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Articles 2311 - 2340 of 3158

Full-Text Articles in Fourteenth Amendment

Can Science Guide Legal Argumentation? The Role Of Metaphor In Constitutional Cases, Stephen J. Safranek Jan 1994

Can Science Guide Legal Argumentation? The Role Of Metaphor In Constitutional Cases, Stephen J. Safranek

Loyola University Chicago Law Journal

No abstract provided.


When Johnny Came Marching Home Again: A Critical Review Of Contemporary Equal Protection Interpretation, Johnny Parker Jan 1994

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.


New York's Educational Finance Scheme: Should It Be Declared Unconstitutional?, Janine M. Sarbak Jan 1994

New York's Educational Finance Scheme: Should It Be Declared Unconstitutional?, Janine M. Sarbak

Touro Law Review

No abstract provided.


Apportionment: Longway V. Jefferson County Board Of Supervisors Jan 1994

Apportionment: Longway V. Jefferson County Board Of Supervisors

Touro Law Review

No abstract provided.


Due Process: T.E.A. Marine Automotive Corp. V. Scaduto Jan 1994

Due Process: T.E.A. Marine Automotive Corp. V. Scaduto

Touro Law Review

No abstract provided.


Due Process: Hillard V. Coughlin Iii Jan 1994

Due Process: Hillard V. Coughlin Iii

Touro Law Review

No abstract provided.


Equal Protection: People V. Walker Jan 1994

Equal Protection: People V. Walker

Touro Law Review

No abstract provided.


Equal Protection: People V. Peart Jan 1994

Equal Protection: People V. Peart

Touro Law Review

No abstract provided.


Equal Protection: Mcdermott V. Forsythe Jan 1994

Equal Protection: Mcdermott V. Forsythe

Touro Law Review

No abstract provided.


Equal Protection: Barth V. Crosson Jan 1994

Equal Protection: Barth V. Crosson

Touro Law Review

No abstract provided.


Voting Rights Debate, Charles Stephen Ralston, Michael A. Carvin Jan 1994

Voting Rights Debate, Charles Stephen Ralston, Michael A. Carvin

Touro Law Review

No abstract provided.


Considerations Of Legislative Fit Under Equal Protection, Substantive Due Process, And Free Speech Doctrine: Separating Questions Of Advancement, Relationship And Burden, R. Randall Kelso Jan 1994

Considerations Of Legislative Fit Under Equal Protection, Substantive Due Process, And Free Speech Doctrine: Separating Questions Of Advancement, Relationship And Burden, R. Randall Kelso

University of Richmond Law Review

Whenever a court reviews legislation under an equal protection, substantive due process, or free speech analysis, the court considers whether the fit between the legislature's chosen means and intended ends is sufficient to pass constitutional muster. The Supreme Court analyzes these "fit" questions by considering the manner in which the statute achieves its benefits and burdens in terms of whom the statute regulates and whom the statute fails to regulate. Of course, these "fit" questions are different depending upon whether the Court uses minimum rationality review, "heightened" rational review, intermediate review, or strict scrutiny. But in all cases, the question …


Equal Protection: Chin V. Board Of Elections Jan 1994

Equal Protection: Chin V. Board Of Elections

Touro Law Review

No abstract provided.


Equal Protection: Mackston V. State Of New York Jan 1994

Equal Protection: Mackston V. State Of New York

Touro Law Review

No abstract provided.


Book Review. Legitimacy And History: Self-Government In American Constitutional Theory, Daniel O. Conkle Jan 1994

Book Review. Legitimacy And History: Self-Government In American Constitutional Theory, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.


