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Fourteenth Amendment Commons

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1994

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Institution
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Articles 1 - 30 of 44

Full-Text Articles in Fourteenth Amendment

The Religious Freedom Restoration Act: Letting The Fox Into The Henhouse Under Cover Of Section 5 Of The Fourteenth Amendment, Marci A. Hamilton Dec 1994

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 …


Freedom From Incarceration: Why Is This Right Different From All Other Rights?, Sherry F. Colb Nov 1994

Freedom From Incarceration: Why Is This Right Different From All Other Rights?, Sherry F. Colb

Cornell Law Faculty Publications

American constitutional jurisprudence has long accepted the notion that the exercise of certain rights can only be restricted by the government if the restriction satisfies strict scrutiny. The Supreme Court has identified such rights as fundamental often by relying on an expansive interpretation of the word "liberty" in the due process clause of the fourteenth amendment. In this Article, Professor Colb argues that the Supreme Court has failed to recognize the right to physical liberty itself as a fundamental right. She demonstrates that at present conduct that is not itself constitutionally protected may serve as the basis for imprisonment even …


Simmons V. South Carolina 114 S. Ct. 2187 (1994) United States Supreme Court Sep 1994

Simmons V. South Carolina 114 S. Ct. 2187 (1994) United States Supreme Court

Capital Defense Journal

No abstract provided.


Tuilaepa V. California Proctor V. California 114 S. Ct. 2630 (1994) United States Supreme Court Sep 1994

Tuilaepa V. California Proctor V. California 114 S. Ct. 2630 (1994) United States Supreme Court

Capital Defense Journal

No abstract provided.


Romano V. Oklahoma 114 S. Ct. 2004 (1994) United States Supreme Court Sep 1994

Romano V. Oklahoma 114 S. Ct. 2004 (1994) United States Supreme Court

Capital Defense Journal

No abstract provided.


If At First You Don't Succeed: The Real And Potential Impact Of Simmons V. South Carolina In Virginia, Barbra Anna Pohl, Cameron P. Turner Sep 1994

If At First You Don't Succeed: The Real And Potential Impact Of Simmons V. South Carolina In Virginia, Barbra Anna Pohl, Cameron P. Turner

Capital Defense Journal

No abstract provided.


Go Home Stranger: An Analysis Of Unequal Workers' Compensation Death Benefits To Nonresident Alien Beneficiaries, Adam S. Hersh Jul 1994

Go Home Stranger: An Analysis Of Unequal Workers' Compensation Death Benefits To Nonresident Alien Beneficiaries, Adam S. Hersh

Florida State University Law Review

No abstract provided.


The Constitution Besieged: The Rise And Demise Of Lochner Era Police Powers Jurisprudence, C. Ian Anderson May 1994

The Constitution Besieged: The Rise And Demise Of Lochner Era Police Powers Jurisprudence, C. Ian Anderson

Michigan Law Review

A Review of The Constitution Besieged: The Rise and Demise of Lochner Era Police Powers Jurisprudence by Howard Gillman


A Precarious Path: The Bill Of Rights After 200 Years, Tony A. Freyer Apr 1994

A Precarious Path: The Bill Of Rights After 200 Years, Tony A. Freyer

Vanderbilt Law Review

The Bill of Rights occupies an ambiguous place in American society. Americans favor the Bill of Rights in principle, but when asked whether they support particular rights guarantees for real-life practices such as gun ownership, capital punishment, abortion, and flag burning, Americans fervently and profoundly disagree. The essays David J. Bodenhamer and James W. Ely, Jr. have compiled in The Bill of Rights in Modern America After 200 Years, richly suggest why Americans have reconciled principle and practice with such difficulty. Written for a popular audience by specialists who possess a profound knowledge of and differing views concerning the technical …


Spencer V. Murray (Spencer I) 5 F.3d 758 (4th Cir. 1993) Mar 1994

Spencer V. Murray (Spencer I) 5 F.3d 758 (4th Cir. 1993)

Capital Defense Journal

No abstract provided.


Ramdass V. Commonwealth 246 Va. 413, 437 S.E.2d 566 (1993) Mar 1994

Ramdass V. Commonwealth 246 Va. 413, 437 S.E.2d 566 (1993)

Capital Defense Journal

No abstract provided.


