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Articles 2371 - 2400 of 3158
Full-Text Articles in Fourteenth Amendment
A Comment On Cass Sunstein's Equality, Emily Sherwin
A Comment On Cass Sunstein's Equality, Emily Sherwin
Cornell Law Faculty Publications
No abstract provided.
Arizona V. Fulminante: The Application Of Harmless Error Analysis To Admission Of A Coerced Confession In Violation Of The Due Clause Of The Fourteenth Amendment, Robert Paul
West Virginia Law Review
No abstract provided.
Opposing Peremptory Challenges Under Batson, Marcus E. Garcia, James W. Miller Jr.
Opposing Peremptory Challenges Under Batson, Marcus E. Garcia, James W. Miller Jr.
Capital Defense Journal
No abstract provided.
Mitigation: An Outline Of Law, Method And Strategy, Peter T. Hansen
Mitigation: An Outline Of Law, Method And Strategy, Peter T. Hansen
Capital Defense Journal
No abstract provided.
Scottsboro Boys In 1991: The Promise Of Adequate Criminal Representation Through The Years, Charles W. Wolfram
Scottsboro Boys In 1991: The Promise Of Adequate Criminal Representation Through The Years, Charles W. Wolfram
Cornell Law Faculty Publications
No abstract provided.
Can A Private Educational Association Ever Be Liable Under 42 U.S.C. Section 1983 For Depriving An Individual Of Fourteenth Amendment Due Process Rights After Ncaa V. Tarkanian?, Samuel Perry Swanberg
Can A Private Educational Association Ever Be Liable Under 42 U.S.C. Section 1983 For Depriving An Individual Of Fourteenth Amendment Due Process Rights After Ncaa V. Tarkanian?, Samuel Perry Swanberg
Brigham Young University Education and Law Journal
No abstract provided.
Timeless Rules: Can Normative Closure And Legal Indeterminacy Be Reconciled?, Charles M. Yablon
Timeless Rules: Can Normative Closure And Legal Indeterminacy Be Reconciled?, Charles M. Yablon
Cardozo Law Review
No abstract provided.
Aristotle On Political Justice (Symposium), Steven J. Heyman
Aristotle On Political Justice (Symposium), Steven J. Heyman
All Faculty Scholarship
No abstract provided.
The Right Of Privacy And The New York State Constitution: An Analytical Framework, Edward R. Alexander
The Right Of Privacy And The New York State Constitution: An Analytical Framework, Edward R. Alexander
Touro Law Review
No abstract provided.
Of Heterosexism, National Security, And Federal Preemption: Addressing The Legal Obstacles To A Free Debate About Military Recruitment At Our Nation's Law Schools, Roberto L. Corrada
Of Heterosexism, National Security, And Federal Preemption: Addressing The Legal Obstacles To A Free Debate About Military Recruitment At Our Nation's Law Schools, Roberto L. Corrada
Sturm College of Law: Faculty Scholarship
It is possible that within the next few years at least one federal circuit court will find constitutional protection for sexual orientation under the equal protection clause of the Fourteenth Amendment. It is also now assured, due to the election of Bill Clinton to the position of U.S. President, that there will be a substantial governmental review of military policies concerning gays and lesbians, possibly resulting in a decision to modify or even rescind them. Until some definitive action is taken at the federal level, however, gays and lesbians will have to rely increasingly on sympathetic state and local policymakers …
Lis Pendens And Procedural Due Process: A Closer Look After Connecticut V. Doehr, Janice Gregg Levy
Lis Pendens And Procedural Due Process: A Closer Look After Connecticut V. Doehr, Janice Gregg Levy
Maryland Law Review
No abstract provided.
The Fourteenth Amendment: Original Intent And Modern Possibility, Donald E. Lively
The Fourteenth Amendment: Original Intent And Modern Possibility, Donald E. Lively
St. Thomas Law Review
This essay is derived in part from the author's book THE CONSTITUTION AND RACE (1992). Copyright 1992 by Donald E. Lively.
