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Articles 2281 - 2310 of 3158
Full-Text Articles in Fourteenth Amendment
The Other Right-To-Life Debate: When Does Fourteenth Amendment Life End, Douglas O. Linder
The Other Right-To-Life Debate: When Does Fourteenth Amendment Life End, Douglas O. Linder
Faculty Works
No abstract provided.
Reflections On From Slaves To Citizens Bondage, Freedom And The Constitution: The New Slavery Scholarship And Its Impact On Law And Legal Historiography, Robert J. Kaczorowski
Reflections On From Slaves To Citizens Bondage, Freedom And The Constitution: The New Slavery Scholarship And Its Impact On Law And Legal Historiography, Robert J. Kaczorowski
Faculty Scholarship
The thesis of Professor Donald Nieman's paper, "From Slaves to Citizens: African-Americans, Rights Consciousness, and Reconstruction," is that the nation experienced a revolution in the United States Constitution and in the consciousness of African Americans. According to Professor Nieman, the Reconstruction Amendments represented "a dramatic departure from antebellum constitutional principles,"' because the Thirteenth Amendment reversed the pre-Civil War constitutional guarantee of slavery and "abolish[ed] slavery by federal authority." The Fourteenth Amendment rejected the Supreme Court's "racially-based definition of citizenship [in Dred Scott v. Sandford4], clearly establishing a color-blind citizenship” and the Fifteenth Amendment "wrote the principle of equality into the …
A Child's Right To Protection From Transfer Trauma In A Contested Adoption Case, Suellyn Scarnecchia
A Child's Right To Protection From Transfer Trauma In A Contested Adoption Case, Suellyn Scarnecchia
Articles
On August 2, 1993, I arrived at the home of Jan, Robby, and Jessica DeBoer' a few hours before the transfer. At 2:00 P.M. I would carry Jessica out of her home and deliver her to the parents who had won the case,2 her biological mother and father. This task probably would have been easier had I not spent eight days in the trial court listening to the experts explain that this transfer from one set of parents to another would harm Jessica.3 It would have been easier had I not recently obtained affidavits from other experts to persuade the …
Forty Years In The Desert, Paul F. Campos
Forty Years In The Desert, Paul F. Campos
Publications
The author uses Brown v. Board of Education and the volumes of commentary it has provoked to illustrate that coherent constitutional interpretation is a useless exercise. He argues that the decision should be accepted as political reality and moral necessity and that we should cease debating its merit as constitutional interpretation.
The Religious Freedom Restoration Act: Letting The Fox Into The Henhouse Under Cover Of Section 5 Of The Fourteenth Amendment, Marci A. Hamilton
The Religious Freedom Restoration Act: Letting The Fox Into The Henhouse Under Cover Of Section 5 Of The Fourteenth Amendment, Marci A. Hamilton
Cardozo Law Review
The Religious Freedom Restoration Act ("RFRA") has now been in effect for over a year. RFRA is an understandable, but unconstitutional, attempt to supplement the contemporary Supreme Court's crabbed reading of the Free Exercise Clause. In a nutshell, RFRA sets the standard of review-the "compelling interest" test-to be applied to federal and state law burdening the free exercise of religious conduct. RFRA has already been employed to decide a series of cases, most of which were brought by prison inmates. The time rapidly approaches when the courts of appeals, and even the Supreme Court, will be asked to pass on …
Freedom From Incarceration: Why Is This Right Different From All Other Rights?, Sherry F. Colb
Freedom From Incarceration: Why Is This Right Different From All Other Rights?, Sherry F. Colb
Cornell Law Faculty Publications
American constitutional jurisprudence has long accepted the notion that the exercise of certain rights can only be restricted by the government if the restriction satisfies strict scrutiny. The Supreme Court has identified such rights as fundamental often by relying on an expansive interpretation of the word "liberty" in the due process clause of the fourteenth amendment. In this Article, Professor Colb argues that the Supreme Court has failed to recognize the right to physical liberty itself as a fundamental right. She demonstrates that at present conduct that is not itself constitutionally protected may serve as the basis for imprisonment even …
Simmons V. South Carolina 114 S. Ct. 2187 (1994) United States Supreme Court
Simmons V. South Carolina 114 S. Ct. 2187 (1994) United States Supreme Court
Capital Defense Journal
No abstract provided.
Tuilaepa V. California Proctor V. California 114 S. Ct. 2630 (1994) United States Supreme Court
Tuilaepa V. California Proctor V. California 114 S. Ct. 2630 (1994) United States Supreme Court
Capital Defense Journal
No abstract provided.
