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Articles 1801 - 1830 of 3158

Full-Text Articles in Fourteenth Amendment

Headscarves In German Public Schools: Religious Minorities Are Welcome In Germany, Unless — God Forbid — They Are Religious, Ruben Seth Fogel Jan 2006

Headscarves In German Public Schools: Religious Minorities Are Welcome In Germany, Unless — God Forbid — They Are Religious, Ruben Seth Fogel

NYLS Law Review

No abstract provided.

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The Riddle Of Hiram Revels, Richard A. Primus Jan 2006

The Riddle Of Hiram Revels, Richard A. Primus

Articles

In 1870, a black man named Hiram Revels was named to represent Mississippi in the Senate. Senate Democrats objected to seating him and pointed out that the Constitution specifies that no person may be a senator who has not been a citizen of the United States for at least nine years. Before the ratification of the Fourteenth Amendment in 1868, the Democrats argued, Revels had not been a citizen on account of the Supreme Court's 1857 decision in Dred Scott v. Sandford. Thus, even if Revels were a citizen in 1870, he had held that status for only two years. …

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The Original Intent Of The Fourteenth Amendment: A Conversation With Eric Foner, Eric Foner Jan 2006

The Original Intent Of The Fourteenth Amendment: A Conversation With Eric Foner, Eric Foner

Nevada Law Journal

No abstract provided.

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Constitutional Law—Fourteenth Amendment—The Path Leads To Nowhere: The Supreme Court Re-Examines The Trek Through The Political Thicket. Vieth V. Jubelirer, 541 U.S. 267 (2004)., Vanessa L. Kinney Jan 2006

Constitutional Law—Fourteenth Amendment—The Path Leads To Nowhere: The Supreme Court Re-Examines The Trek Through The Political Thicket. Vieth V. Jubelirer, 541 U.S. 267 (2004)., Vanessa L. Kinney

University of Arkansas at Little Rock Law Review

No abstract provided.

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Citizenship Theories, Immigration And Nationality Act Section 309 & Nguyen V. Ins: How The Supreme Court Got It Wrong, Rachel Baskin Jan 2006

Citizenship Theories, Immigration And Nationality Act Section 309 & Nguyen V. Ins: How The Supreme Court Got It Wrong, Rachel Baskin

Cardozo Public Law, Policy & Ethics Journal

The note critiques the Supreme Court's decision in *Tuan Anh Nguyen v. INS*, which upheld the constitutionality of Section 309 of the Immigration and Nationality Act (INA). This provision imposes additional requirements for U.S. citizen fathers, unlike mothers, to transmit citizenship to children born abroad. The author argues that the Court's ruling perpetuates gender discrimination and undermines the deeper meaning of citizenship, which should encompass membership, belonging, and substantive ties to the nation rather than mere legal formalities. The analysis draws on republican, communitarian, and liberal theories of citizenship to advocate for a more inclusive and gender-neutral approach to citizenship …

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Winner, Best Appellate Brief In The 2005 Native American Law Student Association Moot Court Competition, Brian Mcclatchey, Paul Porter Jan 2006

Winner, Best Appellate Brief In The 2005 Native American Law Student Association Moot Court Competition, Brian Mcclatchey, Paul Porter

American Indian Law Review

No abstract provided.

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Lecture: Second Founding: The Story Of The Fourteenth Amendment, Garrett Epps Jan 2006

Lecture: Second Founding: The Story Of The Fourteenth Amendment, Garrett Epps

All Faculty Scholarship

The story of the Framing of the Fourteenth Amendment is a lost story of American history, covered over by Southern inspiring myth making and an unwillingness to grapple with the central role of slavery in American history. Americans can take new inspiration from that story and use it as an example of how our popular democracy can be perfected. Even today, nearly a century and a half after the Second Founders did their work, their words and example move before us as a people, a cloud by day, a pillar of fire by night.

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A Reply To Professor Johnson, Marci A. Hamilton Jan 2006

A Reply To Professor Johnson, Marci A. Hamilton

Articles

No abstract provided.

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The Toll For Traveling Students: Durational-Residence Requirements For In-State Tuition After Saenz V. Roe, Douglas R. Chartier Dec 2005

The Toll For Traveling Students: Durational-Residence Requirements For In-State Tuition After Saenz V. Roe, Douglas R. Chartier

Michigan Law Review

After the excitement of getting into the college of her choice wears off, a student may soon wonder how she will pay for her newfound prize. Though higher education is almost always a sound investment given its potentially tremendous return and importance in getting a good job, the cost is daunting- sometimes even prohibitive-for many students. Public undergraduate and graduate schools are an attractive option for many students because of lower tuitions. Yet state universities deny many students the full measure of this benefit. Public universities usually charge significantly higher tuition rates to out-of-state students than in-state students. A nonresident …

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Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai Nov 2005

Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai

Seattle Journal for Social Justice

No abstract provided.

