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Articles 2251 - 2280 of 3158
Full-Text Articles in Fourteenth Amendment
Religion-Based Peremptory Challenges After Batson V. Kentucky And J.E.B. V. Alabama: An Equal Protection And First Amendment Analysis, Benjamin Hoorn Barton
Religion-Based Peremptory Challenges After Batson V. Kentucky And J.E.B. V. Alabama: An Equal Protection And First Amendment Analysis, Benjamin Hoorn Barton
Michigan Law Review
This Note argues that under Batson, J.E.B., the First Amendment, and the Equal Protection Clause, religion-based peremptory challenges are unconstitutional. This Note asserts that the analysis of governmental religious discrimination, such as a peremptory challenge, is the same under either the First Amendment or the Equal Protection Clause because both apply strict scrutiny to purposeful government discrimination.
Part I examines Batson and J.E.B. in greater detail and states a model for analyzing discriminatory peremptory challenges in which such challenges are treated as intentional governmental discrimination subject to heightened scrutiny. Part II argues that under the First Amendment, intentional governmental …
Tuggle V. Netherland 1995 Wl 630932 (U.S.) United States Supreme Court
Tuggle V. Netherland 1995 Wl 630932 (U.S.) United States Supreme Court
Capital Defense Journal
No abstract provided.
Correll V. Thompson 63 F.3d 1279 (4th Cir. 1995) United States Court Of Appeals, Fourth Circuit
Correll V. Thompson 63 F.3d 1279 (4th Cir. 1995) United States Court Of Appeals, Fourth Circuit
Capital Defense Journal
No abstract provided.
Gray V. Thompson 58 F.3d 59 (4th Cir. 1995) United States Court Of Appeals, Fourth Circuit
Gray V. Thompson 58 F.3d 59 (4th Cir. 1995) United States Court Of Appeals, Fourth Circuit
Capital Defense Journal
No abstract provided.
Graham V. Commonwealth 250 Va. 79,459 S.E.2d 97 (1995) Supreme Court Of Virginia
Graham V. Commonwealth 250 Va. 79,459 S.E.2d 97 (1995) Supreme Court Of Virginia
Capital Defense Journal
No abstract provided.
Mickens V. Commonwealth 249 Va. 423, 457 S.E.2d 9 (1995) Supreme Court Of Virginia
Mickens V. Commonwealth 249 Va. 423, 457 S.E.2d 9 (1995) Supreme Court Of Virginia
Capital Defense Journal
No abstract provided.
Rosa Parks: Foremother & Heroine Teaching Civility & Offering A Vision For A Better Tomorrow, A. Leon Higginbotham, Jr.
Rosa Parks: Foremother & Heroine Teaching Civility & Offering A Vision For A Better Tomorrow, A. Leon Higginbotham, Jr.
Florida State University Law Review
No abstract provided.
A Disparity That Is Worlds Apart: The Federal Sentencing Guidelines Treatment Of Crack Cocaine And Powder Cocaine, Kimberley Mache Maxwell
A Disparity That Is Worlds Apart: The Federal Sentencing Guidelines Treatment Of Crack Cocaine And Powder Cocaine, Kimberley Mache Maxwell
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Johnson V. De Grandy: Mixed Messages On Equal Electoral Opportunity Under Section 2 Of The Voting Rights Act, Brenda Wright
Johnson V. De Grandy: Mixed Messages On Equal Electoral Opportunity Under Section 2 Of The Voting Rights Act, Brenda Wright
University of the District of Columbia Law Review
Johnson v. De Grandy' is Florida's contribution to the burgeoning Supreme Court jurisprudence addressing the redistricting which followed the 1990 Census.2 That round of redistricting has been heavily influenced by Section 2 of the Voting Rights Act of 1965, which Congress amended in 1982 to prohibit election practices that deny minorities an equal opportunity to participate in the political process andelect candidates of their choice to office.3 Because the composition of election districts may have a powerful impact on the ability of racial or ethnic minorities to elect candidates of their choice to office, 4 redistricting is among the practices …
Holder V. Hall: Blinking At Minority Voting Rights, Laughlin Mcdonald
Holder V. Hall: Blinking At Minority Voting Rights, Laughlin Mcdonald
University of the District of Columbia Law Review
Parts I and II of this Article discuss the sole commissioner form of government in Bleckley County and the nature and disposition of plaintiffs' Section 2 challenge in the lower courts. Part III analyzes the decision of the Supreme Court, its formalistic construction of Section 2, and the Court's retreat from voting rights enforcement. Part IV is a critique of the concurring opinion of Justice Thomas and responds to his arguments that the creation of majority-minority districts improperly embroils the courts in political theorizing and is a form of segregation. This Article concludes with a discussion of the critical role …
The Constitutionality Of Racial Redistricting: A Critique Of Shaw V. Reno, Frank R, Parker
The Constitutionality Of Racial Redistricting: A Critique Of Shaw V. Reno, Frank R, Parker
University of the District of Columbia Law Review
No abstract provided.
