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- Fourteenth Amendment (23)
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Articles 31 - 60 of 60
Full-Text Articles in Fourteenth Amendment
Protecting The Right To Marital Property: Ensuring A Full Equitable Distribution Award With Fraudulent Conveyance Law, Benjamin M. Ellis
Protecting The Right To Marital Property: Ensuring A Full Equitable Distribution Award With Fraudulent Conveyance Law, Benjamin M. Ellis
Cardozo Law Review
No abstract provided.
Identifying State Actors In Constitutional Litigation: Reviving The Role Of Substantive Context, Michael L. Wells
Identifying State Actors In Constitutional Litigation: Reviving The Role Of Substantive Context, Michael L. Wells
Cardozo Law Review
No abstract provided.
The Murky Depths Of The Entry Fiction Doctrine: The Plight Of Inadmissible Aliens Post-Zadvydas, Allison Wexler
The Murky Depths Of The Entry Fiction Doctrine: The Plight Of Inadmissible Aliens Post-Zadvydas, Allison Wexler
Cardozo Law Review
No abstract provided.
Barely Opening, Then Slamming Shut, Science's "Black Box" In Law: A Response To Beecher-Monas's Heuristics, David S. Caudill
Barely Opening, Then Slamming Shut, Science's "Black Box" In Law: A Response To Beecher-Monas's Heuristics, David S. Caudill
Cardozo Law Review
No abstract provided.
Respecting Pandora's Box, Erica Beecher-Monas
Respecting Pandora's Box, Erica Beecher-Monas
Cardozo Law Review
No abstract provided.
The Concept Of Equality In Civil Procedure, William B. Rubenstein
The Concept Of Equality In Civil Procedure, William B. Rubenstein
Cardozo Law Review
No abstract provided.
The Wrong Vampire, Garrett Epps
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.
Delegation As A Danger To Liberty, Nadine Strossen
Delegation As A Danger To Liberty, Nadine Strossen
Cardozo Law Review
No abstract provided.
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 …
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 …
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
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.
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.
In Memory Of Monrad G. Paulsen, Walter J. Wadlington
In Memory Of Monrad G. Paulsen, Walter J. Wadlington
Cardozo Law Review
No abstract provided.
Finberg V. Sullivan: Protecting Exempt Funds From Postjudgment Seizure, Eric M. Schmidt
Finberg V. Sullivan: Protecting Exempt Funds From Postjudgment Seizure, Eric M. Schmidt
Cardozo Law Review
No abstract provided.
Ordered Liberty: Cardozo And The Constitution, John T. Noonan Jr.
Ordered Liberty: Cardozo And The Constitution, John T. Noonan Jr.
Cardozo Law Review
No abstract provided.