Back To The Future: Original Intent As A Means For Vitalizing The Fourteenth Amendment In The Context Of Race, Raneta J. Lawson
Back To The Future: Original Intent As A Means For Vitalizing The Fourteenth Amendment In The Context Of Race, Raneta J. Lawson
St. Thomas Law Review
Donald E. Lively's book The Constitution and Race exposes in a methodological way the historical origin of the conflict between symbolism and substance in the context of race. Lively chronicles two centuries of constitutional jurisprudence pertaining to race from the initial deferral of race-based issues at the nation's founding to the modem day catering to majoritarian interests that continues to subordinate racial concerns. Throughout this jurisprudential retrospective, Lively demonstrates how race-based considerations have permeated nearly every aspect of society and yet such considerations remain significantly unattended because of national policies that ultimately indulge competing priorities. Lively argues that a recognition …
Against Constitutional Theory, Paul Campos
Protective Sweep Incident To A Lawful Arrest: An Analysis Of Its Validity Under The Federal And New York State Constitution, Steven M. Fox
Protective Sweep Incident To A Lawful Arrest: An Analysis Of Its Validity Under The Federal And New York State Constitution, Steven M. Fox
Touro Law Review
No abstract provided.
Fatal Assumption: A Critical Evaluation Of The Role Of Counsel In Mental Disability Cases, Michael L. Perlin
Fatal Assumption: A Critical Evaluation Of The Role Of Counsel In Mental Disability Cases, Michael L. Perlin
Articles & Chapters
No abstract provided.
Rights In The Modern Era: Applying The Bill Of Rights To The States, Stephen Wermiel
Rights In The Modern Era: Applying The Bill Of Rights To The States, Stephen Wermiel
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Extraterritoriality Of Restrictive State Abortion Laws: States Can Abort Plans To Abort At Home But Not Abroad, Andrew King-Ries
Extraterritoriality Of Restrictive State Abortion Laws: States Can Abort Plans To Abort At Home But Not Abroad, Andrew King-Ries
Faculty Law Review Articles
The question of a state's authority to legislate abortion extraterritorially may appear largely academic because of the United States Supreme Court's holding in Roe v. Wade, in which the Court prohibited states from restricting abortions in the first trimester of pregnancy.' At first glance, the Supreme Court's recent decision in Planned Parenthood v. Casey' appears to remove further the issue of extraterritorial abortion legislation from the states because the decision purportedly reaffirmed Roe.3 The Casey decision, however, does not preclude returning the abortion issue to the states. An extremely tenuous coalition of justices reaffirmed Roe, while a united group of …
The Constitution Of The People: Frederick Douglass And The Dred Scott Decision, Robert Bernasconi
The Constitution Of The People: Frederick Douglass And The Dred Scott Decision, Robert Bernasconi
Cardozo Law Review
No abstract provided.
Mccleskey V. Zant 111 S. Ct. 1454 (1991)
Mccleskey V. Zant 111 S. Ct. 1454 (1991)
Capital Defense Journal
No abstract provided.
Arizona V. Fulminante 111 S. Ct. 1246, (1991)
Arizona V. Fulminante 111 S. Ct. 1246, (1991)
Capital Defense Journal
No abstract provided.
Litigating The "Vileness" Factor In Virginia, Victor A. Lago
Litigating The "Vileness" Factor In Virginia, Victor A. Lago
Capital Defense Journal
No abstract provided.
Lankford V. Idaho 111 S. Ct. 1723 (1991)
Lankford V. Idaho 111 S. Ct. 1723 (1991)
Capital Defense Journal
No abstract provided.
Yates V. Evatt 111 S. Ct. 1884 (1991)
Schad V. Arizona 111 S. Ct. 2491 (1991)
The Virginia Supreme Court And Thirteen Years Of Death Sentence Review, Anne E. Mcinerney
The Virginia Supreme Court And Thirteen Years Of Death Sentence Review, Anne E. Mcinerney
Capital Defense Journal
No abstract provided.
An Interpretive History Of Modern Equal Protection, Michael Klarman
An Interpretive History Of Modern Equal Protection, Michael Klarman
Michigan Law Review
My enterprise here is to write a limited history of modem equal protection - one that will facilitate understanding of the important conceptual shifts that have occurred over time. By "modem" I mean the period following the switch-in-time in 1937 that signaled the demise of the Lochner era. By "limited" I mean an account that falls substantially short of a full-scale history of equal protection, which would, for example, necessarily encompass a good deal of political and social history. My aim here, rather, is to tell a story about the evolution of equal protection as a legal concept; I shall, …