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Fourteenth Amendment Commons

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Articles 1 - 27 of 27

Full-Text Articles in Fourteenth Amendment

Transgender Equality: An Inflection Point For Equal Protection?, Katie Eyer May 2025

Transgender Equality: An Inflection Point For Equal Protection?, Katie Eyer

University of Cincinnati Law Review

No abstract provided.


Ohio's Unconstitutional Burden Of Proof For Criminal New Trial Motions Based On Newly Discovered Evidence, David B. Alden, Michael P. Koslen Mar 2025

Ohio's Unconstitutional Burden Of Proof For Criminal New Trial Motions Based On Newly Discovered Evidence, David B. Alden, Michael P. Koslen

University of Cincinnati Law Review

No abstract provided.


A Constitutional Right To Counsel In Eviction Proceedings: Solutions To Ohio's Housing Stability Crisis, Audrey M. Woodward Mar 2025

A Constitutional Right To Counsel In Eviction Proceedings: Solutions To Ohio's Housing Stability Crisis, Audrey M. Woodward

University of Cincinnati Law Review

No abstract provided.


Foia Vs. Fair Trial: How The Freedom Of Information Act Limits The Ability To Uncover Brady Material In Federal Post-Conviction Proceedings, Anna Marchiony Dec 2024

Foia Vs. Fair Trial: How The Freedom Of Information Act Limits The Ability To Uncover Brady Material In Federal Post-Conviction Proceedings, Anna Marchiony

University of Cincinnati Law Review

No abstract provided.


The Good, The Bad, And The Gentrified: How The Historical Misuse And Future Potential Of Zoning Laws Impact Urban Development, Megan Vangilder May 2024

The Good, The Bad, And The Gentrified: How The Historical Misuse And Future Potential Of Zoning Laws Impact Urban Development, Megan Vangilder

University of Cincinnati Law Review

No abstract provided.


Constitutional Rights And Retrenchment: The Elusive Promise Of Equal Citizenship, Deborah L. Brake May 2024

Constitutional Rights And Retrenchment: The Elusive Promise Of Equal Citizenship, Deborah L. Brake

University of Cincinnati Law Review

No abstract provided.


Inactive Exercise & Unequal Protection: Espinoza & Carson Under The Equal Protection Clause, Griffith B. Bludworth Oct 2023

Inactive Exercise & Unequal Protection: Espinoza & Carson Under The Equal Protection Clause, Griffith B. Bludworth

University of Cincinnati Law Review

No abstract provided.


Education, The First Amendment, And The Constitution, Erwin Chemerinsky Oct 2023

Education, The First Amendment, And The Constitution, Erwin Chemerinsky

University of Cincinnati Law Review

No abstract provided.


School Matters, Ronna Greff Schneider Oct 2023

School Matters, Ronna Greff Schneider

University of Cincinnati Law Review

No abstract provided.


When Life Begins: A Case Study Of The Unitarian Universalism Faith And Its Potential To Combat Anti-Abortion Legislation, Jennifer O'Rourke May 2023

When Life Begins: A Case Study Of The Unitarian Universalism Faith And Its Potential To Combat Anti-Abortion Legislation, Jennifer O'Rourke

University of Cincinnati Law Review

No abstract provided.


The Eleventh Amendment And Nondiverse Suits Against States, Collin Hong Mar 2023

The Eleventh Amendment And Nondiverse Suits Against States, Collin Hong

University of Cincinnati Law Review

Since Hans v. Louisiana (1890), the Supreme Court has maintained that the Eleventh Amendment protects states from suits by plaintiffs who are citizens of other states and by citizens of that state, despite the text of the Eleventh Amendment specifying that only suits from citizens of other states are barred. Scholars have noted that what therefore protects the states from suits against their own citizens is not the Eleventh Amendment, but rather a common-law immunity that existed between nations at the founding. That immunity applied both to states and to foreign nations. This article argues that just as Congress has …


Mitigating The Discretion Disaster: How Changes In The Law Can Help Fema Effectuate Its Critical Mission, Paul G. Rando May 2022

Mitigating The Discretion Disaster: How Changes In The Law Can Help Fema Effectuate Its Critical Mission, Paul G. Rando

University of Cincinnati Law Review

No abstract provided.


A Tipping Point In Ohio: The Primacy Model As A Path To A Consistent Application Of Judicial Federalism, The Honorable Pierre Bergeron May 2022

A Tipping Point In Ohio: The Primacy Model As A Path To A Consistent Application Of Judicial Federalism, The Honorable Pierre Bergeron

University of Cincinnati Law Review

No abstract provided.


One Vote, Two Votes, Three Votes, Four: How Ranked Choice Voting Burdens Voting Rights And More, Brandon Bryer Dec 2021

One Vote, Two Votes, Three Votes, Four: How Ranked Choice Voting Burdens Voting Rights And More, Brandon Bryer

University of Cincinnati Law Review

No abstract provided.


Innocent Until Suspected Guilty, Rebekah Durham Dec 2021

Innocent Until Suspected Guilty, Rebekah Durham

University of Cincinnati Law Review

No abstract provided.


Reifying Anderson-Burdick: Voter Protection In The Time Of Pandemic And Beyond, Keeley Gogul Oct 2021

Reifying Anderson-Burdick: Voter Protection In The Time Of Pandemic And Beyond, Keeley Gogul

University of Cincinnati Law Review

No abstract provided.


