Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (26)
- Civil Rights and Discrimination (17)
- Supreme Court of the United States (11)
- Courts (10)
- Law Enforcement and Corrections (7)
-
- Law and Race (7)
- Legal History (7)
- Law and Gender (6)
- Election Law (4)
- Jurisprudence (4)
- Medical Jurisprudence (4)
- Criminal Procedure (3)
- First Amendment (3)
- Human Rights Law (3)
- Law and Politics (3)
- Legislation (3)
- Litigation (3)
- Sexuality and the Law (3)
- State and Local Government Law (3)
- Education Law (2)
- Judges (2)
- Legal Profession (2)
- Privacy Law (2)
- Torts (2)
- Construction Law (1)
- Family Law (1)
- Fourth Amendment (1)
- Housing Law (1)
- Institution
- Keyword
-
- Supreme Court (9)
- Due Process Clause (8)
- Equal Protection Clause (8)
- Fourteenth Amendment (8)
- Fourteenth amendment (8)
-
- Capital punishment sentencing (7)
- Constitutions (7)
- Federal (7)
- New York (7)
- United States Supreme Court (7)
- 1995) (6)
- Appellate Division (4)
- Assisted suicide (4)
- Discrimination (4)
- Autonomy (3)
- Civil Rights (3)
- Compassion in Dying v. Washington State (3)
- Constitutional Law (3)
- Equal protection clause (3)
- Legal History (3)
- Medical treatment (3)
- Minorities (3)
- New York State constitution (3)
- Race and law (3)
- Strict scrutiny (3)
- Voting (3)
- Women (3)
- African Americans (2)
- Amar (Akhil Reed) (2)
- Attainder Clause (2)
- Publication
-
- Touro Law Review (10)
- Capital Defense Journal (7)
- Cardozo Law Review (4)
- Michigan Law Review (4)
- Articles (3)
-
- Washington and Lee Journal of Civil Rights and Social Justice (3)
- BYU Law Review (2)
- Cardozo Journal of Equal Rights & Social Justice (2)
- Michigan Journal of Race and Law (2)
- Publications (2)
- Cornell Law Faculty Publications (1)
- Faculty Publications (1)
- Journal Articles (1)
- Law Faculty Research Publications (1)
- Law Faculty Scholarly Articles (1)
- Michigan Journal of Gender & Law (1)
- UIC Law Review (1)
- University of Michigan Journal of Law Reform (1)
- Publication Type
Articles 1 - 30 of 47
Full-Text Articles in Fourteenth Amendment
Determining Ripeness Of Substantive Due Process Claims Brought By Landowners Against Local Governments, David S. Mendel
Determining Ripeness Of Substantive Due Process Claims Brought By Landowners Against Local Governments, David S. Mendel
Michigan Law Review
Landowners who sustain economic harm from arbitrary and capricious applications of land use regulations may sue the local government entities responsible for applying those regulations under 42 U.S.C. § 1983, alleging that the local government entities deprived them of substantive due process in violation of the Fourteenth Amendment. A landowner who brings this claim - an "as-applied arbitrary and capricious substantive due process" claim - may in appropriate cases seek declaratory and injunctive relief, damages, and attorney's fees. Despite controversy among courts and commentators over both the definition of property interests protected by the Due Process Clause and the standard …
The Constitution And Racial Preference In Law School Admissions, Robert A. Sedler
The Constitution And Racial Preference In Law School Admissions, Robert A. Sedler
Law Faculty Research Publications
No abstract provided.
The Failure Of The Religious Freedom Restoration Act Under Section 5 Of The Fourteenth Amendment, William W. Van Alstyne
The Failure Of The Religious Freedom Restoration Act Under Section 5 Of The Fourteenth Amendment, William W. Van Alstyne
Faculty Publications
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 …
Attainder And Amendment 2: Romer's Rightness, Akhil Reed Amar
Attainder And Amendment 2: Romer's Rightness, Akhil Reed Amar
Michigan Law Review
Call me silly. In fact, call me terminally silly. For despite Justice Scalia's remarkably confident claim, I believe, and shall try to prove below, that the Romer Court majority opinion invalidating Colorado's Amendment 2 was right both in form and in substance, both logically and sociologically. I stress "form" and "logic" at the outset because I share Justice Scalia's belief in the importance of these things in constitutional adjudication. I also share his commitment to constitutional text, history, and structure, and his suspicion of "free-form" constitutionalism. And so I shall highlight the text, history, and spirit of a constitutional clause …
Is Amendment 2 Really A Bill Of Attainder? Some Questions About Professor Amar's Analysis Of Romer, Roderick M. Hills Jr.