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Comparative And Noncomparative Justice: Some Guidelines For Constitutional Adjudication, Raleigh Hannah Levine, Russell Pannier Oct 2005

Comparative And Noncomparative Justice: Some Guidelines For Constitutional Adjudication, Raleigh Hannah Levine, Russell Pannier

William & Mary Bill of Rights Journal

No abstract provided.

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Privatizing Due Process, Paul R. Verkuil Oct 2005

Privatizing Due Process, Paul R. Verkuil

Articles

The article explores the concept of "private due process," arguing that while traditional due process protections under the Constitution require state action, privatization of government functions creates gaps in procedural safeguards. It examines how state laws, federal regulations, and alternative dispute resolution (ADR) mechanisms can fill these gaps and proposes a "Private Administrative Procedure Act" (PAPA) to ensure procedural fairness when government functions are delegated to private entities.

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Lessons From Small Cases: Reflections On Dodson V. Arkansas Activities Association, Polly J. Price Apr 2005

Lessons From Small Cases: Reflections On Dodson V. Arkansas Activities Association, Polly J. Price

University of Arkansas at Little Rock Law Review

No abstract provided.

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Richard Sheppard Arnold: A Distinguished Jurist, A Loyal Colleague And A Good Friend, Gerald W. Heaney Apr 2005

Richard Sheppard Arnold: A Distinguished Jurist, A Loyal Colleague And A Good Friend, Gerald W. Heaney

University of Arkansas at Little Rock Law Review

No abstract provided.

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Affirmative Action And The Decline Of Intellectual Culture, Charles W. Collier Mar 2005

Affirmative Action And The Decline Of Intellectual Culture, Charles W. Collier

Journal of Legal Education

No abstract provided.

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Humphries V. Ozmint No. 03-14, 2005 Wl 267962, At *1 (4th Cir. Feb. 4, 2005) Mar 2005

Humphries V. Ozmint No. 03-14, 2005 Wl 267962, At *1 (4th Cir. Feb. 4, 2005)

Capital Defense Journal

No abstract provided.

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Certifying Mandatory Punitive Damages Classes In A Post-Ortiz And State Farm World, Aileen L. Nagy Mar 2005

Certifying Mandatory Punitive Damages Classes In A Post-Ortiz And State Farm World, Aileen L. Nagy

Vanderbilt Law Review

Punitive damages are a civil penalty "aimed at deterrence and retribution" that further the state's interest in punishing unlawful conduct.' They are meant to "sting" and should be imposed proportionally according to the "egregiousness of the harm and the wealth of the transgressor." While compensatory damages are intended to compensate plaintiffs for their concrete losses, punitive damages use the plaintiff as an instrument for "visiting [] punishment upon [the] extreme tortious misdeeds" of defendants. As such, it is well settled that no individual plaintiff is entitled to punitive damages; however, "it is equally true that no transgressor is entitled to …

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"Under Color Of"- What Does It Mean?, Richard H. W. Maloy Mar 2005

"Under Color Of"- What Does It Mean?, Richard H. W. Maloy

Mercer Law Review

After reading the cases dealt with in this Article, I am reminded of the story of the old lady who lived on a hammock in the Everglades. Two census takers rowed out to her abode one day to obtain her statistics. When she asked them why they were there, they answered that they were trying to find out how many people live in the United States. 'You've come to the wrong place," she declared. "Why do you say that?" they asked. "Cause I don't know," was her response. If one is reading this article to find out the meaning of …

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Adam And Steve And Eve: Why Sexuality Segregation In Assisted Reproduction In Virginia Is No Longer Acceptable, Brooke D. Rodgers-Miller Feb 2005

Adam And Steve And Eve: Why Sexuality Segregation In Assisted Reproduction In Virginia Is No Longer Acceptable, Brooke D. Rodgers-Miller

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

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Immigration And The Allure Of Inclusion, Ediberto Román Jan 2005

Immigration And The Allure Of Inclusion, Ediberto Román

Faculty Publications

Essentially, all immigrant stories concern labels and their consequences, including the fiction of the legal and illegal "alien. ' These labels in turn are created by immigration regimes that have the effect of establishing identities of both welcomed and unwelcome newcomers into a society. These fictions or labels occur within what can be described as the legal fiction of the nation-state. In many respects, all immigrant debates and accounts are tales of inclusion and membership within legal frameworks that decide which groups of people are deemed worthy of eventual formal membership within a political structure. Indeed, the label of "alien" …

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In The Wake Of Gratz V. Bollinger: Standing On Thin Ice, 38 J. Marshall L. Rev. 1037 (2005), Zubaida Qazi Jan 2005

In The Wake Of Gratz V. Bollinger: Standing On Thin Ice, 38 J. Marshall L. Rev. 1037 (2005), Zubaida Qazi

UIC Law Review

No abstract provided.

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Preventing "You've Got Mail"™ From Meaning "You've Been Served": How Service Of Process By E-Mail Does Not Meet Constitutional Procedure Due Process Requirements, 38 J. Marshall L. Rev. 1121 (2005), Matthew R. Schreck Jan 2005

Preventing "You've Got Mail"™ From Meaning "You've Been Served": How Service Of Process By E-Mail Does Not Meet Constitutional Procedure Due Process Requirements, 38 J. Marshall L. Rev. 1121 (2005), Matthew R. Schreck

UIC Law Review

No abstract provided.

