Fourteenth Amendment Commons^™

The Wrong Vampire, Garrett Epps

Cardozo Law Review

No abstract provided.

Facing Facts: Only A Constitutional Amendment Can Guarantee Religious Freedom For All, Michael P. Farris

Cardozo Law Review

No abstract provided.

Introduction: Fidelity, Economic Liberty, And 1937, Editors Of The William And Mary Law Review

William & Mary Law Review

No abstract provided.

The Fragmented Liberty Clause, Rebecca L. Brown

William & Mary Law Review

No abstract provided.

Lochner, Parity, And The Chinese Laundry Cases, David E. Bernstein

William & Mary Law Review

No abstract provided.

Lost Fidelities, Barry Cushman

William & Mary Law Review

No abstract provided.

The Reaffirmation Of Proportionality Analysis Under Section 5 Of The Fourteenth Amendment, Marci A. Hamilton, David Schoenbrod

Cardozo Law Review

No abstract provided.

The Inevitable Infidelities Of Constitutional Translation: The Case Of The New Deal, John O. Mcginnis

Articles

No abstract provided.

The Inevitable Infidelities Of Constitutional Translation: The Case Of The New Deal, John O. Mcginnis

William & Mary Law Review

No abstract provided.

The Fiscal Powers And The 1930s: Entrenchment, John Harrison

William & Mary Law Review

No abstract provided.

United States V. Morrison, Et Al.: Brief Of Law Professors As Amici Curiae In Support Of Petitioners, Evan H. Caminker, Catharine A. Mackinnon, Christina B. Whitman

Appellate Briefs

Interests of the Amici Curiae: This case brings into play two of our basic constitutional commitments: first, to a federal system that both guarantees the States a major role and gives Congress broad responsibility over interstate commerce, and second, to a nationwide guarantee that all persons enjoy the equal protection of the laws. Amici, law professors (identified in an addendum below) who teach and write about constitutional law, the federal courts or jurisprudence, will discuss how the Violence Against Women Act (VAWA) civil rights remedy is an apt response to the combined demands of these constitutional commitments.

In 1994, …

Beyond "Harm": Abandoning The Actual Injury Standard For Certain Prohibited Takings Under The Endangered Species Act By Giving Independent Meaning To "Harassment", Alicia M. Griffin

Vanderbilt Law Review

As new technology and a desire for progress propel us into the next millennium, a corresponding daily depletion of national and worldwide wildlife resources perpetuates the frightening biological problem of species extinction, resulting in "irreplaceable losses" to medicine, science, ecology, and aesthetics. Every species is a part of the intricate and complicated ecosystem; its stability depends on the continued existence of each of its components. Each black-footed ferret, blue whale, and red wolf contributes to the delicate "balance of nature," a state of ecology that must be maintained for humans to survive. Indeed, scientists have derived much-needed knowledge from other …

Multivocal Prejudices And Homo Equality, William N. Eskridge

Indiana Law Journal

Addison C. Harris Lecture, October 27, 1998, Indiana University Law School.

Difficult Maneuvers In Discourse Against Latina Immigrants In The United States, Josh Price

Cardozo Journal of International and Comparative Law

The article critiques the tendency to homogenize violence against women, emphasizing the importance of recognizing its diverse forms and contexts. It focuses on the experiences of immigrant Latinas, particularly those in abusive relationships, and explores how legal, cultural, and ideological factors uniquely constrain their options. By examining the work of a Latina activist, the analysis highlights the need to address the intersection of gender, immigration, and domestic violence through a more nuanced lens. The article advocates for structural changes to empower immigrant women and challenge the existing legal and cultural frameworks that perpetuate their subjugation.

Ramdass V. Angelone 187 F.3d 396 (4th Cir. 1999)

Capital Defense Journal

No abstract provided.

Weeks V. Angelone 176 F.3d 249 (4th Cir. 1999)

Capital Defense Journal

No abstract provided.

