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Articles 1 - 30 of 42
Full-Text Articles in Fourteenth Amendment
Banishing Habeas Jurisdiction: Why Federal Courts Lack Jurisdiction To Hear Tribal Banishment Actions, Mary Swift
Banishing Habeas Jurisdiction: Why Federal Courts Lack Jurisdiction To Hear Tribal Banishment Actions, Mary Swift
Washington Law Review
The Indian Civil Rights Act (ICRA or “the Act”) of 1968 grants members of federally recognized Indian tribes individual civil rights similar to those enumerated in the federal Bill of Rights and Fourteenth Amendment. However, the Act provides only one explicit federal remedy for violations of the rights secured therein: the writ of habeas corpus. The U.S. Supreme Court has refused to read an implied cause of action into the Act. Some federal courts assert habeas jurisdiction to review tribal banishment actions alleged to violate ICRA, but not over disenrollment actions. Tribal banishment means an individual tribal member is cast …
“We’D Love To Match Them, But…”: How Temporary Employment Agencies Understand And Use Race And Ethnicity, Meghan M. Sweeney
“We’D Love To Match Them, But…”: How Temporary Employment Agencies Understand And Use Race And Ethnicity, Meghan M. Sweeney
Connecticut Public Interest Law Journal
No abstract provided.
Up Against The Wall: A Guide To The Effective Screening Of Former Government Attorneys In New York, Shira Mizrahi
Up Against The Wall: A Guide To The Effective Screening Of Former Government Attorneys In New York, Shira Mizrahi
Cardozo Public Law, Policy & Ethics Journal
The note examines New York Rule of Professional Conduct 1.11, which governs conflicts of interest for former government attorneys transitioning to private practice. It highlights the rule's strict requirements for screening to prevent conflicts and the "appearance of impropriety" standard, which allows courts to disqualify firms even without evidence of wrongdoing. The analysis critiques the rule's effectiveness, particularly in small firms, and proposes reforms to balance public trust, client interests, and attorneys' career mobility.
Stereotype Threat In Criminal Interrogations: Why Innocent Black Suspects Are At Risk For Confessing Falsely, Cynthia J. Najdowski
Stereotype Threat In Criminal Interrogations: Why Innocent Black Suspects Are At Risk For Confessing Falsely, Cynthia J. Najdowski
Psychology Faculty Scholarship
Little theoretical attention has been paid to evidence that Blacks are overrepresented in samples of false confessors compared to Whites. One possible explanation is that innocent Black suspects experience stereotype threat in interrogations and that this threat causes Black suspects to experience more arousal, self-regulatory efforts, and cognitive load compared to White suspects. These psychological mechanisms could lead innocent Black suspects to display more nonverbal behaviors associated with deception and, ironically, increase the likelihood that police investigators perceive them as guilty. In response, investigators might engage in more coercive tactics and exert more pressure to confess on Black suspects than …
The Freedom Of Health, Abigail R. Moncrieff
The Freedom Of Health, Abigail R. Moncrieff
Law Faculty Articles and Essays
This Article first draws out the freedom of health from Supreme Court precedent and demonstrates that, like other substantive constitutional rights, the freedom of health is a negative liberty that must be balanced against legitimate and compelling regulatory projects. The Article then applies that understanding of the freedom to evaluate some proposed and actual health care regulations that have made headline news in the last decade. I consider the constitutionality of the phantom death panels, the HlNl vaccine distribution program, the FDA's restrictions on access to experimental drugs, PPACA's obesity and smoking regulations, and, of course, PPACA's individual mandate. Should …
Mcdonald's Other Right, Samuel L. Wiseman
Mcdonald's Other Right, Samuel L. Wiseman
Scholarly Publications
No abstract provided.
The Politics Of Free Exercise After Employment Division V. Smith: Same-Sex Marriage, The "War On Terror," And Religious Freedom, Richard Schragger
The Politics Of Free Exercise After Employment Division V. Smith: Same-Sex Marriage, The "War On Terror," And Religious Freedom, Richard Schragger
Cardozo Law Review
No abstract provided.
The Original Public Understanding Of Privileges Or Immunities, James J. Ward
The Original Public Understanding Of Privileges Or Immunities, James J. Ward
BYU Law Review
No abstract provided.
