Fourteenth Amendment Commons^™

From Law Reform To Lived Justice: Marriage Equality, Personal Praxis, And Queer Normativity In The United States, Francisco Valdes

Articles

No abstract provided.

Apple Of Gold And Picture Of Silver: How Abraham Lincoln Would Analyze The Fourteenth Amendment's Equal Protection Clause, Frank J. Williams, William D. Bader, Andrew Blais

Roger Williams University Law Review

No abstract provided.

Man Up Or Go Home: Exploring Perceptions Of Women In Leadership, Abigail Perdue

Marquette Law Review

Throughout history, women in positions of authority have often been perceived as violating well-established gender norms. Perhaps as a result, female leadership has often been viewed as a threat to male power and privilege and thus provoked resistance. Female leaders challenge longstanding sex stereotypes and patriarchal structures, subverting the identities of androcentric institutions and the people who comprise them. In so doing, they redefine notions of what it means to be a leader as well as what it means to be a woman. Cisgender male subordinates in particular may feel that their masculinity is under assault when they are placed …

The Wholesale Exclusion Of Religion From Public Benefits Programs: Why The First Amendment Religion Clauses Must Take A Backseat To Equal Protection, Michael J. Borger

Touro Law Review

No abstract provided.

Boys Will Be Girls, And Girls Will Be Boys: Urging The Supreme Court To Recognize A Transgender Student's Right To Use The Appropriate Facilities In A Federally Funded School, Dianna Felberbaum

Touro Law Review

No abstract provided.

Immigration Adjudication: The Missing Rule Of Law, Lenni B. Benson

Articles & Chapters

No abstract provided.

Why The Late Justice Scalia Was Wrong: The Fallacies Of Constitutional Textualism, Ken Levy

Journal Articles

No abstract provided.

Why Some Religious Accommodations For Mandatory Vaccinations Violate The Establishment Clause, Hillel Y. Levin

Scholarly Works

All states require parents to inoculate their children against deadly diseases prior to enrolling them in public schools, but the vast majority of states also allow parents to opt out on religious grounds. This religious accommodation imposes potentially grave costs on the children of non-vaccinating parents and on those who cannot be immunized. The Establishment Clause prohibits religious accommodations that impose such costs on third parties in some cases, but not in all. This presents a difficult line-drawing problem. The Supreme Court has offered little guidance, and scholars are divided.

This Article addresses the problem of religious accommodations that impose …

Voting Realism, Gilda R. Daniels

All Faculty Scholarship

Since Shelby County v. Holder, the country has grown accustomed to life without the full strength of the Voting Rights Act. Efforts to restore Section 4 have been met with calls to ignore race conscious remedies and employ race neutral remedies for modern day voting rights violations. In this new normal, the country should adopt “voting realism” as the new approach to ensuring that law and reality work to address these new millennium methods of voter discrimination.

The Equal Protection Component Of Legislative Generality, Evan C. Zoldan

University of Richmond Law Review

This article advances the broad project outlined above by recognizing

the equal protection component of legislative generality.

Exploring the relationship between the Equal Protection Clause

and the value of legislative generality both enhances an understanding

of the proper bounds of the Equal Protection Clause and

helps define the ultimate parameters of a value of legislative generality.

Part I of this article defines and provides paradigmatic

examples of special legislation. Part II identifies the most widely

held conceptions of equality that can be enforced through the

Equal Protection Clause and describes how special legislation offends

these conceptions. Part III describes how …

An Equal Rights Amendment For The Twenty-First Century: Bringing Global Constitutionalism Home, Julie C. Suk

Articles

The last few years have seen a renewed push to constitutionalize sex equality in the United States. A generation after the federal Equal Rights Amendment (ERA) failed to be ratified by the requisite number of states, the ERA is on the platform of the 2017 Women's March on Washington. Oregon added a sex equality guarantee to its state constitution in 2014, joining 22 state constitutions and most constitutions around the world. Feminist coalitions, Hollywood celebrities, and members of Congress are vocally endorsing an ERA revival. Why is an ERA desired now, when judges have interpreted the Fourteenth Amendment to prohibit …

"To Help, Not To Hurt": Justice Thomas's Equality Canon, Nicole Stelle Garnett, William S. Consovoy

Journal Articles

To comprehend Justice Thomas’s views on racial equality requires an understanding of how his life experiences influence his approach to questions of race and the law. Recurring themes in his opinions about racial equality include his belief that racial preferences stigmatize their beneficiaries, his concern that the prevailing notion that racial integration is necessary to black achievement is rooted in a presumption of racial inferiority, his worry that affirmative action efforts provide cover for the failure to address the urgent needs of disadvantaged Americans, and his knowledge that seemingly benign policies can mask illicit motives. Finally, Justice Thomas contends that …

Fathers And Feminism: The Case Against Genetic Entitlement, Jennifer S. Hendricks

Publications

This Article makes the case against a nascent consensus among feminist and other progressive scholars about men's parental rights. Most progressive proposals to reform parentage law focus on making it easier for men to assert parental rights, especially when they are not married to the mother of the child. These proposals may seek, for example, to require the state to make more extensive efforts to locate biological fathers, to require pregnant women to notify men of their impending paternity, or to require new mothers to give biological fathers access to infants.

