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Articles 31 - 44 of 44
Full-Text Articles in Fourteenth Amendment
Equal Protection, Court Of Appeals: Trustees Of Union College V. Schenectady City Council
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
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
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
Due Process, Court Of Appeals: Chaya S. V. Frederick L.
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
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
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
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
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
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
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
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
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
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.