Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (1937)
- Civil Rights and Discrimination (1054)
- Supreme Court of the United States (701)
- Law and Race (575)
- Criminal Procedure (572)
-
- Criminal Law (543)
- State and Local Government Law (510)
- Courts (496)
- First Amendment (488)
- Law and Society (481)
- Law and Gender (441)
- Legal History (428)
- Law Enforcement and Corrections (427)
- Legislation (395)
- Jurisprudence (389)
- Education Law (376)
- Fourth Amendment (347)
- Human Rights Law (347)
- Law and Politics (337)
- Family Law (329)
- Judges (324)
- Election Law (321)
- Sexuality and the Law (314)
- Health Law and Policy (308)
- Immigration Law (303)
- Administrative Law (292)
- Labor and Employment Law (292)
- Juvenile Law (289)
- Institution
-
- University of Michigan Law School (488)
- Washington and Lee University School of Law (266)
- Seattle University School of Law (240)
- Touro University Jacob D. Fuchsberg Law Center (221)
- Yeshiva University, Cardozo School of Law (155)
-
- William & Mary Law School (138)
- Pepperdine University (76)
- UIC School of Law (71)
- Maurer School of Law: Indiana University (67)
- The University of Akron (63)
- Cleveland State University (57)
- Vanderbilt University Law School (57)
- University of Maryland Francis King Carey School of Law (54)
- University of Georgia School of Law (48)
- St. John's University School of Law (47)
- University of Washington School of Law (44)
- Northwestern Pritzker School of Law (37)
- Fordham Law School (36)
- Florida State University College of Law (35)
- Notre Dame Law School (35)
- University of Colorado Law School (33)
- University of Richmond (31)
- Brigham Young University Law School (29)
- Brooklyn Law School (29)
- Columbia Law School (29)
- New York Law School (29)
- University of Cincinnati College of Law (27)
- University of Oklahoma College of Law (27)
- Cornell University Law School (25)
- University of Arkansas Little Rock (25)
- Keyword
-
- Fourteenth Amendment (425)
- Due process (286)
- Equal protection (257)
- Equal Protection Clause (201)
- Supreme Court (177)
-
- Fourteenth amendment (175)
- Constitution (136)
- Discrimination (130)
- Constitutional law (117)
- United States Supreme Court (107)
- Due Process Clause (106)
- Due Process (103)
- Capital punishment sentencing (102)
- United States Constitution 14th Amendment (101)
- Fifth Amendment (87)
- Equal Protection (79)
- Constitutional Law (75)
- First Amendment (75)
- Race (73)
- Affirmative action (70)
- Abortion (68)
- New York (60)
- Race and law (60)
- Segregation (53)
- Federal (52)
- Federalism (52)
- 14th Amendment (51)
- Civil rights (51)
- Brown v. Board of Education (50)
- Congress (47)
- Publication Year
- Publication
-
- Michigan Law Review (361)
- Seattle University Law Review (199)
- Touro Law Review (181)
- Capital Defense Journal (137)
- Faculty Scholarship (112)
-
- Articles (89)
- UIC Law Review (65)
- Pepperdine Law Review (64)
- Cardozo Law Review (60)
- William & Mary Bill of Rights Journal (53)
- Akron Law Review (49)
- Vanderbilt Law Review (46)
- Maryland Law Review (41)
- Cardozo Journal of Equal Rights & Social Justice (40)
- Faculty Publications (40)
- Cleveland State Law Review (39)
- Scholarly Works (38)
- Supreme Court Case Files (38)
- Washington and Lee Law Review (37)
- The Catholic Lawyer (36)
- William & Mary Law Review (36)
- Indiana Law Journal (35)
- Publications (33)
- Washington Law Review (33)
- Journal of Race, Gender, and Equality (29)
- Scholarly Articles (29)
- Florida State University Law Review (28)
- Seattle Journal for Social Justice (27)
- Faculty Articles (26)
- Cornell Law Faculty Publications (25)
- Publication Type
- File Type
Articles 871 - 900 of 3186
Full-Text Articles in Fourteenth Amendment
Advocating At The Intersection Of Law, Science, And Culture Change: Options For Changing Minnesota's Statute Of Limitations For Criminal Sexual Conduct Felonies, Caroline Palmer
Mitchell Hamline Law Review
No abstract provided.
