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Articles 61 - 90 of 101
Full-Text Articles in Fourteenth Amendment
Not So Landmark After All? Lawrence V. Texas: Classical Liberalism And Due Process Jurisprudence, Davin J. Hall
Not So Landmark After All? Lawrence V. Texas: Classical Liberalism And Due Process Jurisprudence, Davin J. Hall
William & Mary Bill of Rights Journal
No abstract provided.
Not So Meaningful Anymore: Why A Law Library Is Required To Make A Prisoner's Access To The Courts Meaningful, Joseph A. Schouten
Not So Meaningful Anymore: Why A Law Library Is Required To Make A Prisoner's Access To The Courts Meaningful, Joseph A. Schouten
William & Mary Law Review
No abstract provided.
Q: Will The Supreme Court Intervention In Florida Fail The Test Of Time?, Ira Glasser, Alan J. Meese
Q: Will The Supreme Court Intervention In Florida Fail The Test Of Time?, Ira Glasser, Alan J. Meese
Popular Media
No abstract provided.
Paths To Protection: A Comparison Of Federal Protection Based On Disability And Sexual Orientation, Kyle C. Velte
Paths To Protection: A Comparison Of Federal Protection Based On Disability And Sexual Orientation, Kyle C. Velte
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Public School Officials' Use Of Physical Force As A Fourth Amendment Seizure: Protecting Students From The Constitutional Chasm Between The Fourth And Fourteenth Amendments, Kathryn R. Urbonya
Public School Officials' Use Of Physical Force As A Fourth Amendment Seizure: Protecting Students From The Constitutional Chasm Between The Fourth And Fourteenth Amendments, Kathryn R. Urbonya
Faculty Publications
No abstract provided.
Introduction: Fidelity, Economic Liberty, And 1937, Editors Of The William And Mary Law Review
Introduction: Fidelity, Economic Liberty, And 1937, Editors Of The William And Mary Law Review
William & Mary Law Review
No abstract provided.
The Fragmented Liberty Clause, Rebecca L. Brown
The Fragmented Liberty Clause, Rebecca L. Brown
William & Mary Law Review
No abstract provided.
Lochner, Parity, And The Chinese Laundry Cases, David E. Bernstein
Lochner, Parity, And The Chinese Laundry Cases, David E. Bernstein
William & Mary Law Review
No abstract provided.
Lost Fidelities, Barry Cushman
The Inevitable Infidelities Of Constitutional Translation: The Case Of The New Deal, John O. Mcginnis
The Inevitable Infidelities Of Constitutional Translation: The Case Of The New Deal, John O. Mcginnis
William & Mary Law Review
No abstract provided.
The Fiscal Powers And The 1930s: Entrenchment, John Harrison
The Fiscal Powers And The 1930s: Entrenchment, John Harrison
William & Mary Law Review
No abstract provided.
Continuing The Trend Toward Equality: The Eradication Of Racially And Sexually Discriminatory Provisions In Private Trusts, Katheryn F. Voyer
Continuing The Trend Toward Equality: The Eradication Of Racially And Sexually Discriminatory Provisions In Private Trusts, Katheryn F. Voyer
William & Mary Bill of Rights Journal
Racially and sexually discriminatory private trusts are presumed to be valid under traditional common law governing dispositions of property. Most courts have held that if the state plays a "passive" role, only private actors are involved and the Fourteenth Amendment is not implicated The United States Supreme Court, however, has declared in one context that discriminatory charitable trusts violate public policy and are unconstitutional. This Note argues that because private trusts involve unlawful state action and are not purely private, courts have an affirmative obligation imposed by the Supreme Court and a moral responsibility because of well-established public policy against …
The Narrow And Shallow Bite Of Romer And The Eminent Rationality Of Dual-Gender Marriage: A (Partial) Response To Professor Koppelman, Richard F. Duncan
The Narrow And Shallow Bite Of Romer And The Eminent Rationality Of Dual-Gender Marriage: A (Partial) Response To Professor Koppelman, Richard F. Duncan
William & Mary Bill of Rights Journal
In this response to Professor Koppelman, Professor Duncan takes issue with the assertions Koppelman makes in Romer v. Evans and Invidious Intent. Though Duncan agrees with Koppelman's summary of the rule of Romer and the ongoing effects of Bowers v. Hardwick, he rejects Koppelman's claims that laws that discriminate against gays will always be constitutionally doubtful because they disadvantage an unpopular class.
