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Articles 2311 - 2340 of 3186
Full-Text Articles in Fourteenth Amendment
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.
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.
Can Science Guide Legal Argumentation? The Role Of Metaphor In Constitutional Cases, Stephen J. Safranek
Can Science Guide Legal Argumentation? The Role Of Metaphor In Constitutional Cases, Stephen J. Safranek
Loyola University Chicago Law Journal
No abstract provided.
The Fifty-Seventh Cleveland-Marshall Lecture: The Bill Of Rights And Our Posterity, Akhil Reed Amar
The Fifty-Seventh Cleveland-Marshall Lecture: The Bill Of Rights And Our Posterity, Akhil Reed Amar
Cleveland State Law Review
Inspired by our constitutional forebears, and conscious of my responsibilities to our constitutional posterity, I took pen in hand two summers ago to write a series of short essays on our Bill of Rights and the Fourteenth Amendment. These essays were written for public high school students, as part of an interactive multimedia project on the Bill of Rights, designed by IBM and various consultants. My task was a daunting one: to make our Bill of Rights and Fourteenth Amendment alive and real for youngsters-to teach the "Blessings of Liberty" to "our posterity," and to invite them into the ongoing …
Classifications That Disadvantage Newcomers And The Problem Of Equality, Robert C. Farrell
Classifications That Disadvantage Newcomers And The Problem Of Equality, Robert C. Farrell
University of Richmond Law Review
For those concerned with the substantial fiscal problems of government, we have a solution. The solution is - Newcomers. Newcomers are those who will become part of our community in the future but who are not here yet. Like unidentified holders of a contingent remainder, newcomers are not yet around to vote, to peddle influence, or to protect their turf. Since newcomers are not here to complain, now is the time to shift burdens onto their shoulders. Make them pay a larger share of taxes. Assign to them a smaller share of government largesse. Thanks to disarray in American policy …
Equal Protection: People V. Childress
Equal Protection: People V. Walker
Equal Protection: Chin V. Board Of Elections
Equal Protection: People V. Peart
Equal Protection: Barth V. Crosson
When Johnny Came Marching Home Again: A Critical Review Of Contemporary Equal Protection Interpretation, Johnny Parker
When Johnny Came Marching Home Again: A Critical Review Of Contemporary Equal Protection Interpretation, Johnny Parker
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
State Constitutional Protection Of Children With Aids And The Right To A Public Education, Jeffrey M. Croasdell
State Constitutional Protection Of Children With Aids And The Right To A Public Education, Jeffrey M. Croasdell
Cleveland State Law Review
The purpose of this article is to examine the problem that the American public school system is facing with respect to children with AIDS. In addition, this paper will examine how the courts are analyzing this issue and show why the current trend of analysis is weaker than it should be. Finally, this paper will look at how state constitutions are more frequently being used to protect individual rights and how the state constitutions could be used to protect the right of children with AIDS to free public education.
The Fifty-Seventh Cleveland-Marshall Lecture: The Bill Of Rights And Our Posterity, Akhil Reed Amar
The Fifty-Seventh Cleveland-Marshall Lecture: The Bill Of Rights And Our Posterity, Akhil Reed Amar
Cleveland State Law Review
Inspired by our constitutional forebears, and conscious of my responsibilities to our constitutional posterity, I took pen in hand two summers ago to write a series of short essays on our Bill of Rights and the Fourteenth Amendment. These essays were written for public high school students, as part of an interactive multimedia project on the Bill of Rights, designed by IBM and various consultants. My task was a daunting one: to make our Bill of Rights and Fourteenth Amendment alive and real for youngsters-to teach the "Blessings of Liberty" to "our posterity," and to invite them into the ongoing …
Book Review. Legitimacy And History: Self-Government In American Constitutional Theory, Daniel O. Conkle
Book Review. Legitimacy And History: Self-Government In American Constitutional Theory, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
New York's Educational Finance Scheme: Should It Be Declared Unconstitutional?, Janine M. Sarbak
New York's Educational Finance Scheme: Should It Be Declared Unconstitutional?, Janine M. Sarbak
Touro Law Review
No abstract provided.