When Big Brother Becomes “Big Father”: Examining The Continued Use Of Parens Patriae In State Juvenile Delinquency Proceedings, Emily R. Mowry
When Big Brother Becomes “Big Father”: Examining The Continued Use Of Parens Patriae In State Juvenile Delinquency Proceedings, Emily R. Mowry
Dickinson Law Review (2017-Present)
The U.S. Constitution grants American citizens numerous Due Process rights; but, historically, the Supreme Court declined to extend these Due Process rights to children. Initially, common-law courts treated child offenders over the age of seven in the same manner as adult criminals. At the start of the 20th century, though, juvenile reformers assisted in creating unique juvenile courts that used the parens patriae doctrine and viewed children as delinquent youths in need of judicial parental guidance rather than punishment. Later, starting in 1967, the Supreme Court released multiple opinions extending certain constitutional Due Process rights to children in juvenile delinquency …
Judges Do It Better: Why Judges Can (And Should) Decide Life Or Death, Andrew R. Ford
Judges Do It Better: Why Judges Can (And Should) Decide Life Or Death, Andrew R. Ford
Dickinson Law Review (2017-Present)
Following its decision in Furman v. Georgia, the Supreme Court of the United States has attempted to standardize procedures that states use to subject offenders to the ultimate penalty. In practice, this attempt at standardization has divided capital sentencing into two distinct parts: the death eligibility decision and the death selection decision. The eligibility decision addresses whether the sentencer may impose the death penalty, while the selection decision determines who among that limited subset of eligible offenders is sentenced to death. In Ring v. Arizona, the Court held for the first time that the Sixth Amendment right to …
The Supreme Court, Due Process And State Income Taxation Of Trusts, Bridget J. Crawford, Michelle S. Simon
The Supreme Court, Due Process And State Income Taxation Of Trusts, Bridget J. Crawford, Michelle S. Simon
Elisabeth Haub School of Law Faculty Publications
What are the constitutional limits on a state's power to tax a trust with no connection to the state, other than the accident that a potential beneficiary lives there? The Supreme Court of the United States will take up this question this term in the context of North Carolina Department of Revenue v. Kimberley Rice Kaestner 1992 Family Trust. The case involves North Carolina's income taxation of a trust with a contingent beneficiary, meaning someone who is eligible, but not certain, to receive a distribution or benefit from the trust, who resides in that state. Part I of this Article …
Using Restorative Dialogue As An Assimilation Technique For Unaccompanied Children Escaping Gang Violence, Naomi Jawahar
Using Restorative Dialogue As An Assimilation Technique For Unaccompanied Children Escaping Gang Violence, Naomi Jawahar
Cardozo Journal of Conflict Resolution
This Note will first give background on the Northern Triangle area and background on the asylum process in Part I. Part II of the Note will discuss the negative government response in Section A. Section B will delve into the influence of gangs, Section C will discuss the relation between juvenile stigmatization and crime, and Section D will discuss the current resettlement process for UACs that is in place. Finally, Section E, of Part II, will discuss how ADR will help with the resettlement process. Part IH will offer a solution, with Section A showing how restorative dialogue specifically can …
Using Art To Make A Baby: How Rhode Island's Insurance Coverage Mandate Is Preventing Same-Sex Couples From Having Biological Children, Carla Centanni
Using Art To Make A Baby: How Rhode Island's Insurance Coverage Mandate Is Preventing Same-Sex Couples From Having Biological Children, Carla Centanni
Roger Williams University Law Review
No abstract provided.
