Fourteenth Amendment Commons^™

Timeless Rules: Can Normative Closure And Legal Indeterminacy Be Reconciled?, Charles M. Yablon

Cardozo Law Review

No abstract provided.

Due Process

Touro Law Review

No abstract provided.

Of Heterosexism, National Security, And Federal Preemption: Addressing The Legal Obstacles To A Free Debate About Military Recruitment At Our Nation's Law Schools, Roberto L. Corrada

Sturm College of Law: Faculty Scholarship

It is possible that within the next few years at least one federal circuit court will find constitutional protection for sexual orientation under the equal protection clause of the Fourteenth Amendment. It is also now assured, due to the election of Bill Clinton to the position of U.S. President, that there will be a substantial governmental review of military policies concerning gays and lesbians, possibly resulting in a decision to modify or even rescind them. Until some definitive action is taken at the federal level, however, gays and lesbians will have to rely increasingly on sympathetic state and local policymakers …

Rights In The Modern Era: Applying The Bill Of Rights To The States, Stephen Wermiel

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Constitution Of The People: Frederick Douglass And The Dred Scott Decision, Robert Bernasconi

Cardozo Law Review

No abstract provided.

My Pizza With Ninó, Alex Kozinski

Cardozo Law Review

No abstract provided.

Section 1983 And The Parratt Doctrine After Zinermon V. Burch: Ensuring Due Process Rights Or Turning The Fourteenth Amendment Into A Font Of Tort Law, Paul F. Wingenfeld

Cleveland State Law Review

Over the last thirty years, the Court has decided a number of cases which illustrate an on-going struggle to find the proper place for section 1983 in the federal court system and, consequently, what ultimately qualifies as adequate procedural due process within the context of the statute. This note will examine the history of Court decisions involving section 1983 in order to provide the proper background for examining the Court's most recent decision in Zinermon v. Burch, a case which itself has added to an already confusing field of legal study. Within this historical background, however, the Court has actually …

Section 1983 And The Parratt Doctrine After Zinermon V. Burch: Ensuring Due Process Rights Or Turning The Fourteenth Amendment Into A Font Of Tort Law, Paul F. Wingenfeld

Cleveland State Law Review

Over the last thirty years, the Court has decided a number of cases which illustrate an on-going struggle to find the proper place for section 1983 in the federal court system and, consequently, what ultimately qualifies as adequate procedural due process within the context of the statute. This note will examine the history of Court decisions involving section 1983 in order to provide the proper background for examining the Court's most recent decision in Zinermon v. Burch, a case which itself has added to an already confusing field of legal study. Within this historical background, however, the Court has actually …

From Parratt To Zinermon: Authorization, Adequacy, And Immunity In A Systematic Analysis Of State Procedure, Daniel S. Feder

Cardozo Law Review

No abstract provided.

Victory For Billboard Control: The Fourth Circuit Vacates And Remands Waynesville, Thomas P. Cody

William & Mary Environmental Law and Policy Review

No abstract provided.

Reconstructing Section Five Of The Fourteenth Amendment To Assist Impoverished Children, James Wilson

Cleveland State Law Review

This article maintains that the Supreme Court's most recent affirmative action decisions, City of Richmond v. JA. Croson, Co. and Metro Broadcasting, Inc. v. F.C.C. provide a surprising opportunity for the Court to offer constitutional protection to many Americans who are currently under protected, particularly to poor children. This Article will argue that the Richmond/Metro double standard is acceptable in such difficult areas as affirmative action, particularly if the Court also adopts this Article's primary proposal that the Court should sometimes permit Congress to "dilute" Supreme Court decisions. This Article shall explore this proposed doctrine of limited dilution by applying …

The Future Of Minority Set-Aside Programs After City Of Richmond, Judy Kerczewski Kranjc

Cleveland State Law Review

One type of controversial affirmative action plan is the minority set-aside program. This Note will focus on the future of these plans in the wake of the recent Supreme Court decision, City of Richmond v. J.A. Croson Co. First, an examination of the background of affirmative action leading up to set-asides is in order. Second, this Note will analyze City of Richmond and the constitutional and social issues at stake, balancing whether minority set-asides are needed with the recognition that discrimination and lack of economic opportunity for minorities still exists in our society. Finally, the Note will examine several lower …

On Krauskopf On Glendon On Abortion, Richard D. Stith

Journal of Legal Education

No abstract provided.

Section 1983 And The Due Process Clause: Crossing The Constitutional Line, Linda G. Gay

Cardozo Law Review

No abstract provided.

Arizona V. Youngblood: Does The Criminal Defendant Lose His Right To Due Process When The State Loses Exculpatory Evidence?, Willis C. Moore

Touro Law Review

No abstract provided.

Passion In Legal Argument And Judicial Decisionmaking: A Comment On Goldberg V. Kelly, Stephen Wizner

Cardozo Law Review

No abstract provided.

The New York Lien Law And The Garagemen’S Dilemma: Declining Metal Values Affect The Efficacy Of A Remedy, David A. Gross

Cardozo Law Review

No abstract provided.

A Radical Intent, Michael A. Simons

Faculty Publications

(Excerpt)

Much of the recent debate regarding constitutional interpretation has focused on the relevance of the Framers' intent. Attorney General Edwin Meese III has urged judges to "resurrect the original meaning of constitutional provisions." In contrast, Justice William Brennan has argued that courts should adapt the Constitution to "cope with current problems and current needs." A key disagreement involves whether the Bill of Rights protects citizens against state as well as federal government abuses. Some scholars have called for a rollback of Supreme Court decisions that incorporate provisions of the Bill of Rights in the fourteenth amendment, arguing that these …

Rational Basis With Bite: Intermediate Scrutiny By Any Other Name, Gayle Lynn Pettinga

Indiana Law Journal

No abstract provided.

Procedural Due Process: The Original Understanding, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.

First English Evangelical Lutheran Church Of Glendale V. County Of Los Angeles, California, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

Colorado V. Connelly, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Reportability Of Exposure To The Aids Virus: An Equal Protection Analysis, Donna Costa

Cardozo Law Review

No abstract provided.

Does Mississippi's System For Financing Public Schools From "School Lands" Violate Federal Law?, Richard B. Collins

Publications

No abstract provided.

Economic Analysis Of Liberty And Property: A Critique, Peter N. Simon

Publications

No abstract provided.

Ake V. Oklaboma, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Cleveland Board Of Education V. Loudermill, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Black V. Romano, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

Due Process, Retroactivity, And The Multiemployer Pension Plan Amendments Act Of 1980: Congress' Arbitrary Means To A Legitimate End, Eric G. Menkes

Cardozo Law Review

No abstract provided.

The Constitutionality Of Section 9-504(3) Of The Uniform Commercial Code: A Question Of State Action And Procedural Due Process, Abe Rappaport

Cardozo Law Review

No abstract provided.