Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (15)
- Civil Rights and Discrimination (8)
- Indigenous, Indian, and Aboriginal Law (7)
- Criminal Procedure (3)
- Fourth Amendment (3)
-
- Supreme Court of the United States (3)
- Criminal Law (2)
- First Amendment (2)
- Jurisprudence (2)
- Law Enforcement and Corrections (2)
- Privacy Law (2)
- Property Law and Real Estate (2)
- Administrative Law (1)
- Air and Space Law (1)
- Courts (1)
- Election Law (1)
- Housing Law (1)
- Human Rights Law (1)
- Immigration Law (1)
- Juvenile Law (1)
- Labor and Employment Law (1)
- Land Use Law (1)
- Law and Philosophy (1)
- Law and Politics (1)
- Law and Race (1)
- Legislation (1)
- National Security Law (1)
- Religion Law (1)
- Keyword
-
- Fourteenth Amendment (9)
- Equal Protection Clause (5)
- Equal protection (5)
- Constitutional law (4)
- Native Americans (4)
-
- American Indian Religious Freedom Act (2)
- Civil rights (2)
- Due process (2)
- Federal Indian law (2)
- Fifteenth Amendment (2)
- Fourth amendment (2)
- Privacy (2)
- Supreme Court of the United States (2)
- Title VII (2)
- AIRFA (1)
- Abortion (1)
- Administration of juvenile justice (1)
- Affirmative action (1)
- American Indians (1)
- Antonin Scalia (1)
- Article V (1)
- Bias (1)
- Boy Scout Oath (1)
- Boy Scouts of America v. Dale (1)
- Brown v. Board of Education (1)
- Bullying (1)
- Bush v. Vera (1)
- CPRA (1)
- California Political Reform Act (1)
- Ceded lands trust (1)
- Publication Year
- Publication
- Publication Type
Articles 1 - 26 of 26
Full-Text Articles in Fourteenth Amendment
Preempted Or Permitted? State Immigration Enforcement, Federal Preemption, And The Future Of Immigration Policy, Aryn Kerr
Oklahoma Law Review
No abstract provided.
No Shelter: The Criminalization Of Homelessness And The Gaps In Constitutional Protections If Robinson Is Overruled, Shelby Stansbury
No Shelter: The Criminalization Of Homelessness And The Gaps In Constitutional Protections If Robinson Is Overruled, Shelby Stansbury
Oklahoma Law Review
No abstract provided.
Malicious Prosecution As Undue Process: A Fourteenth Amendment Theory Of Malicious Prosecution, Timothy Tymkovich, Hayley Stillwell
Malicious Prosecution As Undue Process: A Fourteenth Amendment Theory Of Malicious Prosecution, Timothy Tymkovich, Hayley Stillwell
Faculty Articles
Section 1983 is not itself a source of constitutional rights, but is instead merely a vehicle to vindicate constitutional rights that independently exist. But since the Supreme Court advised in dictum that actions pursuant to § 1983 should be read against the background of tort liability, § 1983 actions based on malicious prosecution have sparked disagreement over where, if anywhere, this cause of action fits within the Constitution. Most recently, the Supreme Court determined that malicious prosecution finds its constitutional home in the Fourth Amendment, so § 1983 claims require a showing of both a Fourth Amendment violation and the …
The Lesser Of Two Evils: Lowering The Constitutional Amendment Bar To Avoid An Unadaptable Constitution, Encouraged Judicial Activism, And Disrupted Federalism, Hayley Stillwell
The Lesser Of Two Evils: Lowering The Constitutional Amendment Bar To Avoid An Unadaptable Constitution, Encouraged Judicial Activism, And Disrupted Federalism, Hayley Stillwell
Faculty Articles
The Constitution has not been amended for nearly three decades. During this time, the line in the sand between political parties has morphed into an impenetrable wall that neither side can or is willing to breach. This begs the question whether the constitutional amendment process in Article V is presently functional. If Article V is no longer functional, then the constitutional amendment process itself needs to be amended. Drastic as this sounds, it is the lesser of two evils. The alternative—accepting that Article V is dead and the Constitution cannot be amended—will lead to a distorted world in which the …
Tinkering With Tinker: Applying A New Test To Peer On Peer Bullying In Social Media, January Turner
Tinkering With Tinker: Applying A New Test To Peer On Peer Bullying In Social Media, January Turner
Oklahoma Journal of Law and Technology
No abstract provided.