New Look Constitutionalism: The Cold War Critique Of Military Manpower Administration, Jeremy K. Kessler
New Look Constitutionalism: The Cold War Critique Of Military Manpower Administration, Jeremy K. Kessler
Faculty Scholarship
By reconstructing the anxious, constitutional dialogue that shaped the administration of military manpower under President Eisenhower’s New Look, this Article explores the role that administrative constitutionalism played in the development of the American national-security state, a state that became both more powerful and more legalistic during the pivotal years of the Cold War. The Article also questions the frequent identification of administrative constitutionalism with the relative autonomy and opacity of the federal bureaucracy. The back-and-forth of administrative constitutionalism continually recalibrated the degree of autonomy and opacity that characterized the draft apparatus. This evidence suggests that bureaucratic autonomy and opacity may …
Wealth-Based Penal Disenfranchisement, Beth A. Colgan
Wealth-Based Penal Disenfranchisement, Beth A. Colgan
Vanderbilt Law Review
This Article offers the first comprehensive examination of the way in which the inability to pay economic sanctions-fines, fees, surcharges, and restitution-may prevent people of limited means from voting. The Supreme Court has upheld the constitutionality of penal disenfranchisement upon conviction, and all but two states revoke the right to vote for at least some offenses. The remaining jurisdictions allow for reenfranchisement for most or all offenses under certain conditions. One often overlooked condition is payment of economic sanctions regardless of whether the would-be voter has the ability to pay before an election registration deadline. The scope of wealth-based penal …
Animus And Its Alternatives: Constitutional Principle And Judicial Prudence, Daniel O. Conkle
Animus And Its Alternatives: Constitutional Principle And Judicial Prudence, Daniel O. Conkle
Articles by Maurer Faculty
In a series of cases addressing sexual orientation and other issues, the Supreme Court has ruled that animus-based lawmaking is constitutionally impermissible. The Court treats animus as an independent and sufficient basis for invalidation. Moreover, it appears to regard animus as a doctrine of first resort, to be utilized even when an alternative constitutional rationale, such as declaring a challenged classification suspect or quasi-suspect, would readily justify the same result. Responding especially to Professor William D. Araiza’s elaboration and defense of the Court’s animus doctrine, I agree that this doctrine is sound, indeed compelling, as a matter of constitutional principle. …
Reefer Madness: The Constitutional Consequence Of The Federal Government's Inconsistent Marijuana Policy, Zachary Ford
Reefer Madness: The Constitutional Consequence Of The Federal Government's Inconsistent Marijuana Policy, Zachary Ford
Texas A&M Law Review
In the past twenty years, the United States has witnessed over half of its states create marijuana laws that expressly contradict the federal government’s complete ban of the drug. Nine states have completely legalized marijuana for recreational use in the past five years alone. Meanwhile, much of the country remains staunchly opposed to legalization in any form. This difference between state and federal law has the largest negative impact on noncitizens, namely lawful permanent residents whom reside in states that follow the federal government’s complete ban. Congress’s Immigration and Nationality Act broadly defines “conviction,” so even minor drug convictions under …
The New Impartial Jury Mandate, Richard Lorren Jolly
The New Impartial Jury Mandate, Richard Lorren Jolly
Michigan Law Review
Impartiality is the cornerstone of the Constitution’s jury trial protections. Courts have historically treated impartiality as procedural in nature, meaning that the Constitution requires certain prophylactic procedures that secure a jury that is more likely to reach verdicts impartially. But in Peña- Rodriguez v. Colorado, 137 S. Ct. 855 (2017), the Supreme Court recognized for the first time an enforceable, substantive component to the mandate. There, the Court held that criminal litigants have a Sixth Amendment right to jury decisions made without reliance on extreme bias, specifically on the basis of race or national origin. The Court did not …
What Corporate Veil?, Joshua C. Macey
What Corporate Veil?, Joshua C. Macey
Michigan Law Review
Review of Adam Winkler's We the Corporations: How American Business Won Their Civil Rights.
Solitary Confinement Of Juvenile Offenders And Pre-Trial Detainees, Nicole Johnson
Solitary Confinement Of Juvenile Offenders And Pre-Trial Detainees, Nicole Johnson
Touro Law Review
No abstract provided.
