Fourteenth Amendment Commons^™

Is The Antidiscrimination Project Being Ended?, Michael J. Zimmer

Indiana Journal of Law and Social Equality

No abstract provided.

Rights Of Belonging For Women, Rebecca E. Zietlow

Indiana Journal of Law and Social Equality

No abstract provided.

Affirmative Action And Academic Freedom: Why The Supreme Court Should Continue Deferring To Faculty Judgments About The Value Of Educational Diversity, Steve Sanders

Indiana Journal of Law and Social Equality

No abstract provided.

Sharpening The Tools Of An Adequate Defense: Providing For The Appointment Of Experts For Indigent Defendants In Child Death Cases Under Ake V. Oklahoma, Laurel Gilbert

San Diego Law Review

This Comment proposes that because of ongoing concerns regarding the reliability and validity of forensic science in the United States, the Due Process Clause constitutionally mandates the appointment of forensic experts for indigent defendants in criminal cases arising out of a child’s death if the prosecution relies on forensic evidence. Part II of this Comment provides an overview of the current law governing the admissibility of forensic expert testimony in criminal cases and explains why these admissibility standards create a need for the appointment of defense forensic experts to protect the rights of criminal defendants. Part III then discusses Due …

The New Textualism, Progressive Constitutionalism, And Abortion Rights: A Reply To Jeffrey Rosen, Neil S. Siegel

Faculty Scholarship

In this Essay, I offer a few thoughts in response to Jeffrey Rosen's contribution to this symposium on Jack Balkin's "Living Originalism". I will first focus on what he writes about the "new textualism." I will then reply to what he intimates about the continuing validity of Roe v. Wade. In short, I will argue that Rosen offers progressives little reason to accept the new textualism or to reject Roe in the name of legal fidelity.

If the abortion right is ultra vires because a lack of decisive warrant in text, structure, and history trumps mediating equality principles and legal …

Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole

Touro Law Review

Analogous to the Dreyfus affair, America's reaction to the events of September 11, 2001, subverted the rule of law to impose penalties on those it viewed as a threat. There are lessons to be learned from both the Dreyfus affair and America's reaction to September 11, 2001.

Lis Pendens And Procedural Due Process, William B. Hanley

Pepperdine Law Review

No abstract provided.

Steed V. Imperial Airlines, Clay Plotkin

Pepperdine Law Review

No abstract provided.

Bilingual Welfare Notice Not Required - Guerrero V. Carleson, 9 Cal. 3d 808, 512 P.2d 833, 109 Cal. Rptr. 201 (1973), Mary Beth Diez

Pepperdine Law Review

No abstract provided.

Equal Protection For Illegitimate Children In State Welfare Programs, Phillip North

Pepperdine Law Review

No abstract provided.

Illegitimate Children And Constitutional Review, Clayton W. Plotkin, John Vodonick

Pepperdine Law Review

No abstract provided.

The Constitutional Infirmity Of The California Government Claim Statute, James C. Downing, Nikolai Tehin Jr.

Pepperdine Law Review

No abstract provided.

Void For Vagueness: State Statutes Proscribing Conduct Only For A Juvenile, Edward R. Roybal

Pepperdine Law Review

No abstract provided.

California Garageman's Liens: Procedural Due Process Restored, Len Carafa

Pepperdine Law Review

No abstract provided.

State Recoupment Of The Costs Of Defense Of Indigent Criminal Defendants , Mark M. Horgan

Pepperdine Law Review

No abstract provided.

Johnson V. Superior Court - The Future Of The Grand Jury Indictment In California , Suzanne Haigh

Pepperdine Law Review

No abstract provided.

Murguia V. Municipal Court - The Defense Of Discriminatory Prosecution, Jeffrey L. Garland

Pepperdine Law Review

No abstract provided.

Presentence Custody Time Credit Under California Penal Code Section 2900.5, James D. Robinson

Pepperdine Law Review

No abstract provided.

Massachusetts Board Of Retirement V. Murgia: A Fifty Year Old Policeman And Traditional Equal Protection Analysis: Are They Both Past Their Prime?, William David Evans

Pepperdine Law Review

No abstract provided.

People V. Olivas: Equalizing The Sentencing Of Youthful Offenders With Adult Maximums, William E. Harris

Pepperdine Law Review

No abstract provided.

Application Of The Abstention Doctrine To Inverse Condemnation Actions In Federal Court , John T. Harris

Pepperdine Law Review

No abstract provided.

Procedural Due Process In The Discipline Of Incarcerated Juveniles, Allen F. Breed, Paul H. Voss

Pepperdine Law Review

No abstract provided.

From Goss To Bishop: The Demise Of The Entitlement Doctrine, Scott H. Racine, Stephen J. Spinello

Pepperdine Law Review

No abstract provided.

Moore V. City Of East Cleveland, Ohio: The Emergence Of The Right Of Family Choice In Zoning, Margaret Anne Macfarlane

Pepperdine Law Review

No abstract provided.

Equal Protection For Unmarried Cohabitors: An Insider's Look At Marvin V. Marvin , Marvin M. Mitchelson, William J. Glucksman

Pepperdine Law Review

No abstract provided.

Due Process And Employee Performance, Charles J. Russo

Educational Leadership Faculty Publications

As school boards face financial challenges due to a faltering nation economy and increasing calls for accountability, school business officials and other education leaders need to develop plans for effective documentation of staff performance to justify employment decisions and to avoid unnecessary litigation.

All states require education leaders to provide varying levels of due process when dealing with teachers and other staff members with tenure or continuing contracts who are subject to discipline or dismissal, but the laws often leave practical details unanswered.

Striving For Efficiency In Administrative Litigation: North Carolina's Office Of Administrative Hearings, Julian Mann Iii

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

The Active Administrative Law Judge: Is There Harm In An Alj Asking?, Allen E. Shoenberger

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Security Clearance Review: Employees Of American Industry Vis-A-Vis Civil Servants And Military Members, Robert Robinson Gales

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Richard Ortega, Plaintiff-Appellant, V. United States Immigration And Customs Enforcement, Et Al., Defendants-Appellants: Reply Brief Of Appellant, Patricia E. Roberts, Tillman J. Breckenridge, Alison R.W. Toepp

Appellate and Supreme Court Clinic

No abstract provided.