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Articles 181 - 210 of 257
Full-Text Articles in Fourteenth Amendment
Voting Rights Debate, Charles Stephen Ralston, Michael A. Carvin
Voting Rights Debate, Charles Stephen Ralston, Michael A. Carvin
Touro Law Review
No abstract provided.
Federalism, The Commerce Clause, And Equal Protection, Leon Friedman
Federalism, The Commerce Clause, And Equal Protection, Leon Friedman
Touro Law Review
No abstract provided.
Equality And Diversity: The Eighteenth-Century Debate About Equal Protection And Equal Civil Rights, Philip A. Hamburger
Equality And Diversity: The Eighteenth-Century Debate About Equal Protection And Equal Civil Rights, Philip A. Hamburger
Faculty Scholarship
Living, as we do, in a world in which our discussions of equality often lead back to the desegregation decisions, to the Fourteenth Amendment, and to the antislavery debates of the 1830s, we tend to allow those momentous events to dominate our understanding of the ideas of equal protection and equal civil rights. Indeed, historians have frequently asserted that the idea of equal protection first developed in the 1830s in discussions of slavery and that it otherwise had little history prior to its adoption into the U.S. Constitution. Long before the Fourteenth Amendment, however – long before even the 1830s …
A Comment On Cass Sunstein's Equality, Emily Sherwin
A Comment On Cass Sunstein's Equality, Emily Sherwin
Cornell Law Faculty Publications
No abstract provided.
An Interpretive History Of Modern Equal Protection, Michael Klarman
An Interpretive History Of Modern Equal Protection, Michael Klarman
Michigan Law Review
My enterprise here is to write a limited history of modem equal protection - one that will facilitate understanding of the important conceptual shifts that have occurred over time. By "modem" I mean the period following the switch-in-time in 1937 that signaled the demise of the Lochner era. By "limited" I mean an account that falls substantially short of a full-scale history of equal protection, which would, for example, necessarily encompass a good deal of political and social history. My aim here, rather, is to tell a story about the evolution of equal protection as a legal concept; I shall, …
Qualifications Of Governor And Lieutenant-Governor
Qualifications Of Governor And Lieutenant-Governor
Touro Law Review
No abstract provided.
Gender Based Peremptory Challenges And The New York State Constitution, Frederick T. Kelsey
Gender Based Peremptory Challenges And The New York State Constitution, Frederick T. Kelsey
Touro Law Review
No abstract provided.
Affirmative Action, Douglas Scherer, John Dunne
Affirmative Action, Douglas Scherer, John Dunne
Touro Law Review
No abstract provided.
Forgetting The Constitution, Robert F. Nagel
Alternative Dispute Resolution In The Federal Government: A View From Congress, Senator Orrin G. Hatch
Alternative Dispute Resolution In The Federal Government: A View From Congress, Senator Orrin G. Hatch
Touro Law Review
No abstract provided.
The Regulated Practice Of The Jailhouse Lawyer
The Regulated Practice Of The Jailhouse Lawyer
Washington and Lee Law Review
No abstract provided.
Black Innocence And The White Jury, Sheri Lynn Johnson
Black Innocence And The White Jury, Sheri Lynn Johnson
Michigan Law Review
Racial prejudice has come under increasingly close scrutiny during the past thirty years, yet its influence on the decisionmaking of criminal juries remains largely hidden from judicial and critical examination. In this Article, Professor Johnson takes a close look at this neglected area. She first sets forth a large body of social science research that reveals a widespread tendency among whites to convict black defendants in instances in which white defendants would be acquitted. Next, she argues that none of the existing techniques for eliminating the influence of racial bias on criminal trials adequately protects minority-race defendants. She contends that …
Tension Between The First And Twenty-First Amendments In State Regulation Of Alcohol Advertising, Brian S. Steffey
Tension Between The First And Twenty-First Amendments In State Regulation Of Alcohol Advertising, Brian S. Steffey
Vanderbilt Law Review
This Recent Development examines the tension between the first and twenty-first amendments when a state uses its twenty-first amendment power to regulate advertisements of alcoholic beverages that qualify for first amendment protection. Part II of this Recent Development explores the Court's standard of review in cases in which the twenty-first amendment impinges upon a fourteenth amendment right. Part II also reviews the scope of constitutional protection that the first amendment accords commercial speech. Part III examines three recent cases in which states have regulated alcohol advertising. Part IV criticizes these decisions for misapplying the appropriate standard and for relying extensively …
Constitutional Law—Due Process—Arkansas' Sunday Closing Law Is Declared Unconstitutionally Vague, Charles L. Kennon Iii
Constitutional Law—Due Process—Arkansas' Sunday Closing Law Is Declared Unconstitutionally Vague, Charles L. Kennon Iii
University of Arkansas at Little Rock Law Review
No abstract provided.
Alimony For Men -- The Changing Law, Pamela Joy Smith
Alimony For Men -- The Changing Law, Pamela Joy Smith
Florida State University Law Review
No abstract provided.
The Unwed Father: Conflict Of Rights In Adoption Proceedings, Winston R. Davis
The Unwed Father: Conflict Of Rights In Adoption Proceedings, Winston R. Davis
Florida State University Law Review
No abstract provided.
Recent Cases, James S. Hutchinson, James R. Newson, Iii, Andrew W. Byrd, Judith Mi. Janssen, John E. Tavss
Recent Cases, James S. Hutchinson, James R. Newson, Iii, Andrew W. Byrd, Judith Mi. Janssen, John E. Tavss
Vanderbilt Law Review
Civil Procedure--Attorney-Client Privilege-- Privilege Protects Communications Made by Corporate Employee To Secure Legal Advice and a Matter Committed to a Professional Legal Advisor Is Prima Facie Committed To Secure Legal Advice
James S. Hutchinson
attorney-client privilege, the "predominance" test, legal activities
In summary, courts have not yet resolved how to determine who may qualify as the corporate client for purposes of the attorney-client privilege...
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Constitutional Law-- Confrontation Clause-Admission at Trial of Slain Informant's
Prior Grand Jury Testimony Against Defendants Does …
Racial Vote Dilution In Multimember Districts: The Constitutional Standard After Washington V. Davis, Michigan Law Review
Racial Vote Dilution In Multimember Districts: The Constitutional Standard After Washington V. Davis, Michigan Law Review
Michigan Law Review
This Note argues that the effect-oriented standard for multimember-district vote-dilution claims is unaffected by the Washington intent requirement. Part I outlines the manner in which multimember districts can dilute minority voting strength. After summarizing Washington's intent requirement, Part II surveys the post-Washington vote dilution cases and demonstrates that the applicability of the intent standard to vote dilution claims is uncertain. Part III first suggests two ways in which White and Washington may be reconciled. That section then argues that White is unaffected by the intent requirement because the standard for vote dilution fits within a fundamental interest analysis …