompanied Immigrant Children, Rebecca A. Delfino
Brooklyn Law Review
The Equal Protection Doctrine—the right of equals to equality—has taken on renewed relevance since the 2016 federal election cycle. The values of equality and due process, expressed in the Fifth and Fourteenth Amendments of the United States Constitution, are currently under siege. Laws and institutions central to the core functions of the federal government have been dismantled, repealed, or ignored. In this climate, legislative and executive regulatory solutions are not viable, and the traditional means to remedy inequities and discrimination may no longer work. The only way to protect the long-held democratic value of equality is to challenge the actions …
If It's Tuesday, This Must Be Procreation: Methodology And Subject-Matter In Fourteenth Amendment Pedagogy, William Araiza
If It's Tuesday, This Must Be Procreation: Methodology And Subject-Matter In Fourteenth Amendment Pedagogy, William Araiza
Faculty Scholarship
No abstract provided.
The “Right” Right To Environmental Protection: What We Can Discern From The American And Indian Constitutional Experience, Deepa Badrinarayana
The “Right” Right To Environmental Protection: What We Can Discern From The American And Indian Constitutional Experience, Deepa Badrinarayana
Brooklyn Journal of International Law
Should there be a constitutional right to environmental protection? Arguments for and against are aplenty, but there is no consensus on this issue. Drawing on the experience within the U.S. and Indian Constitutions, this article posits that the right to environmental protection has normative and practical significance, because a constitutional right attaches to an individual and, hence, can protect an individual from environmental harms, whereas environmental laws, that focus primarily on reducing adverse environmental impact on a general population, may not. It further argues that, to be effective, three constitutionally-embedded rights that are central to preserving the right to environmental …
Arming The Second Amendment - And Enforcing The Fourteenth, William Araiza
Arming The Second Amendment - And Enforcing The Fourteenth, William Araiza
Faculty Scholarship
No abstract provided.
The Case For Lgbt Equality: Reviving The Political Process Doctrine And Repurposing The Dormant Commerce Clause, Terri R. Day, Danielle Weatherby
The Case For Lgbt Equality: Reviving The Political Process Doctrine And Repurposing The Dormant Commerce Clause, Terri R. Day, Danielle Weatherby
Brooklyn Law Review
As a reaction to the Supreme Court’s historic marriage equality decision earlier this summer, many Southern state legislators opposing the trend toward LGBT-protective laws have proposed legislation that would essentially prohibit municipalities from carving out new antidiscrimination protections for the LGBT community. Conservative Senator Bart Hester spearheaded the passing of one of these “anti” antidiscrimination laws in Arkansas, and states like Texas, West Virginia, Michigan, and Oklahoma are not far behind. These “Hester-type laws” are strikingly similar to the Colorado amendment struck down by the Romer v. Evans Court 20 years ago. Both the Colorado amendment and the new wave …
Shock Incarceration And Parole: A Process Without Process, Adam Yefet
Shock Incarceration And Parole: A Process Without Process, Adam Yefet
Brooklyn Law Review
The idea that an inmate could possess a liberty interest in parole is a relatively recent development in Fourteenth Amendment law. It was not until 1979, in Greenholtz v. Inmates of the Nebraska Penal and Correctional Complex, that the Supreme Court examined Nebraska’s parole scheme and found that inmates could have a liberty interest in parole. The primary implication of Greenholtz was that parole statutes that contained certain mandatory language could confer upon inmates a liberty interest in parole. Applying the Greenholtz analysis, numerous parole schemes across the country were held to create a liberty interest and to require …
Associations And The Constitution: Four Questions About Four Freedoms, Nelson Tebbe
Associations And The Constitution: Four Questions About Four Freedoms, Nelson Tebbe
Faculty Scholarship
No abstract provided.
New Groups And Old Doctrine: Rethiking Congressional Power To Enforce The Equal Protection Clause, William D. Araiza
New Groups And Old Doctrine: Rethiking Congressional Power To Enforce The Equal Protection Clause, William D. Araiza
Faculty Scholarship
No abstract provided.
Enda Before It Starts: Section 5 Of The Fourteenth Amendment And The Availability Of Damages Awards To Gay State Employees Under The Proposed Employment Non-Discrimination Act, William D. Araiza
Faculty Scholarship
No abstract provided.
Why The Court Loves Batson: Representation-Reinforcement, Colorblindness, And The Jury, Susan Herman
Why The Court Loves Batson: Representation-Reinforcement, Colorblindness, And The Jury, Susan Herman
Faculty Scholarship
No abstract provided.
On Privacy: Constitutional Protection For Personal Liberty, Susan Herman, L. Simonson
On Privacy: Constitutional Protection For Personal Liberty, Susan Herman, L. Simonson
Faculty Scholarship
No abstract provided.