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Articles 1 - 30 of 47
Full-Text Articles in Fourteenth Amendment
The Right To Seek Joy, Tyler Rose Clemons
The Right To Seek Joy, Tyler Rose Clemons
Faculty Publications
Within the past three years, roughly half of American states have restricted access to gender-affirming medical treatment for children. In this article, I argue that these bans violate transgender children’s right to liberty guaranteed by the Fourteenth Amendment’s Due Process Clause. I do so by excavating the Framers’ understanding of liberty as the right to seek joy. Rooted in the philosophies of John Locke and Epicurus, the Framers understood liberty as the right to make important life decisions according to one’s subjective preferences without undue interference from the government. Based on this understanding, I develop a new framework for substantive …
Get Educated: Ask, Tell, And Say Gay, Matthew Oster
Get Educated: Ask, Tell, And Say Gay, Matthew Oster
St. John's Law Review
(Excerpt)
On July 6, 1999, Private Barry Winchell was murdered in his sleep by a fellow soldier for dating a transgender woman. Superiors were aware that Private Winchell was being harassed for dating a transgender woman but took no action to stop it. U.S. Department of Defense Directive 1304.26, commonly referred to as “Don’t Ask, Don’t Tell” (“DADT”), was the policy for the United States military for nearly two decades beginning in 1993. A policy meant to protect “unit cohesion” instead itself engendered hatred and violence among servicemembers. Unfortunately, government-sanctioned discrimination against the LGBTQ+ community did not end with the …
Protecting The Anti-Oppression Legacy Of Obergefell After Dobbs, Tracy Turner
Protecting The Anti-Oppression Legacy Of Obergefell After Dobbs, Tracy Turner
St. John's Law Review
(Excerpt)
This Article contributes to the task of revitalizing Justice Kennedy’s analysis after its absence from Dobbs by explaining the inadequacies not only of the Glucksberg substantive due process test, but also of the Court’s interpretation of the Equal Protection Clause. The flaws in equal protection doctrine include the Court’s overly narrow view of which groups are entitled to protection as “suspect classifications” and its failure to address unintentional government support of systemic discrimination. When these gaps in equal protection doctrine are viewed together with the gaps in the Glucksberg test for substantive due process, the need for Justice Kennedy’s …
Coercive Ideology, Tyler Rose Clemons
Coercive Ideology, Tyler Rose Clemons
Faculty Publications
Current equal protection jurisprudence does not permit challenges to discriminatory government expression, no matter how blatant or extreme. This doctrine, which I label the discriminatory treatment requirement, is a manifestation of anticlassification, the prevailing equal protection framework since the mid-1970s. According to anticlassification, only suspect government classifications implicate the Equal Protection Clause. In this Article, I contend that discriminatory government expression violates the Clause because it contributes integrally to racial subordination. Through a process I call coercive ideology, discriminatory government expression serves as a veiled threat that manipulates individuals into performing public compliance with the dominant ideology. Like the script …
This Isn't A Reality Show: How Social Media Livestreams Of High-Profile Criminal Trials May Violate One's Right To A Fair Trial, Ryan Fenn
St. John's Law Review
(Excerpt)
Since the invention of television in 1927, the American legal system faced drastic changes. In 1935, the first trial was broadcast to the public in the case of Bruno Hauptmann. During the trial, “[e]laborate telegraph equipment” was installed in the courtroom, with “sound and motion picture equipment . . . plainly visible in the [courtroom] balcony.” From 1935 on, broadcasting technology has been utilized in the courtroom to convey the inner workings of certain courts to the public, which has stimulated debate over whether the use of this technology is conducive to a fair trial under the Sixth and …
Shh! State Legislators Bite Your Tongues: Semantics Dictates The Constitutionality Of Public School "Moment Of Silence" Statutes, Elizabeth Anne Walsh
Shh! State Legislators Bite Your Tongues: Semantics Dictates The Constitutionality Of Public School "Moment Of Silence" Statutes, Elizabeth Anne Walsh
The Catholic Lawyer
No abstract provided.
Silent Protest: A Catholic Justice Dissents In Buck V. Bell, Phillip Thompson
Silent Protest: A Catholic Justice Dissents In Buck V. Bell, Phillip Thompson
The Catholic Lawyer
No abstract provided.
Legal/Legislative Issues In Euthanasia And Physician-Assisted Suicide, Edward Grant
Legal/Legislative Issues In Euthanasia And Physician-Assisted Suicide, Edward Grant
The Catholic Lawyer
No abstract provided.
The Right To Self-Directed Death: Reconsidering An Ancient Proscription, G. Steven Neeley
The Right To Self-Directed Death: Reconsidering An Ancient Proscription, G. Steven Neeley
The Catholic Lawyer
No abstract provided.
