Fourteenth Amendment Commons^™

Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen Kaufman, Martin A. Schwartz

Touro Law Review

No abstract provided.

Surrogacy V. The Thirteenth Amendment, Cyril C. Means Jr.

NYLS Journal of Human Rights

No abstract provided.

Rent Control Price Fixing: Another Look At The Emperor's New Clothes, Robert N. Markle

Touro Law Review

No abstract provided.

Intrusive Border Searches -- What Protection Remains For The International Traveler Entering The United States After United States V. Montoya De Hernandez And Its Progeny?, Steve Anderson

Vanderbilt Journal of Transnational Law

This Note will examine the standards for initiation of strip, body cavity, and X-ray searches developed by the different circuits as well as the latitude allowed customs agents in carrying out such searches. It will also delve into the effect which Montoya de Hernandez and its progeny have had on this area of the law. Finally, this Note will propose possible solutions to the present confusion in the law.

State Law Wrongs, State Law Remedies, And The Fourteenth Amendment, Henry Paul Monaghan

Faculty Scholarship

Parratt v. Taylor is among the most puzzling Supreme Court decisions of the last decade, and the lower federal courts have been thrown into considerable confusion in their efforts to implement it. In large part, this confusion stems from the fact that Parratt decided two independent points: first, the negligent loss or destruction of property by state officials could constitute a "deprivation" thereof for purposes of the due process clause of the fourteenth amendment; and second, the existence of an adequate state remedy to redress the wrong meant that the deprivation was not "without due process of law." In this …

Criminal Procedure—Exclusionary Rule—No Good Faith Exception To The Arkansas Rules Of Criminal Procedure, Dale Scroggins

University of Arkansas at Little Rock Law Review

No abstract provided.

The Transformation Of The Fourteenth Amendment: Reflections From The Admission Of Maryland's First Black Lawyers, David S. Bogen

Maryland Law Review

No abstract provided.

Emerging Standards In Supreme Court Double Jeopardy Analysis, Clifford R. Ennico

Vanderbilt Law Review

The purposes of this Recent Development are as follows: to identify and evaluate recent modifications in the Court's double jeopardy analysis, to propose that the Court's 1977 Term double jeopardy standards dilute the double jeopardy protection previously afforded to criminal defendants, and to suggest that the Court should permit a broader scope of appellate review in double jeopardy cases.

Due Process As A Management Tool In Schools And Prisons, Elisabeth T. Dreyfuss, Jane C. Knapp

Cleveland State Law Review

This article will explore due process as an effective tool for the management of schools and prisons through a close scrutiny of the fourteenth amendment. The authors will attempt to identify emerging trends in case law and give special attention to Bell v. Wolfish, which may point to a new direction in due process analysis under the Burger Court. The purpose of this article is to propose radical reform of schools and prisons through the involvement of their populations and staffs in the rule-making process. Spawned by a firm belief that only through such democratic processes can the violence and …

The Constitution Goes To Harvard, Henry Paul Monaghan

Faculty Scholarship

Doctrinal disorder haunts a generation of Supreme Court decisions construing and applying the strands of the fourteenth amendment. But in a confusion contest between the Court and academic writers on constitutional law, picking a winner would be no simple task. Those of us in the academy, despite our comparatively ample time for reflection, have long resisted discussion of fundamental issues.

Professors Tribe and Michelman, two of our ablest writers, illustrate my point in their provocative recent essays on National League of Cities v. Usery. Neither purports to erect more adequate scaffolding for the decision's federalism foundation. Rather, each attempts …

Goss V. Lopez, 95 S. Ct. 729 (1975), Stephen J. Kubik

Florida State University Law Review

Constitutional Law- FOURTEENTH AMENDMENT- STUDENTS FACING SUSPENSION HAVE PROPERTY AND LIBERTY INTERESTS THAT QUALIFY FOR DUE PROCESS PROTECTION.

Village Of Belle Terre V. Boraas, 94 S. Ct. 1536 (1974), Florida State University Law Review

Florida State University Law Review

Constitutional Law- FOURTEENTH AMENDMENT- MUNICIPALITY ZONED EXCLUSIVELY FOR SINGLE-FAMILY DWELLINGS PROMOTES VALID COMMUNITY OBJECTIVES AND DOES NOT INTERFERE WITH RIGHT TO TRAVEL.

Gagnon V. Scarpelli, 411 U.S. 778 (1973), Florida State University Law Review

Florida State University Law Review

Constitutional Law-DUE PROCESS-REVOCATION OF PROBATION WITHOUT PRIOR HEARING VIOLATES PROBATIONER'S FOURTEENTH AMENDMENT RIGHT TO DUE PROCESS; NEED FOR APPOINTED COUNSEL AT REVOCATION HEARING TO BE DETERMINED ON CASE-BY-CASE BASIS.

