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Articles 2671 - 2700 of 3158

Full-Text Articles in Fourteenth Amendment

A New Dimension In Equal Protection?, Theodore J. St. Antoine Jan 1977

A New Dimension In Equal Protection?, Theodore J. St. Antoine

Articles

Two of America's most cherished values will collide head-on this year, when the U.S. Supreme Court comes to grips with the most significant civil rights suit since the school desegregation cases of 1954. Arrayed on one side is the principle of governmental "color-blindness," the appealing notion that the color of a person's skin should have nothing to do with the distribution of benefits or burdens by the state. Set against it is the goal of a truly integrated society and the tragic realization that this objective cannot be achieved within the foreseeable future unless race and color are taken into …


The Thirteenth And Fourteenth Amendments: Constitutional Authority For Federal Legislation Against Private Sex Discrimination, Emily Calhoun Jan 1977

The Thirteenth And Fourteenth Amendments: Constitutional Authority For Federal Legislation Against Private Sex Discrimination, Emily Calhoun

Publications

No abstract provided.


Judicial Review Of Private Hospital Activities, Michigan Law Review Dec 1976

Judicial Review Of Private Hospital Activities, Michigan Law Review

Michigan Law Review

This Note will examine the judicial review of hospitals under state law and the fourteenth amendment and will suggest that unless certain clear requirements for "publicness" are met, judicial restraint based on the failure of legislative institutions to mandate judicial interference is the better course.


Nyquist V. Mauclet, Lewis F. Powell Jr. Oct 1976

Nyquist V. Mauclet, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


De Facto And De Jure Sex Discrimination Under The Equal Protection Clause: A Reconsideration Of The Veterans' Preference In Public Employment, Grace Blumberg Oct 1976

De Facto And De Jure Sex Discrimination Under The Equal Protection Clause: A Reconsideration Of The Veterans' Preference In Public Employment, Grace Blumberg

Buffalo Law Review

No abstract provided.


Brief For Appellees, Juidice V. Vail, Jane Bloom Grisé, John D. Gorman Sep 1976

Brief For Appellees, Juidice V. Vail, Jane Bloom Grisé, John D. Gorman

Law Faculty Advocacy

No abstract provided.


Prisoner Property Deprivations: Section 1983 And The Fourteenth Amendment, Steven H. Hazelrigg Jul 1976

Prisoner Property Deprivations: Section 1983 And The Fourteenth Amendment, Steven H. Hazelrigg

Indiana Law Journal

No abstract provided.


Constitutional Law-Equal Protection-Due Process - The Irrebuttable Presumption Doctrine - Weinberger V. Salfi, Arlen D. Woffinden May 1976

Constitutional Law-Equal Protection-Due Process - The Irrebuttable Presumption Doctrine - Weinberger V. Salfi, Arlen D. Woffinden

BYU Law Review

No abstract provided.


Judicial Review Of Parole Release Decisionmaking, Thomas B. Grier Apr 1976

Judicial Review Of Parole Release Decisionmaking, Thomas B. Grier

IUSTITIA

An inmate at a federal penal institution "is entitled only to be released after full service of his sentence less good time earned during incarceration." He or she is not entitled to parole, for parole is not a right but a privilege, a matter of "legislative grace". The United States Board of Parole has "absolute discretion" in deciding whether and when to grant parole. The judiciary will not interfere with the Board, as "courts are without power to grant a parole or to determine judicially eligibility for parole." And since the Board is statutorily authorized to exercise broad discretion, and …


Judicial Supervision Of Legislative Classifications - A More Modest Role For Equal Protection, Edward L. Barrett Jr. Mar 1976

Judicial Supervision Of Legislative Classifications - A More Modest Role For Equal Protection, Edward L. Barrett Jr.

BYU Law Review

No abstract provided.


Due Process In Parole Granting: A Current Assessment, 10 J. Marshall J. Prac. & Proc. 93 (1976), Frank S. Merritt Jan 1976

Due Process In Parole Granting: A Current Assessment, 10 J. Marshall J. Prac. & Proc. 93 (1976), Frank S. Merritt

UIC Law Review

No abstract provided.


