Fourteenth Amendment Commons^™

Of Swords, Shields, And A Gun To The Head: Coercing Individuals, But Not States, Aviam Soifer

Seattle University Law Review

This Article begins with a brief reprise of what should be a textual “gotcha” about the Enforcement Clauses of the post-Civil War Amendments—if our current Supreme Court Justices actually cared about original texts, originalism, or a combination of the two. Next, the Article focuses on the gnarled issue of “coercion.” It argues that, contrary to a great deal of Anglo-American legal doctrine, coercion is best understood along a spectrum rather than as a binary phenomenon. Coercion is actually much contested and highly contextual across many legal categories. Federal coercion—also described as commandeering or dragooning— has become a particular constitutional focus …

Nevada's Education Savings Accounts: A Constitutional Analysis, Thomas W. Stewart, Brittany Walker

Nevada Supreme Court Summaries

This piece will analyze potential conflicts between Senate Bill 302 and Article XI of the Nevada Constitution to explore the constitutionality of educational savings accounts.

Originalism And Same-Sex Marriage, Steven G. Calabresi, Hannah M. Begley

University of Miami Law Review

This article examines the original meaning of the equality guarantee in American constitutional law. It looks are the seventeenth, eighteenth, and nineteenth century roots of the modern doctrine, and it concludes that the Fourteenth Amendment bans the Hindu Caste system, European feudalism, the Black Codes, the Jim Crow laws, and the common law's denial to women of equal civil rights to those held by men. It then considers the constitutionality of bans on same sex marriage from an Originalist perspective, and it concludes that State laws banning same sex marriage violate the Fourteenth Amendment.

Prostitution Policy: Legalization, Decriminalization And The Nordic Model, Ane Mathieson, Easton Branam, Anya Noble

Seattle Journal for Social Justice

No abstract provided.

Don’T Risk It; Wait Until She’S Sober, Patrick John White

Seattle Journal for Social Justice

No abstract provided.

Let’S Talk About Sex: A Call For Guardianship Reform In Washington State, Sage Graves

Seattle Journal for Social Justice

No abstract provided.

Living Under The Boot: Militarization And Peaceful Protest, Charlotte Guerra

Seattle Journal for Social Justice

No abstract provided.

Let’S Invest In People, Not Prisons: How Washington State Should Address Its Ex-Offender Unemployment Rate, Sara Taboada

Seattle Journal for Social Justice

No abstract provided.

His Feminist Facade: The Neoliberal Co-Option Of The Feminist Movement, Anjilee Dodge, Myani Gilbert

Seattle Journal for Social Justice

No abstract provided.

In Her Words: Recognizing And Preventing Abusive Litigation Against Domestic Violence Survivors, David Ward

Seattle Journal for Social Justice

No abstract provided.

Persistence And Resistance: Women’S Leadership And Ending Gender-Based Violence In Guatemala, Serena Cosgrove, Kristi Lee

Seattle Journal for Social Justice

No abstract provided.

Religious Disestablishment And The Fourteenth Amendment, Joseph M. Snee, S.J.

The Catholic Lawyer

No abstract provided.

Constitutional Law-Aliens-Civil Service Commission Regulation Demanding Citizenship As A Prerequisite To Employment Deprives Resident Aliens Of Liberty Without Due Process Of Law, Sheryl A. Newberry

Georgia Journal of International & Comparative Law

No abstract provided.

The Meanings Of The "Privileges And Immunities Of Citizens" On The Eve Of The Civil War, David R. Upham

Notre Dame Law Review

The Fourteenth Amendment to our Constitution provides, in part, that “[n]o State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.” This “Privileges or Immunities Clause” has been called “the darling of the professoriate.” Indeed, in the last decade alone, law professors have published dozens of articles treating the provision. The focus of this particular study is the interpretation of the “privileges and immunities of citizens” offered by American political actors, including not only judges, but also elected officials and private citizens, before the Fourteenth Amendment, and primarily, on the …

Keeping Cases From Black Juries: An Empirical Analysis Of How Race, Income Inequality, And Regional History Affect Tort Law, Donald G. Gifford, Brian Jones

Washington and Lee Law Review

No abstract provided.

The Promise Of America, Joseph A. Greenaway Jr.

Cardozo Law Review

No abstract provided.

Constitutional Law—Fourth Amendment And Seizures— Accidental Seizures By Deadly Force: Who Is Seized During A Police Shootout? Plumhoff V. Rickard, 134 S. Ct. 2012 (2014)., Adam D. Franks

University of Arkansas at Little Rock Law Review

No abstract provided.

Combining Constitutional Clauses, Michael Coenen

Journal Articles

No abstract provided.

Due Process And Fundamental Rights, Martin A. Schwartz

Touro Law Review

No abstract provided.

Appellate Division, Fourth Department, Masi Management Inc., V. Town Of Ogden, Courtney Aronowsky

Touro Law Review

No abstract provided.

Appellate Division, First Department, Bertoldi V. New York, Sharon Ryan

Touro Law Review

No abstract provided.

City Court, Watertown New York, People V. Rogers, Lisa Bartolomeo

Touro Law Review

No abstract provided.

Supreme Court, Monroe County, People V. Owens, Wendy Holland

Touro Law Review

No abstract provided.

United States Court Of Appeals Second Circuit, Seabrook V. City Of New York, Wendy Holland

Touro Law Review

No abstract provided.

Court Of Appeals Of New York, People V. David, Courtney Blakeslee

Touro Law Review

No abstract provided.

Brief Of The Catholic University Of America School Of Canon Law, The Lutheran Church-Missouri Synod, The Queens Federation Of Churches, And The Serbian Orthodox Church In North And South America, As Amici Curiae In Support Of Petitioners, Richard W. Garnett, David H. Hyams

Court Briefs

No. 15.1005
Chabad-Lubavitch of Michigan v. Dr. Dov Schuchman

On Petition for a Writ of Ceriorari to the Supreme Court of Michigan

This brief addresses the importance of the principle of church autonomy and the protections provided by the First and Fourteenth Amendments and this Court's precedents regarding religious denominations' internal mandatory dispute-resolution procedures.

Why The Right To Elective Abortion Fails Casey'S Own Interest-Balancing Methodology—And Why It Matters, Stephen G. Gilles

Notre Dame Law Review

Casey adopted a new, interest-balancing framework for the right to elective abortion while preserving the core of that right. But by declining to address whether the right to elective abortion can be justified in interest-balancing terms, Casey opened the door to unduly stringent applications of the undue-burden standard and, no less importantly, to future extensions of the right. By ruling that the state’s interest in protecting pre-viable fetal life outweighs the woman’s interest in an elective abortion, while preserving that right on stare decisis grounds, the Court could ensure that the balance it struck in Casey—and that “was central …

No Better Instrument: The Necessity Of Notice And An Opportunity To Be Heard And The Due Process Deficiencies Of Nuisance Abatement, Elise Bernlohr

Cardozo Law Review

No abstract provided.

The Erosion Of The Rule Of Law When A State Attorney General Refuses To Defend The Constitutionality Of Controversial Laws, Rena M. Lindevaldsen

Barry Law Review

No abstract provided.

Martin Luther King, Jr. Celebration Keynote Address: The Honorable Carlton W. Reeves, United States District Court For The Southern District Of Mississippi, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.