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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 Jan 1995

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 Jan 1995

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 …


Equal Protection Jan 1995

Equal Protection

Touro Law Review

No abstract provided.


A Child's Right To Protection From Transfer Trauma In A Contested Adoption Case, Suellyn Scarnecchia Jan 1995

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 Jan 1995

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 Dec 1994

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 Nov 1994

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 Sep 1994

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 Sep 1994

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 Sep 1994

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 Sep 1994

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 Jul 1994

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 May 1994

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 Apr 1994

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) Mar 1994

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) Mar 1994

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 Mar 1994

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 Feb 1994

"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 Jan 1994

Bi-Partisan Voting: In Re Matthews

Touro Law Review

No abstract provided.


Due Process: People V. Morales Jan 1994

Due Process: People V. Morales

Touro Law Review

No abstract provided.


Due Process: People V. Outley Jan 1994

Due Process: People V. Outley

Touro Law Review

No abstract provided.


Due Process: Alfonso V. Fernandez Jan 1994

Due Process: Alfonso V. Fernandez

Touro Law Review

No abstract provided.


Due Process: Manshul Construction Corp. V. New York City School Construction Authority Jan 1994

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 Jan 1994

Due Process: Unification Theological Seminary V. City Of Poughkeepsie

Touro Law Review

No abstract provided.


Equal Protection: People V. Childress Jan 1994

Equal Protection: People V. Childress

Touro Law Review

No abstract provided.


Equal Protection: In Re Cooper Jan 1994

Equal Protection: In Re Cooper

Touro Law Review

No abstract provided.


Equal Protection: People V. Rodney Jan 1994

Equal Protection: People V. Rodney

Touro Law Review

No abstract provided.


Equal Protection: New York State Clinical Laboratory Ass'n Inc. V. Kaladjian Jan 1994

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. Jan 1994

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 Jan 1994

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.