Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (1911)
- Civil Rights and Discrimination (1041)
- Supreme Court of the United States (695)
- Criminal Procedure (565)
- Law and Race (565)
-
- Criminal Law (535)
- State and Local Government Law (507)
- Courts (491)
- First Amendment (481)
- Law and Society (469)
- Law and Gender (433)
- Law Enforcement and Corrections (426)
- Legal History (425)
- Legislation (394)
- Jurisprudence (386)
- Education Law (376)
- Human Rights Law (346)
- Fourth Amendment (340)
- Law and Politics (336)
- Family Law (329)
- Judges (323)
- Election Law (321)
- Sexuality and the Law (314)
- Health Law and Policy (307)
- Immigration Law (302)
- Administrative Law (291)
- Labor and Employment Law (291)
- Juvenile Law (289)
- Institution
-
- University of Michigan Law School (488)
- Washington and Lee University School of Law (265)
- Seattle University School of Law (240)
- Touro University Jacob D. Fuchsberg Law Center (221)
- Yeshiva University, Cardozo School of Law (152)
-
- William & Mary Law School (138)
- Pepperdine University (76)
- UIC School of Law (71)
- Maurer School of Law: Indiana University (67)
- Cleveland State University (57)
- Vanderbilt University Law School (57)
- The University of Akron (54)
- 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)
- Florida State University College of Law (35)
- Notre Dame Law School (35)
- Fordham Law School (33)
- University of Colorado Law School (33)
- University of Richmond (30)
- 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 (26)
- Cornell University Law School (25)
- University of Arkansas Little Rock (25)
- Keyword
-
- Fourteenth Amendment (420)
- Due process (286)
- Equal protection (257)
- Equal Protection Clause (201)
- Supreme Court (176)
-
- Fourteenth amendment (174)
- Constitution (134)
- Discrimination (131)
- Constitutional law (117)
- United States Supreme Court (107)
- Due Process Clause (105)
- Capital punishment sentencing (102)
- Due Process (102)
- United States Constitution 14th Amendment (101)
- Fifth Amendment (86)
- Equal Protection (79)
- Constitutional Law (76)
- First Amendment (75)
- Race (73)
- Affirmative action (70)
- Abortion (67)
- 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 (86)
- 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 Ethnicity (29)
- Florida State University Law Review (28)
- Scholarly Articles (28)
- Seattle Journal for Social Justice (27)
- Faculty Articles (26)
- Cornell Law Faculty Publications (25)
- Publication Type
- File Type
Articles 871 - 900 of 3158
Full-Text Articles in Fourteenth Amendment
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 …
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. …
Democratic Policing Before The Due Process Revolution, Sarah Seo
Democratic Policing Before The Due Process Revolution, Sarah Seo
Faculty Scholarship
According to prevailing interpretations of the Warren Court’s Due Process Revolution, the Supreme Court constitutionalized criminal procedure to constrain the discretion of individual officers. These narratives, however, fail to account for the Court’s decisions during that revolutionary period that enabled discretionary policing. Instead of beginning with the Warren Court, this Essay looks to the legal culture before the Due Process Revolution to provide a more coherent synthesis of the Court’s criminal procedure decisions. It reconstructs that culture by analyzing the prominent criminal law scholar Jerome Hall’s public lectures, Police and Law in a Democratic Society, which he delivered in 1952 …
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 …
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.
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 …
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.
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.
How U.S. Family Law Might Deal With Spousal Relationships Of Three (Or More) People, Edward D. Stein
How U.S. Family Law Might Deal With Spousal Relationships Of Three (Or More) People, Edward D. Stein
Articles
For much of this nation's history, the vast majority of people have believed that being married to more than one person at the same time is deeply problematic. Further, polygamous marriage has never been legal in the United States. Despite this, some people have been in plural or group relationships and some of these people have wished to gain legal recognition for these relationships. The arguments for recognizing such relationships are persuasive, but the prospects for legalization of polygamous marriage seem slim in the near future. This Article offers a suggestion of how the law of domestic relations might deal …
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 …
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 …
Other Lands And Other Skies: Birthright Citizenship And Self-Government In Unincorporated Territories, John Vlahoplus
Other Lands And Other Skies: Birthright Citizenship And Self-Government In Unincorporated Territories, John Vlahoplus
William & Mary Bill of Rights Journal
No abstract provided.
Root And Branch: The Thirteenth Amendment And Environmental Justice, Mehmet K. Konar-Steenberg
Root And Branch: The Thirteenth Amendment And Environmental Justice, Mehmet K. Konar-Steenberg
Nevada Law Journal
No abstract provided.
