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Fourteenth Amendment Commons

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2006

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Institution
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Articles 31 - 45 of 45

Full-Text Articles in Fourteenth Amendment

Limiting The Presidency To Natural Born Citizens Violates Due Process, 39 J. Marshall L. Rev. 1343 (2006), Paul A. Clark Jan 2006

Limiting The Presidency To Natural Born Citizens Violates Due Process, 39 J. Marshall L. Rev. 1343 (2006), Paul A. Clark

UIC Law Review

No abstract provided.


Disparate Impact And The Adea: So, Who Is Going To Be In The Comparison Group?, 39 J. Marshall L. Rev. 1475 (2006), Timothy Tommaso Jan 2006

Disparate Impact And The Adea: So, Who Is Going To Be In The Comparison Group?, 39 J. Marshall L. Rev. 1475 (2006), Timothy Tommaso

UIC Law Review

No abstract provided.


Johnson V. California: Setting A Constitutional Trap For Prison Officials, Rachel C. Grumberger Jan 2006

Johnson V. California: Setting A Constitutional Trap For Prison Officials, Rachel C. Grumberger

Maryland Law Review

No abstract provided.


Civil Gideon As A Human Right: Is The U.S. Going To Join Step With The Rest Of The Developed World?, Raven Lidman Jan 2006

Civil Gideon As A Human Right: Is The U.S. Going To Join Step With The Rest Of The Developed World?, Raven Lidman

Faculty Articles

This article will discuss the scope of services and rationale for the right to a free lawyer in civil matters as is the case in criminal cases. This right is currently provided in the 49 European member countries in the Council of Europe (COE), Australia, Canada, India, New Zealand, Hong Kong, Japan, Zambia, South Africa, and Brazil. Frequent reference will be made to a chart in the appendix, which condenses extensive information about programs in each of these countries. The article’s general conclusion regarding the foreign programs is that the right to a free lawyer in civil matters is a …


Incarcerated Men And Women, The Equal Protection Clause, And The Requirement Of “Similarly Situated”, Natasha L. Carroll-Ferrary Jan 2006

Incarcerated Men And Women, The Equal Protection Clause, And The Requirement Of “Similarly Situated”, Natasha L. Carroll-Ferrary

NYLS Law Review

No abstract provided.


The Slippery Slope: The Vitality Of Reynolds V. Us After Romer And Lawrence, James Askew Jan 2006

The Slippery Slope: The Vitality Of Reynolds V. Us After Romer And Lawrence, James Askew

Cardozo Journal of Equal Rights & Social Justice

The note argues that the legal prohibition of polygamy, upheld by the landmark case Reynolds v. United States, is increasingly vulnerable in light of recent Supreme Court decisions, particularly *Romer v. Evans* and Lawrence v. Texas. These decisions have expanded individual rights and challenged the constitutionality of laws targeting specific groups, suggesting that the legal framework against polygamy may no longer hold. The author posits that just as same-sex marriage is gaining legal recognition, polygamous marriages should also be reconsidered under these evolving legal standards.


Recent Appellate Court Decisions On Eyewitness Identification, Jerry E. Norton Jan 2006

Recent Appellate Court Decisions On Eyewitness Identification, Jerry E. Norton

Public Interest Law Reporter

No abstract provided.


Headscarves In German Public Schools: Religious Minorities Are Welcome In Germany, Unless — God Forbid — They Are Religious, Ruben Seth Fogel Jan 2006

Headscarves In German Public Schools: Religious Minorities Are Welcome In Germany, Unless — God Forbid — They Are Religious, Ruben Seth Fogel

NYLS Law Review

No abstract provided.


The Riddle Of Hiram Revels, Richard A. Primus Jan 2006

The Riddle Of Hiram Revels, Richard A. Primus

Articles

In 1870, a black man named Hiram Revels was named to represent Mississippi in the Senate. Senate Democrats objected to seating him and pointed out that the Constitution specifies that no person may be a senator who has not been a citizen of the United States for at least nine years. Before the ratification of the Fourteenth Amendment in 1868, the Democrats argued, Revels had not been a citizen on account of the Supreme Court's 1857 decision in Dred Scott v. Sandford. Thus, even if Revels were a citizen in 1870, he had held that status for only two years. …


The Original Intent Of The Fourteenth Amendment: A Conversation With Eric Foner, Eric Foner Jan 2006

The Original Intent Of The Fourteenth Amendment: A Conversation With Eric Foner, Eric Foner

Nevada Law Journal

No abstract provided.


Constitutional Law—Fourteenth Amendment—The Path Leads To Nowhere: The Supreme Court Re-Examines The Trek Through The Political Thicket. Vieth V. Jubelirer, 541 U.S. 267 (2004)., Vanessa L. Kinney Jan 2006

Constitutional Law—Fourteenth Amendment—The Path Leads To Nowhere: The Supreme Court Re-Examines The Trek Through The Political Thicket. Vieth V. Jubelirer, 541 U.S. 267 (2004)., Vanessa L. Kinney

University of Arkansas at Little Rock Law Review

No abstract provided.


Citizenship Theories, Immigration And Nationality Act Section 309 & Nguyen V. Ins: How The Supreme Court Got It Wrong, Rachel Baskin Jan 2006

Citizenship Theories, Immigration And Nationality Act Section 309 & Nguyen V. Ins: How The Supreme Court Got It Wrong, Rachel Baskin

Cardozo Public Law, Policy & Ethics Journal

The note critiques the Supreme Court's decision in *Tuan Anh Nguyen v. INS*, which upheld the constitutionality of Section 309 of the Immigration and Nationality Act (INA). This provision imposes additional requirements for U.S. citizen fathers, unlike mothers, to transmit citizenship to children born abroad. The author argues that the Court's ruling perpetuates gender discrimination and undermines the deeper meaning of citizenship, which should encompass membership, belonging, and substantive ties to the nation rather than mere legal formalities. The analysis draws on republican, communitarian, and liberal theories of citizenship to advocate for a more inclusive and gender-neutral approach to citizenship …


Winner, Best Appellate Brief In The 2005 Native American Law Student Association Moot Court Competition, Brian Mcclatchey, Paul Porter Jan 2006

Winner, Best Appellate Brief In The 2005 Native American Law Student Association Moot Court Competition, Brian Mcclatchey, Paul Porter

American Indian Law Review

No abstract provided.


Lecture: Second Founding: The Story Of The Fourteenth Amendment, Garrett Epps Jan 2006

Lecture: Second Founding: The Story Of The Fourteenth Amendment, Garrett Epps

All Faculty Scholarship

The story of the Framing of the Fourteenth Amendment is a lost story of American history, covered over by Southern inspiring myth making and an unwillingness to grapple with the central role of slavery in American history. Americans can take new inspiration from that story and use it as an example of how our popular democracy can be perfected. Even today, nearly a century and a half after the Second Founders did their work, their words and example move before us as a people, a cloud by day, a pillar of fire by night.


A Reply To Professor Johnson, Marci A. Hamilton Jan 2006

A Reply To Professor Johnson, Marci A. Hamilton

Articles

No abstract provided.