Fourteenth Amendment Commons^™

Crawford V. Board Of Education Of City Of Los Angeles, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Loretto V. Teleprompter, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Administrative Detention In Israel And The Occupied Territories, Richard Gladstein

Antioch Law Journal

Administrative detention in any form curtails civil liberties. Yet the vast majority of countries use administrative detention in times of perceived national emergency.' In an enduring state of crisis, Israel has enacted an administrative detention statute designed to safeguard the security of the state and the due process rights of detainees. This comment will examine preventive detention in Israel and the occupied territories in the context of Israeli and international law.2Administrative detention refers to the confinement of individuals by the executive branch of government for imperative security reasons.3 Such detention frequently involves more flexible rules of procedure, evidence, conviction, and …

Faces Without Features: The Surface Validity Of Criminal Inferences, Peter Lushing

Articles

The article critiques the Supreme Court's decision in County Court v. Allen, arguing that the Court's approach to evaluating instructed inferences in criminal cases undermines the integrity of the fact-finding process. The central concern is that the Court's methodology, which assesses inferences as applied rather than on their face, fails to address the potential irrationality of such inferences and the pressure they may exert on jurors to convict without thorough consideration of the evidence. The article advocates for a more rigorous standard to ensure the rationality and constitutionality of instructed inferences in criminal trials.

Prosecutorial Vindictiveness: An Examination Of Divergent Lower Court Standards And A Proposed Framework For Analysis, John J. Cross, Iii

Vanderbilt Law Review

The judicial response to the problems posed by the conduct of a prosecutor who brings increased charges against a criminal defendant for exercising his legal rights has not been adequate.Lower federal courts have adopted divergent standards, focusing on whether there exists an appearance of prosecutorial vindictiveness, a realistic likelihood of prosecutorial vindictiveness, or actual prosecutorial vindictiveness. By couching their analyses in terms of the prosecutor's motivations, these courts have ignored the overriding principle of substantive due process, which holds that fundamental constitutional rights should be afforded greater due process protection than nonfundamental rights. This Recent Development submits that courts must …

Constitutional Law - Fifth And Fourteenth Amendments - Privilege Against Self-Incrimination - Procedure In State Criminal Trials - Jury Instructions, Terry J. Trexler

Duquesne Law Review

The Supreme Court of the United States has held that a state criminal trial judge has a constitutional obligation, on a defendant's request, to instruct a jury that no inference of guilt may be drawn from a defendant's failure to testify.

Carter v. Kentucky, 101 S. Ct. 1112 (1981).

Constitutional Law - Fourteenth Amendment - Right To Privacy - Contraceptives - Minors, Wendy T. Weil

Duquesne Law Review

The United States Court of Appeals for the Sixth Circuit has held that a state-funded family planning center's distribution of contraceptives to minors without parental notice does not violate the parents' constitutional rights.

Doe v. Irwin, 615 F.2d 1162 (6th Cir.), cert. denied, 449 U.S. 829 (1980).

Constitutional Law - Fourteenth Amendment - Due Process Clause - Civil Rights - Section 1983 - Corporal Punishment, Richard A. Stevens

Duquesne Law Review

The United States Court of Appeals for the Fourth Circuit has held that a public school student severely injured by the use of disciplinary corporal punishment can press substantive due process claims under 42 U.S.C. § 1983 for deprivation of the fourteenth amendment right to bodily security.

Hall v. Tawney, 621 F.2d 607 (4th Cir. 1980).

Impermissible Reverse Discrimination V. Allowable Affirmative Action: The Supreme Court Upholds Racial Classifications, 14 J. Marshall L. Rev. 491 (1981), Margery Sabian

UIC Law Review

No abstract provided.

Statutorily Based Federal Rights: A New Role For Section 1983, 14 J. Marshall L. Rev. 547 (1981), Diane I. Jennings

UIC Law Review

No abstract provided.

In Memory Of Monrad G. Paulsen, Walter J. Wadlington

Cardozo Law Review

No abstract provided.

Finberg V. Sullivan: Protecting Exempt Funds From Postjudgment Seizure, Eric M. Schmidt

Cardozo Law Review

No abstract provided.

The Inequitable Burden Of School Desegregation Remedies: The Effects Of Shift In Supreme Court Decisions On The Buffalo School Desegregation Case, Denise E. O'Donnell

Buffalo Law Review

No abstract provided.

The Equal Protection Clause In The Supreme Court 1873-1903, Richard S. Kay

Buffalo Law Review

No abstract provided.