A Response To Professor Choper: Laying Down Another Ladder, Sheri Lynn Johnson Mar 1994

A Response To Professor Choper: Laying Down Another Ladder, Sheri Lynn Johnson

Cornell Law Faculty Publications

No abstract provided.


"Buying Up Speech": Active Government And The Terms Of The First Amendment And Fourteenth Amendments, William T. Mayton Feb 1994

"Buying Up Speech": Active Government And The Terms Of The First Amendment And Fourteenth Amendments, William T. Mayton

William & Mary Bill of Rights Journal

No abstract provided.


Bi-Partisan Voting: In Re Matthews Jan 1994

Bi-Partisan Voting: In Re Matthews

Touro Law Review

No abstract provided.


Due Process: People V. Morales Jan 1994

Due Process: People V. Morales

Touro Law Review

No abstract provided.


Due Process: People V. Outley Jan 1994

Due Process: People V. Outley

Touro Law Review

No abstract provided.


Due Process: Alfonso V. Fernandez Jan 1994

Due Process: Alfonso V. Fernandez

Touro Law Review

No abstract provided.


Due Process: Manshul Construction Corp. V. New York City School Construction Authority Jan 1994

Due Process: Manshul Construction Corp. V. New York City School Construction Authority

Touro Law Review

No abstract provided.


Due Process: Unification Theological Seminary V. City Of Poughkeepsie Jan 1994

Due Process: Unification Theological Seminary V. City Of Poughkeepsie

Touro Law Review

No abstract provided.


Equal Protection: People V. Childress Jan 1994

Equal Protection: People V. Childress

Touro Law Review

No abstract provided.


Equal Protection: In Re Cooper Jan 1994

Equal Protection: In Re Cooper

Touro Law Review

No abstract provided.


Equal Protection: People V. Rodney Jan 1994

Equal Protection: People V. Rodney

Touro Law Review

No abstract provided.


Equal Protection: New York State Clinical Laboratory Ass'n Inc. V. Kaladjian Jan 1994

Equal Protection: New York State Clinical Laboratory Ass'n Inc. V. Kaladjian

Touro Law Review

No abstract provided.


Challenging The Constitutionality Of President Clinton's Compromise: A Practical Alternative To The Military's Don't Ask, Don't Tell Policy, 28 J. Marshall L. Rev. 179 (1994), Kenneth S. Mclaughlin Jr. Jan 1994

Challenging The Constitutionality Of President Clinton's Compromise: A Practical Alternative To The Military's Don't Ask, Don't Tell Policy, 28 J. Marshall L. Rev. 179 (1994), Kenneth S. Mclaughlin Jr.

UIC Law Review

No abstract provided.


The Scope Of The Fourteenth Amendment Liberty Interest: Does The Constitution Encompass A Right To Define Oneself Out Of Existence? An Exchange Of Views With John A. Powell, Legal Director, American Civil Liberties Union, Robert A. Destro Jan 1994

The Scope Of The Fourteenth Amendment Liberty Interest: Does The Constitution Encompass A Right To Define Oneself Out Of Existence? An Exchange Of Views With John A. Powell, Legal Director, American Civil Liberties Union, Robert A. Destro

Scholarly Articles

No abstract provided.


Can Science Guide Legal Argumentation? The Role Of Metaphor In Constitutional Cases, Stephen J. Safranek Jan 1994

Can Science Guide Legal Argumentation? The Role Of Metaphor In Constitutional Cases, Stephen J. Safranek

Loyola University Chicago Law Journal

No abstract provided.


When Johnny Came Marching Home Again: A Critical Review Of Contemporary Equal Protection Interpretation, Johnny Parker Jan 1994

When Johnny Came Marching Home Again: A Critical Review Of Contemporary Equal Protection Interpretation, Johnny Parker

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


New York's Educational Finance Scheme: Should It Be Declared Unconstitutional?, Janine M. Sarbak Jan 1994

New York's Educational Finance Scheme: Should It Be Declared Unconstitutional?, Janine M. Sarbak

Touro Law Review

No abstract provided.


Apportionment: Longway V. Jefferson County Board Of Supervisors Jan 1994

Apportionment: Longway V. Jefferson County Board Of Supervisors

Touro Law Review

No abstract provided.


Due Process: T.E.A. Marine Automotive Corp. V. Scaduto Jan 1994

Due Process: T.E.A. Marine Automotive Corp. V. Scaduto

Touro Law Review

No abstract provided.