Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (1911)
- Civil Rights and Discrimination (1041)
- Supreme Court of the United States (695)
- Criminal Procedure (565)
- Law and Race (565)
-
- Criminal Law (535)
- State and Local Government Law (507)
- Courts (491)
- First Amendment (481)
- Law and Society (469)
- Law and Gender (433)
- Law Enforcement and Corrections (426)
- Legal History (425)
- Legislation (394)
- Jurisprudence (386)
- Education Law (376)
- Human Rights Law (346)
- Fourth Amendment (340)
- Law and Politics (336)
- Family Law (329)
- Judges (323)
- Election Law (321)
- Sexuality and the Law (314)
- Health Law and Policy (307)
- Immigration Law (302)
- Administrative Law (291)
- Labor and Employment Law (291)
- Juvenile Law (289)
- Institution
-
- University of Michigan Law School (488)
- Washington and Lee University School of Law (265)
- Seattle University School of Law (240)
- Touro University Jacob D. Fuchsberg Law Center (221)
- Yeshiva University, Cardozo School of Law (152)
-
- William & Mary Law School (138)
- Pepperdine University (76)
- UIC School of Law (71)
- Maurer School of Law: Indiana University (67)
- Cleveland State University (57)
- Vanderbilt University Law School (57)
- The University of Akron (54)
- University of Maryland Francis King Carey School of Law (54)
- University of Georgia School of Law (48)
- St. John's University School of Law (47)
- University of Washington School of Law (44)
- Northwestern Pritzker School of Law (37)
- Florida State University College of Law (35)
- Notre Dame Law School (35)
- Fordham Law School (33)
- University of Colorado Law School (33)
- University of Richmond (30)
- Brigham Young University Law School (29)
- Brooklyn Law School (29)
- Columbia Law School (29)
- New York Law School (29)
- University of Cincinnati College of Law (27)
- University of Oklahoma College of Law (26)
- Cornell University Law School (25)
- University of Arkansas Little Rock (25)
- Keyword
-
- Fourteenth Amendment (420)
- Due process (286)
- Equal protection (257)
- Equal Protection Clause (201)
- Supreme Court (176)
-
- Fourteenth amendment (174)
- Constitution (134)
- Discrimination (131)
- Constitutional law (117)
- United States Supreme Court (107)
- Due Process Clause (105)
- Capital punishment sentencing (102)
- Due Process (102)
- United States Constitution 14th Amendment (101)
- Fifth Amendment (86)
- Equal Protection (79)
- Constitutional Law (76)
- First Amendment (75)
- Race (73)
- Affirmative action (70)
- Abortion (67)
- New York (60)
- Race and law (60)
- Segregation (53)
- Federal (52)
- Federalism (52)
- 14th Amendment (51)
- Civil rights (51)
- Brown v. Board of Education (50)
- Congress (47)
- Publication Year
- Publication
-
- Michigan Law Review (361)
- Seattle University Law Review (199)
- Touro Law Review (181)
- Capital Defense Journal (137)
- Faculty Scholarship (112)
-
- Articles (86)
- UIC Law Review (65)
- Pepperdine Law Review (64)
- Cardozo Law Review (60)
- William & Mary Bill of Rights Journal (53)
- Akron Law Review (49)
- Vanderbilt Law Review (46)
- Maryland Law Review (41)
- Cardozo Journal of Equal Rights & Social Justice (40)
- Faculty Publications (40)
- Cleveland State Law Review (39)
- Scholarly Works (38)
- Supreme Court Case Files (38)
- Washington and Lee Law Review (37)
- The Catholic Lawyer (36)
- William & Mary Law Review (36)
- Indiana Law Journal (35)
- Publications (33)
- Washington Law Review (33)
- Journal of Race, Gender, and Ethnicity (29)
- Florida State University Law Review (28)
- Scholarly Articles (28)
- Seattle Journal for Social Justice (27)
- Faculty Articles (26)
- Cornell Law Faculty Publications (25)
- Publication Type
- File Type
Articles 1861 - 1890 of 3158
Full-Text Articles in Fourteenth Amendment
Generalizing Disability, Michael Ashley Stein
Generalizing Disability, Michael Ashley Stein
Michigan Law Review
Published in 1949, Joseph Tussman and Jacobus tenBroek's article The Equal Protection of the Laws has exerted longstanding influence on subsequent Fourteenth Amendment scholarship. Insightfully, Tussman and tenBroek identified a paradox: although the very notion of equality jurisprudence is a "pledge of the protection of equal laws," laws themselves frequently classify individuals, and "the very idea of classification is that of inequality." Notably, classification raises two sometimes concurrent varieties of inequality: over-inclusiveness and under-inclusiveness. Of these, over-inclusiveness is a more egregious equal protection violation due to its ability to "reach out to the innocent bystander, the hapless victim of circumstance …
Did The Government Finally Get It Right? An Analysis Of The Former Ins, The Office Of Refugee Resettlement And Unaccompanied Minor Aliens' Due Process Rights, Jessica G. Taverna
Did The Government Finally Get It Right? An Analysis Of The Former Ins, The Office Of Refugee Resettlement And Unaccompanied Minor Aliens' Due Process Rights, Jessica G. Taverna
William & Mary Bill of Rights Journal
No abstract provided.
