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Articles 2731 - 2760 of 3158
Full-Text Articles in Fourteenth Amendment
Abortion After Roe And Doe: A Proposed Statute, Mark B. Anderson, H. Michael Bennett, Andrew D. Coleman, Peter Weiss, Richard K. Wray (Chairman)
Abortion After Roe And Doe: A Proposed Statute, Mark B. Anderson, H. Michael Bennett, Andrew D. Coleman, Peter Weiss, Richard K. Wray (Chairman)
Vanderbilt Law Review
On January 22, 1973, the United States Supreme Court ruled in Roe v. Wade' that the Texas criminal abortion statute, which proscribed all abortions except "for the purpose of saving the life of the mother,' 'violated the constitutional right of privacy. Justice Blackmun, delivering the opinion of the Court, declared that the concepts of personal liberty and restrictions on state action provided by the fourteenth amendment supported a right of privacy "broad enough to encompass a woman's decision whether or not to terminate her pregnancy."' In a companion case, Doe v. Bolton,' the Court noted several impermissible procedural as well …
Constitutional Implications Of Withdrawal Of Federal Tax Benefits From Private Segregated Schools - Bob Jones University V. Connally
Maryland Law Review
No abstract provided.
Racial Discrimination In The Private Housing Sector: Five Years After
Racial Discrimination In The Private Housing Sector: Five Years After
Maryland Law Review
No abstract provided.
On Privacy: Constitutional Protection For Personal Liberty, Susan Herman, L. Simonson
On Privacy: Constitutional Protection For Personal Liberty, Susan Herman, L. Simonson
Faculty Scholarship
No abstract provided.
Book Review Of Equal Justice: The Warren Era Of The Supreme Court, W. Taylor Reveley Iii
Book Review Of Equal Justice: The Warren Era Of The Supreme Court, W. Taylor Reveley Iii
Faculty Publications
No abstract provided.
Recent Developments, Law Review Staff
Recent Developments, Law Review Staff
Vanderbilt Law Review
The fourteenth amendment provides that "[n]o State shall . ..deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."' The amendment thus explicitly forbids the state to engage in certain conduct, but places no express restriction on the acts of private individuals. Although the Supreme Court has consistently held that state action is a necessary element of a fourteenth amendment violation, the concept of state action was expanded to cover activities arguably private in nature to the extent that by 1970 the Court …
Lefkowitz V. Turley, Lewis F. Powell Jr.
Lefkowitz V. Turley, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Public Employee's Right To A Pre-Termination Hearing Under The Due Process Clause, Rodger C. Field
Public Employee's Right To A Pre-Termination Hearing Under The Due Process Clause, Rodger C. Field
Indiana Law Journal
No abstract provided.
A Woman's Right To Voluntary Sterilization, Susan L. Bloom
A Woman's Right To Voluntary Sterilization, Susan L. Bloom
Buffalo Law Review
No abstract provided.
Recent Development, Law Review Staff
Recent Development, Law Review Staff
Vanderbilt Law Review
Prisons in the United States house approximately 220,000 felons,'95 percent of whom will eventually return to society Most state legislatures have delegated to prison administrative bodies the power both to establish regulations prescribing proper prison conduct and to impose sanctions for their violation. Prison administrators thus have been granted wide latitude in establishing the procedures by which prisoners are determined to be guilty of disciplinary infractions and punished. Frequently, prisoners who allegedly have violated prison standards are not afforded notice of their offenses, are judged by their accusers, and are awarded disproportionately severe punishment, such as solitary confinement or loss …
Constitutional Law—Equal Protection: Supermajority Voting Requirements—Gordon V. Lance, 403 U.S. 1 (1971), Anon
Washington Law Review
On April 29, 1968, the Board of Education of Roane County, West Virginia, submitted to its electorate a proposal calling for the issuance of general obligation bonds, the proceeds of which were to be used for the construction of new school buildings and the improvement of existing educational facilities. At the same election, by separate ballot, the voters were asked to authorize the Board to levy additional taxes to support current expenditures and capital improvements. Both proposals failed to receive the requisite sixty percent affirmative vote and were defeated. Following the election, respondents, a group of concerned parents, appeared before …
Non-Tenured Teachers And Due Process: The Right To A Hearing And Statement Of Reasons
Non-Tenured Teachers And Due Process: The Right To A Hearing And Statement Of Reasons
Washington and Lee Law Review
No abstract provided.
State Liability To Innocent Prisoners In Prison Uprisings
State Liability To Innocent Prisoners In Prison Uprisings
Washington and Lee Law Review
No abstract provided.