Testimony On Unmanned Aircraft Systems Rules And Regulations, Stephen Henderson
Testimony On Unmanned Aircraft Systems Rules And Regulations, Stephen Henderson
Other Faculty Publications
Chairman Barrington, Vice Chair Brooks, members of the Committee on Public Safety, Senators, and distinguished guests, I am grateful for the opportunity to speak to you today about unmanned aerial systems, or drones, and more particularly about their federal constitutional implications and what might be the constitutional restrictions on any legislation you might like to enact. I am the Judge Haskell A. Holloman Professor of Law at the University of Oklahoma, where my teaching and research focus on criminal law and procedure and privacy, including the constitutional rights pertaining thereto.My topic is not an easy one. The constitutional law is …
Testimony On Oklahoma Civil Asset Forfeiture Reform, Stephen Henderson
Testimony On Oklahoma Civil Asset Forfeiture Reform, Stephen Henderson
Other Faculty Publications
I am grateful for the opportunity to speak to you today about Senate Bill 838 and the reform of Oklahoma’s civil asset forfeiture. I am a professor of law at the University of Oklahoma, where my teaching and research focus on criminal law and procedure. I have experience achieving consensus solutions in contested areas of law, most notably in the six years I spent drafting a new set of ABA Criminal Justice Standards, and I know that change is rarely easy. No matter the topic and whatever the status quo, there is sure to be someone who feels it is …
Who Should Be The ‘Decider’ On Keeping Our Secrets?, Stephen Henderson
Who Should Be The ‘Decider’ On Keeping Our Secrets?, Stephen Henderson
Other Faculty Publications
An invited essay for Constitution Day, also available here: http://blogs.law.widener.edu/constitution2013/2013-essay-authors/stephen-henderson/It addresses the national security surveillance disclosed by Edward Snowden and others, and asks whether a fundamental shift would be prudent in the era of Big Data.
The Next Battleground? Personhood, Privacy, And Assisted Reproductive Technologies, Mark Strasser
The Next Battleground? Personhood, Privacy, And Assisted Reproductive Technologies, Mark Strasser
Oklahoma Law Review
No abstract provided.
Achieving Fundamental Fairness For Oklahoma's Juveniles: The Role For Competency In Juvenile Proceedings, Mary Sue Backus
Achieving Fundamental Fairness For Oklahoma's Juveniles: The Role For Competency In Juvenile Proceedings, Mary Sue Backus
Oklahoma Law Review
No abstract provided.
When The Evil Day Comes, Will Title Vii's Disparate Impact Provision Be Narrowly Tailored To Survive An Equal Protection Clause Challenge, Eang Ngov
Faculty Articles
"The road to hell is paved with good intentions." Employers must be careful about the intentional and unintentional effect of their employment practices, even when acting with good motive. Title VII’s disparate impact provision holds employers liable for employment practices that cause an adverse impact on racial groups, even when the employment practice applies equally to all groups and was not implemented to disadvantage a particular group. A prima facie case of disparate impact can arise solely based on numbers - a comparison between the rate at which one racial group passes a test or is selected for hiring or …
The Latest Phase Of Negro Disfranchisement [1912 Reprint From The Harvard Law Review], Julien C. Monnet
The Latest Phase Of Negro Disfranchisement [1912 Reprint From The Harvard Law Review], Julien C. Monnet
Oklahoma Law Review
No abstract provided.
