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- Fourteenth Amendment (38)
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Articles 121 - 150 of 152
Full-Text Articles in Fourteenth Amendment
Facing Facts: Only A Constitutional Amendment Can Guarantee Religious Freedom For All, Michael P. Farris
Facing Facts: Only A Constitutional Amendment Can Guarantee Religious Freedom For All, Michael P. Farris
Cardozo Law Review
No abstract provided.
The Reaffirmation Of Proportionality Analysis Under Section 5 Of The Fourteenth Amendment, Marci A. Hamilton, David Schoenbrod
The Reaffirmation Of Proportionality Analysis Under Section 5 Of The Fourteenth Amendment, Marci A. Hamilton, David Schoenbrod
Cardozo Law Review
No abstract provided.
The Inevitable Infidelities Of Constitutional Translation: The Case Of The New Deal, John O. Mcginnis
The Inevitable Infidelities Of Constitutional Translation: The Case Of The New Deal, John O. Mcginnis
Articles
No abstract provided.
Difficult Maneuvers In Discourse Against Latina Immigrants In The United States, Josh Price
Difficult Maneuvers In Discourse Against Latina Immigrants In The United States, Josh Price
Cardozo Journal of International and Comparative Law
The article critiques the tendency to homogenize violence against women, emphasizing the importance of recognizing its diverse forms and contexts. It focuses on the experiences of immigrant Latinas, particularly those in abusive relationships, and explores how legal, cultural, and ideological factors uniquely constrain their options. By examining the work of a Latina activist, the analysis highlights the need to address the intersection of gender, immigration, and domestic violence through a more nuanced lens. The article advocates for structural changes to empower immigrant women and challenge the existing legal and cultural frameworks that perpetuate their subjugation.
Delegation As A Danger To Liberty, Nadine Strossen
Delegation As A Danger To Liberty, Nadine Strossen
Cardozo Law Review
No abstract provided.
The Ties That Bind, Melissa F. Savage
The Ties That Bind, Melissa F. Savage
Cardozo Journal of Equal Rights & Social Justice
The note examines the evolving legal recognition of foster parents' rights, particularly focusing on the constitutional protections afforded to long-term foster parents under the Due Process Clause of the Fourteenth Amendment. It highlights the significance of the Rodriguez v. McLoughlin case, which established that foster parents who have formed strong emotional bonds with a child and are in the process of adoption may have a constitutionally protected liberty interest in their relationship. The analysis emphasizes the tension between the contractual nature of foster care and the emotional ties that develop, advocating for due process protections for long-term foster parents while …
Inequities Of The Drug War: Legislative Discrimination On The Cocaine Battlefield, Andrew N. Sacher
Inequities Of The Drug War: Legislative Discrimination On The Cocaine Battlefield, Andrew N. Sacher
Cardozo Law Review
No abstract provided.
Moral Dilemmas For The Judiciary At The Millennium: Partial-Birth Abortion And Physician-Assisted Suicide, Laura L. Hirschfeld
Moral Dilemmas For The Judiciary At The Millennium: Partial-Birth Abortion And Physician-Assisted Suicide, Laura L. Hirschfeld
Cardozo Law Review
No abstract provided.