These proposals disregard the mother's existing parental rights and …

Roe V. Wade: The Case That Changed Democracy, Adam Lamparello, Cynthia Swann

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

The Bad, The Ugly, And The Uglier: How Fear And Misconceptions Are Flushing Away Equal Rights And Treatment For Transgender People, Laura Falco

Tennessee Journal of Race, Gender, & Social Justice

Our country has gone through multiple social changes over the years, and now we find ourselves in the middle of another change—one involving the transgender community. This community is and has been continuously fighting for equal rights and treatment. It is 2016 and the fight for equal rights in our country is at a tipping point. A tip in one direction would constitute a huge step in the fight for equal rights, but a tip in the other direction could result in unprecedented effects on transgender individuals and the rest of the LGBTQ community. The LGBTQ community just wants the …

Thompson V. Shapiro: Residence Requirements And The Right To Life

The Catholic Lawyer

No abstract provided.

Brief For Amici Curiae Legal Historians In Support Of Petitioners, Hernandez V. Mesa, No. 15-118 (U.S. Dec. 12, 2016), Richard L. Aynes, Michael Kent Curtis, Paul Finkelman, Stephen E. Gottlieb, Wilson R. Huhn, Rebecca E. Zietlow

Con Law Center Amicus Briefs

This case is about cross-border responsibilities of U.S. government agents. Accordingly your amici seek to explain the history and meaning of the Due Process Clauses as they apply to any “person.”

The meaning of any person affects whether there is legal responsibility for the intentional cross-border killing of a fifteen-year old boy by a government agent who had “no reason to suspect. . . had committed any crime or engaged in any conduct that justify the use of force, let alone deadly, force,” and for whose death there was “no apparent justification,” Hernandez v. United States, 785 F.3d 117, …

Statute Requiring Period Of Residency For Receipt Of Welfare Benefits Held Violative Of The Equal Protection Clause

The Catholic Lawyer

No abstract provided.

Sit-In Conduct Held Constitutionally Protected

The Catholic Lawyer

No abstract provided.

Payment Of A Fee As An "Electoral Standard" Held Violative Of Fourteenth Amendment

The Catholic Lawyer

No abstract provided.

The Constitutionality Of Prison Privatization: An Analysis Of Prison Privatization In The United States And Israel, Stacey Jacovetti

Global Business Law Review

This note analyzes the constitutionality of the current state of prison privatization in the United States under the non-delegation doctrine and the due process clause. Furthermore, this note analyzes the Israeli Supreme Court's ruling holding prison privatization as unconstitutional under the Basic Law of the Right to Human Dignity and Liberty. Subsequently, an argument is made that the current authority for the utilization of private prisons in the United States is insufficient to establish the use of private prisons as constitutional. As such, this note argues that the overall scheme of privatization should provide for more detailed contracts--similar to those …

The Constitutionality Of Racially Integrative Purpose, Elise C. Boddie

Cardozo Law Review

The article explores the constitutionality of policies that are race-neutral on their face but are designed to include historically marginalized racial groups, arguing that such policies are presumptively constitutional. The author suggests that the Supreme Court, influenced by Justice Kennedy's opinions, is increasingly accepting these policies as constitutional if they promote racial integration without using race-specific means.

State Not Required To Provide Counsel On Appeal To Supreme Court

The Catholic Lawyer

No abstract provided.

Beware The Friends You Keep And The Places You Sleep: The Fourth Amendments Limited Protection Over Visitors And Their Belongings, Alysha C. Preston

St. John's Law Review

(Excerpt)

This Note concludes that the Arizona Supreme Court correctly applied the possession test and strongly urges the Supreme Court to address the issue and follow in Arizona’s footsteps. The possession test not only provides the best guidance for both officers and courts, but also provides the most precision and clarity. More importantly, this approach aligns with current Supreme Court case law and conforms to established Fourth Amendment principles. Holding otherwise would gravely undermine policy, disregard current precedents, and undervalue the sole purpose for the Fourth Amendment’s existence: to protect one’s reasonable expectation of privacy. Part I examines the scope …

De Jure Integration In Education, Bernard E. Gegan

The Catholic Lawyer

No abstract provided.

The Proposed Prayer And Bible-Reading Amendments: Contrasting Views, William J. Kenealy, S.J., William B. Ball

The Catholic Lawyer

No abstract provided.

Attempted Elimination Of School Segregation Through Zoning Held Invalid

The Catholic Lawyer

No abstract provided.

Recent Decision: Mandatory Identification Statute Held Unconstitutional

The Catholic Lawyer

No abstract provided.

The Lawfulness Of The Same-Sex Marriage Decisions: Charles Black On Obergefell, Toni M. Massaro

William & Mary Bill of Rights Journal

No abstract provided.

Making The Grade: School-Based Telemedicine And Parental Consent, Emily G. Narum

San Diego Law Review

This Comment advocates for a uniform state-by-state regulation, requiring schools to obtain parental consent immediately before any telemedicine service is provided to their children at school. Alternatively, the constitutional issues could be eliminated if telemedicine consent forms enumerate a finite and limited list of what medical services may be provided. These reforms will ensure not only that parents’ and children’s constitutional rights are protected, but also that schools and doctors provide the most informed health care services. Part II describes a background of school-based health, as well as the benefits and risks of offering telemedicine in schools. Part III explains …