War And Peace Between Title Vii's Disparate Impact Provision And The Equal Protection Clause: Battling For A Compelling Interest, Eang Ngov
Faculty Articles
“[T]he war between disparate impact and equal protection will be waged sooner or later, and it behooves us to begin thinking about how – and on what terms – to make peace between them.” This Article addresses Justice Scalia’s premonition in Ricci v. DeStefano by providing an analysis of how that war may be waged and whether peace can be made between Title VII’s disparate impact provision and the Equal Protection Clause. Ricci involved a challenge to the City of New Haven’s decision to void the test results of an examination required for promotion within the City’s fire department. The …
Native Hawaiians And The Ceded Lands Trust: Applying Self-Determination As An Alternative To The Equal Protection Analysis, R. Hōkūlei Lindsey
Native Hawaiians And The Ceded Lands Trust: Applying Self-Determination As An Alternative To The Equal Protection Analysis, R. Hōkūlei Lindsey
American Indian Law Review
No abstract provided.
Winnter, Best Appellate Brief In The 2009 Native American Law Student Association Moot Court Competition, Alex Hagen, J.R. Laplante
Winnter, Best Appellate Brief In The 2009 Native American Law Student Association Moot Court Competition, Alex Hagen, J.R. Laplante
American Indian Law Review
No abstract provided.
Does Due Process Have An Original Meaning? On Originalism, Due Process, Procedural Innovation...And Parking Tickets, Lawrence Rosenthal
Does Due Process Have An Original Meaning? On Originalism, Due Process, Procedural Innovation...And Parking Tickets, Lawrence Rosenthal
Oklahoma Law Review
No abstract provided.
Winner, Best Appellate Brief In The 2005 Native American Law Student Association Moot Court Competition, Brian Mcclatchey, Paul Porter
Winner, Best Appellate Brief In The 2005 Native American Law Student Association Moot Court Competition, Brian Mcclatchey, Paul Porter
American Indian Law Review
No abstract provided.
Student Suspension For Possession Of Contraband In Student Vehicles: Correct Guidance From The Tenth Circuit, Larry Lewis
Student Suspension For Possession Of Contraband In Student Vehicles: Correct Guidance From The Tenth Circuit, Larry Lewis
Oklahoma Law Review
No abstract provided.
Brown And Tee-Hit-Ton, Earl M. Maltz
Winner, Best Appellate Brief In The 2004 Native American Law Student Association Moot Court Competition, Kevin Mcculloch, April Winecke
Winner, Best Appellate Brief In The 2004 Native American Law Student Association Moot Court Competition, Kevin Mcculloch, April Winecke
American Indian Law Review
No abstract provided.
Constitutional Law: Affirmative Action In The Public Sector: The Admissibility Of Post-Enactment Evidence Of Discrimination To Provide A Compelling Governmental Interest, Andrew C. Jayne
Oklahoma Law Review
No abstract provided.
Constitutional Law: Boy Scouts Of America V. Dale: The Scout Oath And Law Survive Government Intrusion, J. Craig Buchan
Constitutional Law: Boy Scouts Of America V. Dale: The Scout Oath And Law Survive Government Intrusion, J. Craig Buchan
Oklahoma Law Review
No abstract provided.
"Invidious" American Indian Tribal Sovereignty: Morton V. Mancari Contra Adarand Constructors, Inc. V. Pena, Rice V. Cayetano, And Other Recent Cases, Frank Shockey
American Indian Law Review
No abstract provided.
City Of Boerne V. Flores Wrecks Rfra: Searching For Nuggets Among The Rubble, John Gatliff
City Of Boerne V. Flores Wrecks Rfra: Searching For Nuggets Among The Rubble, John Gatliff
American Indian Law Review
No abstract provided.
Constitutional Law: Racial And Political Gerrymandering--Different Problems Require Different Solutions, Robert Redwine
Constitutional Law: Racial And Political Gerrymandering--Different Problems Require Different Solutions, Robert Redwine
Oklahoma Law Review
No abstract provided.
Native American Inmates And Prison Grooming Regulations: Today's Justified Scalps: Iron Eyes V. Henry, William Norman
Native American Inmates And Prison Grooming Regulations: Today's Justified Scalps: Iron Eyes V. Henry, William Norman
American Indian Law Review
No abstract provided.