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Articles 2101 - 2130 of 3158
Full-Text Articles in Fourteenth Amendment
The Politics Of Race On The Electronic Highway: An Analysis Of The Video Dialtone Redlining Cases, And The Nynex Consent Decree In Roxbury, Madeleine Mercedes Plasencia
The Politics Of Race On The Electronic Highway: An Analysis Of The Video Dialtone Redlining Cases, And The Nynex Consent Decree In Roxbury, Madeleine Mercedes Plasencia
Touro Law Review
No abstract provided.
53 Years In The Struggle For Equal Rights: An African-American Jurist's Life In The Law (Equal Justice Under The Law: An Autobiography By Constance Baker Motley), Lancelot B. Hewitt
53 Years In The Struggle For Equal Rights: An African-American Jurist's Life In The Law (Equal Justice Under The Law: An Autobiography By Constance Baker Motley), Lancelot B. Hewitt
Touro Law Review
No abstract provided.
The Ties That Bind, Melissa F. Savage
The Ties That Bind, Melissa F. Savage
Cardozo Journal of Equal Rights & Social Justice
The note examines the evolving legal recognition of foster parents' rights, particularly focusing on the constitutional protections afforded to long-term foster parents under the Due Process Clause of the Fourteenth Amendment. It highlights the significance of the Rodriguez v. McLoughlin case, which established that foster parents who have formed strong emotional bonds with a child and are in the process of adoption may have a constitutionally protected liberty interest in their relationship. The analysis emphasizes the tension between the contractual nature of foster care and the emotional ties that develop, advocating for due process protections for long-term foster parents while …
The Indentured Servants Of Academia: The Adjunct Faculty Dilemma And Their Limited Legal Remedies, John C. Duncan, Jr.
The Indentured Servants Of Academia: The Adjunct Faculty Dilemma And Their Limited Legal Remedies, John C. Duncan, Jr.
Journal Publications
In this half of the twentieth century, the academic equivalent of the indentured servant is the adjunct faculty member in higher education. Adjuncts cannot say or do much about their plight. The dilemma of adjunct faculty leads to what should be considered a violation of due process rights. This Article first examines who are the adjunct faculty, what are their dilemmas, and how are they viewed in the academic world. The heart of the paper then explores the limited legal remedies available. The essential problems of lack of due process and minimal protection through collective bargaining and contractual agreements are …
Refined Incorporation And The Fourteenth Amendment, Richard L. Aynes
Refined Incorporation And The Fourteenth Amendment, Richard L. Aynes
University of Richmond Law Review
In Professor Akhil Reed Amar's The Bill of Rights: Creation and Reconstruction, the voices of Founders, Federalists, Anti-Federalists, promoters of the Bill of Rights, contrarians of Barron v. Mayor of Baltimore, abolitionists, antislavery advocates, Fourteenth Amendment Republican Framers, ratifiers, and twentieth-century U.S. Supreme Court justices, all have their role. If they do not sing the same tune, at least their voices, under Amar's skillful direction, whether melody or harmony, alto or soprano, all harmonize to produce a clear song.
Race As Resistance: Racial Identity As More Than Ancestral Heritage, Chris K. Iijima
Race As Resistance: Racial Identity As More Than Ancestral Heritage, Chris K. Iijima
Touro Law Review
No abstract provided.
In God's Image: The Religious Imperative Of Equality Under Law, George P. Fletcher
In God's Image: The Religious Imperative Of Equality Under Law, George P. Fletcher
Faculty Scholarship
This Essay argues that the principle of equality under law is best grounded in a holistic view of human dignity. Rejecting modem attempts to justify equality by reducing humanity to a particular actual characteristic, it articulates a religious imperative to treat people equally by drawing on biblical as well as modern philosophical sources. The principle "all men are created equal," as celebrated in the Declaration of Independence and Gettysburg Address, draws on this holistic understanding of humanity. This admittedly romantic approach to equality generates a critique of contemporary Supreme Court doctrine, including the prevailing approaches to strict scrutiny, affirmative action, …
The Supreme Court, Sexual Citizenship And The Idea Of Progress, Kendall Thomas
The Supreme Court, Sexual Citizenship And The Idea Of Progress, Kendall Thomas
Faculty Scholarship
Is American Progressive Constitutionalism dead ... yet? I propose to seek the beginnings of an answer to this question in the pages of a recent decision by the United States Supreme Court. I do feel obliged to say this, not because I am committed to a court-centered adjudicative conception of American constitutionalism; to the contrary. But rather, because the decision on which I want to focus seems to me to offer a rich resource for critical reflection on the idea of self-government whose connections to Progressive Constitutionalism give us our topic this afternoon.