Challenging Land Use Actions Under Section 1983: Washington Law After Mission Springs, Inc. V. City Of Spokane, Eric Jenkins

Washington Law Review

Federal law, 42 U.S.C. § 1983, provides a cause of action against persons who use state or local law to deprive individuals of constitutional rights. Federal circuit courts have been reluctant to apply § 1983 to commonplace land use grievances because of the local character of land use planning and a belief that only the most egregious misuse of zoning power can implicate a party's substantive due process rights. To limit the number of claims that can be brought under § 1983, the federal circuits have narrowly defined what property rights are protected by the Fourteenth Amendment and have held …

"Distinctions Without A Difference"; How The Sixth Circuit Misread Romer V. Evans, Jason D. Kimpel

Indiana Law Journal

No abstract provided.

Monuments To The Past In A Leveling Wind, Benjamin Means

Michigan Law Review

Early in the twentieth century, the Emperor Franz Joseph sponsored a monument to Hungary's history - a Millennium Monument containing statues of the country's heroes, as well as statues of the proud sponsor and his family (p. 5). When the communists took over in 1919, the statues of Franz Joseph and the rest of the Hapsburgs were dragged out of the Millennium Monument and replaced with more politically correct statuary (p. 8). Counterrevolutionaries, though, retook the country and reinstated the Hapsburg Statues in the Millennium Monument - until a later regime once again reshuffled the millennial display (pp. 9-10). Professor …

The Constitutional Right Of Poor People To Appeal Without Payment Of Fees: Convergence Of Due Process And Equal Protection In M.L.B. V. S.L.J, Lloyd C. Anderson

University of Michigan Journal of Law Reform

In this Article, Professor Lloyd Anderson examines the recent decision M.L.B. v. S.L.J., in which the United States Supreme Court held that due process and equal protection converge to require that states cannot require indigent parents who seek to appeal decisions terminating their parental rights to pay court costs they cannot afford. Noting that this decision expands the constitutional right of cost-free appeal from criminal to civil cases for the first time, Professor Anderson discusses the characteristics a civil case should have in order to qualify for such a right. Professor Anderson proposes a number of other civil cases, …

Continuing The Trend Toward Equality: The Eradication Of Racially And Sexually Discriminatory Provisions In Private Trusts, Katheryn F. Voyer

William & Mary Bill of Rights Journal

Racially and sexually discriminatory private trusts are presumed to be valid under traditional common law governing dispositions of property. Most courts have held that if the state plays a "passive" role, only private actors are involved and the Fourteenth Amendment is not implicated The United States Supreme Court, however, has declared in one context that discriminatory charitable trusts violate public policy and are unconstitutional. This Note argues that because private trusts involve unlawful state action and are not purely private, courts have an affirmative obligation imposed by the Supreme Court and a moral responsibility because of well-established public policy against …

Keel V. French 162 F.3d 263 (4th Cir. 1998)

Capital Defense Journal

No abstract provided.

Bramblett V. Commonwealth Nos. 981394, 981395, 1999 Wl 101069 (Va. Feb. 26, 1999)

Capital Defense Journal

No abstract provided.

Cherrix V. Commonwealth Nos. 981798, 982063, 1999 Wl 101077 (Va. Feb. 26, 1999)

Capital Defense Journal

No abstract provided.

Swisher V. Commonwealth 506 S.E.2d 763 (Va. 1998)

Capital Defense Journal

No abstract provided.

Calderon V. Coleman 119 S. Ct. 500 (1998)

Capital Defense Journal

No abstract provided.

Jenkins V. Angelone No. 98-13, 1999 Wl 9944 (4th Cir. Jan. 12, 1999)

Capital Defense Journal

No abstract provided.

Johnson V. Moore Nos. 97-33, 97-7801, 1998 Wl 708691 (4th Cir. Sept. 24, 1998)

Capital Defense Journal

No abstract provided.

Sheppard V. Taylor No. 98-12, 1998 Wl 743663 (4th Cir. Oct. 23, 1998)

Capital Defense Journal

No abstract provided.

Hedrick V. Commonwealth Nos. 98-2055, 98-2056, 1999 Wl 101079 (Va. Feb. 26, 1999)

Capital Defense Journal

No abstract provided.