Romano V. Oklahoma 114 S. Ct. 2004 (1994) United States Supreme Court
Romano V. Oklahoma 114 S. Ct. 2004 (1994) United States Supreme Court
Capital Defense Journal
No abstract provided.
If At First You Don't Succeed: The Real And Potential Impact Of Simmons V. South Carolina In Virginia, Barbra Anna Pohl, Cameron P. Turner
If At First You Don't Succeed: The Real And Potential Impact Of Simmons V. South Carolina In Virginia, Barbra Anna Pohl, Cameron P. Turner
Capital Defense Journal
No abstract provided.
Go Home Stranger: An Analysis Of Unequal Workers' Compensation Death Benefits To Nonresident Alien Beneficiaries, Adam S. Hersh
Go Home Stranger: An Analysis Of Unequal Workers' Compensation Death Benefits To Nonresident Alien Beneficiaries, Adam S. Hersh
Florida State University Law Review
No abstract provided.
The Constitution Besieged: The Rise And Demise Of Lochner Era Police Powers Jurisprudence, C. Ian Anderson
The Constitution Besieged: The Rise And Demise Of Lochner Era Police Powers Jurisprudence, C. Ian Anderson
Michigan Law Review
A Review of The Constitution Besieged: The Rise and Demise of Lochner Era Police Powers Jurisprudence by Howard Gillman
A Precarious Path: The Bill Of Rights After 200 Years, Tony A. Freyer
A Precarious Path: The Bill Of Rights After 200 Years, Tony A. Freyer
Vanderbilt Law Review
The Bill of Rights occupies an ambiguous place in American society. Americans favor the Bill of Rights in principle, but when asked whether they support particular rights guarantees for real-life practices such as gun ownership, capital punishment, abortion, and flag burning, Americans fervently and profoundly disagree. The essays David J. Bodenhamer and James W. Ely, Jr. have compiled in The Bill of Rights in Modern America After 200 Years, richly suggest why Americans have reconciled principle and practice with such difficulty. Written for a popular audience by specialists who possess a profound knowledge of and differing views concerning the technical …
Spencer V. Murray (Spencer I) 5 F.3d 758 (4th Cir. 1993)
Spencer V. Murray (Spencer I) 5 F.3d 758 (4th Cir. 1993)
Capital Defense Journal
No abstract provided.
Ramdass V. Commonwealth 246 Va. 413, 437 S.E.2d 566 (1993)
Ramdass V. Commonwealth 246 Va. 413, 437 S.E.2d 566 (1993)
Capital Defense Journal
No abstract provided.
A Response To Professor Choper: Laying Down Another Ladder, Sheri Lynn Johnson
A Response To Professor Choper: Laying Down Another Ladder, Sheri Lynn Johnson
Cornell Law Faculty Publications
No abstract provided.
"Buying Up Speech": Active Government And The Terms Of The First Amendment And Fourteenth Amendments, William T. Mayton
"Buying Up Speech": Active Government And The Terms Of The First Amendment And Fourteenth Amendments, William T. Mayton
William & Mary Bill of Rights Journal
No abstract provided.
Bi-Partisan Voting: In Re Matthews
Due Process: People V. Morales
Due Process: Alfonso V. Fernandez
Due Process: Manshul Construction Corp. V. New York City School Construction Authority
Due Process: Manshul Construction Corp. V. New York City School Construction Authority
Touro Law Review
No abstract provided.
Due Process: Unification Theological Seminary V. City Of Poughkeepsie
Due Process: Unification Theological Seminary V. City Of Poughkeepsie
Touro Law Review
No abstract provided.
Equal Protection: People V. Childress
Equal Protection: In Re Cooper
Equal Protection: People V. Rodney
Equal Protection: New York State Clinical Laboratory Ass'n Inc. V. Kaladjian
Equal Protection: New York State Clinical Laboratory Ass'n Inc. V. Kaladjian
Touro Law Review
No abstract provided.
Challenging The Constitutionality Of President Clinton's Compromise: A Practical Alternative To The Military's Don't Ask, Don't Tell Policy, 28 J. Marshall L. Rev. 179 (1994), Kenneth S. Mclaughlin Jr.
Challenging The Constitutionality Of President Clinton's Compromise: A Practical Alternative To The Military's Don't Ask, Don't Tell Policy, 28 J. Marshall L. Rev. 179 (1994), Kenneth S. Mclaughlin Jr.
UIC Law Review
No abstract provided.
The Scope Of The Fourteenth Amendment Liberty Interest: Does The Constitution Encompass A Right To Define Oneself Out Of Existence? An Exchange Of Views With John A. Powell, Legal Director, American Civil Liberties Union, Robert A. Destro
Scholarly Articles
No abstract provided.