City Of Boerne V. Flores Wrecks Rfra: Searching For Nuggets Among The Rubble, John Gatliff
City Of Boerne V. Flores Wrecks Rfra: Searching For Nuggets Among The Rubble, John Gatliff
American Indian Law Review
No abstract provided.
Caste, Class, And Equal Citizenship, William E. Forbath
Caste, Class, And Equal Citizenship, William E. Forbath
Michigan Law Review
There is a familiar egalitarian constitutional tradition and another we have largely forgotten. The familiar one springs from Brown v. Board of Education; its roots lie in the Reconstruction era. Court-centered and countermajoritarian, it takes aim at caste and racial subordination. The forgotten one also originated with Reconstruction, but it was a majoritarian tradition, addressing its arguments to lawmakers and citizens, not to courts. Aimed against harsh class inequalities, it centered on decent work and livelihoods, social provision, and a measure of economic independence and democracy. Borrowing a phrase from its Progressive Era proponents, I will call it the social …
The Qualitative Dimension Of Fourth Amendment "Reasonableness", Sherry F. Colb
The Qualitative Dimension Of Fourth Amendment "Reasonableness", Sherry F. Colb
Cornell Law Faculty Publications
Supreme Court doctrine protects two seemingly distinct kinds of interests under the heading of privacy rights: one "substantive," the other "procedural." The Fourth Amendment guarantee against "unreasonable searches and seizures" has been generally interpreted to protect procedural privacy. Searches are typically defined as governmental inspections of activities and locations in which an individual has a reasonable expectation of privacy from observation. In the typical case, this reasonable expectation of privacy may be breached only where the government has acquired a quantitatively substantial objective basis for believing that the search would uncover evidence of a crime. Substantive privacy rights have not …
Equal Rights, Special Rights, And The Nature Of Antidiscrimination Law, Peter J. Rubin
Equal Rights, Special Rights, And The Nature Of Antidiscrimination Law, Peter J. Rubin
Michigan Law Review
Despite the continued belief held by most Americans that certain characteristics should not form the basis for adverse decisions about individuals in employment, housing, public accommodations, and the provision of a wide range of governmental and private services and opportunities, antidiscrimination laws have increasingly come under attack on the ground that they provide members of the group against whom discrimination is forbidden with "special rights." The "special rights" objection has been voiced most strongly, but not exclusively, against laws that seek to prohibit discrimination on the basis of sexual orientation. This line of attack has not always been effective, but …
Brown V. French 147 F.3d 307 (4th Cir. 1998)
Brown V. French 147 F.3d 307 (4th Cir. 1998)
Capital Defense Journal
No abstract provided.
Green V. French 143 F.3d 865 (4th Cir. 1998)
Green V. French 143 F.3d 865 (4th Cir. 1998)
Capital Defense Journal
No abstract provided.
Hopkins V. Reeves 118 S. Ct. 1895 (1998)
Hopkins V. Reeves 118 S. Ct. 1895 (1998)
Capital Defense Journal
No abstract provided.
Boyd V. French 147 F.3d 319 (4th Cir. 1998)
Boyd V. French 147 F.3d 319 (4th Cir. 1998)
Capital Defense Journal
No abstract provided.
Buchanan V. Gilmore 139 F.3d 982 (4th Cir. 1998)
Buchanan V. Gilmore 139 F.3d 982 (4th Cir. 1998)
Capital Defense Journal
No abstract provided.
Dubois V. Greene No. 97-21, 1998 Wl 276282 (4th Cir. May 20, 1998)
Dubois V. Greene No. 97-21, 1998 Wl 276282 (4th Cir. May 20, 1998)
Capital Defense Journal
No abstract provided.
Fitzgerald V. Greene 150 F.3d 357 (4th Cir. 1998)
Fitzgerald V. Greene 150 F.3d 357 (4th Cir. 1998)
Capital Defense Journal
No abstract provided.
Wright V. Angelone 151 F.3d 151 (4th Cir. 1998)
Wright V. Angelone 151 F.3d 151 (4th Cir. 1998)
Capital Defense Journal
No abstract provided.
Jackson V. Commonwealth 499 S.E.2d 538 (Va. 1998)
Jackson V. Commonwealth 499 S.E.2d 538 (Va. 1998)
Capital Defense Journal
No abstract provided.