Expatriation: Afroyim V. Rusk And Its Progeny, Jonathan D. Factor Jan 1976

Expatriation: Afroyim V. Rusk And Its Progeny, Jonathan D. Factor

Buffalo Law Review

No abstract provided.


Equal Protection And Criminal Sentencing: Legal And Policy Considerations, Mark Berger Jan 1976

Equal Protection And Criminal Sentencing: Legal And Policy Considerations, Mark Berger

Faculty Works

No abstract provided.


A Prolegomena To Reviving The Civil Rights Act Of 1866: White Standing Under Section 1981 - A Federal Common Law Right To Contract, Allen E. Shoenberger Jan 1976

A Prolegomena To Reviving The Civil Rights Act Of 1866: White Standing Under Section 1981 - A Federal Common Law Right To Contract, Allen E. Shoenberger

Loyola University Chicago Law Journal

No abstract provided.


Constitutional Law-Durational Residency Requirement For Divorce Held Not To Violate Fourteenth Amendment Jan 1976

Constitutional Law-Durational Residency Requirement For Divorce Held Not To Violate Fourteenth Amendment

University of Richmond Law Review

One of the legacies of the Warren era was the development of a strict standard of judicial review in certain cases brought under the equal protection clause of the fourteenth amendment. Once the Court determined that a fundamental interest had been infringed or denied, the new equal protection analysis required that the challenged statute pass a "compelling interest" test, or be found in violation of the fourteenth amendment. Various interests have been recognized as fundamental and afforded special protection by the Court.


Judicial Review In Local Government Law: A Reappraisal, Harold H. Bruff Jan 1976

Judicial Review In Local Government Law: A Reappraisal, Harold H. Bruff

Publications

No abstract provided.


Constitutional Law—The Public Forum In Nontraditional Areas—Lehman V. City Of Shaker Heights, 418 U.S. 298 (1974), David D. Swartling Nov 1975

Constitutional Law—The Public Forum In Nontraditional Areas—Lehman V. City Of Shaker Heights, 418 U.S. 298 (1974), David D. Swartling

Washington Law Review

In 1970, Harry Lehman, a candidate for election to the Ohio state legislature, attempted to purchase advertising space on local buses belonging to the city of Shaker Heights' rapid transit system. Although space was available, the advertising agent for the transit company rejected Lehman's request because its contract with the city proscribed political advertising on buses. Lehman sought a declaratory judgment and an injunction, alleging violation of the first and fourteenth amendments. The trial court denied relief, and the state supreme court affirmed. In a 5-4 decision, the United States Supreme Court affirmed. In the plurality opinion, Justice Blackmun concluded …


Roemer V. Board Of Public Works Of Maryland, Lewis F. Powell Jr. Oct 1975

Roemer V. Board Of Public Works Of Maryland, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Hills V. Gautreaux, Lewis F. Powell, Jr. Oct 1975

Hills V. Gautreaux, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


Hortonville Joint School District No. 1 V. Hortonville Education Association, Lewis F. Powell Jr Oct 1975

Hortonville Joint School District No. 1 V. Hortonville Education Association, Lewis F. Powell Jr

Supreme Court Case Files

No abstract provided.


Montanye V. Haymes, Lewis F. Powell, Jr. Oct 1975

Montanye V. Haymes, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


Ludwig V. Massachusetts, Lewis F. Powell Jr. Oct 1975

Ludwig V. Massachusetts, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Gerstein V. Pugh, 420 U.S. 103 (1975); In Re Florida Rules Of Criminal Procedure, 309 So. 2d 544 (Fla. 1975), R. Wayne Miller Oct 1975

Gerstein V. Pugh, 420 U.S. 103 (1975); In Re Florida Rules Of Criminal Procedure, 309 So. 2d 544 (Fla. 1975), R. Wayne Miller

Florida State University Law Review

Criminal Procedure- PRELIMINARY HEARINGS- NONADVERSARY JUDICIAL DETERMINATION OF PROBABLE CAUSE TO DETAIN IS PREREQUISITE TO EXTENDED RESTRAINT OF LIBERTY FOLLOWING ARREST.