Constructing The Original Scope Of Constitutional Rights, Nathan Chapman
Constructing The Original Scope Of Constitutional Rights, Nathan Chapman
Scholarly Works
In this solicited response to Ingrid Wuerth's "The Due Process and Other Constitutional Rights of Foreign Nations," I explain and justify Wuerth's methodology for constructing the original scope of constitutional rights. The original understanding of the Constitution, based on text and historical context, is a universally acknowledged part of constitutional law today. The original scope of constitutional rights — who was entitled to them, where they extended, and so on — is a particularly difficult question that requires a measure of construction based on the entire historical context. Wuerth rightly proceeds one right at a time with a careful consideration …
The (Limited) Constitutional Right To Compete In An Occupation, Rebecca Haw Allensworth
The (Limited) Constitutional Right To Compete In An Occupation, Rebecca Haw Allensworth
Vanderbilt Law School Faculty Publications
Is there a constitutional right to compete in an occupation? The “right to earn a living” movement, gaining steam in policy circles and winning some battles in the lower courts, says so. Advocates for this right say that the right to compete in an occupation stands on equal footing with our most sacred constitutional rights such as the right to be free from racial discrimination. This Article takes a different view, arguing that while there is a limited constitutional right to compete in an occupation, it is—and should be—weaker than these advocates claim. Some state licensing laws run afoul of …
Some Kind Of Hearing Officer, Kent H. Barnett
Some Kind Of Hearing Officer, Kent H. Barnett
Scholarly Works
In his prominent 1975 law-review article, “Some Kind of Hearing,” Second Circuit Judge Henry Friendly explored how courts (and agencies) should respond when the Due Process Clause required, in the Supreme Court’s exceedingly vague words, “some kind of hearing.” That phrase led to the familiar (if unhelpful) Mathews v. Eldridge balancing test, in which courts weigh three factors to determine how much process or formality is due. But the Supreme Court has never applied Mathews to another, often ignored facet of due process—the requirement for impartial adjudicators. As it turns out, Congress and agencies have broad discretion to fashion not …
Federal Guilty Pleas: Inequities, Indigence And The Rule 11 Process, Julian A. Cook
Federal Guilty Pleas: Inequities, Indigence And The Rule 11 Process, Julian A. Cook
Scholarly Works
In 2017 and 2018, the Supreme Court issued two little-noticed decisions—Lee v. United States and Class v. United States. While neither case captured the attention of the national media nor generated meaningful academic commentary, both cases are well deserving of critical examination for reasons independent of the issues presented to the Court. They deserve review because of a consequential shared fact; a fact representative of a commonplace, yet largely overlooked, federal court practice that routinely disadvantages the indigent (and disproportionately minority populations), and compromises the integrity of arguably the most consequential component of the federal criminal justice process. In each …
Life And Civil Death In The Ocean State: Resurrecting Life-Prisoners’ Right To Access Courts In Rhode Island, James M. Kovach
Life And Civil Death In The Ocean State: Resurrecting Life-Prisoners’ Right To Access Courts In Rhode Island, James M. Kovach
Roger Williams University Law Review
No abstract provided.
Purchasing Health? The Promise And Limits Of Public Health Insurance, Kristen Underhill
Purchasing Health? The Promise And Limits Of Public Health Insurance, Kristen Underhill
Faculty Scholarship
The 2010s have been a momentous decade for Medicaid. With enrollment of over seventy-two million people (19% of the country’s population), Medicaid is the nation’s largest public health insurance program, and it is the primary or sole source of health insurance for vulnerable groups such as low-income children and pregnant women, adults with disabilities, and people in need of long-term care. Since 2014, the pendulum of Medicaid policy has swung from an unprecedented expansion of coverage under the Affordable Care Act (ACA), toward more recent federal regulations and state policy innovations that are instead predicted to limit uptake of benefits. …
An Intersectional Critique Of Tiers Of Scrutiny: Beyond “Either/Or” Approaches To Equal Protection, Devon W. Carbado, Kimberlé W. Crenshaw
An Intersectional Critique Of Tiers Of Scrutiny: Beyond “Either/Or” Approaches To Equal Protection, Devon W. Carbado, Kimberlé W. Crenshaw
Faculty Scholarship
For the past forty years, Justice Powell’s concurring opinion in University of California v. Bakke has been at the center of scholarly debates about affirmative action. Notwithstanding the enormous attention Justice Powell’s concurrence has received, scholars have paid little attention to a passage in that opinion that expressly takes up the issue of gender. Drawing on the theory of intersectionality, this Essay explains several ways in which its reasoning is flawed. The Essay also shows how interrogating Justice Powell’s “single axis” race and gender analysis raises broader questions about tiers of scrutiny for Black women. Through a hypothetical of a …
The “New” District Court Activism In Criminal Justice Reform, Jessica A. Roth
The “New” District Court Activism In Criminal Justice Reform, Jessica A. Roth
Articles
Historically, the debate over the judicial role has centered on the constitutional and administrative law decisions of the United States Supreme Court, with an occasional glance at the Federal Courts of Appeals. It has, moreover, been concerned solely with the “in-court” behavior of Article III appellate judges as they carry out their power and duty “to say what the law is” in the context of resolving “cases and controversies.” This Article seeks to deepen the discussion of the appropriate role of Article III judges by broadening it to trial, as well as appellate, judges; and by distinguishing between an Article …
Conversion Therapy: A Brief Reflection On The History Of The Practice And Contemporary Regulatory Efforts, Tiffany C. Graham
Conversion Therapy: A Brief Reflection On The History Of The Practice And Contemporary Regulatory Efforts, Tiffany C. Graham
Scholarly Works
This brief symposium essay offers a broad-stroke sketch of the history of conversion therapy, its current status as a locus of regulation, and some preliminary questions about the direction the law might take to protect individuals who elect or are forcibly subjected to the practice.