Abolitionist Feminism, Moral Slavery, And The Constitution: “On The Same Platform Of Human Rights”, David A.J. Richards
Abolitionist Feminism, Moral Slavery, And The Constitution: “On The Same Platform Of Human Rights”, David A.J. Richards
Cardozo Law Review
The analogy between race and gender plays an increasingly important role in the interpretation of the Equal Protection Clause of the Fourteenth Amendment. However, interpretive arguments about the analogy make little or no reference to the abolitionist historical background of the Reconstruction Amendments in general and the Fourteenth Amendment in particular. This might make some sense if the only legitimate interpretive appeal to history were Raoul Berger's version of originalism, namely, the specific denoted things (including persons and practices) to which the relevant drafters and ratifiers of the pertinent constitutional text would or would not have applied the language in …
Reflections On “From Slaves To Citizens”, Robert J. Kaczorowski
Reflections On “From Slaves To Citizens”, Robert J. Kaczorowski
Cardozo Law Review
The thesis of Professor Donald Nieman's paper, "From Slaves to Citizens: African-Americans, Rights Consciousness, and Reconstruction," is that the nation experienced a revolution in the United States Constitution and in the consciousness of AfricanAmericans. According to Professor Nieman, the Reconstruction Amendments represented "a dramatic departure from antebellum constitutional principles," because the Thirteenth Amendment reversed the pre-Civil War constitutional guarantee of slavery and "abolish[ed] slavery by federal authority." The Fourteenth Amendment rejected the Supreme Court's "racially-based definition of citizenship [in Dred Scott v. Sandford], clearly establishing a color-blind citizenship" and the Fifteenth Amendment "wrote the principle of equality into the …
The Fifteenth Amendment And "Political Rights", Akhil Reed Amar
The Fifteenth Amendment And "Political Rights", Akhil Reed Amar
Cardozo Law Review
Professor Xi Wang has offered us an altogether exemplary paper on black suffrage. Rather than trying to criticize it, I shall attempt to extend it by picking up where he left off. My main text is the Fifteenth Amendment. I would like to suggest that the best interpretation of the Fifteenth Amendment would read it as encompassing a cluster of political rights; the Amendment protects not only the right to vote, but also the right to hold office, the right to be voted for, the right to vote in a legislature, the right to serve on a jury, and even …
Black Suffrage And The Redefinition Of American Freedom, 1860-1870, Xi Wang
Black Suffrage And The Redefinition Of American Freedom, 1860-1870, Xi Wang
Cardozo Law Review
One of the most important outcomes of the Civil War was the establishment of a new constitutional order. Under this new order, African Americans, a people whose essential human rights had been denied under the old constitutional order, were constitutionally emancipated from slavery and recognized as American citizens. They received the privileges and immunities that white Americans had automatically assumed. Male black Americans also received the right to vote. This new order, as embraced by the Thirteenth, Fourteenth, and Fifteenth Amendments to the Constitution, was a truly remarkable achievement of Reconstruction. What is additionally significant is that these Amendments became …
On The History Of Fathers' Rights And Mothers' Duty Of Care, Sibylla Flügge
On The History Of Fathers' Rights And Mothers' Duty Of Care, Sibylla Flügge
Cardozo Journal of Equal Rights & Social Justice
The article examines the historical evolution of custody rights in Germany, focusing on the shift from maternal preference to increasing recognition of fathers' rights. It argues that the legal system's move toward joint custody and equal parental rights reflects broader societal changes in gender roles, while also critiquing the potential backlash against women's emancipation. The analysis highlights how improvements in fathers' legal standing have often coincided with decreased obligations for men to actively care for children, raising concerns about the practical implications for mothers and children.
An Argument For Universal Pediatric Hiv Testing, Counseling And Treatment, Colin Crawford
An Argument For Universal Pediatric Hiv Testing, Counseling And Treatment, Colin Crawford
Cardozo Journal of Equal Rights & Social Justice
The article argues that mandatory pediatric HIV testing, counseling, and treatment are essential to address a public health emergency, overriding constitutional concerns. The author, Colin Crawford, asserts that early detection and treatment significantly improve the lives of HIV-positive children, making it a compelling state interest that should take precedence over privacy and autonomy concerns.
The Religious Freedom Restoration Act: Letting The Fox Into The Henhouse Under Cover Of Section 5 Of The Fourteenth Amendment, Marci A. Hamilton
The Religious Freedom Restoration Act: Letting The Fox Into The Henhouse Under Cover Of Section 5 Of The Fourteenth Amendment, Marci A. Hamilton
Cardozo Law Review
The Religious Freedom Restoration Act ("RFRA") has now been in effect for over a year. RFRA is an understandable, but unconstitutional, attempt to supplement the contemporary Supreme Court's crabbed reading of the Free Exercise Clause. In a nutshell, RFRA sets the standard of review-the "compelling interest" test-to be applied to federal and state law burdening the free exercise of religious conduct. RFRA has already been employed to decide a series of cases, most of which were brought by prison inmates. The time rapidly approaches when the courts of appeals, and even the Supreme Court, will be asked to pass on …
The Bar Against Challenges To Employment Discrimination Consent Decrees: A Public Choice Perspective, John O. Mcginnis
The Bar Against Challenges To Employment Discrimination Consent Decrees: A Public Choice Perspective, John O. Mcginnis
Articles
No abstract provided.
Timeless Rules: Can Normative Closure And Legal Indeterminacy Be Reconciled?, Charles M. Yablon
Timeless Rules: Can Normative Closure And Legal Indeterminacy Be Reconciled?, Charles M. Yablon
Cardozo Law Review
No abstract provided.