Duncan claims that Koppelman has tried, without success or authority, to fill in the "missing pages" left in Romer by the Supreme Court. Finally, he argues that traditional marriage laws are valid and will survive under Romer and …
Romer V. Evans And Invidious Intent, Andrew Koppelman
Romer V. Evans And Invidious Intent, Andrew Koppelman
William & Mary Bill of Rights Journal
In this Essay, Professor Koppelman argues that, notwithstanding numerous scholarly claims to the contrary, the Supreme Court's decision in Romer v. Evans was based on the invalidated law's impermissible purpose. Professor Koppelman examines the Court's understanding of the Fourteenth Amendment, and concludes that its current doctrine is designed to ferret out unconstitutional intent. Such impermissible intent, Koppelman argues, was evident in the law challenged in Romer. Nonetheless, Koppelman acknowledges, Romer is a hard case, and its precedential significance is unclear, particularly in light of Bowers v. Hardwick, which upheld the constitutionality of laws against homosexual sodomy. Laws that facially disadvantage …
The Equal Protection Clause: A Note On The (Non)Relationship Between Romer V. Evans And Hunter V. Erickson, Jay S. Bybee
The Equal Protection Clause: A Note On The (Non)Relationship Between Romer V. Evans And Hunter V. Erickson, Jay S. Bybee
William & Mary Bill of Rights Journal
In this Article, Professor Bybee uses the debate surrounding Romer v. Evans to reexamine the Supreme Court's decision in Hunter v. Erickson and the principle that a political majority may not restructure the political process to make it more difficult for a political minority to obtain favorable government action. Professor Bybee explains the questionable bases of Hunter and succeeding cases, and then turns to the Romer decision and discusses its incongruity with Hunter. After analyzing the meaning of Romer in light of Hunter and other "equal process" cases, Professor Bybee concludes that although the Court's analysis of Colorado's Amendment 2 …
The Failure Of The Religious Freedom Restoration Act Under Section 5 Of The Fourteenth Amendment, William W. Van Alstyne
The Failure Of The Religious Freedom Restoration Act Under Section 5 Of The Fourteenth Amendment, William W. Van Alstyne
Faculty Publications
No abstract provided.
"Buying Up Speech": Active Government And The Terms Of The First Amendment And Fourteenth Amendments, William T. Mayton
"Buying Up Speech": Active Government And The Terms Of The First Amendment And Fourteenth Amendments, William T. Mayton
William & Mary Bill of Rights Journal
No abstract provided.
The Constitutionality Of High-Speed Pursuits Under The Fourth And Fourteenth Amendments, Kathryn R. Urbonya
The Constitutionality Of High-Speed Pursuits Under The Fourth And Fourteenth Amendments, Kathryn R. Urbonya
Faculty Publications
No abstract provided.
The Parameters Of Constitutional Reconstruction: Slaughter-House, Cruikshank, And The Fourteenth Amendment, Robert C. Palmer
The Parameters Of Constitutional Reconstruction: Slaughter-House, Cruikshank, And The Fourteenth Amendment, Robert C. Palmer
Faculty Publications
No abstract provided.
Are Residential Quotas Constitutional?, Neal Devins
Are Residential Quotas Constitutional?, Neal Devins
Faculty Publications
No abstract provided.
Rites Of Passage: Race, The Supreme Court, And The Constitution, William W. Van Alstyne
Rites Of Passage: Race, The Supreme Court, And The Constitution, William W. Van Alstyne
Faculty Publications
No abstract provided.
Constitutional Law - Trusts - State Action Under The Fourteenth Amendment - Evans V. Abney, 90 S. Ct. 628 (1970), Fred K. Morrison
Constitutional Law - Trusts - State Action Under The Fourteenth Amendment - Evans V. Abney, 90 S. Ct. 628 (1970), Fred K. Morrison
William & Mary Law Review
No abstract provided.
The Constitutional Rights Of Teachers And Professors, William W. Van Alstyne
The Constitutional Rights Of Teachers And Professors, William W. Van Alstyne
Faculty Publications
The discussion examines the current state of educators' rights and identifies two key areas that are still hotly contested: extramural utterances that my be critical of the institution itself and a teacher's freedom with his own classroom. A survey of two recent cases illuminates these issues.
Criminal Law - Double Jeopardy - Benton V. Maryland, 89 S. Ct. 2056 (1969), Lawrence J. Lipka
Criminal Law - Double Jeopardy - Benton V. Maryland, 89 S. Ct. 2056 (1969), Lawrence J. Lipka
William & Mary Law Review
No abstract provided.
Constitutional Law - Right Of Free Speech - Tinker V. Independent Community School District, 89 S. Ct. 733 (1969), Terry B. Light
Constitutional Law - Right Of Free Speech - Tinker V. Independent Community School District, 89 S. Ct. 733 (1969), Terry B. Light
William & Mary Law Review
No abstract provided.
A Constitution For Every Man, William W. Van Alstyne
A Constitution For Every Man, William W. Van Alstyne
Faculty Publications
This review praises the collection of essays presented during the one hundredth anniversary of the ratification of the Fourteenth Amendment. The works expand on previous scholarship regarding the Fourteenth Amendment and provides a thorough understanding with smooth transitions through the Amendment’s different complexities and its history.
Constitutional Law - Free Speech - Public Transit Advertising - Wirta V. Alameda-Contra Costa Transit Dist., 434 P.2d 982 (Cal. 1966), Joel H. Shane
Constitutional Law - Free Speech - Public Transit Advertising - Wirta V. Alameda-Contra Costa Transit Dist., 434 P.2d 982 (Cal. 1966), Joel H. Shane
William & Mary Law Review
No abstract provided.
Criminal Law - Constitutional Law - Vagrancy Statutes And Due Process - Alegata V. Commonwealtb, 231 N.E.2d 201 (Mass. 1967)
William & Mary Law Review
No abstract provided.
Constitutional Law - Criminal Law - Right To Counsel At Probation Revocation Hearings - Mempa V. Rhay, 389 U.S. 128 (1967)
William & Mary Law Review
No abstract provided.
Constitutional Rights Of Juveniles: Gault And Its Application, Karen L. Atkinson
Constitutional Rights Of Juveniles: Gault And Its Application, Karen L. Atkinson
William & Mary Law Review
No abstract provided.