The Last Common Law Justice: The Personal Jurisdiction Jurisprudence Of Justice John Paul Stevens, Rodger D. Citron
The Last Common Law Justice: The Personal Jurisdiction Jurisprudence Of Justice John Paul Stevens, Rodger D. Citron
Scholarly Works
No abstract provided.
The Death Of The Fourteenth Amendment: Castle Rock And Its Progeny, G. Kristian Miccio
The Death Of The Fourteenth Amendment: Castle Rock And Its Progeny, G. Kristian Miccio
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Tango Or More - From California's Lesson 9 To The Constitutionality Of A Gay-Friendly Curriculum In Public Elementary Schools, Amy Lai
Michigan Journal of Gender & Law
In August 2009, a group of parents in California filed a lawsuit, Balde v. Alameda Unified School District, in the Superior Court of California, County of Alameda. They alleged that the Alameda Unified School District refused them the right to excuse their children from a new curriculum, Lesson 9, that would teach public elementary school children about gay, lesbian, bisexual and transgender (GLBT) families. The proposed curriculum included short sessions about GLBT people, incorporated into more general lessons about family and health, once a year from kindergarten through fifth grade. Kindergarteners would learn the harms of teasing, while fifth graders …
Debate On Birthright Citizenship, John Eastman Dr., Ediberto Román
Debate On Birthright Citizenship, John Eastman Dr., Ediberto Román
Faculty Publications
The following is the transcript from a debate between Dr. John Eastman and Professor Ediberto Roman, and moderated by Dean of the Florida International University College of Law, Alex Acosta. This debate took place on February 24-25, 2011 as a part of the FIU Law Review's Symposium on immigration reform in the United States. Specifically, this debate centers on the Fourteenth Amendment and birthright citizenship. Both Dr. Eastman and Professor Romdn were given ten minutes for their own remarks, beginning with Dr. Eastman. After the opening remarks, the debate goes into a brief back-and-forth between Dr. Eastman and Professor Roman …
Amending The Prison Litigation Reform Act: Imposing Financial Burdens On Prisoners Over Tax Payers, 44 J. Marshall L. Rev. 1061 (2011), Mallory Yontz
Amending The Prison Litigation Reform Act: Imposing Financial Burdens On Prisoners Over Tax Payers, 44 J. Marshall L. Rev. 1061 (2011), Mallory Yontz
UIC Law Review
No abstract provided.
Zero Tolerance: A Proper Definition, 44 J. Marshall L. Rev. 1107 (2011), Peter Follenweider
Zero Tolerance: A Proper Definition, 44 J. Marshall L. Rev. 1107 (2011), Peter Follenweider
UIC Law Review
No abstract provided.
The Constitutional Right Not To Participate In Abortions: Roe, Casey, And The Fourteenth Amendment Rights Of Healthcare Providers, Mark L. Rienzi
The Constitutional Right Not To Participate In Abortions: Roe, Casey, And The Fourteenth Amendment Rights Of Healthcare Providers, Mark L. Rienzi
Scholarly Articles
The Fourteenth Amendment rights of various parties in the abortion context – the pregnant woman, the fetus, the fetus’ father, the state – have been discussed at length by commentators and the courts. Surprisingly, the Fourteenth Amendment rights of the healthcare provider asked to provide the abortion have not. Roe and Casey establish a pregnant woman’s Fourteenth Amendment right to decide for herself whether to have an abortion. Do those same precedents also protect her doctor’s right to decide whether to participate in abortion procedures?
The Court’s substantive due process analysis typically looks for rights that are “deeply rooted” in …
Regulating Morality Through The Common Law And Exclusionary Zoning, George P. Smith Ii, Gregory P. Bailey
Regulating Morality Through The Common Law And Exclusionary Zoning, George P. Smith Ii, Gregory P. Bailey
Scholarly Articles
The extent to which a free society seeks to regulate sexual expression is problematic. What was defined as immoral or contra bonos mores in the 20th century, has become less of an issue in today’s liberal society. Freedom of sexual intimacy and expression are, to be sure, 1st Amendment and 14th Amendment rights. But, with every assertion of a fundamental right or liberty must come a concomitant understanding that there is a co-ordinate responsibility to exercise that right reasonably. Determining the reasonableness of any conduct grounded in these two amendments must be fact sensitive and guided by community standards. Broad, …
The Thirteenth Amendment, Interest Convergence, And The Badges And Incidents Of Slavery, William M. Carter Jr.