The Legitimacy Of Cross-Gender Searches And Surveillance In Prisons: Defining An Appropriate And Uniform Review, Karoline E. Jackson
The Legitimacy Of Cross-Gender Searches And Surveillance In Prisons: Defining An Appropriate And Uniform Review, Karoline E. Jackson
Indiana Law Journal
No abstract provided.
Unconscious Racism And The Criminal Law, Sheri Johnson
Unconscious Racism And The Criminal Law, Sheri Johnson
Cornell Law Faculty Publications
No abstract provided.
Reply: Did The Fourteenth Amendment Repeal The First?, Jed Rubenfeld
Reply: Did The Fourteenth Amendment Repeal The First?, Jed Rubenfeld
Michigan Law Review
To get right to the point: Mr. Hacker does not disagree that the Establishment Clause would, in the absence of the Fourteenth Amendment, have prohibited Congress from passing a nationwide religion law like RFRA. He believes, however, that the Fourteenth Amendment has in part repealed the First. Of course, he doesn't want to say repealed. The language of repeal is not pleasant to the ears of those who would like to forget about First Amendment antidisestablishmentarianism. The Fourteenth Amendment did not "repeal any aspect of the text of the [Establishment] Clause," Hacker says, but only "change[d] profoundly the meaning of …
Criminal Procedure, Justice, Ethics, And Zeal, Darryl K. Brown
Criminal Procedure, Justice, Ethics, And Zeal, Darryl K. Brown
Michigan Law Review
William Stuntz's recent article, The Uneasy Relationship Between Criminal Procedure and Criminal Justice, offers a series of thoughtful observations on the reasons that criminal procedure doctrines designed to protect defendants have done so little to improve the criminal justice system. Stuntz's article describes the unintended effects of attempts by the United States Supreme Court to improve criminal justice by closely regulating criminal procedure. That procedural focus has had perverse effects because, in a dynamic criminal justice system, other institutional players have responded to procedural rules in ways that undermine appellate courts' goals. Specifically, legislatures have reacted by expanding substantive criminal …
Race, Rights, And Remedies In Criminal Adjudication, Pamela S. Karlan
Race, Rights, And Remedies In Criminal Adjudication, Pamela S. Karlan
Michigan Law Review
Once upon a time, back before the Warren Court, criminal procedure and racial justice were adjacent hinterlands in constitutional law's empire. In 1954, the fifth edition of Dowling's constitutional law casebook contained one chapter on "procedural due process" in which six of the eight cases were about criminal justice, and three of those - Powell v. Alabama, Moore v. Dempsey, and Bailey v. Alabama - were as much about race as they were about crime. A few pages later, two slender chapters on the "national protection of civil rights" and "equal protection of the laws" contained seven and nine decisions, …
A Response To Professor Rubenfeld, Jonathan D. Hacker
A Response To Professor Rubenfeld, Jonathan D. Hacker
Michigan Law Review
Professor Jed Rubenfeld has offered in these pages an ingenious explanation for why the Supreme Court was right to strike down the Religious Freedom Restoration Act (RFRA) in City of Boerne v. Flores. Rubenfeld finds in the First Amendment's Establishment Clause a historical and inherent principle he calls "antidisestablishmentarianism": a prohibition on acts of Congress that "disestablish" religion in the several states. Rubenfeld reads the Establishment Clause as proscribing not only congressional acts that "establish" religion but also all congressional acts that "dictate a position on religion for states," including laws designed to ensure that states abide by the requirements …
Accommodating Outness: Hurley, Free Speech, And Gay And Lesbian Equality, Darren Lenard Hutchinson
Accommodating Outness: Hurley, Free Speech, And Gay And Lesbian Equality, Darren Lenard Hutchinson
UF Law Faculty Publications
In this article I explore two important questions raised by the Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston decision. First, although the Supreme Court did not analyze the case under the Roberts framework, it suggested at the conclusion of the opinion that the case would have the same outcome under that test. The Court's dictum concerning the Roberts trilogy thus raises the question whether Hurley indicates that the Court might disturb the Roberts doctrine if presented with the opportunity. Second, the Hurley Court, in rejecting GLIB's claim, found that the parade organizers were not attempting to exclude …
Ducking Dred Scott: A Response To Alexander And Schauer, Emily Sherwin
Ducking Dred Scott: A Response To Alexander And Schauer, Emily Sherwin
Cornell Law Faculty Publications
No abstract provided.
Hurdling The Police Coercion Requirement: State Alternatives To Colorado V. Connelly, Ronald G. Woodman Jr.
Hurdling The Police Coercion Requirement: State Alternatives To Colorado V. Connelly, Ronald G. Woodman Jr.
University of the District of Columbia Law Review
No abstract provided.