Wrongful Death-"Child" As Used In Wrongful Death Statutes Includes Unacknowledged Posthumous Illegitimate
University of Richmond Law Review
"With liberty and justice for all" is a familiar phrase upon which the American system of jurisprudence is founded. Yet society has been slow to allow a large number of its citizens to enjoy the benefits of such equal justice. Exemplifying this inconsistency is the stigma that envelops illegitimacy. "Illegitimacy is a way of life-a second-class way of life, imposed not only by the fact of birth outside a family, but by law as well." The fact that society has accepted and continues to accept this legislatively enforced discrimination against illegitimate children, while favoring legitimate children, may rest on the …
Creditor's Rights - The Fourteenth Amendment Held To Require Notice And Hearing Prior To Any Repossession Of Consumer Property By Means Involving State Action, Edward F. Ruberry
Creditor's Rights - The Fourteenth Amendment Held To Require Notice And Hearing Prior To Any Repossession Of Consumer Property By Means Involving State Action, Edward F. Ruberry
Loyola University Chicago Law Journal
No abstract provided.
Searching For The Intent Of The Framers Of Fourteenth Amendment , Robert J. Kaczorowski
Searching For The Intent Of The Framers Of Fourteenth Amendment , Robert J. Kaczorowski
Faculty Scholarship
IN 1946 JUSTICE HUGO BLACK DECLARED that one of the objects of the fourteenth amendment was to apply the Bill of Rights to the States. He was confident that an analysis of the intent of the framers of the amendment would support his assertion. A few years later the Supreme Court requested such an investigation, but when the analysis was made and the results presented to it, the Supreme Court concluded that the framers' intent could not be determined. The uncertainty surrounding the intent of the framers of the fourteenth amendment has had profound implications on the application of that …
Obscenity -- Federal Statutes Prohibiting Importation And Mail Distribution Of Obscene Materials Do Not Violate First Amendment, Law Review Staff
Obscenity -- Federal Statutes Prohibiting Importation And Mail Distribution Of Obscene Materials Do Not Violate First Amendment, Law Review Staff
Vanderbilt Law Review
Near the end of the 1970-71 term, the Supreme Court considered two cases, United States v. Reidell and United States v. Thirty-Seven (37) Photographs, in which constitutional challenges were raised against federal statutes regulating the distribution and importation of obscene materials. These challenges were engendered by the apparent irreconcilability of the Court's decisions in Roth v. United States and Stanley v. Georgia. In Roth, the Court held that obscenity is not within the scope of first amendment protection for speech and press. In Stanley, however, a first amendment right to possess obscene materials in one's home was recognized, and the …
Equal Protection--Defacto Racio-Economic Classifications Not Constitutionally Suspect, Law Review Staff
Equal Protection--Defacto Racio-Economic Classifications Not Constitutionally Suspect, Law Review Staff
Vanderbilt Law Review
The fourteenth amendment's prohibition that "no state shall deny to any person within its jurisdiction the equal protection of the laws has long been held to require not only that each person be afforded a "fair" administration of state statutory commands, but also that the laws themselves be "equal."' This requirement of equal laws, however, has not been interpreted to mean that statutes must apply uniformly to all persons; rather the courts have held that legislatures may fashion laws that affect separate classes of persons unequally, as long as the classifi- cations involved are reasonable. While this judicial standard of …
Legislative Purpose, Rationality, And Equal Protection, Robert F. Nagel
Legislative Purpose, Rationality, And Equal Protection, Robert F. Nagel
Publications
No abstract provided.
Perry V. Sinderman, Lewis F. Powell Jr.
Perry V. Sinderman, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Innkeepers' Liens And The Requirements Of Due Process
Innkeepers' Liens And The Requirements Of Due Process
Washington and Lee Law Review
No abstract provided.
Federalizing Through The Franchise: The Supreme Court And Local Government, R. Perry Sentell Jr.
Federalizing Through The Franchise: The Supreme Court And Local Government, R. Perry Sentell Jr.
