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Articles 31 - 47 of 47
Full-Text Articles in Fourteenth Amendment
Beware The Friends You Keep And The Places You Sleep: The Fourth Amendments Limited Protection Over Visitors And Their Belongings, Alysha C. Preston
Beware The Friends You Keep And The Places You Sleep: The Fourth Amendments Limited Protection Over Visitors And Their Belongings, Alysha C. Preston
St. John's Law Review
(Excerpt)
This Note concludes that the Arizona Supreme Court correctly applied the possession test and strongly urges the Supreme Court to address the issue and follow in Arizona’s footsteps. The possession test not only provides the best guidance for both officers and courts, but also provides the most precision and clarity. More importantly, this approach aligns with current Supreme Court case law and conforms to established Fourth Amendment principles. Holding otherwise would gravely undermine policy, disregard current precedents, and undervalue the sole purpose for the Fourth Amendment’s existence: to protect one’s reasonable expectation of privacy. Part I examines the scope …
De Jure Integration In Education, Bernard E. Gegan
De Jure Integration In Education, Bernard E. Gegan
The Catholic Lawyer
No abstract provided.
The Proposed Prayer And Bible-Reading Amendments: Contrasting Views, William J. Kenealy, S.J., William B. Ball
The Proposed Prayer And Bible-Reading Amendments: Contrasting Views, William J. Kenealy, S.J., William B. Ball
The Catholic Lawyer
No abstract provided.
Attempted Elimination Of School Segregation Through Zoning Held Invalid
Attempted Elimination Of School Segregation Through Zoning Held Invalid
The Catholic Lawyer
No abstract provided.
Recent Decision: Mandatory Identification Statute Held Unconstitutional
Recent Decision: Mandatory Identification Statute Held Unconstitutional
The Catholic Lawyer
No abstract provided.
The "Higher Law" Doctrine In Bracton And St. Thomas, Charles M. Whelan, S.J.
The "Higher Law" Doctrine In Bracton And St. Thomas, Charles M. Whelan, S.J.
The Catholic Lawyer
No abstract provided.
Note: Compulsory Medical Treatment For Minors And Religious Freedom
Note: Compulsory Medical Treatment For Minors And Religious Freedom
The Catholic Lawyer
No abstract provided.
Survey Of A Decade Of Decisions On The Law Of Obscenity, John Cornelius Hayes
Survey Of A Decade Of Decisions On The Law Of Obscenity, John Cornelius Hayes
The Catholic Lawyer
No abstract provided.
Editorial Comment, Edward T. Fagan
Recent Decision: Religious Oaths
Note: A Daily Prayer For Public Schools
Religious Disestablishment And The Fourteenth Amendment, Joseph M. Snee, S.J.
Religious Disestablishment And The Fourteenth Amendment, Joseph M. Snee, S.J.
The Catholic Lawyer
No abstract provided.
Homosexuality In High School: Recognizing A Student's Right To Privacy, Bari Nadworny
Homosexuality In High School: Recognizing A Student's Right To Privacy, Bari Nadworny
St. John's Law Review
(Excerpt)
This Note argues that high school officials disclosing information about a student's sexual orientation without the student's permission is a violation of the student's constitutional right to informational privacy. Part I examines the Supreme Court's informational privacy jurisprudence. This Part also examines the circuit court opinions that have contributed to the law in this area regarding personal sexual matters. Part II examines the current split of authority between the Third Circuit Court of Appeals, which has held that such a privacy right exists, and the Fifth Circuit Court of Appeals, which has held that it does not. Part III …
No Country For Old Men?: The Non-Preclusive Effect Of The Age Discrimination In Employment Act On § 1983 Age Discrimination Claims, Lauren Tauro
St. John's Law Review
(Excerpt)
This Note argues that the ADEA should not be interpreted to preclude § 1983 constitutional claims for age discrimination in employment. Part I of this Note discusses the history and development of the statutory schemes that provide protection for employees against age discrimination in the workplace: § 1983 of the Civil Rights Act and the ADEA. Part II reviews relevant case law explaining the arguments for and against § 1983 preclusion to illustrate the interaction between § 1983 and the ADEA. Finally, Part III provides an equitable approach for courts to use to analyze § 1983 claims for age …
Blind Injustice: The Supreme Court, Implicit Racial Bias, And The Racial Disparity In The Criminal Justice System, Tyler Rose Clemons
Blind Injustice: The Supreme Court, Implicit Racial Bias, And The Racial Disparity In The Criminal Justice System, Tyler Rose Clemons
Faculty Publications
(Excerpt)
“The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.” This statement by Chief Justice John Roberts in 2007 is alluring in both its grammatical symmetry and its logical simplicity. Yet it encapsulates the naiveté of the view of racial discrimination currently held by the majority of the justices of the Supreme Court of the United States. Chief Justice Roberts’s assertion contains the implied assumption that the only racial discrimination that exists—or at least the only kind that matters under the Constitution—is explicit and susceptible to conscious control. Decades of …
Using The Fourteenth Amendment To Protect The Integrity Of Kinship Foster Families, Jennifer Baum, Teresa J. Grogan
Using The Fourteenth Amendment To Protect The Integrity Of Kinship Foster Families, Jennifer Baum, Teresa J. Grogan
Faculty Publications
(Excerpt)
As children’s advocates, we know well the value of an extended family to a dependency case. Living with a family member is often considered by children removed from their parents to be the “second best.” Such arrangements are often more comforting, less socially stigmatizing, and more capable at facilitating children’s normal daily routines, including school, medical care, and religious training, than stranger foster care. The social and psychological benefits of kinship care are well documented. One recent retrospective study concluded that children in kinship foster care have fewer behavioral problems three years after placement than do children who were …
A Radical Intent, Michael A. Simons
A Radical Intent, Michael A. Simons
Faculty Publications
(Excerpt)
Much of the recent debate regarding constitutional interpretation has focused on the relevance of the Framers' intent. Attorney General Edwin Meese III has urged judges to "resurrect the original meaning of constitutional provisions." In contrast, Justice William Brennan has argued that courts should adapt the Constitution to "cope with current problems and current needs." A key disagreement involves whether the Bill of Rights protects citizens against state as well as federal government abuses. Some scholars have called for a rollback of Supreme Court decisions that incorporate provisions of the Bill of Rights in the fourteenth amendment, arguing that these …