State Motor Vehicle Franchise Legislation: A Survey And Due Process Challenge To Board Composition, Gary M. Brown

Vanderbilt Law Review

This Note briefly traces the rise of the franchise as the primary automobile distribution device, the problems that confronted early dealers, and their subsequent inability to secure judicial relief. After examining dealers' efforts in the legislatures and the resulting statutes this Note points out several infirmities that exist regarding state automobile franchise regulation. The Note then focuses upon a particular constitutional challenge to state automobile franchise legislation. Finally, the Note concludes that such legislation is either genuinely ineffective or leads to the anomalous result that dealers assume more powerful positions with respect to their manufacturers through unconstitutional means. Based upon …

From Brown To Bakke: The Supreme Court And School Integration: 1954-1978, Michigan Law Review

Michigan Law Review

A Book Notice about From Brown to Bakke: The Supreme Court and School Integration: 1954-1978 by J. Harvie Wilkinson III

Constitutional Law - Fourteenth Amendment - Due Process Clause - Civil Rights Actions - Identification Procedures, Richard T. Mcgonigle

Duquesne Law Review

The United States Supreme Court has held that the due process clause of the fourteenth amendment does not require a sheriff's department to establish identification procedures to ascertain the validity of a prisoner's protests of mistaken identity so long as the prisoner's arrest was made pursuant to a validly issued warrant.

Baker v. McCollan, 99 S. Ct. 2689 (1979).

Constitutional Law - Fourteenth Amendment - Equal Protection - Aliens' Rights - Governmental Function Doctrine, Gwendolyn M. Robosson

Duquesne Law Review

The Supreme Court of the United States has held that a state may exclude aliens who have not declared an intent to become citizens from teaching in public schools.

Ambach v. Norwick, 441 U.S. 68 (1979).

Constitutional Law - Fourteenth Amendment - Equal Protection Clause - Adoption - Rights Of Putative Fathers, Ronald J. Rademacher

Duquesne Law Review

The United States Supreme Court has held that a New York statute providing that a natural mother could withhold her consent to the adoption of her child, but denying the same right to an unwed father, violates the equal protection clause of the fourteenth amendment.

Caban v. Mohammed, 99 S. Ct. 1760 (1979).

Constitutional Law - Fourteenth Amendment - Due Process - Civil Commitment - Mentally Ill And Retarded Juveniles, Ramona M. Arena

Duquesne Law Review

The United States Supreme Court has upheld the constitutionality of Pennsylvania's voluntary admission and commitment procedures for mentally ill or retarded juveniles, which provide for determination by a neutral fact finder of the necessity for confinement and periodic review of the necessity for continued confinement by a similar procedure.

Secretary of Public Welfare v. Institutionalized Juveniles, 442 U.S. 640 (1979).

Derivative Immunity Under Section 1983: Conspiracies Between Immune Judicial Officials And Private Persons, 14 J. Marshall L. Rev. 89 (1980), Jacquelyn F. Kidder

UIC Law Review

No abstract provided.

Petrie V. Illinois High School Association: Gender Classification And High School Athletics, 14 J. Marshall L. Rev. 227 (1980), Diane I. Jennings

UIC Law Review

No abstract provided.

Mackey V. Montrym - Due Process Limits On The Use Of Interest Balancing, 13 J. Marshall L. Rev. 441 (1980), Joyce E. Heinzerling

UIC Law Review

No abstract provided.

Federal Protection Of Individual Rights In Local Elections, 13 J. Marshall L. Rev. 503 (1980), Sheldon Gardner, Celeste M. Ebers

UIC Law Review

No abstract provided.

Rewriting Roe V. Wade, Donald H. Regan

Book Chapters

Roe v. Wade is one of the most controversial cases the Supreme Court has decided. The result in the case — the establishment of a constitutional right to abortion — was controversial enough. Beyond that, even people who approve of the result have been dissatisfied with the Court's opinion. Others before me have attempted to explain how a better opinion could have been written. It seems to me, however, that the most promising argument in support of the result of Roe has not yet been made. This essay contains my suggestions for ""rewriting" Roe v. Wade.

Casenote, Constitutional Law--Equal Protection--New York Statute Requiring Consent Of Mother, But Not Of Father, As Prerequisite To Adoption Of Illegitimate Child Violates The Fourteenth Amendment Because It Draws Gender-Based Distinction Which Bears No Substantial Relation To State Interest In Encouraging Adoption Of Illegitimate Children--Caban V. Mohammed, 441 U.S. 380 (1979), Mary F. Radford

Faculty Publications By Year

No abstract provided.

The Equal Protection Clause In The Supreme Court, 1873-1903, Richard Kay

Faculty Articles and Papers

No abstract provided.

Due Process And Pro Hac Vice Appearances By Attorneys: Does Any Protection Remain?, Timothy C. Cashmore

Buffalo Law Review

No abstract provided.

The Rights Of Gay Prisoners: A Challenge To Protective Custody, Joan W. Howarth

Scholarly Works

This Note focuses on the specific issues raised by the traditional method of dealing with homosexuals in prison: isolation from the general prison population. This traditional segregation often results in almost twenty-four hour-a-day confinement to a cell, which severely limits access to programs and opportunities normally enjoyed by prisoners.

This Note first discusses the history and current practice of segregation of gay prisoners' as well as the broader subject of protective custody, and then outlines the judicial response to the problems of protective custody prisoners generally and gay prisoners specifically. It then critiques the judicial confusion and resulting reluctance to …

Schoolbooks, School Boards, And The Constitution [Notes], Aleta Estreicher

Articles & Chapters

No abstract provided.