Burket V. Commonwealth 248 Va. 596,450 S.E.2d 124 (1994) Supreme Court Of Virginia
Burket V. Commonwealth 248 Va. 596,450 S.E.2d 124 (1994) Supreme Court Of Virginia
Capital Defense Journal
No abstract provided.
Williams V. Commonwealth 248 Va. 528,450 S.E.2d 365 (1994) Supreme Court Of Virginia
Williams V. Commonwealth 248 Va. 528,450 S.E.2d 365 (1994) Supreme Court Of Virginia
Capital Defense Journal
No abstract provided.
Ramdass V. Commonwealth 248 Va. 518, 450 S.E.2d 360 (1994) Supreme Court Of Virginia
Ramdass V. Commonwealth 248 Va. 518, 450 S.E.2d 360 (1994) Supreme Court Of Virginia
Capital Defense Journal
No abstract provided.
Wright V. Commonwealth 248 Va. 485, 450 S.E.2d 361 (1994) Supreme Court Of Virginia
Wright V. Commonwealth 248 Va. 485, 450 S.E.2d 361 (1994) Supreme Court Of Virginia
Capital Defense Journal
No abstract provided.
Harris V. Alabama 115 S. Ct. 1031 (1995) United States Supreme Court
Harris V. Alabama 115 S. Ct. 1031 (1995) United States Supreme Court
Capital Defense Journal
No abstract provided.
Weeks V. Commonwealth 248 Va. 460, 450 S.E.2d 379 (1994) Supreme Court Of Virginia
Weeks V. Commonwealth 248 Va. 460, 450 S.E.2d 379 (1994) Supreme Court Of Virginia
Capital Defense Journal
No abstract provided.
State V. Davis: Peremptory Strikes And Religion?The Unworkable Peremptory Challenge Jurisprudence, D. Scott Crook
State V. Davis: Peremptory Strikes And Religion?The Unworkable Peremptory Challenge Jurisprudence, D. Scott Crook
Brigham Young University Journal of Public Law
No abstract provided.
Simmons V. South Carolina: Safeguarding A Capital Defendant's Right To Fair Sentencing, Mark Zaug
Simmons V. South Carolina: Safeguarding A Capital Defendant's Right To Fair Sentencing, Mark Zaug
Loyola University Chicago Law Journal
No abstract provided.
J.E.B. V. Alabama Ex Rel. T.B.: Strike Two For The Peremptory Challenge, Anna M. Scruggs
J.E.B. V. Alabama Ex Rel. T.B.: Strike Two For The Peremptory Challenge, Anna M. Scruggs
Loyola University Chicago Law Journal
No abstract provided.
Section 1983 Litigation, Martin A. Schwartz
J.E.B. V. Alabama Ex Rel. T.B.: The Supreme Court Moves Closer To Eimination Of The Peremptory Challenge
Maryland Law Review
No abstract provided.
The Religious Freedom Restoration Act: The Constitutional Significance Of An Unconstitutional Statute, Daniel O. Conkle
The Religious Freedom Restoration Act: The Constitutional Significance Of An Unconstitutional Statute, Daniel O. Conkle
Articles by Maurer Faculty
This article addresses the constitutionality and the constitutional significance of the Religious Freedom Restoration Act of 1993 (RFRA), through which Congress, relying on Section 5 of the 14th Amendment, attempted to repudiate the Supreme Court's restrictive interpretation of the Free Exercise Clause, as announced in Employment Division v. Smith, and to adopt in its place a more generous regime of religious freedom. The article advances two major propositions. First, it contends that despite the Act's noble purpose, RFRA circumvents the process of constitutional amendment, frustrates the Supreme Court's role as the primary interpreter of the Constitution, and improperly intrudes on …
The December 1993 Amendments To The Federal Rules Of Civil Procedure--A Critical Analysis, Leslie M. Kelleher
The December 1993 Amendments To The Federal Rules Of Civil Procedure--A Critical Analysis, Leslie M. Kelleher
Touro Law Review
No abstract provided.
Reflections On Inclusionary Housing And A Renewed Look At Its Viability, Laura M. Padilla
Reflections On Inclusionary Housing And A Renewed Look At Its Viability, Laura M. Padilla
Faculty Scholarship
This article explores property rights, housing policy, and affordable housing.