The Monkey Laws And The Public Schools: A Second Consumption?, Frederic S. Le Clercq

Vanderbilt Law Review

Recent events suggest that the creationist movement is both potent and truly national. in scope. In California, the science curriculum guidelines for public schools were modified by a sympathetic state board of education to accommodate the creationist position.' Science textbooks for use in the public schools of California are being edited to dilute passages on evolution, and creationists almost achieved express recognition of their beliefs in the science texts. In Tennessee, a law has been passed that requires inclusion of the Biblical account of creation in biology textbooks used in the public schools." Similar legislation to require treatment of creationist …

Recent Developments, Law Review Staff

Vanderbilt Law Review

The fourteenth amendment provides that "[n]o State shall . ..deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."' The amendment thus explicitly forbids the state to engage in certain conduct, but places no express restriction on the acts of private individuals. Although the Supreme Court has consistently held that state action is a necessary element of a fourteenth amendment violation, the concept of state action was expanded to cover activities arguably private in nature to the extent that by 1970 the Court …

Recent Development, Law Review Staff

Vanderbilt Law Review

Prisons in the United States house approximately 220,000 felons,'95 percent of whom will eventually return to society Most state legislatures have delegated to prison administrative bodies the power both to establish regulations prescribing proper prison conduct and to impose sanctions for their violation. Prison administrators thus have been granted wide latitude in establishing the procedures by which prisoners are determined to be guilty of disciplinary infractions and punished. Frequently, prisoners who allegedly have violated prison standards are not afforded notice of their offenses, are judged by their accusers, and are awarded disproportionately severe punishment, such as solitary confinement or loss …

Book Reviews, Stanley D. Rose, Robert M. Anderson, Robert J. Harris, Harry Holloway, Robert L. Birmingham

Vanderbilt Law Review

Cardozo and Frontiers of Legal Thinking By Beryl Harold Levy Cleveland: The Press of Case Western Reserve University, 1969.Pp. xi, 365. $9.95.

reviewer: Stanley D. Rose

=========================

City Politics and Planning By Francine F. Rabinovitz New York: Atherton Press, Inc. 1969. Pp. 192. $6.95

reviewer: Robert M. Anderson

========================

Everyman's Constitution: Historical Essays on the Fourteenth Amendment, the "Conspiracy Theory," and American Constitutionalism By Howard Jay Graham Madison: State Historical Society of Wisconsin, 1968. Pp. xiv, 631. $12.95

reviewer: Robert J. Harris

=========================

The Impact of Negro Voting: The Role of the Vote in the Quest for Equality By William …

The Legal Philosophy Of John Marshall, Douglas A. Poe

Vanderbilt Law Review

One of the greatest and most significant constitutional enigmas with which the Supreme Court has grappled during the past two decades has concerned the proper delineation of the first amendment's prohibition against the abridgment of "the freedom of speech." The range of problems confronted has extended from congressional investigations to state obscenity laws, from sit-in demonstrations to the provision of legal counsel by labor unions for their members. An all-encompassing and consistent theory of the first and fourteenth amendments has yet to be articulated by the Court, a situation which is hardly unexpected in view of the disparate claims asserted …

California's Proposition 14 And The "State Action" Concept - Reitman V. Mulkey

Maryland Law Review

No abstract provided.

Federal Double Jeopardy Policy, Jay A. Sigler

Vanderbilt Law Review

The fifth amendment provision against double jeopardy is one of the basic protections afforded defendants by the United States Constitution. Its roots are found in early common law,' and the policies which it represents have been gradually defined by federal courts to meet various situations of inequality in the position of a criminal defendant confronted by federal prosecuting attorneys. Presently the double jeopardy provision is not incorporated by the fourteenth amendment as a restriction upon state action, but this condition may not prevail much longer. Should double jeopardy become incorporated into the "due process" clause of the fourteenth amendment, states …

Abstracts Of Recent Cases, Ward Day Stone Jr.

West Virginia Law Review

No abstract provided.

Legislative Reapportionment—The Kentucky Legal Context, Robert G. Lawson

Law Faculty Scholarly Articles

In its continuing role as guardian of citizens’ constitutional rights, the Supreme Court in Baker v. Carr unlocked widespread concern for equal representation in state legislatures. Having been suppressed for two decades in which an amazing shift of population has occurred, the question of reapportionment and what to do about it had become one of great importance. In November, 1960, apportionments of 30 state legislatures had been challenged in state and federal courts. In addition, ten cases of an electoral character are presently on the docket of the Supreme Court of the United States.

Apart from the legal implications and …

Health Inspections Of Private Homes - Frank V. Maryland, John Michener

Maryland Law Review

No abstract provided.

Equal Protection Clause Of Fourteenth Amendment No Bar To Territorial Classification Under Bouse Act - Salsburg V. State Of Maryland

Maryland Law Review

No abstract provided.