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Articles 31 - 44 of 44
Full-Text Articles in Fourteenth Amendment
Challenging Land Use Actions Under Section 1983: Washington Law After Mission Springs, Inc. V. City Of Spokane, Eric Jenkins
Challenging Land Use Actions Under Section 1983: Washington Law After Mission Springs, Inc. V. City Of Spokane, Eric Jenkins
Washington Law Review
Federal law, 42 U.S.C. § 1983, provides a cause of action against persons who use state or local law to deprive individuals of constitutional rights. Federal circuit courts have been reluctant to apply § 1983 to commonplace land use grievances because of the local character of land use planning and a belief that only the most egregious misuse of zoning power can implicate a party's substantive due process rights. To limit the number of claims that can be brought under § 1983, the federal circuits have narrowly defined what property rights are protected by the Fourteenth Amendment and have held …
The Duty To Serve And Protect: 42 U.S.C. § 1983 And Police Officers' Liability Following Roadside Abandonment, Michael R. Gotham
The Duty To Serve And Protect: 42 U.S.C. § 1983 And Police Officers' Liability Following Roadside Abandonment, Michael R. Gotham
Washington Law Review
Courts disagree about whether an individual has a cause of action against a police officer under 42 U.S.C. § 1983 when that officer abandoned the individual in a dangerous environment following a traffic stop. Courts have not uniformly recognized an individual's right to personal security in roadside abandonment cases as fundamental and protected by the Fourteenth Amendment. Also, courts have required plaintiffs in these cases to show that an asserted right was clearly established at the time the officer acted in order to overcome the officer's qualified immunity defense. This requirement often bars plaintiffs from recovering under section 1983. This …
Governmental Inaction As As Constitutional Tort: Deshaney And Its Aftermath, Thomas A. Eaton, Michael Wells
Governmental Inaction As As Constitutional Tort: Deshaney And Its Aftermath, Thomas A. Eaton, Michael Wells
Washington Law Review
DeShaney v. Winnebago County Department of Social Services is the Supreme Court's first major effort to define the scope of state and local governments' affirmative obligations under the fourteenth amendment. The Court rejected liability against a county welfare agency and a caseworker for failing to prevent a father from severely beating his four-year-old son. The Court intimated that constitutional affirmative duties exist only where the plaintiff is in the state's custody. Scholarly commentary reads the case as announcing a sweeping prohibition against the imposition of affirmative duties in other contexts. Professors Eaton and Wells demonstrate that the DeShaney opinion is …
Affirmative Action And The Legislative History Of The Fourteenth Amendment, Eric Schnapper
Affirmative Action And The Legislative History Of The Fourteenth Amendment, Eric Schnapper
Articles
This article contends that the legislative history of the fourteenth amendment is not only relevant to but dispositive of the legal dispute over the constitutional standards applicable to race-conscious affirmative action plans. From the closing days of the Civil War until the end of civilian Reconstruction some five years later, Congress adopted a series of social welfare programs whose benefits were expressly limited to blacks. These programs were generally open to all blacks, not only to recently freed slaves, and were adopted over repeatedly expressed objections that such racially exclusive measures were unfair to whites. The race-conscious Reconstruction programs were …
Challenging State Acts Of Authorization Under The Fourteenth Amendment: Suggested Answers To An Uncertain Quest, G. Sidney Buchanan
Challenging State Acts Of Authorization Under The Fourteenth Amendment: Suggested Answers To An Uncertain Quest, G. Sidney Buchanan
Washington Law Review
The holdings in Flagg Brothers and Jackson suggest the central question addressed in this article: To what extent are state acts of authorization immunized from judicial review on the merits? Using the fact situations in Flagg Brothers and Jackson as paradigms, the two types of challenges that can be made in a typical fact situation involving the state action issue are first described. These two models are then discussed in relation to Flagg Brothers, Jackson, and other Supreme Court decisions that implicate the state action issue. With that discussion as a predicate, this article next considers the procedural problems that …
Bradwell V. State: Some Reflections Prompted By Myra Bradwell's Hard Case That Made "Bad Law", Charles E. Corker
Bradwell V. State: Some Reflections Prompted By Myra Bradwell's Hard Case That Made "Bad Law", Charles E. Corker
Washington Law Review
Bradwell and Slaughter-House deserve study together for a second reason. These two decisions provide useful lessons for our time about the Equal Rights Amendment (ERA).10 They demonstrate that the consequences of a constitutional amendment—particularly one written in abstract and grand terms like the fourteenth amendment or the ERA—are unpredictable and dependent upon imponderables such as the sequence of cases on the Court's calendar.
