Economic Discrimination; Denial Of Social Security Benefits Premised On Gender-Based Classification Is Unconstitutional; Violates Equal Protection; Weinberger V. Wiesenfeld,
2015
The University of Akron
Economic Discrimination; Denial Of Social Security Benefits Premised On Gender-Based Classification Is Unconstitutional; Violates Equal Protection; Weinberger V. Wiesenfeld, Janice M. Ahern
Akron Law Review
After his wife's death, Wiesenfeld applied for social security survivor benefits for himself and his infant son. While he was able to obtain benefits for his son under 42 U.S.C. Section 402(d), he was denied benefits under Section 402(g) because those benefits were available only to widows and surviving divorced mothers. When his application was denied, Wiesenfeld brought suit in federal district court to obtain declaratory and injunctive relief,' contending that the gender-based classification of 42 U.S.C. Section 402(g) violated equal protection as found within the due process clause of the fifth amendment.' A three-judge district court panel granted relief …
Abortion; Parental Consent; Minors' Rights To Due Process, Equal Protection And Privacy; State V. Koome,
2015
The University of Akron
Abortion; Parental Consent; Minors' Rights To Due Process, Equal Protection And Privacy; State V. Koome, Barbara Child
Akron Law Review
The Washington court had before it a physician appealing his conviction for performing an abortion on an unmarried 16-year-old woman, a ward of the King County Juvenile Court, which had given its consent to the abortion. However, the young woman's parents and the Catholic Children's Services, her temporary guardian, both opposed the abortion and were granted a stay of the abortion order pending review by the state supreme court. During the stay, Dr. Koome performed the abortion. The supreme court held that the Washington consent statute "too broadly encumbers the right of unmarried minor women to choose to terminate pregnancy, …
The Hohfeldian Approach To Constitutional Cases,
2015
The University of Akron
The Hohfeldian Approach To Constitutional Cases, H. Newcomb Morse
Akron Law Review
INFERRED, OR AT THE MOST rebuttably presumed, is a slight acquaintanceship on the part of the reader with the work on jural opposites and jural correlatives by Professor W. Newcomb Hohfeld. The Founding Fathers, as though anticipating the coming of the Messianic logician, used all of the four Hohfeldian gravamen terms-rights, privileges, powers and immunities-in the Constitution of the United States,' and for this reason the author perceives a nexus between Hohfeldian logic and constitutional construction. The appropriate initial touchstone for contemporary use of this theory could appear to be the 1968 case of Flast v. Cohen, considering Mr. Justice …
Separation Of Powers; Bill Of Attainder; Presidential Papers; Chief Executive's Right To Privacy; Nixon V. Administrator Of General Services,
2015
The University of Akron
Separation Of Powers; Bill Of Attainder; Presidential Papers; Chief Executive's Right To Privacy; Nixon V. Administrator Of General Services, Patricia L. Spencer
Akron Law Review
In addressing itself to the constitutionality of the "Presidential Recording and Materials Preservation Act," the United States Supreme Court in Nixon v. Administrator of General Services (Nixon II) ruled for the first time on the permissible extent of congressional authority to regulate the disposition of official records and papers of a former chief executive. By its action, the Court undertook to reverse two hundred years of practice by past presidents.
Corporal Punishment In Schools; Due Process; Cruel And Unusual Punishment; Ingraham V. Wright,
2015
The University of Akron
Corporal Punishment In Schools; Due Process; Cruel And Unusual Punishment; Ingraham V. Wright, Mary W. Altier
Akron Law Review
Corporal punishment as a means of disciplining school children has been used in this country since colonial days. There have been various constitutional attacks on the practice of inflicting corporal punishment, with varying results, and the issue was finally brought before the Supreme Court in Ingraham v. Wright. The Court decided on April 19, 1977 that the Cruel and Unusual Punishment Clause of the eighth amendment does not apply to disciplinary corporal punishment in public schools and that the Due Process Clause of the fourteenth amendment does not require notice and hearing prior to imposition of corporal punishment, as …
State Funding Of Nontherapeutic Abortions; Medicaid Plans; Equal Protection; Right To Choose An Abortion; Beal V. Doe, Maher V. Roe, Poelker V. Doe,
2015
The University of Akron
State Funding Of Nontherapeutic Abortions; Medicaid Plans; Equal Protection; Right To Choose An Abortion; Beal V. Doe, Maher V. Roe, Poelker V. Doe, Constance Leistiko
Akron Law Review
In Beal v. Doe the United States Supreme Court held that Title XIX of the Social Security Act permits but does not require states participating in the Medicaid program established by that Act to fund nontherapeutic abortions. In the companion cases of Maher v. Roe and Poelker v. Doe, the same majority held in Maher that the Equal Protection Clause does not require a state that funds childbirth and therapeutic abortions to also fund the costs of nontherapeutic abortions, and in Poelker, that the Constitution does not prohibit a state or city from forbidding the performance of elective …
A Jurisprudence Of Equality: The Fourteenth Amendment And School Desegregation,
2015
The University of Akron
A Jurisprudence Of Equality: The Fourteenth Amendment And School Desegregation, Stewart Graham
Akron Law Review
This paper will deal with the meaning of equality in legal discourse and the social context which underlies that meaning.