Public Dollars, Private Discrimination: Protecting Lgbt Students From School Voucher Discrimination, Adam Mengler
Public Dollars, Private Discrimination: Protecting Lgbt Students From School Voucher Discrimination, Adam Mengler
Fordham Law Review
More than a dozen states operate school voucher programs, which allow parents to apply state tax dollars to their children’s private school tuition. Many schools that participate in voucher programs are affiliated with religions that disapprove of homosexuality. As such, voucher-accepting schools across the country have admissions policies that discriminate against LGBT students and students with LGBT parents. Little recourse exists for students who suffer discrimination at the hands of voucher-accepting schools. This Note considers two ways to provide protection from such discrimination for LGBT students and ultimately argues that the best route is for an LGBT student to bring …
If An Interpreter Mistranslates In A Courtroom And There Is No Recording, Does Anyone Care?: The Case For Protecting Lep Defendants’ Constitutional Rights, Lisa Santaniello
If An Interpreter Mistranslates In A Courtroom And There Is No Recording, Does Anyone Care?: The Case For Protecting Lep Defendants’ Constitutional Rights, Lisa Santaniello
Northwestern Journal of Law & Social Policy
No abstract provided.
Universal Representation, Lindsay Nash
Universal Representation, Lindsay Nash
Articles
In an era in which there is little good news for immigrant communities and even holding the line has become an ambitious goal, one progressive project has continued to gain steam: the movement to provide universal representation for noncitizens in removal proceedings. This effort, initially born out of a pilot project in New York City, has generated a host of replication projects throughout the nation and holds the promise of even broader expansion. But as it grows, this effort must confront challenges from within: the sort-of supporters who want to limit this representation system's coverage in a number of ways, …
Originalism And Congressional Power To Enforce The Fourteenth Amendment, Christopher W. Schmidt
Originalism And Congressional Power To Enforce The Fourteenth Amendment, Christopher W. Schmidt
Washington and Lee Law Review Online
In this Essay, I argue that originalism conflicts with the Supreme Court’s current jurisprudence defining the scope of Congress’ power to enforce the Fourteenth Amendment. Under the standard established in Boerne v. Flores, the Court limits congressional power under Section 5 of the Fourteenth Amendment to statutory remedies premised on judicially defined interpretations of Fourteenth Amendment rights. A commitment to originalism as a method of judicial constitutional interpretation challenges the premise of judicial interpretive supremacy in Section 5 jurisprudence in two ways. First, as a matter of history, an originalist reading of Section 5 provides support for broad judicial …
A New Voting Rights Act For A New Century: How Liberalizing The Voting Rights Act’S Bailout Provisions Can Help Pass The Voting Rights Advancement Act Of 2017, Mario Q. Fitzgerald
A New Voting Rights Act For A New Century: How Liberalizing The Voting Rights Act’S Bailout Provisions Can Help Pass The Voting Rights Advancement Act Of 2017, Mario Q. Fitzgerald
Brooklyn Law Review
The U.S. Supreme Court struck down the coverage formula of the Voting Rights Act (VRA) in Shelby County. v. Holder in 2013. Members of Congress have attempted to renew the VRA with an updated coverage formula through the Voting Rights Advancement Acts of 2015 and of 2017. Unfortunately, Congressional Republicans have not supported either bill. Even if passed in its current form, the Supreme Court is likely to strike down the Voting Rights Advancement Act of 2017 (VRAA) for violating the principle of “equal sovereignty between the States” as set forth by the Court in Shelby County. Therefore, this note …
The Equal Protection Doctrine In The Age Of Trump: The Example Of Unaccompanied Immigrant Children, Rebecca A. Delfino
The Equal Protection Doctrine In The Age Of Trump: The Example Of Unaccompanied Immigrant Children, Rebecca A. Delfino
Brooklyn Law Review
The Equal Protection Doctrine—the right of equals to equality—has taken on renewed relevance since the 2016 federal election cycle. The values of equality and due process, expressed in the Fifth and Fourteenth Amendments of the United States Constitution, are currently under siege. Laws and institutions central to the core functions of the federal government have been dismantled, repealed, or ignored. In this climate, legislative and executive regulatory solutions are not viable, and the traditional means to remedy inequities and discrimination may no longer work. The only way to protect the long-held democratic value of equality is to challenge the actions …
A Clear And Present Danger: The Need For Regulated Accountability For Online Service Providers To Preserve And Promote Free Speech, Notice, And Due Process, Benjamin H. Winters
A Clear And Present Danger: The Need For Regulated Accountability For Online Service Providers To Preserve And Promote Free Speech, Notice, And Due Process, Benjamin H. Winters
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Collateral Consequences And Criminal Justice: Future Policy And Constitutional Directions
Collateral Consequences And Criminal Justice: Future Policy And Constitutional Directions
Marquette Law Review
National policy with respect to collateral consequences is receiving more attention than it has in decades. This article outlines and explains some of the reasons for the new focus. The legal system is beginning to recognize that for many people convicted of crime, the greatest effect is not imprisonment, but being marked as a criminal and subjected to legal disabilities. Consequences can include loss of civil rights, loss of public benefits, and ineligibility for employment, licenses, and permits. The United States, the 50 states, and their agencies and subdivisions impose collateral consequences—often applicable for life—based on convictions from any jurisdiction. …
Section 5'S Forgotten Years: Congressional Power To Enforce The Fourteenth Amendment Before Katzenbach V. Morgan, Christopher W. Schmidt
Section 5'S Forgotten Years: Congressional Power To Enforce The Fourteenth Amendment Before Katzenbach V. Morgan, Christopher W. Schmidt
Northwestern University Law Review
Few decisions in American constitutional law have frustrated, inspired, and puzzled more than Katzenbach v. Morgan. Justice Brennan’s 1966 opinion put forth the seemingly radical claim that Congress—through its power, based in Section 5 of the Fourteenth Amendment, to “enforce, by appropriate legislation,” the rights enumerated in that Amendment—shared responsibility with the Court to define the meaning of Fourteenth Amendment rights. Although it spawned a cottage industry of scholarship, this claim has never been fully embraced by a subsequent Supreme Court majority, and in City of Boerne v. Flores, the Supreme Court rejected the heart of the Morgan …
Rethinking How Voters Challenge Gerrymandering: Congress, Courts, And State Constitutions, Megan Wilson
Rethinking How Voters Challenge Gerrymandering: Congress, Courts, And State Constitutions, Megan Wilson
Loyola of Los Angeles Law Review
No abstract provided.