Procedural Due Process And The Rules Of Evidence—Federal Impeachment Of The Voucher Rules—Welcome V. Vincent, 549 F.2d 853 (2d Cir.), Cert. Denied, 97 S. Ct. 2960 (1977), Bruce D. Garrison
Procedural Due Process And The Rules Of Evidence—Federal Impeachment Of The Voucher Rules—Welcome V. Vincent, 549 F.2d 853 (2d Cir.), Cert. Denied, 97 S. Ct. 2960 (1977), Bruce D. Garrison
Washington Law Review
Appellant, Ernest Welcome, was convicted in a New York state supreme court on charges of murdering two real estate brokers in their Bronx office. Before indicting Welcome, the State tried another party, Albert Cunningham, for the same offenses. Cunningham had admitted his participation in the crimes to police, giving an accurate account of the date, time, and location of the shootings. After a separate evidentiary hearing, the state court held that his confession to police had been voluntary and thus was admissible against him. Nevertheless, the charges against Cunningham were dropped in mid-trial. At his trial, Welcome called Cunningham as …
Constitutional Law—The Public Forum In Nontraditional Areas—Lehman V. City Of Shaker Heights, 418 U.S. 298 (1974), David D. Swartling
Constitutional Law—The Public Forum In Nontraditional Areas—Lehman V. City Of Shaker Heights, 418 U.S. 298 (1974), David D. Swartling
Washington Law Review
In 1970, Harry Lehman, a candidate for election to the Ohio state legislature, attempted to purchase advertising space on local buses belonging to the city of Shaker Heights' rapid transit system. Although space was available, the advertising agent for the transit company rejected Lehman's request because its contract with the city proscribed political advertising on buses. Lehman sought a declaratory judgment and an injunction, alleging violation of the first and fourteenth amendments. The trial court denied relief, and the state supreme court affirmed. In a 5-4 decision, the United States Supreme Court affirmed. In the plurality opinion, Justice Blackmun concluded …
Constitutional Law—Mandatory Pregnancy Leave Regulations Are Denial Of Due Process—Cleveland Board Of Education V. Lafleur, 414 U.S. 632 (1974), Daniel Clinton Sever
Constitutional Law—Mandatory Pregnancy Leave Regulations Are Denial Of Due Process—Cleveland Board Of Education V. Lafleur, 414 U.S. 632 (1974), Daniel Clinton Sever
Washington Law Review
Regulations of the Cleveland, Ohio, Board of Education required that every pregnant teacher take a maternity leave at the end of her fourth month of pregnancy. The teacher was eligible for re-employment at the beginning of the school semester immediately after her child attained three months of age, providing she first submitted a doctor's certificate attesting to her health. The school board of Chesterfield County, Virginia, enacted a similar mandatory leave rule. However, Chesterfield County's re-employment rule did not condition the teacher's eligibility for re-employment on the age of her child; it provided that she was eligible for re-employment after …
Constitutional Law—Equal Protection: Supermajority Voting Requirements—Gordon V. Lance, 403 U.S. 1 (1971), Anon
Washington Law Review
On April 29, 1968, the Board of Education of Roane County, West Virginia, submitted to its electorate a proposal calling for the issuance of general obligation bonds, the proceeds of which were to be used for the construction of new school buildings and the improvement of existing educational facilities. At the same election, by separate ballot, the voters were asked to authorize the Board to levy additional taxes to support current expenditures and capital improvements. Both proposals failed to receive the requisite sixty percent affirmative vote and were defeated. Following the election, respondents, a group of concerned parents, appeared before …
Due Process—Administrative Law—Public Assistance: Applicant's Right To A Fair Hearing—Davis V. Toledo Metropolitan Housing Authority, 311 F. Supp. 795 (N.D. Ohio 1970), Anon
Washington Law Review
Plaintiff applied for admission to a low income housing program administered by the Toledo Metropolitan Housing Authority. The Authority's regulation concerning admission to the program provided several standards for determining an applicant's character eligibility. The regulations required that applicants of unqualified character be declared ineligible on the general grounds of "non-desirability." Plaintiff was denied a place on the waiting list for housing program vacancies on those grounds. Her request for the specific facts supporting the Housing Authority's decision was denied, and her appeal for a "fair hearing" to contest the decision was refused. Plaintiff brought suit to enjoin the Housing …
Double Jeopardy And Dual Sovereignty, James M. Feeley
Double Jeopardy And Dual Sovereignty, James M. Feeley
Washington Law Review
This Comment has been prompted by two recent United States Supreme Court decisions, Bartkus v. Illinois, and Abbate v. United States. In the former decision Bartkus, the defendant, was tried in the Federal District Court for the Northern District of Illinois on December 18, 1953, for the robbery of a federally insured savings and loan association of Cicero, Illinois, in violation of a federal statute. There was a jury trial and Bartkus was acquitted. Then on January 8, 1954, Bartkus was indicted by an Illinois grand jury charging a violation of a state robbery statute. This time Bartkus was convicted, …
Constitutional Law—Fourteenth Amendment—Religious Education—Validity Of Released Time Programs, Raymond H. Siderius
Constitutional Law—Fourteenth Amendment—Religious Education—Validity Of Released Time Programs, Raymond H. Siderius
Washington Law Review
In 1948 the Supreme Court (8-1) held invalid under the 14th Amendment a system adopted by the Illinois Board of Education which permitted students, on written request of their parents, to be released during regular school hours for religious instruction or devotion in the public school buildings. McCollum v. Board of Education 333 U.S. 203, 2 A.L.R. 2d 1338 (1948). Under these so-called "released time" plans, non-participating children remain in the classroom and continue some form of secular study. Since the majority opinion in the McCollum case relied in part upon the metaphorical "wall of separation between Church and State," …
Privileges And Immunities Under The Fourteenth Amendment, Lucile Lomen
Privileges And Immunities Under The Fourteenth Amendment, Lucile Lomen
Washington Law Review
At the close of the Civil War, the federal government was faced with the serious problem of protecting the newly freed negro from restrictions which the state governments might see fit to impose upon him. The War had been won and the negro freed, but there was no power in the federal government which could insure his civil liberties against state action. The Bill of Rights formed a bulwark against invasion of personal rights by the federal government, but it had no application to other jurisdictions. It was to remedy this situation that the Fourteenth Amendment was proposed and adopted. …