The Murky Depths Of The Entry Fiction Doctrine: The Plight Of Inadmissible Aliens Post-Zadvydas, Allison Wexler
The Murky Depths Of The Entry Fiction Doctrine: The Plight Of Inadmissible Aliens Post-Zadvydas, Allison Wexler
Cardozo Law Review
No abstract provided.
Profiling With Apologies, Sherry F. Colb
Profiling With Apologies, Sherry F. Colb
Cornell Law Faculty Publications
No abstract provided.
Enforcing Brown In The Little Rock Crisis, Tony A. Freyer
Enforcing Brown In The Little Rock Crisis, Tony A. Freyer
The Journal of Appellate Practice and Process
No abstract provided.
Symposium Discussion
The Journal of Appellate Practice and Process
No abstract provided.
Speech On Brown V. Board Of Education, May 1, 1981, Paul E. Wilson
Speech On Brown V. Board Of Education, May 1, 1981, Paul E. Wilson
The Journal of Appellate Practice and Process
No abstract provided.
A Time To Lose, D. P. Marshall Jr.
A Time To Lose, D. P. Marshall Jr.
The Journal of Appellate Practice and Process
No abstract provided.
Introduction: Brown In The Supreme Court, Dennis J. Hutchinson
Introduction: Brown In The Supreme Court, Dennis J. Hutchinson
The Journal of Appellate Practice and Process
No abstract provided.
Voices Of The Brown Generation: Description Of A Project, Mildred Wigfall Robinson
Voices Of The Brown Generation: Description Of A Project, Mildred Wigfall Robinson
The Journal of Appellate Practice and Process
No abstract provided.
Litigation Campaigns And The Search For Constitutional Rules, Mark V. Tushnet
Litigation Campaigns And The Search For Constitutional Rules, Mark V. Tushnet
The Journal of Appellate Practice and Process
No abstract provided.
Back To Basics: Returning To The Matter Of Black Inferiority And White Supremacy In The Post-Brown Era, Regina Austin
Back To Basics: Returning To The Matter Of Black Inferiority And White Supremacy In The Post-Brown Era, Regina Austin
The Journal of Appellate Practice and Process
No abstract provided.
Brown Et Al. V. Board Of Education Of Topeka Et Al., 347 U.S. 483 (1954), Supreme Court Of The United States
Brown Et Al. V. Board Of Education Of Topeka Et Al., 347 U.S. 483 (1954), Supreme Court Of The United States
The Journal of Appellate Practice and Process
No abstract provided.
Reflections On Brown, Paul D. Carrington
Reflections On Brown, Paul D. Carrington
The Journal of Appellate Practice and Process
No abstract provided.
The Undiscovered Country: Northern Views Of The Defeated South And The Political Background Of The Fourteenth Amendment, Garrett Epps
The Undiscovered Country: Northern Views Of The Defeated South And The Political Background Of The Fourteenth Amendment, Garrett Epps
All Faculty Scholarship
In 1866, Harper's Weekly announced a new series of woodcuts of Southern life with the remark, "[t]o us the late Slave States seem almost like a newly discovered country." It is difficult for Americans in the Twenty-First Century, in a culture of cable news coverage and national newspapers, to appreciate just how mysterious the former Confederacy seemed to Northerners in the months after Appomattox. It was not simply that four years of war had made communication between the two halves of the nation difficult - though that was true, and both Northern and Southern society had changed during the searing …
Wilson V. Ozmint 352 F.3d 847 (4th Cir. 2003)
Wilson V. Ozmint 352 F.3d 847 (4th Cir. 2003)
Capital Defense Journal
No abstract provided.
Palmer V. Clarke 293 F. Supp. 2d 1011 (D. Neb. 2003)
Palmer V. Clarke 293 F. Supp. 2d 1011 (D. Neb. 2003)
Capital Defense Journal
No abstract provided.
Prejudiced By The Presence Of God: Keeping Religious Material Out Of Death Penalty Deliberations, Terrence T. Egland
Prejudiced By The Presence Of God: Keeping Religious Material Out Of Death Penalty Deliberations, Terrence T. Egland
Capital Defense Journal
No abstract provided.
Lovitt V. Warden 585 S.E.2d 801 (Va. 2003)
Lovitt V. Warden 585 S.E.2d 801 (Va. 2003)
Capital Defense Journal
No abstract provided.
Brown V. Luebbers 344 F.3d 770 (8th Cir. 2003)
Brown V. Luebbers 344 F.3d 770 (8th Cir. 2003)
Capital Defense Journal
No abstract provided.
Even Aliens Are Entitled To Due Process: Extending Mathews V. Eldridge Balancing To Board Of Immigration Appeals Procedural Reform, Bradley J. Wyatt
Even Aliens Are Entitled To Due Process: Extending Mathews V. Eldridge Balancing To Board Of Immigration Appeals Procedural Reform, Bradley J. Wyatt
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.
