Fourteenth Amendment Commons^™

Does Due Process Have An Original Meaning? On Originalism, Due Process, Procedural Innovation...And Parking Tickets, Lawrence Rosenthal

Oklahoma Law Review

No abstract provided.

School Discipline 101: Students' Due Process Rights In Expulsion Hearings, Melissa Frydman, Shani M. King

UF Law Faculty Publications

Upholding the principle that school districts, as state actors, shall not deprive a student of liberty or property without due process of law, courts have expanded for more than four decades the Fourteenth Amendment's due process protection of public school students. Understanding this principle is essential to representing children in school discipline proceedings. Before presenting a practical guide to representing students in these proceedings, we offer a brief history of due process protection for children.

Mental Health Courts And Title Ii Of The Ada: Accessibility To State Court Systems For Individuals With Mental Disabilities And The Need For Diversion, S. Elizabeth Malloy

Faculty Articles and Other Publications

Access to the judicial system, a fundamental right that has paramount importance in our society, can often present obstacles to people with disabilities in a variety of significant ways. Yet Title II mandates that state and local judicial facilities be accessible to individuals with disabilities. Recent shifts in paradigmatic approaches to special populations such as drug offenders and offenders with mental disabilities have lead to the creation of mental health courts specifically designed to address the needs of the persons with mental disabilities in order to avoid incarceration. Early outcomes in states like Ohio suggest mental health courts may better …

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.

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

Articles

No abstract provided.

Richard Sheppard Arnold: A Distinguished Jurist, A Loyal Colleague And A Good Friend, Gerald W. Heaney

University of Arkansas at Little Rock Law Review

No abstract provided.

Affirmative Action And The Decline Of Intellectual Culture, Charles W. Collier

Journal of Legal Education

No abstract provided.

The Rule Of Law And The Achievement Of Unanimity In Brown, Stephen Ellmann

NYLS Law Review

No abstract provided.

Evidence Destroyed, Innocence Lost: The Preservation Of Biological Evidence Under Innocence Protection Statutes, Cynthia Jones

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Undiscovered Country: Northern Views Of The Defeated South And The Political Background Of The Fourteenth Amendment, Garrett Epps

All Faculty Scholarship

In 1866, Harper's Weekly announced a new series of woodcuts of Southern life with the remark, "[t]o us the late Slave States seem almost like a newly discovered country." It is difficult for Americans in the Twenty-First Century, in a culture of cable news coverage and national newspapers, to appreciate just how mysterious the former Confederacy seemed to Northerners in the months after Appomattox. It was not simply that four years of war had made communication between the two halves of the nation difficult - though that was true, and both Northern and Southern society had changed during the searing …

Retooling The Intent Requirement Under The Fourteenth Amendment, Henry L. Chambers, Jr.

Law Faculty Publications

Racial classifications carry the largest taint and require the most justification. Strict scrutiny-the level of scrutiny with which the remainder of the article will be concerned-requires that race-based differentiation serve a compelling state interest and be narrowly tailored to serve that interest, guaranteeing that the reason for the differentiation is extremely important and that the link between the means chosen to meet the ends is extremely tight. Though strict scrutiny is difficult to survive, it is triggered only when a state actor engages in intentional or purposeful racial discrimination. Controversy surrounds whether such a trigger is necessary. However, rather than …

Federalism Re-Constructed: The Eleventh Amendment's Illogical Impact On Congress' Power, Marcia L. Mccormick

All Faculty Scholarship

The Constitution is designed to protect individual liberty and equality by diffusing power among the three branches of the federal government and between the federal and state governments, and by providing a minimum level of protection for individual rights. Yet, the Supreme Court seems to think that federalism is about protecting states as states rather than balancing governmental power to protect individuals. In the name of federalism, the Supreme Court has been paring away at Congress' power to enact civil rights legislation. In doing so, it has transformed the Fourteenth Amendment into a vehicle for protecting states rights rather than …

The Prodigal Argument: Mccollum V. Board Of Education, Gerard V. Bradley

Journal Articles

From the Introduction

Judges, lawyers, and scholars all cite the 1947 case, Everson v. Board of Education, as the cornerstone of Establishment Clause doctrine. They are right to do so. The Everson Court took two path-breaking steps: incorporation and strict separation. The justices there held, for the first time, that the Fourteenth Amendment made the Establishment Clause applicable to state action. Then they offered a novel account of what non-establishment meant. In sweeping language (which you can find at 330 U.S. 15 - 16) they held that it meant more than equality among religions. By requiring that all government …

Brown And Tee-Hit-Ton, Earl M. Maltz

American Indian Law Review

No abstract provided.

Winner, Best Appellate Brief In The 2004 Native American Law Student Association Moot Court Competition, Kevin Mcculloch, April Winecke

American Indian Law Review

No abstract provided.