Scholarly Works
Decisionmaking at the local government level has been significantly affected by both national legislation and federal court decisions seeking to protect the right to vote. Indeed, Professor Sentell feels that the Supreme Court, through decisions invalidating restrictions on the franchise, has involved itself to an unparalleled degree in heretofore purely local affairs. In examining these decisions, the author queries if legitimate voting regulations may be now imposed by local governments. In so doing he focuses upon the Court's equal protection analysis of extraordinary majority vote requirements and elections restricted to certain segments of the electorate and upon the expansive judicial …
Hawkins V. Town Of Shaw: The Court As City Manager, C. Ronald Ellington, Lawrence F. Jones
Hawkins V. Town Of Shaw: The Court As City Manager, C. Ronald Ellington, Lawrence F. Jones
Scholarly Works
For over one hundred years Congress and the federal courts have pursued the goal of racial equality in the United States. In areas such as voting rights, public accommodations, and housing, Congress and the courts have interacted closely, with broad judicial interpretations upholding major remedial legislation. Moreover, when confronted by official state sources of racial discrimination, courts have traditionally responded to the clear command of the equal protection clause of the fourteenth amendment without awaiting congressional action. Brown v. Board of Education stands as perhaps the best known instance in which a court has, on its own, ordered the elimination …
Due Process—Administrative Law—Public Assistance: Applicant's Right To A Fair Hearing—Davis V. Toledo Metropolitan Housing Authority, 311 F. Supp. 795 (N.D. Ohio 1970), Anon
Washington Law Review
Plaintiff applied for admission to a low income housing program administered by the Toledo Metropolitan Housing Authority. The Authority's regulation concerning admission to the program provided several standards for determining an applicant's character eligibility. The regulations required that applicants of unqualified character be declared ineligible on the general grounds of "non-desirability." Plaintiff was denied a place on the waiting list for housing program vacancies on those grounds. Her request for the specific facts supporting the Housing Authority's decision was denied, and her appeal for a "fair hearing" to contest the decision was refused. Plaintiff brought suit to enjoin the Housing …
Constitutional Law - Estates - Reversion Of The Res Of A Charitable Trust Which Failed Because It Necessitated Racially Discriminatory State Action Is Not Violative Of The Xivth Amendment Where The Reversion Is By Operation Of State Law, And Due To The State Court's Refusal To Apply The Doctrine Of Cy Pres., Lawrence J. Casazza
Loyola University Chicago Law Journal
No abstract provided.
Administration Of Municipal Services In Light Of The Equal Protection Clause
Administration Of Municipal Services In Light Of The Equal Protection Clause
University of Richmond Law Review
Disparities in the quality of human existence have been present throughout civilized societies whenever men have assembled, forming urban communities. The larger and more established these communities have become, the more pronounced have become the social disparities which separate their citizenry. Much of this social division is attributable to the age-old economic differences between the "haves" and the "have nots" differences accentuated by the complexities of modern urban life. However, with the modernization and increase of all varieties of municipal services, it has become clear that those "on the other side of the tracks" often do not enjoy the same …
Criminal Law - Federal Rule Of Collateral Estoppel Held To Be Incorporated Into The Double Jeopardy Clause And Applicable To The States Through The Fourteenth Amendment, William H. Pokorny Jr.
Criminal Law - Federal Rule Of Collateral Estoppel Held To Be Incorporated Into The Double Jeopardy Clause And Applicable To The States Through The Fourteenth Amendment, William H. Pokorny Jr.
Loyola University Chicago Law Journal
No abstract provided.
Pretrial Detention And The Eighth And Fourteenth Amendments, James Lowe
Pretrial Detention And The Eighth And Fourteenth Amendments, James Lowe
Cleveland State Law Review
It is in the intent of the writer of this paper to examine the conditions endured by indigent defendants through their pretrial detention in Cuyahoga County Jail with respect to the Constitutional prohibitions of "cruel and unusual" punishment and a denial of "equal protection of the laws." Cuyahoga County is better known as Cleveland, Ohio. Expediency requires that the important concept of the rights of indigent inmates as they relate to civil rights statutes, and particularly Title 42 U.S.C. Section 1983, not be considered here. It may be hoped, however, that the propositions and legal considerations put forth in this …
Long-Arm And Quasi In Rem Jurisdiction And The Fundamental Test Of Fairness, Michigan Law Review
Long-Arm And Quasi In Rem Jurisdiction And The Fundamental Test Of Fairness, Michigan Law Review
Michigan Law Review
This Comment is focused upon the errors that may result from the confusion surrounding the question of jurisdictional limitations. It is suggested that such confusion is the natural result of the prevailing concern of courts with the extreme limits of permissible jurisdiction, and that this confusion has so clouded the basic issues that erroneous results have been reached in more routine cases that do not even approach those limits-the "easy" cases. Cases decided in the past few years indicate that these erroneous results occur most often in three areas. Following a brief examination of the body of law and theory …
Effective Representation And Multimember Districts, Michigan Law Review
Effective Representation And Multimember Districts, Michigan Law Review
Michigan Law Review
The Supreme Court has not decided a case involving an assertion of the claim that a multimember district denies the right of effective representation since Fortson and Burns. However, there have been several subsequent challenges in lower courts to the validity of such districts, and these challenges have generally failed because the factual evidence did not demonstrate conclusively that the voting strength of a legally cognizable racial or political element had been minimized or cancelled. In Chavis v. Whitcomb, however, a three-judge federal district court in Indiana found that the plaintiff had presented sufficient factual evidence to sustain …