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Hands Off Policy: Equal Protection And The Contact Sports Exemption Of Title Ix, Jamal Greene Jan 2005

Hands Off Policy: Equal Protection And The Contact Sports Exemption Of Title Ix, Jamal Greene

Michigan Journal of Gender & Law

The disparity between what the Constitution permits of public schools and what Title IX permits of private ones is unquestionably stark. This Article calls this disparity into question. First, it asks under what circumstances, if any, allowance for sex discrimination in athletics may be justified under constitutional standards. Then, it considers the practical relevance of the disparity between how a school may lawfully discriminate under Title IX and how it may do so under the Equal Protection Clause. Finally, it offers a prescription for bringing into balance the gender equity messages sent by Title IX and the Constitution.

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Reversing A Trend: An As-Applied Approach Weakens The Boerne Congruence And Proportionality Test, Michael J. Neary Jan 2005

Reversing A Trend: An As-Applied Approach Weakens The Boerne Congruence And Proportionality Test, Michael J. Neary

Maryland Law Review

No abstract provided.

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Lifting The Pall Of Orthodoxy: The Need For Hearing A Multitude Of Tongues In And Beyond The Sexual Education Curricula At Public High Schools, Carlo A. Pedrioli Jan 2005

Lifting The Pall Of Orthodoxy: The Need For Hearing A Multitude Of Tongues In And Beyond The Sexual Education Curricula At Public High Schools, Carlo A. Pedrioli

Faculty Scholarship

When public high schools promote heterosexuality at the cost of denying sexual minority youth the opportunity to learn about minority sexualities, these schools contribute to the disastrous situation in which many sexual minority high school students find themselves. This approach, which many public high schools take, is unnecessarily destructive and warrants prompt change. Instead of helping to perpetuate many of the challenges that sexual minority students face in high school, public high schools can and need to help address these challenges. To establish the case for such a position, this article begins by presenting the plight of many sexual minority …

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How The Border Crossed Us: Filling The Gap Between Plume V. Seward And The Dispossession Of Mexican Landowners In California After 1848, 52 Clev. St. L. Rev. 297 (2005), Kim D. Chanbonpin Jan 2005

How The Border Crossed Us: Filling The Gap Between Plume V. Seward And The Dispossession Of Mexican Landowners In California After 1848, 52 Clev. St. L. Rev. 297 (2005), Kim D. Chanbonpin

UIC Law Open Access Faculty Scholarship

No abstract provided.

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Time Out Of Mind: Our Collective Amnesia About The History Of The Privileges Or Immunities Clause, Michael P. O'Connor Jan 2005

Time Out Of Mind: Our Collective Amnesia About The History Of The Privileges Or Immunities Clause, Michael P. O'Connor

Kentucky Law Journal

No abstract provided.

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The Majoritarian Difficulty: Affirmative Action, Sodomy, And Supreme Court Politics, Darren Lenard Hutchinson Jan 2005

The Majoritarian Difficulty: Affirmative Action, Sodomy, And Supreme Court Politics, Darren Lenard Hutchinson

UF Law Faculty Publications

Contemporary debates over recent Court decisions provide a rich context to weigh claims of judicial countermajoritarianism against the work of constitutional theorists, critical legal scholars, and political scientists who view the Court as a majoritarian body. In particular, the Court's decisions in Lawrence v. Texas, Gratz v. Bollinger, and Grutter v. Bollinger have reignited arguments concerning the propriety of judicial review. Prominent judicial commentators have described the decisions as important, and unexpected, civil rights victories from a markedly conservative Court. Liberal and conservative scholars and activists seem to agree with this description: mainline civil rights organizations and liberal scholars view …

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The Majoritarian Difficulty: Affirmative Action, Sodomy, And Supreme Court Politics, Darren L. Hutchinson Jan 2005

The Majoritarian Difficulty: Affirmative Action, Sodomy, And Supreme Court Politics, Darren L. Hutchinson

Faculty Articles

This Article challenges liberal and conservative assessments of Lawrence, Gratz, and Grutter. Although the outcome of these cases might indeed prove helpful to the agendas of social movements for racial and sexual justice, progressive scholars and activists should not receive these cases with elation. Instead, the research of constitutional theorists, critical legal scholars, and political scientists allows for a more contextualized and guarded account of and reaction to these decisions. Instead of representing extraordinary victories for oppressed classes, these cases reflect majoritarian and moderate views concerning civil rights, and the opinions contain many doctrinal elements that reinforce, …

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For The Sake Of All Children: Opponents And Supporters Of Same-Sex Marriage Both Miss The Mark, Nancy Polikoff Jan 2005

For The Sake Of All Children: Opponents And Supporters Of Same-Sex Marriage Both Miss The Mark, Nancy Polikoff

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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