The Constitution Of The People: Frederick Douglass And The Dred Scott Decision, Robert Bernasconi
The Constitution Of The People: Frederick Douglass And The Dred Scott Decision, Robert Bernasconi
Cardozo Law Review
No abstract provided.
My Pizza With Ninó, Alex Kozinski
Metro Broadcasting, Inc. V Fcc: Affirmative Action At The Crossroads Of Constitutional Liberty And Equality, Michel Rosenfeld
Metro Broadcasting, Inc. V Fcc: Affirmative Action At The Crossroads Of Constitutional Liberty And Equality, Michel Rosenfeld
Articles
The article examines the Supreme Court's inconsistent approach to affirmative action, particularly through the lens of *Metro Broadcasting, Inc. v. FCC*, which upheld the FCC's race-based policies to promote broadcast diversity. While the decision aligns with constitutional values of equality and free speech, the Court's opinions fail to coherently reconcile liberty and equality principles. The article argues for a more integrated framework to address the complexities of affirmative action jurisprudence and its intersection with First Amendment rights.
From Parratt To Zinermon: Authorization, Adequacy, And Immunity In A Systematic Analysis Of State Procedure, Daniel S. Feder
From Parratt To Zinermon: Authorization, Adequacy, And Immunity In A Systematic Analysis Of State Procedure, Daniel S. Feder
Cardozo Law Review
No abstract provided.
When Sovereigns Collide: Why America's Figure Skating Competitors Are The Ultimate Losers Under The Amateur Sports Act Of 1978, Jonathan S. Fishbein
When Sovereigns Collide: Why America's Figure Skating Competitors Are The Ultimate Losers Under The Amateur Sports Act Of 1978, Jonathan S. Fishbein
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Section 1983 And The Due Process Clause: Crossing The Constitutional Line, Linda G. Gay
Section 1983 And The Due Process Clause: Crossing The Constitutional Line, Linda G. Gay
Cardozo Law Review
No abstract provided.
Passion In Legal Argument And Judicial Decisionmaking: A Comment On Goldberg V. Kelly, Stephen Wizner
Passion In Legal Argument And Judicial Decisionmaking: A Comment On Goldberg V. Kelly, Stephen Wizner
Cardozo Law Review
No abstract provided.
The New York Lien Law And The Garagemen’S Dilemma: Declining Metal Values Affect The Efficacy Of A Remedy, David A. Gross
The New York Lien Law And The Garagemen’S Dilemma: Declining Metal Values Affect The Efficacy Of A Remedy, David A. Gross
Cardozo Law Review
No abstract provided.
Reportability Of Exposure To The Aids Virus: An Equal Protection Analysis, Donna Costa
Reportability Of Exposure To The Aids Virus: An Equal Protection Analysis, Donna Costa
Cardozo Law Review
No abstract provided.
Due Process, Retroactivity, And The Multiemployer Pension Plan Amendments Act Of 1980: Congress' Arbitrary Means To A Legitimate End, Eric G. Menkes
Due Process, Retroactivity, And The Multiemployer Pension Plan Amendments Act Of 1980: Congress' Arbitrary Means To A Legitimate End, Eric G. Menkes
Cardozo Law Review
No abstract provided.
The Constitutionality Of Section 9-504(3) Of The Uniform Commercial Code: A Question Of State Action And Procedural Due Process, Abe Rappaport
The Constitutionality Of Section 9-504(3) Of The Uniform Commercial Code: A Question Of State Action And Procedural Due Process, Abe Rappaport
Cardozo Law Review
No abstract provided.
Faces Without Features: The Surface Validity Of Criminal Inferences, Peter Lushing
Faces Without Features: The Surface Validity Of Criminal Inferences, Peter Lushing
Articles
The article critiques the Supreme Court's decision in County Court v. Allen, arguing that the Court's approach to evaluating instructed inferences in criminal cases undermines the integrity of the fact-finding process. The central concern is that the Court's methodology, which assesses inferences as applied rather than on their face, fails to address the potential irrationality of such inferences and the pressure they may exert on jurors to convict without thorough consideration of the evidence. The article advocates for a more rigorous standard to ensure the rationality and constitutionality of instructed inferences in criminal trials.
In Memory Of Monrad G. Paulsen, Walter J. Wadlington
In Memory Of Monrad G. Paulsen, Walter J. Wadlington
Cardozo Law Review
No abstract provided.