Fourteenth Amendment Commons^™

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

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 …

State Restrictions On Violent Expression: The Impropriety Of Extending An Obscenity Analysis, Jessalyn Hershinger

Vanderbilt Law Review

A group of minors allegedly attacked a nine-year-old girl at a San Francisco beach and "artificially raped" her with a bottle. The minors attacked the girl after watching and discussing a television network movie that portrayed a similar rape. The victim sued the network, claiming that it was negligent in airing the program.' In Miami Beach, a teenage boy shot and killed his eighty-three- year-old neighbor. Following his conviction, the minor sued three television networks for damages, alleging that a decade of viewing extensive television violence had incited him to imitate the acts that he had seen. Nineteen-year-old John McCollum …

Freedom Of Speech And Press

Touro Law Review

No abstract provided.

Private Power And The Constitution, John H. Garvey

Scholarly Articles

No abstract provided.

Federalism, The Commerce Clause, And Equal Protection, Leon Friedman

Touro Law Review

No abstract provided.

Constitutional Posture Of Canine Sniffs, Lina Shahin

Touro Law Review

No abstract provided.

Morgan V. Illinois: The Supreme Court Supports The Right Of A Capital Defendant To An Impartial Sentencing Jury, Thomas J. Eme

Loyola University Chicago Law Journal

No abstract provided.

Why The Court Loves Batson: Representation-Reinforcement, Colorblindness, And The Jury, Susan Herman

Faculty Scholarship

No abstract provided.

Chase Court And Fundamental Rights: A Watershed In American Constitutionalism, The , Robert J. Kaczorowski

Faculty Scholarship

Three weeks before he died in May 1873, the frail and ailing Salmon P. Chase joined three of his brethren in dissent in one of the most important cases ever decided by the United States Supreme Court, the Slaughter-House Cases.1 This decision was a watershed in United States constitutional history for several reasons. Doctrinally, it represented a rejection of the virtually unanimous decisions of the lower federal courts upholding the constitutionality of revolutionary federal civil rights laws enacted in the aftermath of the Civil War. Institutionally, it was an example of extraordinary judicial activism in overriding the legislative will of …

The Bar Against Challenges To Employment Discrimination Consent Decrees: A Public Choice Perspective, John O. Mcginnis

Articles

No abstract provided.

Rights Held Hostage: Race, Ideology And The Peremptory Challenge, Kenneth B. Nunn

UF Law Faculty Publications

This Article addresses the Supreme Court's application of the Equal Protection Clause to the selection of juries in criminal trials. Focusing on Black-white relations, it takes the position that efforts to eliminate racial discrimination in jury selection are successful only to the extent that they also eliminate the result of the discrimination- racial subjugation of Blacks through the criminal justice process. By this measure, the Supreme Court's recent jury selection cases are an abject failure.

Shaw V. Reno: On The Borderline, Emily Calhoun

Publications

No abstract provided.

Real Property Taxation And Regulation, Honorable Leon D. Lazer

Touro Law Review

No abstract provided.

Double Jeopardy

Touro Law Review

No abstract provided.

An Empirical And Constitutional Analysis Of Racial Ceilings And Public Schools, Michael Heise

Cornell Law Faculty Publications

No abstract provided.

Equality And Diversity: The Eighteenth-Century Debate About Equal Protection And Equal Civil Rights, Philip A. Hamburger

Faculty Scholarship

Living, as we do, in a world in which our discussions of equality often lead back to the desegregation decisions, to the Fourteenth Amendment, and to the antislavery debates of the 1830s, we tend to allow those momentous events to dominate our understanding of the ideas of equal protection and equal civil rights. Indeed, historians have frequently asserted that the idea of equal protection first developed in the 1830s in discussions of slavery and that it otherwise had little history prior to its adoption into the U.S. Constitution. Long before the Fourteenth Amendment, however – long before even the 1830s …

Exile On Main Street: Inmate Transfers From Puerto Rico To The Continental United States Violate Due Process, Justin P. Brooks

Faculty Scholarship

No abstract provided.

Native American Inmates And Prison Grooming Regulations: Today's Justified Scalps: Iron Eyes V. Henry, William Norman

American Indian Law Review

No abstract provided.

Curing The Ake Of An Incompetent Expert: A Separate Reviewable Issue, Kenneth S. Roberts

San Diego Law Review

The Supreme Court's mid-1980s decision in Ake v. Oklahoma established the defendant's constitutional right to "competent psychiatric assistance." Although many states had already provided indigent defendants access to psychiatric assistance in their defense, it was not until the Court decided Ake that this access was established as his or her constitutional right. However, whether this due process right to expert assistance was satisfied by the mere appointment of a psychiatrist or whether it included the requirement that the expert perform competently had remained unanswered as of 1992. This Comment attempts to address this issue in the affirmative and additionally develops …

Morgan V Illinois 112 S. Ct. 2222 (1992)

Capital Defense Journal

No abstract provided.

Dawson V. Delaware 112 S. Ct. 1093 (1992)

Capital Defense Journal

No abstract provided.

Riggins V. Nevada 112 S.Ct. 1810 (1992)

Capital Defense Journal

No abstract provided.

Stringer V. Black 112 S.Ct. 1130 (1992)

Capital Defense Journal

No abstract provided.

Sochor V. Florida 112 S.Ct. 2114 (1992)

Capital Defense Journal

No abstract provided.

Espinosa V. Florida 112 S.Ct. 2926 (1992)

Capital Defense Journal

No abstract provided.

Trevino V. Texas 112 S.Ct. 1547 (1992)

Capital Defense Journal

No abstract provided.

Poyner V. Murray 964 F.2d 1404 (1992)

Capital Defense Journal

No abstract provided.

Mueller V. Commonwealth 1992 Va. Lexis 97

Capital Defense Journal

No abstract provided.

The Duty To Serve And Protect: 42 U.S.C. § 1983 And Police Officers' Liability Following Roadside Abandonment, Michael R. Gotham

Washington Law Review

Courts disagree about whether an individual has a cause of action against a police officer under 42 U.S.C. § 1983 when that officer abandoned the individual in a dangerous environment following a traffic stop. Courts have not uniformly recognized an individual's right to personal security in roadside abandonment cases as fundamental and protected by the Fourteenth Amendment. Also, courts have required plaintiffs in these cases to show that an asserted right was clearly established at the time the officer acted in order to overcome the officer's qualified immunity defense. This requirement often bars plaintiffs from recovering under section 1983. This …