The Control Of Seditious Libel As A Basis For The Development Of The Law Of Obscenity,
2015
The University of Akron
The Control Of Seditious Libel As A Basis For The Development Of The Law Of Obscenity, Ronald W. Eades
Akron Law Review
In the United States there are government controls of at least two types of press, seditious libel and obscenity. Even though the first amendment protects speech and press, libels against the government and obscenity have not been given free reign, and have been consistently controlled. Although the conflicts over seditious libel aided the development of current standards of freedom of the press, the controls of obscenity have not yet completed that development and are inconsistent with those first amendment standards.
Who Should Be Afforded More Protection In Voting – The People Or The States? The States, According To The Supreme Court In Shelby County V. Holder,
2015
Touro University Jacob D. Fuchsberg Law Center
Who Should Be Afforded More Protection In Voting – The People Or The States? The States, According To The Supreme Court In Shelby County V. Holder, Tara M. Darling
Touro Law Review
No abstract provided.
Searching Inquiry Requirement In Civil Commitment Proceedings Of Sex Offenders,
2015
Touro University Jacob D. Fuchsberg Law Center
Searching Inquiry Requirement In Civil Commitment Proceedings Of Sex Offenders, Arsalan Ali Memon
Touro Law Review
No abstract provided.
Fools Rush In Where Lawyers Would Better Tread: The Right To Self-Representation And Related Standards Of Competency,
2015
Touro University Jacob D. Fuchsberg Law Center
Fools Rush In Where Lawyers Would Better Tread: The Right To Self-Representation And Related Standards Of Competency, Julia M. Capie
Touro Law Review
No abstract provided.
I'M In The Pursuit Of Your Property: How The Government Disguises A Taking,
2015
Touro University Jacob D. Fuchsberg Law Center
I'M In The Pursuit Of Your Property: How The Government Disguises A Taking, Amanda Miller
Touro Law Review
No abstract provided.
When Does Force Become Excessive?,
2015
Touro University Jacob D. Fuchsberg Law Center
When Does Force Become Excessive?, Taryn Prusinski
Touro Law Review
No abstract provided.
Administrative Inspections: The Loophole In The Fourth Amendment,
2015
Touro University Jacob D. Fuchsberg Law Center
Administrative Inspections: The Loophole In The Fourth Amendment, Ryan Nasim
Touro Law Review
No abstract provided.
Pot In My Backyard: Curtilage Concept Endorsed By The Queens Supreme Court To Suppress Physical Evidence Of Marijuana,
2015
Touro University Jacob D. Fuchsberg Law Center
Pot In My Backyard: Curtilage Concept Endorsed By The Queens Supreme Court To Suppress Physical Evidence Of Marijuana, Laura J. Mulholland
Touro Law Review
No abstract provided.
Fourth Amendment Right To Privacy: When Is It Reasonable To Search A Minor?,
2015
Touro University Jacob D. Fuchsberg Law Center
Fourth Amendment Right To Privacy: When Is It Reasonable To Search A Minor?, Ashley Moruzzi
Touro Law Review
No abstract provided.
Fourth Amendment Inquiries: When Officers Are Not Justified To Approach A Vehicle,
2015
Touro University Jacob D. Fuchsberg Law Center
Fourth Amendment Inquiries: When Officers Are Not Justified To Approach A Vehicle, Jeremy M. Miller
Touro Law Review
No abstract provided.
A “Workplace Exception”: Exploring The Legal Loophole That Allows For Warrantless Gps Tracking Of Government Employees’ Personal Vehicles,
2015
Touro University Jacob D. Fuchsberg Law Center
A “Workplace Exception”: Exploring The Legal Loophole That Allows For Warrantless Gps Tracking Of Government Employees’ Personal Vehicles, Antonia J. Broughton
Touro Law Review
No abstract provided.
Analyzing Second Amendment Challenges: Getting Strict With Judges,
2015
Touro University Jacob D. Fuchsberg Law Center
Analyzing Second Amendment Challenges: Getting Strict With Judges, Lauren Dwarika
Touro Law Review
No abstract provided.
Table Of Contents,
2015
Touro University Jacob D. Fuchsberg Law Center