The Antebellum Political Background Of The Fourteenth Amendment, Garrett Epps

All Faculty Scholarship

Understanding the Fourteenth Amendment is the key question of Constitutional law, both as it pertains to individual rights and, in many areas, as it relates to questions of Congressional power as opposed to the reserved powers of the states. The Amendment is often disaggregated and read clause by clause - but the intellectual and political background of its framers suggests that the Amendment in fact forms a coherent whole and that reading it as a whole might be a fertile source of new meanings. The Amendment was written by politicians who had spent their careers deeply involved in anti-slavery politics. …

The Master's Tools: Deconstructing The Socratic Method And Its Disparate Impact On Women Through The Prism Of The Equal Protection Doctrine, Tanisha Makeba Bailey

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

"Unexplainable On Grounds Other Than Race": The Inversion Of Privilege And Subordination In Equal Protection Jurisprudence, Darren Lenard Hutchinson

UF Law Faculty Publications

In this article, Professor Darren Hutchinson contributes to the debate over the meaning of the Fourteenth Amendment's Equal Protection Clause by arguing that the Supreme Court has inverted its purpose and effect. Professor Hutchinson contends that the Court, in its judicial capacity, provides protection and judicial solicitude for privileged and powerful groups in our country, while at the same time requires traditionally subordinated and oppressed groups to utilize the political process to seek redress for acts of oppression. According to Professor Hutchinson, this process allows social structures of oppression and subordination to remain intact.

First, Professor Hutchinson examines the various …

Race Conscious Affirmative Action By Tax Exempt 501(C)(3) Corporations After Grutter And Gratz, David A. Brennen

Law Faculty Scholarly Articles

The Equal Protection Clause of the Fourteenth Amendment generally acts as a legal limit on the permissible bounds of government action. Accordingly, public universities and other government entities are constitutionally prohibited from engaging in acts that violate equal protection of the laws. The Supreme Court recently reinforced this point when it ruled, in two related cases, that public universities may consider the race of applicants when making admissions decisions, so long as an applicant's race does not amount to a deciding factor when granting admission. By its very terms, the constitutional limitation imposed by the Equal Protection Clause only directly …

Colorblindness, Race Neutrality, And Voting Rights, Henry L. Chambers, Jr.

Law Faculty Publications

The Reconstruction Amendments' guarantee of civil rights and political equality for racial minorities means that with respect to voting and representation, raceneutral results should be as much a constitutional imperative as colorblind process. As such, a colorblind electoral rule that unintentionally lessens the ability of a minority group to vote or to choose its candidate of choice should be deemed unconstitutional under the Fifteenth Amendment, not merely unlawful under the Voting Rights Act, unless the jurisdiction can provide a strong justification for the rule focused on why such a rule is reasonably necessary to safeguard the electoral process. This change …

Nine Shibboleths Of The New Federalism, Marci A. Hamilton

Articles

No abstract provided.

Race-Based Affirmative Action In American Legal Education, Adrien Katherine Wing

Journal of Legal Education

No abstract provided.

Make Way For The Aba: Smith V. Robbins Clears A Path For Anders Alternatives, James E. Duggan, Andrew W. Moeller

The Journal of Appellate Practice and Process

Indigents appealing criminal convictions are entitled to court-appointed counsel. The American Bar Association suggests a standard for providing the required representation. This standard is known as the Idaho Rule.

Members And Outsiders: An Examination Of The Models Of United States Citizenship As Well As Questions Concerning European Union Citizenship, Ediberto Román

Faculty Publications

Be it in the United States or across the Atlantic, notions of citizenship conjure up thoughts of nationalism, membership, equality, price and patriotism. Though these notions suggest a sense of inclusion, the term citizenship also conjures up, for many, feelings of exclusion and subordination. This article will examine the fact that despite the virtuous rhetoric associated with the term, the status of citizen is often an elusive ideal, notwithstanding the attainment of such status. While the status is theoretically to include a litany of rights as well as a perception of belonging, for many in this society, citizenship means neither. …

Compelled Medical Treatment Of Pregnant Women: The Balancing Of Maternal And Fetal Rights , Pamala Harris

Cleveland State Law Review

This note explores the question: is it ever permissible for a physician or a judge to compel a pregnant woman to submit to medical treatment for the benefit of her fetus? This note begins by examining the ideology of motherhood and the legal status of the fetus. This note then examines the ethical aspects and legal issues involved in compelling a pregnant woman to undergo treatment for the benefit of her fetus. This note then explores the controls of pregnancy that result in maternal-fetal conflicts. Finally, this note examines the court's use of a balancing test in reaching decisions in …

Why Federalism Must Be Enforced: A Response To Professor Kramer, Marci A. Hamilton

Articles

The United States Supreme Court has issued a series of opinions that turn on the Constitution's inherent principles of federalism, decisions that have alarmed many a legal scholar. Some scholars have attacked the Court for overstepping its bounds, and others have criticized the Court on the ground that the federal/state balance should be maintained through the political process rather than judicial review. The most recent advocate of this position, Professor Larry Kramer, recently argued in the Columbia Law Review that the political party structure ensures that state interests are taken into account at the federal level, and therefore the Supreme …

Petition For Writ Of Certiorari, Richard W. Garnett, Michael Stokes Paulsen, David C. Gibbs Jr., David C. Gibbs Iii, Charlotte A. Cover, Barbara J. Weller

Court Briefs

No. 00-131
K.D.M. v. Reedsport School District

On Petition for Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit

From the Reasons for Granting the Writ

The Ninth Circuit conceded that the regulation at issue below " 'discriminates' against students in religious schools, i.e., treats them differently by denying them state services on the school grounds." KDM, 196 F.2d 1046, 1051 (9th Cir. 1999) (App. B at 11 a). This, then, is a case about admitted discrimination - discrimination against "religious ideas, religious people, [and] religious schools." Board of Educ. of Kiryas Joel v. …

Litigation In The United States And Mexico: A Comparative Overview, Robert M. Kossick, Jr.

University of Miami Inter-American Law Review

No abstract provided.

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

Articles

No abstract provided.