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Articles 2431 - 2460 of 3186

Full-Text Articles in Fourteenth Amendment

Cage V. Louisiana 111 S. Ct. 328 (1990) Apr 1991

Cage V. Louisiana 111 S. Ct. 328 (1990)

Capital Defense Journal

No abstract provided.


Evans V. Muncie 916 F.2d 163 (1990) Apr 1991

Evans V. Muncie 916 F.2d 163 (1990)

Capital Defense Journal

No abstract provided.


Bassette V. Thompson 915 F.2d 932 (1990) Apr 1991

Bassette V. Thompson 915 F.2d 932 (1990)

Capital Defense Journal

No abstract provided.


Getting The Most And Giving The Least From Virginia's "Mental Mitigation Expert" Statute, Helen L. Konrad Apr 1991

Getting The Most And Giving The Least From Virginia's "Mental Mitigation Expert" Statute, Helen L. Konrad

Capital Defense Journal

No abstract provided.


Status Of Supreme Court Case Law Helpful To Capital Defendants, Steven K. Herndon, Ginger M. Jonas Apr 1991

Status Of Supreme Court Case Law Helpful To Capital Defendants, Steven K. Herndon, Ginger M. Jonas

Capital Defense Journal

No abstract provided.


Gaskins V. Mckellar 916 F.2d 941 (1990) Apr 1991

Gaskins V. Mckellar 916 F.2d 941 (1990)

Capital Defense Journal

No abstract provided.


Clozza V. Murray 913 F.2d 1092 (1990) Apr 1991

Clozza V. Murray 913 F.2d 1092 (1990)

Capital Defense Journal

No abstract provided.


How To Look The Virginia Gift Horse In The Mouth: Federal Due Process And Virginia's Arbitrary Abrogation Of Capital Defendant's State-Created Rights, Otto W. Konrad Apr 1991

How To Look The Virginia Gift Horse In The Mouth: Federal Due Process And Virginia's Arbitrary Abrogation Of Capital Defendant's State-Created Rights, Otto W. Konrad

Capital Defense Journal

No abstract provided.


The First Duty Of Government: Protection, Liberty And The Fourteenth Amendment, Steven J. Heyman Feb 1991

The First Duty Of Government: Protection, Liberty And The Fourteenth Amendment, Steven J. Heyman

All Faculty Scholarship

No abstract provided.


Metro Broadcasting, Inc. V Fcc: Affirmative Action At The Crossroads Of Constitutional Liberty And Equality, Michel Rosenfeld Feb 1991

Metro Broadcasting, Inc. V Fcc: Affirmative Action At The Crossroads Of Constitutional Liberty And Equality, Michel Rosenfeld

Articles

The article examines the Supreme Court's inconsistent approach to affirmative action, particularly through the lens of *Metro Broadcasting, Inc. v. FCC*, which upheld the FCC's race-based policies to promote broadcast diversity. While the decision aligns with constitutional values of equality and free speech, the Court's opinions fail to coherently reconcile liberty and equality principles. The article argues for a more integrated framework to address the complexities of affirmative action jurisprudence and its intersection with First Amendment rights.


Due Process Jan 1991

Due Process

Touro Law Review

No abstract provided.


Governmental Inaction As As Constitutional Tort: Deshaney And Its Aftermath, Thomas A. Eaton, Michael Wells Jan 1991

Governmental Inaction As As Constitutional Tort: Deshaney And Its Aftermath, Thomas A. Eaton, Michael Wells

Washington Law Review

DeShaney v. Winnebago County Department of Social Services is the Supreme Court's first major effort to define the scope of state and local governments' affirmative obligations under the fourteenth amendment. The Court rejected liability against a county welfare agency and a caseworker for failing to prevent a father from severely beating his four-year-old son. The Court intimated that constitutional affirmative duties exist only where the plaintiff is in the state's custody. Scholarly commentary reads the case as announcing a sweeping prohibition against the imposition of affirmative duties in other contexts. Professors Eaton and Wells demonstrate that the DeShaney opinion is …


Review Of Affirmative Action After Metro Broadcasting V. Fcc: The Solution Almost Nobody Wanted, Douglas O. Linder Jan 1991

Review Of Affirmative Action After Metro Broadcasting V. Fcc: The Solution Almost Nobody Wanted, Douglas O. Linder

Faculty Works

No abstract provided.


Indian Reservations And The Preservation Of Tribal Culture: Beyond Wardship To Stewardship, John W. Ragsdale Jr Jan 1991

Indian Reservations And The Preservation Of Tribal Culture: Beyond Wardship To Stewardship, John W. Ragsdale Jr

Faculty Works

No abstract provided.