Family Leave Policies Trump States Rights: Nevada Department Of Human Resources V. Hibbs And Its Impact Of Sovereign Immunity Jurisprudence, 37 J. Marshall L. Rev. 599 (2004), Jana L. Tibben
UIC Law Review
No abstract provided.
Resurrecting The White Primary, Ellen D. Katz
Resurrecting The White Primary, Ellen D. Katz
Articles
An unprecedented number of noncompetitive or "safe" electoral districts operate in the United States today. Noncompetitive districts elect officials with more extreme political views and foster more polarized legislatures than do competitive districts. More fundamentally, they inhibit meaningful political participation. That is because participating in an election that is decided before it begins is an empty exercise. Voting in a competitive election is not, even though a single vote will virtually never decide the outcome. What a competitive election offers to each voter is the opportunity to be the coveted swing voter, the one whose support candidates most seek, the …
Derechos Y Honra Públicos: Louis Martinet, Plessy Contra Ferguson Y El Acceso A La Ley En Luisiana, 1888-1917, Rebecca J. Scott
Derechos Y Honra Públicos: Louis Martinet, Plessy Contra Ferguson Y El Acceso A La Ley En Luisiana, 1888-1917, Rebecca J. Scott
Articles
Rebecca J. Scott explores the historical context of Plessy v. Ferguson to two ends. First, Scott argues that that the historical situation, including everyday legal practice, helps us understand the source of the arguments in the case. In particular, the plaintiffs based their understanding of their rights in the French revolution, the Louisiana Constitution, and their experience exercising their rights through notaries. Second, Scott argues that the plaintiffs and defendants sought to frame the case with different rights. For the plaintiffs, the issue with the Separate Car Act was "public rights" and "the dignity of citizenship." The defendants instead framed …
Bolling Alone, Richard A. Primus
Bolling Alone, Richard A. Primus
Articles
Under the doctrine of reverse incorporation, generally identified with the Supreme Court's decision in Bolling v. Sharpe, equal protection binds the federal government even though the Equal Protection Clause by its terms is addressed only to states. Since Bolling, however, the courts have almost never granted relief to litigants claiming unconstitutional racial discrimination by the federal government. Courts have periodically found unconstitutional federal discrimination on nonracial grounds such as sex and alienage, and reverse incorporation has also limited the scope of affirmative action. But in the presumed core area of preventing federal discrimination against racial minorities, Boiling has virtually no …
Permitted But Not Intended: Boub V. Township Of Wayne, Municipal Tort Immunity In Illinois, And The Right To Local Travel, 38 J. Marshall L. Rev. 545 (2004), Bruce Epperson
UIC Law Review
No abstract provided.
Patriot Act Ii And Denationalization: An Unconstitutional Attempt To Revive Stripping Americans Of Their Citizenship, Nora Graham
Patriot Act Ii And Denationalization: An Unconstitutional Attempt To Revive Stripping Americans Of Their Citizenship, Nora Graham
Cleveland State Law Review
This Note will examine the rise and fall of denationalization in the United States and argue that Section 501 of Patriot Act II, which seeks to revive denationalization by amending the Immigration and Nationality Act, will be unconstitutional if passed by Congress in its present form. Part II of this Note will examine the history of denationalization in the United States. Part Ill explores in detail the proposed amendments to the Immigration and Nationality Act in Section 501 of Patriot Act II that provide for a revival of denationalization. This section also discusses the potential for abuses that may result …
Critical Race Histories: In And Out, Darren L. Hutchinson
Critical Race Histories: In And Out, Darren L. Hutchinson
Faculty Articles
Insider critiques of CRT also require critical assessment. Recent internal critics complain that racial identity discourse, including multidimensionality theory, marginalizes more important attention to material, class, or economic issues. If their claim holds true, the material harm critics serve a vital purpose: because racial injustice causes and interacts with economic deprivation, any progressive racial justice movement should interrogate class and economic inequality concems. Nevertheless, the analysis of the material harm critics suffers because it dichotomizes class and multidimensionality. Although these critics bifurcate multiplicity and class analysis, multiplicity theories relate to class analysis in two important respects. First, poverty has multidimensional …
Retooling The Intent Requirement Under The Fourteenth Amendment, Henry L. Chambers, Jr.
Retooling The Intent Requirement Under The Fourteenth Amendment, Henry L. Chambers, Jr.
Law Faculty Publications
Racial classifications carry the largest taint and require the most justification. Strict scrutiny-the level of scrutiny with which the remainder of the article will be concerned-requires that race-based differentiation serve a compelling state interest and be narrowly tailored to serve that interest, guaranteeing that the reason for the differentiation is extremely important and that the link between the means chosen to meet the ends is extremely tight. Though strict scrutiny is difficult to survive, it is triggered only when a state actor engages in intentional or purposeful racial discrimination. Controversy surrounds whether such a trigger is necessary. However, rather than …