Preclearance And Politics: The Future Of The Voting Rights Act, Paige E. Richardson May 2021

Preclearance And Politics: The Future Of The Voting Rights Act, Paige E. Richardson

University of Cincinnati Law Review

No abstract provided.


Tainted From Their Roots: The Fundamental Unfairness Of Depriving Foreign Nationals Of Counsel In Immigration Court, Jehanzeb Khan May 2021

Tainted From Their Roots: The Fundamental Unfairness Of Depriving Foreign Nationals Of Counsel In Immigration Court, Jehanzeb Khan

University of Cincinnati Law Review

No abstract provided.


Where's The Meat? A Constitutional Analysis Of Arkansas's Law Prohibiting The Use Of "Meat" Terms On Plant-And Cell-Based Products, Christy Wyatt Apr 2021

Where's The Meat? A Constitutional Analysis Of Arkansas's Law Prohibiting The Use Of "Meat" Terms On Plant-And Cell-Based Products, Christy Wyatt

University of Cincinnati Law Review

No abstract provided.


Seize The Day: Renewed Hope For The Permissibility Of In Rem Counterclaims Against The United States Government After The Fifth Circuit's Substituted Opinion In $4,480,466.16?, Evan Gildenblatt Apr 2021

Seize The Day: Renewed Hope For The Permissibility Of In Rem Counterclaims Against The United States Government After The Fifth Circuit's Substituted Opinion In $4,480,466.16?, Evan Gildenblatt

University of Cincinnati Law Review

No abstract provided.


Facial Recognition And The Fourth Amendment In The Wake Of Carpenter V. United States, Matthew Doktor Feb 2021

Facial Recognition And The Fourth Amendment In The Wake Of Carpenter V. United States, Matthew Doktor

University of Cincinnati Law Review

No abstract provided.


The Exclusionary Rule, And The Problem With Search And Seizure Law Under The Ohio Constitution, Corey Bushle Feb 2021

The Exclusionary Rule, And The Problem With Search And Seizure Law Under The Ohio Constitution, Corey Bushle

University of Cincinnati Law Review

No abstract provided.


Untangling Discrimination: The Crown Act And Protecting Black Hair, Alesha Hamilton Feb 2021

Untangling Discrimination: The Crown Act And Protecting Black Hair, Alesha Hamilton

University of Cincinnati Law Review

No abstract provided.


Motion For Leave To File Amicus Curiae Brief And Brief For The National Association For Public Defense And Kentucky Association Of Criminal Defense Lawyers As Amici Curiae In Support Of Petitioner, Sneed V. Burress (U.S. March 24, 2017) (No. 16-8047)., Janet Moore Mar 2017

Motion For Leave To File Amicus Curiae Brief And Brief For The National Association For Public Defense And Kentucky Association Of Criminal Defense Lawyers As Amici Curiae In Support Of Petitioner, Sneed V. Burress (U.S. March 24, 2017) (No. 16-8047)., Janet Moore

Faculty Articles and Other Publications

No abstract provided.


The Negative Effects Of Cumulative Abortion Regulations: Why The 5th Circuit Was Wrong In Upholding Regulations On Medication Abortions (Planned Parenthood Of Greater Texas Surgical Health Services V. Abbott), Benjamin A. Hooper May 2016

The Negative Effects Of Cumulative Abortion Regulations: Why The 5th Circuit Was Wrong In Upholding Regulations On Medication Abortions (Planned Parenthood Of Greater Texas Surgical Health Services V. Abbott), Benjamin A. Hooper

University of Cincinnati Law Review

No abstract provided.


The Pursuit Of Perfection: Congressional Power To Enforce The Reconstruction Amendments, A. Christopher Bryant Jan 2010

The Pursuit Of Perfection: Congressional Power To Enforce The Reconstruction Amendments, A. Christopher Bryant

Faculty Articles and Other Publications

In June 2009 the Supreme Court avoided a decision on the constitutionality of the Voting Rights Act's preclearance requirement, while at the same time managing to foreshadow that provision's ultimate demise. In a separate opinion, Justice Thomas announced that he would have reached the issue and invalidated the preclearance requirement. Conceding that unconstitutional racial discrimination in the administration of elections continued to be an unfortunate reality, he asserted that Congress was not permitted to pursue "perfect compliance" with the Constitution's mandate via the use of "broad prophylactic legislation."

Justice Thomas's statement accurately, though to be sure rather starkly, expressed an …


Mental Health Courts And Title Ii Of The Ada: Accessibility To State Court Systems For Individuals With Mental Disabilities And The Need For Diversion, S. Elizabeth Malloy Jan 2006

Mental Health Courts And Title Ii Of The Ada: Accessibility To State Court Systems For Individuals With Mental Disabilities And The Need For Diversion, S. Elizabeth Malloy

Faculty Articles and Other Publications

Access to the judicial system, a fundamental right that has paramount importance in our society, can often present obstacles to people with disabilities in a variety of significant ways. Yet Title II mandates that state and local judicial facilities be accessible to individuals with disabilities. Recent shifts in paradigmatic approaches to special populations such as drug offenders and offenders with mental disabilities have lead to the creation of mental health courts specifically designed to address the needs of the persons with mental disabilities in order to avoid incarceration. Early outcomes in states like Ohio suggest mental health courts may better …