Affirmative Action, Douglas Scherer, John Dunne Jan 1991

Affirmative Action, Douglas Scherer, John Dunne

Touro Law Review

No abstract provided.


A Comparison Of A Mentally Ill Individual's Right To Refuse Medication Under The United States And The New York State Constitutions, William M. Brooks Jan 1991

A Comparison Of A Mentally Ill Individual's Right To Refuse Medication Under The United States And The New York State Constitutions, William M. Brooks

Touro Law Review

No abstract provided.


Due Process Jan 1991

Due Process

Touro Law Review

No abstract provided.


Equal Protection Jan 1991

Equal Protection

Touro Law Review

No abstract provided.


Equal Protection Jan 1991

Equal Protection

Touro Law Review

No abstract provided.


Equal Protection Jan 1991

Equal Protection

Touro Law Review

No abstract provided.


Equal Protection Jan 1991

Equal Protection

Touro Law Review

No abstract provided.


Equal Protection Jan 1991

Equal Protection

Touro Law Review

No abstract provided.


Freedom Of Speech And The Press Jan 1991

Freedom Of Speech And The Press

Touro Law Review

No abstract provided.


Separation Of Powers Jan 1991

Separation Of Powers

Touro Law Review

No abstract provided.


Governmental Inaction As A Constitutional Tort: Deshaney And Its Aftermath, Thomas A. Eaton, Michael Wells Jan 1991

Governmental Inaction As A Constitutional Tort: Deshaney And Its Aftermath, Thomas A. Eaton, Michael Wells

Scholarly Works

DeShaney v. Winnebago County Department of Social Services is the Supreme Court's first major effort to define the scope of state and local governments' affirmative obligations under the fourteenth amendment. The Court rejected liability against a county welfare agency and a caseworker for failing to prevent a father from severely beating his four-year-old son. The Court intimated that constitutional affirmative duties exist only where the plaintiff is in the state's custody. Scholarly commentary reads the case as announcing a sweeping prohibition against the imposition of affirmative duties in other contexts. Professors Eaton and Wells demonstrate that the DeShaney opinion is …


Section 1983 And The Parratt Doctrine After Zinermon V. Burch: Ensuring Due Process Rights Or Turning The Fourteenth Amendment Into A Font Of Tort Law, Paul F. Wingenfeld Jan 1991

Section 1983 And The Parratt Doctrine After Zinermon V. Burch: Ensuring Due Process Rights Or Turning The Fourteenth Amendment Into A Font Of Tort Law, Paul F. Wingenfeld

Cleveland State Law Review

Over the last thirty years, the Court has decided a number of cases which illustrate an on-going struggle to find the proper place for section 1983 in the federal court system and, consequently, what ultimately qualifies as adequate procedural due process within the context of the statute. This note will examine the history of Court decisions involving section 1983 in order to provide the proper background for examining the Court's most recent decision in Zinermon v. Burch, a case which itself has added to an already confusing field of legal study. Within this historical background, however, the Court has actually …


Section 1983 And The Parratt Doctrine After Zinermon V. Burch: Ensuring Due Process Rights Or Turning The Fourteenth Amendment Into A Font Of Tort Law, Paul F. Wingenfeld Jan 1991

Section 1983 And The Parratt Doctrine After Zinermon V. Burch: Ensuring Due Process Rights Or Turning The Fourteenth Amendment Into A Font Of Tort Law, Paul F. Wingenfeld

Cleveland State Law Review

Over the last thirty years, the Court has decided a number of cases which illustrate an on-going struggle to find the proper place for section 1983 in the federal court system and, consequently, what ultimately qualifies as adequate procedural due process within the context of the statute. This note will examine the history of Court decisions involving section 1983 in order to provide the proper background for examining the Court's most recent decision in Zinermon v. Burch, a case which itself has added to an already confusing field of legal study. Within this historical background, however, the Court has actually …


The Borders Of The Equal Protection Clause: Indians As Peoples, David C. Williams Jan 1991

The Borders Of The Equal Protection Clause: Indians As Peoples, David C. Williams

Articles by Maurer Faculty

No abstract provided.


Right-To-Die, Bruce Morton Jan 1991

Right-To-Die, Bruce Morton

Touro Law Review

No abstract provided.


Abortion Rights, Eileen Kaufman Jan 1991

Abortion Rights, Eileen Kaufman

Touro Law Review

No abstract provided.