Commitment Through Fear: Mandatory Jury Trials And Substantive Due Process Violations In The Civil Commitment Of Sex Offenders In Illinois, Michael Zolfo
Chicago-Kent Law Review
In Illinois, a person deemed a Sexually Violent Person (“SVP”) in a civil trial can be detained indefinitely in treatment facilities that functionally serve as prisons. SVPs are not afforded the right to waive a jury trial, a right that criminal defendants enjoy. This results in SVPs facing juries that treat sex offenders as monsters or sub-humans, due to often sensationalistic media coverage and the use of sex offenders as boogeymen in political campaigns. The lack of a jury trial waiver results in more individuals being deemed SVPs, depriving many of their liberty without the due process of law, a …
Teaching The Lochner Era, Barry Cushman
Teaching The Lochner Era, Barry Cushman
Journal Articles
This article, prepared for the St. Louis University Law Journal's issue on “Teaching the Fourteenth Amendment,” develops a taxonomy of the Supreme Court's economic substantive due process jurisprudence during the so-called “Lochner Era” of the late-19th and early-20th centuries, and offers an assessment of the trajectory and mechanisms of the decline of that body of doctrine.
Dignity And Second Amendment Enforcement—Response To William D. Araiza’S, Arming The Second Amendment And Enforcing The Fourteenth, Darrell A. H. Miller
Dignity And Second Amendment Enforcement—Response To William D. Araiza’S, Arming The Second Amendment And Enforcing The Fourteenth, Darrell A. H. Miller
Washington and Lee Law Review Online
William Araiza’s insightful article, Arming the Second Amendment, has one essential, hidden component: dignity. Dignity helps explain the peculiar hydraulics of Congress’s power to enforce section five of the Fourteenth Amendment—a jurisprudence in which the less scrutiny the Court itself applies to a given class or right, the more scrutiny it applies to congressional efforts to protect that same class or right. Dignity helps explain the Court’s halting approach to Reconstruction Amendment enforcement power more generally – an approach in which constitutional versus unconstitutional legislation turns on seemingly insignificant regulatory distinctions. And dignity’s role in § 5 enforcement helps explain …
The Global Person: Pig-Human Embryos, Personhood, And Precision Medicine, Yvonne Cripps
The Global Person: Pig-Human Embryos, Personhood, And Precision Medicine, Yvonne Cripps
Indiana Journal of Global Legal Studies
Chimeras, in the form of pig-human embryos engineered by CRISPR-Cas9 and other biotechnologies, have been created as potential sources of organs for transplantation. Against that background, and in an era of "precision medicine," this Article examines the concept of the global genetically modified person and asks whether humanness and personhood are being eroded, or finding new boundaries in intellectual property and constitutional law.
How To Improve The Debt Ceiling To Fit A Partisan Government: A Global Examination Of Which International Solutions Excel, Sarah Love
Indiana Journal of Global Legal Studies
This Note explores the changing role the debt ceiling has played within the United States and considers how that role should be altered moving forward. The debt ceiling's history and its political connections are discussed as a backdrop to how the United States might alter the debt ceiling to limit both future government shutdown and political gridlock. This Note examines both domestic and international solutions to the debt ceiling problem with an emphasis on the latter. In particular, the Note focuses on the possible international solution of adopting a system similar to Denmark's debt ceiling, or adopting a high debt-to- …
After All These Years, Lochner Was Not Crazy—It Was Good, Randy E. Barnett
After All These Years, Lochner Was Not Crazy—It Was Good, Randy E. Barnett
Georgetown Law Faculty Publications and Other Works
For this year’s Rosenkranz Debate, we have been asked to debate the question: Lochner v. New York: Still Crazy After All These Years? It is my job to defend the “negative” position. My burden is not to establish that Lochner was correctly decided, but merely that it was not “crazy.” I intend to meet that burden and exceed it. I intend to show how Lochner v. New York was not at all crazy; in fact, it was a reasonable and good decision.