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Articles 2131 - 2160 of 3186

Full-Text Articles in Fourteenth Amendment

Delegation As A Danger To Liberty, Nadine Strossen Jan 1999

Delegation As A Danger To Liberty, Nadine Strossen

Cardozo Law Review

No abstract provided.

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Caste, Class, And Equal Citizenship, William E. Forbath Jan 1999

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 …

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The Supreme Court, Sexual Citizenship And The Idea Of Progress, Kendall Thomas Jan 1999

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.

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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 Jan 1999

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.

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From Enemies Of The Crown To Regional Telephone Companies: Bills Of Attainder Reappraised, Michael L. Landsman Jan 1999

From Enemies Of The Crown To Regional Telephone Companies: Bills Of Attainder Reappraised, Michael L. Landsman

Touro Law Review

No abstract provided.

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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 Jan 1999

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.

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City Of Boerne V. Flores Wrecks Rfra: Searching For Nuggets Among The Rubble, John Gatliff Jan 1999

City Of Boerne V. Flores Wrecks Rfra: Searching For Nuggets Among The Rubble, John Gatliff

American Indian Law Review

No abstract provided.

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Agency, Equality, And Antidiscrimination Law , Tracy E. Higgins, Laura A. Rosenbury Jan 1999

Agency, Equality, And Antidiscrimination Law , Tracy E. Higgins, Laura A. Rosenbury

Faculty Scholarship

The Supreme Court increasingly has interpreted the Equal Protection Clause as a mandate for the state to treat citizens as if they were equal-as a limitation on the state's ability to draw distinctions on the basis of characteristics such as race and, to a lesser extent, gender. In the context of race, the Court has struck down not only race-specific policies designed to harm the historically oppressed, but race conscious policies designed to foster racial equality. Although in theory the Court has left open the possibility that benign uses of race may be constitutional under some set of facts, in …

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The Qualitative Dimension Of Fourth Amendment "Reasonableness", Sherry F. Colb Nov 1998

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 …

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Equal Rights, Special Rights, And The Nature Of Antidiscrimination Law, Peter J. Rubin Nov 1998

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 …

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Brown V. French 147 F.3d 307 (4th Cir. 1998) Sep 1998

Brown V. French 147 F.3d 307 (4th Cir. 1998)

Capital Defense Journal

No abstract provided.

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Green V. French 143 F.3d 865 (4th Cir. 1998) Sep 1998

Green V. French 143 F.3d 865 (4th Cir. 1998)

Capital Defense Journal

No abstract provided.

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Hopkins V. Reeves 118 S. Ct. 1895 (1998) Sep 1998

Hopkins V. Reeves 118 S. Ct. 1895 (1998)

Capital Defense Journal

No abstract provided.

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Boyd V. French 147 F.3d 319 (4th Cir. 1998) Sep 1998

Boyd V. French 147 F.3d 319 (4th Cir. 1998)

Capital Defense Journal

No abstract provided.

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Buchanan V. Gilmore 139 F.3d 982 (4th Cir. 1998) Sep 1998

Buchanan V. Gilmore 139 F.3d 982 (4th Cir. 1998)

Capital Defense Journal

No abstract provided.

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Dubois V. Greene No. 97-21, 1998 Wl 276282 (4th Cir. May 20, 1998) Sep 1998

Dubois V. Greene No. 97-21, 1998 Wl 276282 (4th Cir. May 20, 1998)

Capital Defense Journal

No abstract provided.

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Fitzgerald V. Greene 150 F.3d 357 (4th Cir. 1998) Sep 1998

Fitzgerald V. Greene 150 F.3d 357 (4th Cir. 1998)

Capital Defense Journal

No abstract provided.

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Wright V. Angelone 151 F.3d 151 (4th Cir. 1998) Sep 1998

Wright V. Angelone 151 F.3d 151 (4th Cir. 1998)

Capital Defense Journal

No abstract provided.

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Jackson V. Commonwealth 499 S.E.2d 538 (Va. 1998) Sep 1998

Jackson V. Commonwealth 499 S.E.2d 538 (Va. 1998)

Capital Defense Journal

No abstract provided.

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The Legitimacy Of Cross-Gender Searches And Surveillance In Prisons: Defining An Appropriate And Uniform Review, Karoline E. Jackson Jul 1998

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.

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Unconscious Racism And The Criminal Law, Sheri Johnson Jul 1998

Unconscious Racism And The Criminal Law, Sheri Johnson

Cornell Law Faculty Publications

No abstract provided.

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Criminal Procedure, Justice, Ethics, And Zeal, Darryl K. Brown Jun 1998

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 …

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Race, Rights, And Remedies In Criminal Adjudication, Pamela S. Karlan Jun 1998

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, …

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A Response To Professor Rubenfeld, Jonathan D. Hacker Jun 1998

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 …

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Reply: Did The Fourteenth Amendment Repeal The First?, Jed Rubenfeld Jun 1998

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 …

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Accommodating Outness: Hurley, Free Speech, And Gay And Lesbian Equality, Darren Lenard Hutchinson Apr 1998

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 …

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Ducking Dred Scott: A Response To Alexander And Schauer, Emily Sherwin Apr 1998

Ducking Dred Scott: A Response To Alexander And Schauer, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.

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Hurdling The Police Coercion Requirement: State Alternatives To Colorado V. Connelly, Ronald G. Woodman Jr. Mar 1998

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.

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Oregon V. Elstad Revisited: Urging State Court Judges To Depart From The U.S. Supreme Court's Narrowing Of Miranda, Claudia R. Barbieri Mar 1998

Oregon V. Elstad Revisited: Urging State Court Judges To Depart From The U.S. Supreme Court's Narrowing Of Miranda, Claudia R. Barbieri

University of the District of Columbia Law Review

Imagine an average young man on the threshold of adulthood, living in a medium-sized town in a middle-class family. Still in his early years, he gets into a little local trouble and one day finds the police at his door. They ask him questions about a burglary. He panics, and as he racks his brain for some scrap of legal knowledge that might get him out of this frightening situation, he admits that he knows about the crime, stating he was there. The police become more persistent, telling him they know about his involvement, asking him if he wants to …

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Watkins V. Angelone 133 F.3d 920 (4th Cir. 1998) United States Court Of Appeal, Fourth Circuit Mar 1998

Watkins V. Angelone 133 F.3d 920 (4th Cir. 1998) United States Court Of Appeal, Fourth Circuit

Capital Defense Journal

No abstract provided.

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