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Articles 2341 - 2370 of 3186
Full-Text Articles in Fourteenth Amendment
Apportionment: Longway V. Jefferson County Board Of Supervisors
Apportionment: Longway V. Jefferson County Board Of Supervisors
Touro Law Review
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: T.E.A. Marine Automotive Corp. V. Scaduto
Due Process: T.E.A. Marine Automotive Corp. V. Scaduto
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.
Due Process: Hillard V. Coughlin Iii
Equal Protection: In Re Cooper
Equal Protection: Mackston V. State Of New York
Equal Protection: Mackston V. State Of New York
Touro Law Review
No abstract provided.
Equal Protection: People V. Rodney
Equal Protection: Mcdermott V. Forsythe
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.
Voting Rights Debate, Charles Stephen Ralston, Michael A. Carvin
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
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 …
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.
Expressive Harms, "Bizarre Districts," And Voting Rights: Evaluating Election-District Appearances After Shaw V. Reno, Richard H. Pildes, Richard G. Niemi
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. …
Race And Redistricting: Drawing Constitutional Lines After Shaw V. Reno, T. Alexander Aleinikoff, Samuel Isaacharoff
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 …
Ugly: An Inquiry Into The Problem Of Racial Gerrymandering Under The Voting Rights Act, Daniel D. Polsby, Robert D. Popper
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.
The Langugage And Culture (Not To Say Race) Of Peremptory Challenges, Sheri Lynn Johnson
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)
Pruett V. Thompson 996 F.2d 1560 (4th Cir. 1993)
Capital Defense Journal
No abstract provided.
Mueller V. Virginia 113 S. Ct. 1880 (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)
Dubois V. Commonwealth 435 S.E. 2d 636 (Va. 1993)
Capital Defense Journal
No abstract provided.
Godinez V. Moran 113 S. Ct. 2680 (1993)
Sullivan V. Louisiana 113 S. Ct. 2078 (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)
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)
Wright V. Commonwealth 245 Va. 177, 427 S.E.2d 379 (1993)
Capital Defense Journal
No abstract provided.
If The Eye Offend Thee, Turn Off The Color, John Harrison
If The Eye Offend Thee, Turn Off The Color, John Harrison
Michigan Law Review
A Review of The Color-Blind Constitution by Andrew Kull
Supreme Court's Tilt To The Property Right: Procedural Due Process Protections Of Liberty And Property Interests, Jack M. Beermann, Barbara A. Melamed, Hugh F. Hall
Supreme Court's Tilt To The Property Right: Procedural Due Process Protections Of Liberty And Property Interests, Jack M. Beermann, Barbara A. Melamed, Hugh F. Hall
Faculty Scholarship
The Due Process Clauses of the Fifth and Fourteenth Amendments to the United States Constitution provide important protections against government oppression. They provide that government may not deprive any person of "life, liberty or property" without due process of law. In recent decisions, the Supreme Court has appeared willing to strengthen its protection of traditional property interests yet weaken its protection of liberty interests.
It has long been accepted, albeit with controversy, that due process has both procedural and substantive elements. This essay concerns the procedural elements. Procedural due process analysis asks two questions: first, whether there exists a liberty …