Is Amendment 2 Really A Bill Of Attainder? Some Questions About Professor Amar's Analysis Of Romer, Roderick M. Hills Jr.
Michigan Law Review
As I first discovered as a law student in Professor Amar's classes on legal history and federal courts, it is generally an intellectual treat to listen to Professor Amar's legal analysis, even when he is attacking one's own arguments. So my pleasure at reading Professor Amar's analysis of the Court's decision in Romer v. Evans was only partly dampened by his disapproval of the respondents' brief that I and other plaintiffs' counsel filed with the Court. According to Amar, this respondents' brief provided the Court with "so little help" that it had to rely on an entirely different and much …
Gray V. Netherland 116 S.Ct. 2074 United States Supreme Court
Gray V. Netherland 116 S.Ct. 2074 United States Supreme Court
Capital Defense Journal
No abstract provided.
Clagett V. Commonwealth 252 Va. 79, 472 S.E.2d 263 (1996) Supreme Court Of Virginia
Clagett V. Commonwealth 252 Va. 79, 472 S.E.2d 263 (1996) Supreme Court Of Virginia
Capital Defense Journal
No abstract provided.
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 …
Are The Similarities Between A Woman's Right To Choose An Abortion And The Alleged Right To Assisted Suicide Really Compelling?, Marc Spindelman
Are The Similarities Between A Woman's Right To Choose An Abortion And The Alleged Right To Assisted Suicide Really Compelling?, Marc Spindelman
University of Michigan Journal of Law Reform
In this Article, Marc Spindelman examines the relationship between abortion and assisted suicide. He begins his discussion with the constitutional framework within which courts should consider the assertion that the Due Process Clause of the Fourteenth Amendment protects an individual's decision to commit assisted suicide. The Author then considers and, based on relevant Supreme Court doctrine, rejects the conception of personal autonomy that undergirds the claimed constitutional right to assisted suicide. Finally, the Author points out some legal and cultural distinctions between abortion and assisted suicide, arguing that these distinctions offer courts good reasons for holding that the Fourteenth Amendment's …
Personal Reflections On Adarand Construction Co. V. Pena, Steven H. Hobbs
Personal Reflections On Adarand Construction Co. V. Pena, Steven H. Hobbs
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
At Loggerheads: The Supreme Court And Racial Equality In Public School Education After Missouri V. Jenkins, Roberta M. Harding
At Loggerheads: The Supreme Court And Racial Equality In Public School Education After Missouri V. Jenkins, Roberta M. Harding
Law Faculty Scholarly Articles
June 12th of 1995 marked a somber occasion in the annals of school desegregation litigation. On that day, the United States Supreme Court sent disturbing messages in its opinion in Missouri v. Jenkins. The Court's decision hinders achievement of the objective of school desegregation litigation—providing equal educational opportunities for African-American public school children—and detrimentally impacts other substantive areas of civil rights litigation. This article examines what I believe are several important general consequences of Jenkins's the impairment of a trial judge's discretionary equitable remedial powers; the Court's establishment of a new agenda that sacrifices the interests of African-American …
Democratic National Committee V. Edward J. Rollins: Politics As Usual Or Unusual Politics?, Rachel E. Berry
Democratic National Committee V. Edward J. Rollins: Politics As Usual Or Unusual Politics?, Rachel E. Berry
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Effect, Or No Effect: A Comparison Of Prima Facie Standards Applied In "Disparate Impact" Cases Brought Under The Fair Housing Act (Title Viii), Kristopher E. Ahrend
Effect, Or No Effect: A Comparison Of Prima Facie Standards Applied In "Disparate Impact" Cases Brought Under The Fair Housing Act (Title Viii), Kristopher E. Ahrend
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Sheppard V. Commonwealth 250 Va. 379, 464 S.E.2d 131 (1995) Supreme Court Of Virginia
Sheppard V. Commonwealth 250 Va. 379, 464 S.E.2d 131 (1995) Supreme Court Of Virginia
Capital Defense Journal
No abstract provided.
