Fourteenth Amendment Commons^™

The State-Created Danger Doctrine, Erwin Chemerinsky

Touro Law Review

No abstract provided.

Surrogate's Court, Broome County, In Re Guardian Of Derek, Barry M. Frankenstein

Touro Law Review

No abstract provided.

Court Of Appeals Of New York, Hernandez V. Robles, Gennaro Savastano

Touro Law Review

No abstract provided.

Appellate Division, Fourth Department, People V. Mcfarley, Erica R. Borgese

Touro Law Review

No abstract provided.

Court Of Appeals Of New York, People V. Moore, Gennaro Savastano

Touro Law Review

No abstract provided.

Abortion Rights, Michael C. Dorf

Touro Law Review

No abstract provided.

Criminal Procedure Decisions From The October 2006 Term, Susan N. Herman

Touro Law Review

No abstract provided.

Abortion And The Constitutional Right (Not) To Procreate, Mary Ziegler

Scholarly Publications

With the growing use of assisted reproductive technology (“ART”), courts have to reconcile competing rights to seek and avoid procreation. Often, in imagining the boundaries of these rights, judges turn to abortion jurisprudence for guidance.

This move sparks controversy. On the one hand, abortion case law may provide the strongest constitutional foundation for scholars and advocates seeking rights to access ART or avoid un-wanted parenthood. On the other hand, abortion jurisprudence carries normative and political baggage: a privacy framework that disadvantages poor women and a history of intense polarization.

This article uses the legal history of struggle over spousal consent …

Parental Exclusion From The Education Governance Kaleidoscope: Providing A Political Voice For Marginalized Students In Our Time Of Disruption, Tiffani N. Darden

William & Mary Bill of Rights Journal

This Article develops how the judiciary should play an instrumental part in amplifying the parent’s voice as a citizenship broker for their child. The Supreme Court scrutinizes school-board actions with little consideration of parents’ substantive due process right to control their child’s education through the political process. Through representative school boards, effective participation models, and an enforcement framework, parents could hold the power to affect education policies. Parents deserve full citizenship recognition in the tiered processes controlling public education policy. In addition to recognizing “quality” education as a government interest, the Supreme Court should also take into account the political …

Constitutional Venue, Peter L. Markowitz, Lindsay C. Nash

Articles

A foundational concept of American jurisprudence is the principle that it is unfair to allow litigants to be haled into far away tribunals when the litigants and the litigation have little or nothing to do with the location of such courts. Historically, both personal jurisdiction and venue each served this purpose in related, but distinct ways. Personal jurisdiction is, at base, a limit on the authority of the sovereign. Venue, in contrast, aims to protect parties from being forced to litigate in a location where they would be unfairly disadvantaged. The constitutional boundaries of these early principles came to be …

Recent Developments In The Use Of Excessive Force By Law Enforcement, Karen M. Blum, Jack Ryan

Touro Law Review

No abstract provided.

The Fifth Circuit Buries Intrastate Economic Protectionism In St. Joseph Abbey V. Castille, Antonios Roustopoulos

Villanova Law Review (1956 - )

No abstract provided.

Truth Stories: Credibility Determinations At The Illinois Torture Inquiry And Relief Commission, 45 Loy. U. Chi. L.J. 1085 (2014), Kim D. Chanbonpin

UIC Law Open Access Faculty Scholarship

This is the first scholarly Article to investigate the inner workings of the Illinois Torture Inquiry and Relief Commission (“TIRC”). The TIRC was established by statute in 2009 to provide legal redress for victims of police torture. Prisoners who claim that their convictions were based on confessions coerced by police torture can utilize the procedures available at the TIRC to obtain judicial review of their cases. For those who have exhausted all appeals and post-conviction remedies, the TIRC represents the tantalizing promise of justice long denied. To be eligible for relief, however, the claimant must first meet the TIRC’s strict …

Futility Of Exhaustion: Why Brady Claims Should Trump Federal Exhaustion Requirements, Tiffany R. Murphy

University of Michigan Journal of Law Reform

A defendant’s Fourteenth Amendment due process rights are violated when a state agency fails to disclose crucial exculpatory or impeachment evidence — so-called Brady violations. When this happens, the defendant should be provided the means not only to locate this evidence, but also to fully develop it in state post-conviction processes. When the state system prohibits both the means and legal mechanism to develop Brady claims, the defendant should be immune to any procedural penalties in either state or federal court. In other words, the defendant should not be required to return to state court to exhaust such a claim. …

Prisoners And Habeas Privileges Under The Fourteenth Amendment, Lee Kovarsky

Vanderbilt Law Review

The U.S. Reports contain no answer to a million-dollar question: are state prisoners constitutionally entitled to a federal habeas forum? The Supreme Court has consistently ducked the basic constitutional issue, and academic work on the question idles on familiar themes. The strongest existing argument that state prisoners are constitutionally entitled to a federal habeas forum involves a theory of incorporation under the Fourteenth Amendment's Due Process Clause. I provide a new and different account: specifically, that the Fourteenth Amendment's Privileges and Immunities Clause ("PI Clause") guarantees a habeas privilege as a feature of national citizenship, and that the corresponding habeas …

Evaluating Candidacy Restrictions: The Implications Of New York's Modified Approach, Brian Hodgkinson

Touro Law Review

No abstract provided.

You Have The Right To Be Free From Unwanted Bodily Intrusion--Unless Of Course There Is A Court Order, Tara Laterza

Touro Law Review

No abstract provided.

Don't Feed The Deer: Misapplications Of Statutory Vagueness And The First Amendment Overbreadth Doctrine, Brian Hodgkinson

Touro Law Review

No abstract provided.

Richard Ortega, Plaintiff-Appellant, V. United States Immigration And Customs Enforcement, Et Al., Defendants-Appellants: Petition For A Writ Of Certiorari, Patricia E. Roberts, Tillman J. Breckenridge, Thomas W. Ports Jr.

Appellate and Supreme Court Clinic

No abstract provided.

Associations And The Constitution: Four Questions About Four Freedoms, Nelson Tebbe

Faculty Scholarship

No abstract provided.