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Fourteenth Amendment Commons

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1998

Discipline
Institution
Keyword
Publication
Publication Type

Articles 31 - 44 of 44

Full-Text Articles in Fourteenth Amendment

Equal Protection, Court Of Appeals: Trustees Of Union College V. Schenectady City Council Jan 1998

Equal Protection, Court Of Appeals: Trustees Of Union College V. Schenectady City Council

Touro Law Review

No abstract provided.


Ruth Bader Ginsburg: Extending The Constitution, 32 J. Marshall L. Rev. 197 (1998), Amy Walsh Jan 1998

Ruth Bader Ginsburg: Extending The Constitution, 32 J. Marshall L. Rev. 197 (1998), Amy Walsh

UIC Law Review

No abstract provided.


Does New York's Death Penalty Statute Violate The New York Constitution?, Honorable Stewart F. Hancock Jr., Christopher Quinn, Richard Klein Jan 1998

Does New York's Death Penalty Statute Violate The New York Constitution?, Honorable Stewart F. Hancock Jr., Christopher Quinn, Richard Klein

Touro Law Review

No abstract provided.


Voting Rights, Eric Lane Jan 1998

Voting Rights, Eric Lane

Touro Law Review

No abstract provided.


Due Process, Court Of Appeals: Chaya S. V. Frederick L. Jan 1998

Due Process, Court Of Appeals: Chaya S. V. Frederick L.

Touro Law Review

No abstract provided.


Due Process, Supreme Court New York County: Ramanadhan V. Wing Jan 1998

Due Process, Supreme Court New York County: Ramanadhan V. Wing

Touro Law Review

No abstract provided.


Equal Protection, Supreme Court, New York County: Walter V. City Of New York Police Department Jan 1998

Equal Protection, Supreme Court, New York County: Walter V. City Of New York Police Department

Touro Law Review

No abstract provided.


Women And The Promise Of Equal Citizenship, Jennifer S. Hendricks Jan 1998

Women And The Promise Of Equal Citizenship, Jennifer S. Hendricks

Publications

Anticipating the decision in United States v. Morrison (2000), holding that the civil rights remedy of the Violence Against Women Act was not a legitimate exercise of Congress's power to enforce the Equal Protection Clause, this article argues that the Act could be upheld as an exercise of Congress's authority under the Citizenship Clause of the Fourteenth Amendment. Congress's authority under the Citizenship Clause is analogous to its authority under the "badges and incidents" doctrine of the Thirteenth Amendment, which allows Congress to provide protection from discriminatory violence. This theory would also guide interpretation of the act to focus on …


Constitutional Law: Racial And Political Gerrymandering--Different Problems Require Different Solutions, Robert Redwine Jan 1998

Constitutional Law: Racial And Political Gerrymandering--Different Problems Require Different Solutions, Robert Redwine

Oklahoma Law Review

No abstract provided.


Congressional Alternatives In The Wake Of City Of Boerne V. Flores: The (Limited) Role Of Congress In Protecting Religious Freedom From State And Local Infringement, Daniel O. Conkle Jan 1998

Congressional Alternatives In The Wake Of City Of Boerne V. Flores: The (Limited) Role Of Congress In Protecting Religious Freedom From State And Local Infringement, Daniel O. Conkle

Articles by Maurer Faculty

This article discusses and analyzes City of Boerne v. Flores, the Supreme Court's 1997 decision invalidating the Religious Freedom Restoration Act of 1993 (RFRA) as applied to state and local governments, and it explores a variety of ways in which Congress might respond to Boerne with legislation that might survive constitutional scrutiny. In particular, the article addresses the following statutory possibilities: more narrowly tailored legislation grounded on Section 5 of the Fourteenth Amendment; RFRA-like legislation grounded on Congress's power over interstate commerce or its power to implement treaties; and spending-power legislation imposing RFRA-like conditions on the receipt of federal funding …


Why Now Is Not The Time For Constitutional Amendment: The Limited Reach Of City Of Boerne V. Flores, Kent Greenawalt Jan 1998

Why Now Is Not The Time For Constitutional Amendment: The Limited Reach Of City Of Boerne V. Flores, Kent Greenawalt

Faculty Scholarship

When the Supreme Court eviscerated the protection of the Free Exercise Clause in Employment Division v. Smith, religious groups and individuals dismayed by the decision chose to pursue statutory relief rather than a constitutional amendment. Now that the Supreme Court has decided in City of Boerne v. Flores that the resulting statute, the Religious Freedom Restoration Act (RFRA or the "Act"), cannot be justified as a congressional exercise of power under the Fourteenth Amendment, many who care deeply about religious liberty may turn to the amendment process as an alternative. Although disappointed by the Flores decision, I believe it is …


Originalism And The Religion Clauses: A Response To Professor George, Kent Greenawalt Jan 1998

Originalism And The Religion Clauses: A Response To Professor George, Kent Greenawalt

Faculty Scholarship

This response to Professor Robert George's thoughtful remarks tries to preserve the flavor of a brief rejoinder in a debate. I sketch differences with him over some major topics, but I do not develop these at length.


Judicial Supremacy And The Settlement Function, Robert F. Nagel Jan 1998

Judicial Supremacy And The Settlement Function, Robert F. Nagel

Publications

No abstract provided.


Subtracting Sexism From The Classroom: Law And Policy In The Debate Over All-Female Math And Science Classes In Public Schools, Carolyn B. Ramsey Jan 1998

Subtracting Sexism From The Classroom: Law And Policy In The Debate Over All-Female Math And Science Classes In Public Schools, Carolyn B. Ramsey

Publications

No abstract provided.