Maximizing Your Potential: The Effective Use Of Co-Counsel In A Capital Case, Courtney S. Townes
Maximizing Your Potential: The Effective Use Of Co-Counsel In A Capital Case, Courtney S. Townes
Capital Defense Journal
No abstract provided.
Fry V. Commonwealth 250 Va. 413, 463 S.E.2d 433 (1995) Supreme Court Of Virginia
Fry V. Commonwealth 250 Va. 413, 463 S.E.2d 433 (1995) Supreme Court Of Virginia
Capital Defense Journal
No abstract provided.
Litigating Jury Issues In Capital Trials: Constitutional Law And Virginia Procedures, Paula Dyan Effle
Litigating Jury Issues In Capital Trials: Constitutional Law And Virginia Procedures, Paula Dyan Effle
Capital Defense Journal
No abstract provided.
Roach V. Commonwealth 1996 Wl 88107 (Va. 1996) Supreme Court Of Virginia
Roach V. Commonwealth 1996 Wl 88107 (Va. 1996) Supreme Court Of Virginia
Capital Defense Journal
No abstract provided.
A Critical Analysis Of Constitutional Claims For Same-Sex Marriage, Lynn D. Wardle
A Critical Analysis Of Constitutional Claims For Same-Sex Marriage, Lynn D. Wardle
BYU Law Review
No abstract provided.
Adarand Constructors V. Pena: Madisonian Theory As A Justification For Lesser Constitutional Scrutiny Of Federal Race-Conscious Legislation, Russell N. Watterson Jr.
Adarand Constructors V. Pena: Madisonian Theory As A Justification For Lesser Constitutional Scrutiny Of Federal Race-Conscious Legislation, Russell N. Watterson Jr.
BYU Law Review
No abstract provided.
Affirmative Duties, Systemic Harms, And The Due Process Clause, Barbara E. Armacost
Affirmative Duties, Systemic Harms, And The Due Process Clause, Barbara E. Armacost
Michigan Law Review
Part I of the article lays out the major academic criticisms of DeShaney v. Winnebago County Department of Social Services. Part II describes the contours of liability for failure to protect in tort. Part III offers a positive explanation for the strong presumption against governmental liability in failure-to-protect cases: permitting broad liability for failure to protect would involve the courts in second-guessing political decisions about the use of limited community resources. This explanation has two parts. First, as a matter of institutional competence, budgetary decisions about the appropriate level and distribution of public services are better suited to political rather …
To Accomplish Fairness And Justice: Substantive Due Process, 30 J. Marshall L. Rev. 95 (1996), James W. Hilliard
To Accomplish Fairness And Justice: Substantive Due Process, 30 J. Marshall L. Rev. 95 (1996), James W. Hilliard
UIC Law Review
No abstract provided.
Rights And Freedoms Under The State Constitution: A New Deal For Welfare Rights, Sandra M. Stevenson, Eve Cary, Mary Falk, Helen Hershkoff, Robert A. Heverly
Rights And Freedoms Under The State Constitution: A New Deal For Welfare Rights, Sandra M. Stevenson, Eve Cary, Mary Falk, Helen Hershkoff, Robert A. Heverly
Touro Law Review
No abstract provided.
"What's So Magic[Al] About Black Women?" Peremptory Challenges At The Intersection Of Race And Gender, Jean Montoya
"What's So Magic[Al] About Black Women?" Peremptory Challenges At The Intersection Of Race And Gender, Jean Montoya
Michigan Journal of Gender & Law
This Article addresses the evolving constitutional restraints on the exercise of peremptory challenges in jury selection. Approximately ten years ago, in the landmark case of Batson v. Kentucky, the United States Supreme Court held that the Equal Protection Clause forbids prosecutors to exercise race-based peremptory challenges, at least when the excluded jurors and the defendant share the same race. Over the next ten years, the Court extended Batson's reach.