The Thirteenth Amendment, Interest Convergence, And The Badges And Incidents Of Slavery, William M. Carter Jr.
Maryland Law Review
No abstract provided.
Congressional Authority To Interpret The Thirteenth Amendment: A Response To Professor Tsesis, Jennifer Mason Mcaward
Congressional Authority To Interpret The Thirteenth Amendment: A Response To Professor Tsesis, Jennifer Mason Mcaward
Maryland Law Review
No abstract provided.
Involuntary Servitude, Public Accommodations Laws, And The Legacy Of Heart Of Atlanta Motel, Inc. V. United States, Linda C. Mcclain
Involuntary Servitude, Public Accommodations Laws, And The Legacy Of Heart Of Atlanta Motel, Inc. V. United States, Linda C. Mcclain
Maryland Law Review
No abstract provided.
Constitutional Politics, Constitutional Law, And The Thirteenth Amendment, Michael Les Benedict
Constitutional Politics, Constitutional Law, And The Thirteenth Amendment, Michael Les Benedict
Maryland Law Review
No abstract provided.
Beyond Originalism: Conservative Declarationism And Constitutional Redemption, Ken I. Kersch
Beyond Originalism: Conservative Declarationism And Constitutional Redemption, Ken I. Kersch
Maryland Law Review
No abstract provided.
Symposium - The Maryland Constitutional Law Schmooze - Foreword: Plus Or Minus One: The Thirteenth And Fourteenth Amendments, Mark A. Graber
Symposium - The Maryland Constitutional Law Schmooze - Foreword: Plus Or Minus One: The Thirteenth And Fourteenth Amendments, Mark A. Graber
Maryland Law Review
No abstract provided.
Congressional Authority To Interpret The Thirteenth Amendment, Alexander Tsesis
Congressional Authority To Interpret The Thirteenth Amendment, Alexander Tsesis
Maryland Law Review
No abstract provided.
What’S Different About The Thirteenth Amendment, And Why Does It Matter?, James Gray Pope
What’S Different About The Thirteenth Amendment, And Why Does It Matter?, James Gray Pope
Maryland Law Review
No abstract provided.
The Thirteenth Amendment And The Meaning Of Familial Bonds, Julie Novkov
The Thirteenth Amendment And The Meaning Of Familial Bonds, Julie Novkov
Maryland Law Review
No abstract provided.
Conclusion: The Political Thirteenth Amendment, Rebecca E. Zietlow
Conclusion: The Political Thirteenth Amendment, Rebecca E. Zietlow
Maryland Law Review
No abstract provided.
The Right To Refuse: Should Prison Inmates Be Allowed To Discontinue Treatment For Incurable, Noncommunicable Medical Conditions?, Daniel R. H. Mendelsohn
The Right To Refuse: Should Prison Inmates Be Allowed To Discontinue Treatment For Incurable, Noncommunicable Medical Conditions?, Daniel R. H. Mendelsohn
Maryland Law Review
No abstract provided.
Ricci V. Destefano And Disparate Treatment: How The Case Makes Title Vii And The Equal Protection Clause Unworkable, 39 Cap. U. L. Rev. 1 (2011), Allen R. Kamp
UIC Law Open Access Faculty Scholarship
No abstract provided.
Will We Finally See Courtroom Debate?, Arthur S. Leonard
Will We Finally See Courtroom Debate?, Arthur S. Leonard
Other Publications
No abstract provided.
When The Evil Day Comes, Will Title Vii's Disparate Impact Provision Be Narrowly Tailored To Survive An Equal Protection Clause Challenge, Eang Ngov
Faculty Articles
"The road to hell is paved with good intentions." Employers must be careful about the intentional and unintentional effect of their employment practices, even when acting with good motive. Title VII’s disparate impact provision holds employers liable for employment practices that cause an adverse impact on racial groups, even when the employment practice applies equally to all groups and was not implemented to disadvantage a particular group. A prima facie case of disparate impact can arise solely based on numbers - a comparison between the rate at which one racial group passes a test or is selected for hiring or …