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Articles 2461 - 2490 of 3158
Full-Text Articles in Fourteenth Amendment
Progressive And Conservative Constitutionalism, Robin West
Progressive And Conservative Constitutionalism, Robin West
Michigan Law Review
The article's central thesis is that the understandings of the constitutional tradition most central to both paradigms are determined by sometimes implicit, but more often explicit, political dispositions toward various forms of social and private power, and the normative authority to which social and private power gives rise. Very broadly, conservative constitutionalists view private or social normative authority as the legitimate and best source of guidance for state action; accordingly, they view both the Constitution and constitutional adjudication as means of preserving and protecting that authority and the power that undergirds it against either legislative or judicial encroachment. Progressive constitutionalists, …
Deshaney V. Winnebago County: The Narrowing Scope Of Constitutional Torts, Garrett M. Smith
Deshaney V. Winnebago County: The Narrowing Scope Of Constitutional Torts, Garrett M. Smith
Maryland Law Review
No abstract provided.
Addressing The Needs Of Attorneys For The Damned, Sean O'Brien
Addressing The Needs Of Attorneys For The Damned, Sean O'Brien
Faculty Works
This article is an introduction to the UMKC Law Review symposium issue dedicated to exploring the topic of capital punishment. UMKC Professor of Law Sean O’Brien shares how the growing importance of capital litigation makes this a timely and appropriate subject for consideration and shares how the university and the Law Review's attention to the death penalty debate contributes to more than just academic discussion.
Reconstructing Section Five Of The Fourteenth Amendment To Assist Impoverished Children, James G. Wilson
Reconstructing Section Five Of The Fourteenth Amendment To Assist Impoverished Children, James G. Wilson
Law Faculty Articles and Essays
Liberal lawyers encounter grim alternatives caused by the Supreme Court's relentless shift to the right, particularly if they consider stare decisis a major constitutional value. They can attack specific decisions, demonstrating inconsistencies with prior cases, conclusory reasoning and/ or poor policy. They can use history, jurisprudence or even literature to make broad-based critiques of the Court's increasing callousness. They can propose counter-doctrine which is consistent with existing caselaw. The third response may appear quixotic, even naive, given the present Court. Nevertheless, exploration of progressive alternatives illuminates existing doctrine and provides potential openings if the Court ever decides to become more …
Reconstructing Section Five Of The Fourteenth Amendment To Assist Impoverished Children, James Wilson
Reconstructing Section Five Of The Fourteenth Amendment To Assist Impoverished Children, James Wilson
Cleveland State Law Review
This article maintains that the Supreme Court's most recent affirmative action decisions, City of Richmond v. JA. Croson, Co. and Metro Broadcasting, Inc. v. F.C.C. provide a surprising opportunity for the Court to offer constitutional protection to many Americans who are currently under protected, particularly to poor children. This Article will argue that the Richmond/Metro double standard is acceptable in such difficult areas as affirmative action, particularly if the Court also adopts this Article's primary proposal that the Court should sometimes permit Congress to "dilute" Supreme Court decisions. This Article shall explore this proposed doctrine of limited dilution by applying …
Random Drug Testing Of Student Athletes By State Universities In The Wake Of Von Raab And Skinner, Leroy Pernell
Random Drug Testing Of Student Athletes By State Universities In The Wake Of Von Raab And Skinner, Leroy Pernell
Journal Publications
This article will focus on the particularly complicated question of the legality of drug testing at state universities. State universities comprise a significant number of the universities involved in intercollegiate athletics at the major conference level. The state university at the same time is a branch of the state and operates under color of state law. As such, its actions fall under the additional scrutiny of the constitutional principles contained in, and incorporated through, the fourteenth amendment to the United States Constitution. In examining the legal significance of drug testing of student-athletes at a state university, this article will closely …
Capital Punishment In Missouri: Recent Developments In The Interpretation And Administration Of The Death Penalty, Ellen Y. Suni
Capital Punishment In Missouri: Recent Developments In The Interpretation And Administration Of The Death Penalty, Ellen Y. Suni
Faculty Works
No abstract provided.
A Step Towards Fairness In Capital Litigation: Missouri Resource Center, Sean O'Brien
A Step Towards Fairness In Capital Litigation: Missouri Resource Center, Sean O'Brien
Faculty Works
No abstract provided.
The Future Of Minority Set-Aside Programs After City Of Richmond, Judy Kerczewski Kranjc
The Future Of Minority Set-Aside Programs After City Of Richmond, Judy Kerczewski Kranjc
Cleveland State Law Review
One type of controversial affirmative action plan is the minority set-aside program. This Note will focus on the future of these plans in the wake of the recent Supreme Court decision, City of Richmond v. J.A. Croson Co. First, an examination of the background of affirmative action leading up to set-asides is in order. Second, this Note will analyze City of Richmond and the constitutional and social issues at stake, balancing whether minority set-asides are needed with the recognition that discrimination and lack of economic opportunity for minorities still exists in our society. Finally, the Note will examine several lower …
English-Only Rules And The Right To Speak One's Primary Language In The Workplace, Juan F. Perea
English-Only Rules And The Right To Speak One's Primary Language In The Workplace, Juan F. Perea
University of Michigan Journal of Law Reform
This Article analyzes the issues raised by English-only rules and the decisions discussing these rules. Part I reviews the leading cases on English-only rules. The Article then explores several issues that must be considered in deciding any English-only rule case under Title VII. Part II addresses whether speaking one's primary language should constitute a protected right as an aspect of national origin under Title VII. This Article argues that primary language should be protected under Title VII for several reasons: the courts and the EEOC construe the term "national origin" broadly; primary language constitutes a fundamental aspect of ethnicity and …
When Sovereigns Collide: Why America's Figure Skating Competitors Are The Ultimate Losers Under The Amateur Sports Act Of 1978, Jonathan S. Fishbein
When Sovereigns Collide: Why America's Figure Skating Competitors Are The Ultimate Losers Under The Amateur Sports Act Of 1978, Jonathan S. Fishbein
Cardozo Arts & Entertainment Law Journal
No abstract provided.
