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Articles 2371 - 2400 of 3158

Full-Text Articles in Fourteenth Amendment

A Comment On Cass Sunstein's Equality, Emily Sherwin Jul 1992

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 Jun 1992

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. Apr 1992

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 Apr 1992

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 Apr 1992

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 Mar 1992

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 Mar 1992

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 Feb 1992

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 Jan 1992

The Right Of Privacy And The New York State Constitution: An Analytical Framework, Edward R. Alexander

Touro Law Review

No abstract provided.


Due Process Jan 1992

Due Process

Touro Law Review

No abstract provided.


Right To Be Present Jan 1992

Right To Be Present

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 Jan 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

Against Constitutional Theory, Paul Campos

Publications

No abstract provided.


Protective Sweep Incident To A Lawful Arrest: An Analysis Of Its Validity Under The Federal And New York State Constitution, Steven M. Fox Jan 1992

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.


Due Process Jan 1992

Due Process

Touro Law Review

No abstract provided.


Fatal Assumption: A Critical Evaluation Of The Role Of Counsel In Mental Disability Cases, Michael L. Perlin Jan 1992

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 Jan 1992

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 Jan 1992

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 Dec 1991

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) Nov 1991

Mccleskey V. Zant 111 S. Ct. 1454 (1991)

Capital Defense Journal

No abstract provided.


Arizona V. Fulminante 111 S. Ct. 1246, (1991) Nov 1991

Arizona V. Fulminante 111 S. Ct. 1246, (1991)

Capital Defense Journal

No abstract provided.


Litigating The "Vileness" Factor In Virginia, Victor A. Lago Nov 1991

Litigating The "Vileness" Factor In Virginia, Victor A. Lago

Capital Defense Journal

No abstract provided.


Lankford V. Idaho 111 S. Ct. 1723 (1991) Nov 1991

Lankford V. Idaho 111 S. Ct. 1723 (1991)

Capital Defense Journal

No abstract provided.


Yates V. Evatt 111 S. Ct. 1884 (1991) Nov 1991

Yates V. Evatt 111 S. Ct. 1884 (1991)

Capital Defense Journal

No abstract provided.


Schad V. Arizona 111 S. Ct. 2491 (1991) Nov 1991

Schad V. Arizona 111 S. Ct. 2491 (1991)

Capital Defense Journal

No abstract provided.


The Virginia Supreme Court And Thirteen Years Of Death Sentence Review, Anne E. Mcinerney Nov 1991

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 Nov 1991

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, …