Classifications That Disadvantage Newcomers And The Problem Of Equality, Robert C. Farrell Jan 1994

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 …


State Constitutional Protection Of Children With Aids And The Right To A Public Education, Jeffrey M. Croasdell Jan 1994

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 Jan 1994

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 …


The Fifty-Seventh Cleveland-Marshall Lecture: The Bill Of Rights And Our Posterity, Akhil Reed Amar Jan 1994

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 …


Expressive Harms, "Bizarre Districts," And Voting Rights: Evaluating Election-District Appearances After Shaw V. Reno, Richard H. Pildes, Richard G. Niemi Dec 1993

Expressive Harms, "Bizarre Districts," And Voting Rights: Evaluating Election-District Appearances After Shaw V. Reno, Richard H. Pildes, Richard G. Niemi

Michigan Law Review

This article attempts to define the constitutional principles that characterize Shaw and to suggest how those principles might be applied in a consistent, meaningful way. Part I, in which we argue that Shaw must be understood to rest on a distinctive conception of the kinds of harms against which the Constitution protects, is the theoretical heart of the article. We call these expressive harms, as opposed to more familiar, material harms. In Part II, we briefly survey the history of previous, largely unsuccessful, efforts in other legal contexts to give principled content to these kinds of harms in redistricting. …


Ugly: An Inquiry Into The Problem Of Racial Gerrymandering Under The Voting Rights Act, Daniel D. Polsby, Robert D. Popper Dec 1993

Ugly: An Inquiry Into The Problem Of Racial Gerrymandering Under The Voting Rights Act, Daniel D. Polsby, Robert D. Popper

Michigan Law Review

In the discussion that follows, we focus on the case of congressional districting rather than on districting in general. Although we proceed in this manner for the sake of clarity, it is also true that no single, all-purpose normative theory of electoral mechanics will cover every case of democratic representation, from county commissions to mosquito control districts to sovereign legislatures. We do not claim that one can generalize our argument to every sort of election to which the VRA might apply. Yet we think our argument does approximate a theory of general application.


Race And Redistricting: Drawing Constitutional Lines After Shaw V. Reno, T. Alexander Aleinikoff, Samuel Isaacharoff Dec 1993

Race And Redistricting: Drawing Constitutional Lines After Shaw V. Reno, T. Alexander Aleinikoff, Samuel Isaacharoff

Michigan Law Review

Shaw is no doubt a major opinion that attempts to define limits on the use of racial or ethnic classifications in electoral redistricting. The main thrust of this article is to assess the critical question of whether Shaw renders unconstitutional the type of race-conscious realignment of electoral configurations that have given meaning to the voting rights reforms of the past two decades. In making this assessment, we try to ascertain exactly how the Court has limited the use of race-conscious districting, and we try to determine whether there is any jurisprudential coherence to the Court's latest confrontation with the law …


The Langugage And Culture (Not To Say Race) Of Peremptory Challenges, Sheri Lynn Johnson Oct 1993

The Langugage And Culture (Not To Say Race) Of Peremptory Challenges, Sheri Lynn Johnson

Cornell Law Faculty Publications

No abstract provided.


Pruett V. Thompson 996 F.2d 1560 (4th Cir. 1993) Sep 1993

Pruett V. Thompson 996 F.2d 1560 (4th Cir. 1993)

Capital Defense Journal

No abstract provided.


Mueller V. Virginia 113 S. Ct. 1880 (1993) Sep 1993

Mueller V. Virginia 113 S. Ct. 1880 (1993)

Capital Defense Journal

No abstract provided.


Dubois V. Commonwealth 435 S.E. 2d 636 (Va. 1993) Sep 1993

Dubois V. Commonwealth 435 S.E. 2d 636 (Va. 1993)

Capital Defense Journal

No abstract provided.


Godinez V. Moran 113 S. Ct. 2680 (1993) Sep 1993

Godinez V. Moran 113 S. Ct. 2680 (1993)

Capital Defense Journal

No abstract provided.


Sullivan V. Louisiana 113 S. Ct. 2078 (1993) Sep 1993

Sullivan V. Louisiana 113 S. Ct. 2078 (1993)

Capital Defense Journal

No abstract provided.


Smith V. Dixon 996 F.2d 667 (4th Cir. 1993) Sep 1993

Smith V. Dixon 996 F.2d 667 (4th Cir. 1993)

Capital Defense Journal

No abstract provided.


Wright V. Commonwealth 245 Va. 177, 427 S.E.2d 379 (1993) Sep 1993

Wright V. Commonwealth 245 Va. 177, 427 S.E.2d 379 (1993)

Capital Defense Journal

No abstract provided.