Bray V. Alexandria Women's Health Clinic: Abortion Protesters Are Not Liable Under The Ku Klux Klan Act, Sue Mota
The Catholic Lawyer
No abstract provided.
The Equal Rights Amendment: A Legal Assessment, Wilfred R. Caron
The Equal Rights Amendment: A Legal Assessment, Wilfred R. Caron
The Catholic Lawyer
No abstract provided.
Abortion And The Conscience Of The Nation, Ronald Reagan
Abortion And The Conscience Of The Nation, Ronald Reagan
The Catholic Lawyer
No abstract provided.
Humane Provisions For Aborted Human Remains, Patrick Monaghan
Humane Provisions For Aborted Human Remains, Patrick Monaghan
The Catholic Lawyer
No abstract provided.
Human Life Federalism Amendment - I. Legal Aspects, Professor John S. Noonan, University Of California
Human Life Federalism Amendment - I. Legal Aspects, Professor John S. Noonan, University Of California
The Catholic Lawyer
No abstract provided.
Human Life Federalism Amendment - I. Legal Aspects, Dennis J. Horan, Esq.
Human Life Federalism Amendment - I. Legal Aspects, Dennis J. Horan, Esq.
The Catholic Lawyer
No abstract provided.
Human Life Federalism Amendment - I. Legal Aspects, Wilfred R. Caron, General Counsel, United States Catholic Conference
Human Life Federalism Amendment - I. Legal Aspects, Wilfred R. Caron, General Counsel, United States Catholic Conference
The Catholic Lawyer
No abstract provided.
The Establishment Clause - The Expanding Definition Of Excessive Entanglement: Gilfillan V. City Of Philadelphia, Joseph J. Tesoriero
The Establishment Clause - The Expanding Definition Of Excessive Entanglement: Gilfillan V. City Of Philadelphia, Joseph J. Tesoriero
The Catholic Lawyer
No abstract provided.
Critical Abortion Litigation, Dennis J. Hoaran, Hinshaw, Culbertson, Hobon & Fuller Chicago, Illinois
Critical Abortion Litigation, Dennis J. Hoaran, Hinshaw, Culbertson, Hobon & Fuller Chicago, Illinois
The Catholic Lawyer
No abstract provided.
Photography And The Right To Privacy: The French And American Approaches, W. J. Wagner
Photography And The Right To Privacy: The French And American Approaches, W. J. Wagner
The Catholic Lawyer
No abstract provided.
National Origin Discrimination Against Americans Of Southern And Eastern European Ancestry: A Review Of The Legal History And Judicial Interpretations, Rachel Rossoni Munafo
National Origin Discrimination Against Americans Of Southern And Eastern European Ancestry: A Review Of The Legal History And Judicial Interpretations, Rachel Rossoni Munafo
The Catholic Lawyer
No abstract provided.
Wade & Bolton: Fundamental Legal Errors And Dangerous Implications, Robert M. Byrn
Wade & Bolton: Fundamental Legal Errors And Dangerous Implications, Robert M. Byrn
The Catholic Lawyer
No abstract provided.
The Right To Abortion: Expansion Of The Right To Privacy Through The Fourteenth Amendment, David Goldenberg
The Right To Abortion: Expansion Of The Right To Privacy Through The Fourteenth Amendment, David Goldenberg
The Catholic Lawyer
No abstract provided.
Obscenity Law: Après Stanley, Le Deluge?, Michael J. Gaynor
Obscenity Law: Après Stanley, Le Deluge?, Michael J. Gaynor
The Catholic Lawyer
No abstract provided.
Recent Abortion Litigation, Martin F. Mckernan, Jr.
Recent Abortion Litigation, Martin F. Mckernan, Jr.
The Catholic Lawyer
No abstract provided.
Discrimination In Employment, Housing, And Education: Constitutional Concepts And Social Theories, Frederick D. Braid
Discrimination In Employment, Housing, And Education: Constitutional Concepts And Social Theories, Frederick D. Braid
The Catholic Lawyer
No abstract provided.
Thompson V. Shapiro: Residence Requirements And The Right To Life
Thompson V. Shapiro: Residence Requirements And The Right To Life
The Catholic Lawyer
No abstract provided.
Statute Requiring Period Of Residency For Receipt Of Welfare Benefits Held Violative Of The Equal Protection Clause
The Catholic Lawyer
No abstract provided.
Sit-In Conduct Held Constitutionally Protected
Sit-In Conduct Held Constitutionally Protected
The Catholic Lawyer
No abstract provided.
Payment Of A Fee As An "Electoral Standard" Held Violative Of Fourteenth Amendment
Payment Of A Fee As An "Electoral Standard" Held Violative Of Fourteenth Amendment
The Catholic Lawyer
No abstract provided.
State Not Required To Provide Counsel On Appeal To Supreme Court
State Not Required To Provide Counsel On Appeal To Supreme Court
The Catholic Lawyer
No abstract provided.