Let All Voters Vote: Independents And The Expansion Of Voting Rights In The United States, Jeremy Gruber, Michael A. Hardy, Harry Kresky
Let All Voters Vote: Independents And The Expansion Of Voting Rights In The United States, Jeremy Gruber, Michael A. Hardy, Harry Kresky
Touro Law Review
No abstract provided.
Arlington Heights Won In The Supreme Court But The Fair Housing Act’S Goal Of Promoting Racial Integration Saved The Low-Income Housing, Henry Rose
Touro Law Review
No abstract provided.
How To Get Away With Murder: The “Gay Panic” Defense, Omar T. Russo
How To Get Away With Murder: The “Gay Panic” Defense, Omar T. Russo
Touro Law Review
No abstract provided.
The Difference Narrows: A Reply To Kurt Lash, Randy E. Barnett, Evan Bernick
The Difference Narrows: A Reply To Kurt Lash, Randy E. Barnett, Evan Bernick
Georgetown Law Faculty Publications and Other Works
No abstract provided.
The Privileges Or Immunities Clause Abridged: A Critique Of Kurt Lash On The Fourteenth Amendment, Randy E. Barnett, Evan Bernick
The Privileges Or Immunities Clause Abridged: A Critique Of Kurt Lash On The Fourteenth Amendment, Randy E. Barnett, Evan Bernick
Georgetown Law Faculty Publications and Other Works
The Privileges or Immunities Clause of the Fourteenth Amendment was virtually eliminated by the Supreme Court in three cases: The Slaughter-House Cases, Bradwell v. Illinois, and United States v. Cruikshank. Today, most constitutional scholars agree that this was a terrible mistake, the effects of which continue to reverberate through our constitutional law. But, as evidenced by the Court’s decision in McDonald v. City of Chicago, both the “left” and “right” sides of the Court are reluctant to open the “Pandora’s Box” of uncertainty created by the phrase “privileges or immunities of citizens of the United States.” …
Dying Constitutionalism And The Fourteenth Amendment, Ernest A. Young
Dying Constitutionalism And The Fourteenth Amendment, Ernest A. Young
Faculty Scholarship
The notion of a “living Constitution” often rests on an implicit assumption that important constitutional values will “grow” in such a way as to make the Constitution more attractive over time. But there are no guarantees: What can grow can also wither and die. This essay, presented as the 2018 Robert F. Boden Lecture at Marquette University Law School, marks the sesquicentennial of the Fourteenth Amendment’s ratification as a powerful charter of liberty and equality for black Americans. But for much of its early history, the Fourteenth Amendment’s meaning moved in reverse, overwhelmed by the end of Reconstruction, the gradual …
The Structural Underpinnings Of Access To Justice: Building A Solid Pro Bono Infrastructure, Latonia Haney Keith
The Structural Underpinnings Of Access To Justice: Building A Solid Pro Bono Infrastructure, Latonia Haney Keith
Mitchell Hamline Law Review
No abstract provided.
From Poverty To Personhood: Gideon Unchained, Ken Strutin
From Poverty To Personhood: Gideon Unchained, Ken Strutin
Mitchell Hamline Law Review
No abstract provided.