On Krauskopf On Glendon On Abortion, Richard D. Stith
On Krauskopf On Glendon On Abortion, Richard D. Stith
Journal of Legal Education
No abstract provided.
South Carolina V. Gathers 109 S. Ct. 2207,104 L. Ed. 2d 876 (1989) United States Supreme Court
South Carolina V. Gathers 109 S. Ct. 2207,104 L. Ed. 2d 876 (1989) United States Supreme Court
Capital Defense Journal
No abstract provided.
Penry V. Lynaugh 109 S. Ct. 2934,106 L. Ed. 2d 256 (1989) United States Supreme Court
Penry V. Lynaugh 109 S. Ct. 2934,106 L. Ed. 2d 256 (1989) United States Supreme Court
Capital Defense Journal
No abstract provided.
Waye V. Townley 871 F.2d 18 (4th Cir. 1989) United States Court Of Appeals For The Fourth Circuit
Waye V. Townley 871 F.2d 18 (4th Cir. 1989) United States Court Of Appeals For The Fourth Circuit
Capital Defense Journal
No abstract provided.
Restrictions On The State's Use Of Mental Health Experts In Capital Trials, W. Lawrence Fitch
Restrictions On The State's Use Of Mental Health Experts In Capital Trials, W. Lawrence Fitch
Capital Defense Journal
No abstract provided.
Ncaa V. Tarkanian: The State Action Doctrine Faces A Half-Court Press, Jose R. Riguera
Ncaa V. Tarkanian: The State Action Doctrine Faces A Half-Court Press, Jose R. Riguera
University of Miami Law Review
No abstract provided.
"Discrimination" On The Basis Of Religion: An Examination Of Attempted Value Neutrality In Employment, Laura S. Underkuffler
"Discrimination" On The Basis Of Religion: An Examination Of Attempted Value Neutrality In Employment, Laura S. Underkuffler
Cornell Law Faculty Publications
No abstract provided.
Circumventing Racism: Confronting The Problem Of The Affirmative Action Ideology, Christopher T. Wonnell
Circumventing Racism: Confronting The Problem Of The Affirmative Action Ideology, Christopher T. Wonnell
BYU Law Review
No abstract provided.
Section 1983 And The Due Process Clause: Crossing The Constitutional Line, Linda G. Gay
Section 1983 And The Due Process Clause: Crossing The Constitutional Line, Linda G. Gay
Cardozo Law Review
No abstract provided.
Deshaney V. Winnebago County Department Of Social Services: The Future Of Section 1983 Actions For State Inaction, Roberta M. Saielli
Deshaney V. Winnebago County Department Of Social Services: The Future Of Section 1983 Actions For State Inaction, Roberta M. Saielli
Loyola University Chicago Law Journal
No abstract provided.
Housing Discrimination, Richard F. Bellman ,Esq., Richard Cahn ,Esq.
Housing Discrimination, Richard F. Bellman ,Esq., Richard Cahn ,Esq.
Touro Law Review
No abstract provided.
Arizona V. Youngblood: Does The Criminal Defendant Lose His Right To Due Process When The State Loses Exculpatory Evidence?, Willis C. Moore
Arizona V. Youngblood: Does The Criminal Defendant Lose His Right To Due Process When The State Loses Exculpatory Evidence?, Willis C. Moore
Touro Law Review
No abstract provided.
Sandra Day O’Connor, Abortion, And Compromise For The Court, Susan M. Halatyn
Sandra Day O’Connor, Abortion, And Compromise For The Court, Susan M. Halatyn
Touro Law Review
No abstract provided.
Employment Discrimination, Charles Stephen Ralston, Paul Kamenar, William Bradford Reynolds, Gail Wright-Sirmans
Employment Discrimination, Charles Stephen Ralston, Paul Kamenar, William Bradford Reynolds, Gail Wright-Sirmans
Touro Law Review
No abstract provided.
Service Of Process Abroad: A Study Of The Adequate Notice Requirement, Jan H.F. Schamp
Service Of Process Abroad: A Study Of The Adequate Notice Requirement, Jan H.F. Schamp
LLM Theses and Essays
This LL.M. thesis provides a comprehensive comparative analysis of the adequate notice requirement in transnational service of process, examining the interplay between United States constitutional standards, European Communities conventions, and international treaty law. The work begins with a functional analysis of service of process, tracing its dual role as an assertion of territorial jurisdiction and as a mechanism for defendant notification across the American legal system, traditional English Common Law, and the Civil Law tradition. It then undertakes a detailed comparison of the "due notice" requirement under the Due Process Clause of the United States Constitution with the analogous protections …
Forgetting The Constitution, Robert F. Nagel
Ross V. Oklahoma 108 S.Ct. 2273 (1988)
Yates V. Aiken 108 S.Ct. 534 (1988)
Thompson V. Oklahoma 486 U.S. -, 108 S.Ct. 2687, 100 L.Ed.2d -, (1988)
Thompson V. Oklahoma 486 U.S. -, 108 S.Ct. 2687, 100 L.Ed.2d -, (1988)
Capital Defense Journal
No abstract provided.