Recent Equal Protection Decisions--Fundamental Right To Travel Or "Newcomers" As A Suspect Class?, Thomas R. Mccoy Oct 1975

Recent Equal Protection Decisions--Fundamental Right To Travel Or "Newcomers" As A Suspect Class?, Thomas R. Mccoy

Vanderbilt Law Review

The thesis of this article is two-fold. First, the Court's acceptance and application of the Shapiro-Dunn reasoning in Maricopa unintentionally demonstrated the intellectual inadequacy of that much-discussed line of reasoning. Read together, the Court's opinions in Shapiro, Dunn, and Maricopa establish a set of theoretical principles whose derivation is logically defective, whose consistent application would require unacceptable results in many other cases,and whose existence now forces the Court to distinguish arbitrarily other cases that, in terms of those theoretical principles, simply are not distinguishable from Shapiro, Dunn, and Maricopa. Secondly, despite the logical inadequacy and practical disutility of the theoretical …


Justice Douglas And The Equal Protection Clause, Kenneth L. Karst Oct 1975

Justice Douglas And The Equal Protection Clause, Kenneth L. Karst

Indiana Law Journal

No abstract provided.


Weinberger V. Wiesenfeld, 95 S. Ct. 1225 (1975), Barbara Cozad Biddle Jul 1975

Weinberger V. Wiesenfeld, 95 S. Ct. 1225 (1975), Barbara Cozad Biddle

Florida State University Law Review

Constitutional Law- EQUAL PROTECTION- DENYING SOCIAL SECURITY "MOTHER'S INSURANCE BENEFITS" TO FATHERS VIOLATES EQUAL PROTECTION COMPONENT OF FIFTH AMENDMENT DUE PROCESS CLAUSE.


Niles V. Niles, 299 So. 2d 162 (Fla. 2d Dist. Ct. App. 1974), C. Anthony Cleveland Apr 1975

Niles V. Niles, 299 So. 2d 162 (Fla. 2d Dist. Ct. App. 1974), C. Anthony Cleveland

Florida State University Law Review

Child Custody- INTERRACIAL MARRIAGE MAY BE CONSIDERED IN FRAMING CUSTODY MODIFICATION ORDERS.


Goss V. Lopez, 95 S. Ct. 729 (1975), Stephen J. Kubik Apr 1975

Goss V. Lopez, 95 S. Ct. 729 (1975), Stephen J. Kubik

Florida State University Law Review

Constitutional Law- FOURTEENTH AMENDMENT- STUDENTS FACING SUSPENSION HAVE PROPERTY AND LIBERTY INTERESTS THAT QUALIFY FOR DUE PROCESS PROTECTION.


Narcotics Offenders And The Internal Revenue Code: Sheathing The Section 6851 Sword, John M. Fite Mar 1975

Narcotics Offenders And The Internal Revenue Code: Sheathing The Section 6851 Sword, John M. Fite

Vanderbilt Law Review

This Note first will analyze the Internal Revenue Code provisions supporting the current crackdown by the IRS on suspected narcotics dealers. Secondly, it will examine the split in the federal circuit courts of appeal on the issues of the availability of Tax Court review of an assessment made pursuant to a section 6851 termination of a taxable year and the availability of equitable or statutory protections to prevent the seizure and sale of property belonging to the taxpayer. Lastly, a discussion of the propriety of such conduct by the IRS and its constitutionality in light of recent Supreme Court decisions …


Constitutional Law—Mandatory Pregnancy Leave Regulations Are Denial Of Due Process—Cleveland Board Of Education V. Lafleur, 414 U.S. 632 (1974), Daniel Clinton Sever Feb 1975

Constitutional Law—Mandatory Pregnancy Leave Regulations Are Denial Of Due Process—Cleveland Board Of Education V. Lafleur, 414 U.S. 632 (1974), Daniel Clinton Sever

Washington Law Review

Regulations of the Cleveland, Ohio, Board of Education required that every pregnant teacher take a maternity leave at the end of her fourth month of pregnancy. The teacher was eligible for re-employment at the beginning of the school semester immediately after her child attained three months of age, providing she first submitted a doctor's certificate attesting to her health. The school board of Chesterfield County, Virginia, enacted a similar mandatory leave rule. However, Chesterfield County's re-employment rule did not condition the teacher's eligibility for re-employment on the age of her child; it provided that she was eligible for re-employment after …