Fourteenth Amendment Commons^™

The Past And Future Of Deinstitutionalization Litigation, Samuel R. Bagenstos

Law & Economics Working Papers

Two conflicting stories have consumed the academic debate regarding the impact of deinstitutionalization litigation. The first, which has risen almost to the level of conventional wisdom, is that deinstitutionalization was a disaster. The second story does not deny that the results of deinstitutionalization have in many cases been disappointing. But it challenges the suggestion that deinstitutionalization has uniformly been unsuccessful, as well as the causal link critics seek to draw with the growth of the homeless population. This dispute is not simply a matter of historical interest. The Supreme Court’s 1999 decision in Olmstead v. L.C., which held that unjustified …

Timeline Of African-American Legal History In Nevada (1861-2011), Rachel J. Anderson

Scholarly Works

For the first time in Nevada history, this timeline depicts selected events in the history of African-American lawyers, civil rights, and diversity in Nevada's bar and bench. It includes many historically significant pictures and is part of a special Black History Month issue of the Nevada Lawyer, the official publication of the State Bar of Nevada. That issue highlights the achievements and contributions of African-American lawyers in Nevada in honor of the 51st anniversary of the first African American (Charles L. Kellar) passing the Nevada state bar examination, the 48th anniversary of the first two African Americans admitted to the …

Preserving The Past In The Present For The Future: Las Vegas Chapter Of The National Bar Association Archive At The Wiener-Rogers Law Library, Jeanne Price, Rachel J. Anderson

Scholarly Works

This co-authored article documents the establishment of the Las Vegas Chapter of the National Bar Association (LVNBA) Archive in 2011 at the Wiener-Rogers Law Library at the University of Nevada, Las Vegas, William S. Boyd School of Law, which may be the first of its kind in the nation. The LVNBA archive was established in cooperation with the LVNBA, the local affiliate of the National Bar Association, which is the nation’s oldest minority bar and largest national association of over 44,000 predominately African-American lawyers, judges, professors, and law students. Materials donated by the LVNBA and its members document the role …

Exile Without Process: The New York City Housing Authority's Unconstitutional Trespass Notice Program, Lauren J. Zimmerman

Cardozo Law Review

No abstract provided.

Marriage In California: Is The Federal Lawsuit Against Proposition 8 About Applying The Fourteenth Amendment Or Preserving Federalism? , Charles M. Cannizzaro

Pepperdine Law Review

No abstract provided.

The Structural Constitutional Principle Of Republican Legitimacy, Mark D. Rosen

All Faculty Scholarship

Representative democracy does not spontaneously occur by citizens gathering to choose laws. Instead, republicanism takes place within an extensive legal framework that determines who gets to vote, how campaigns are conducted, what conditions must be met for representatives to make valid law, and many other things. Many of the “rules-of-the-road” that operationalize republicanism have been subject to constitutional challenges in recent decades. For example, lawsuits have been brought against “partisan gerrymandering” (which has led to most congressional districts not being party-competitive, but instead being safely Republican or Democratic) and against onerous voter identification requirements (which reduce the voting rates of …

Subtraction By Addition?: The Thirteenth And Fourteenth Amendments, Mark A. Graber

Faculty Scholarship

The celebration of the Thirteenth Amendment in many Essays prepared for this Symposium may be premature. That the Thirteenth Amendment arguably protects a different and, perhaps, wider array of rights than the Fourteenth Amendment may be less important than the less controversial claim that the Fourteenth Amendment was ratified after the Thirteenth Amendment. If the Fourteenth Amendment covers similar ground as the Thirteenth Amendment, but protects a narrower set of rights than the Thirteenth Amendment, then the proper inference may be that the Fourteenth Amendment repealed or modified crucial rights originally protected by the Thirteenth Amendment. The broad interpretation of …

Liberty Over Death: Seeking Due Process Dimensions For Freedom Of Contract, Michael Pillow

Florida A & M University Law Review

No abstract provided.

History Of De Jure Segregation In Public Higher Education In America And The State Of Maryland Prior To 1954 And The Equalization Strategy, John K. Pierre

Florida A & M University Law Review

No abstract provided.

Free Speech For Judges And Due Process For Litigants: The Elimination Of First And Fourteenth Amendment Mutual Exclusivity In Siefert V. Alexander, 46 J. Marshall L. Rev. 333 (2012), Margaret Mares

UIC Law Review

No abstract provided.

Civil Marriage: Threat To Democracy, Jessica Knouse

Michigan Journal of Gender & Law

This Article argues that civil marriage and democracy are inherently incompatible, whether assessed from a transcultural perspective that reduces them to their most universal aspects or a culturally situated perspective that accounts for their uniquely American elaborations. Across virtually all cultures, civil marriage privileges sexual partners by offering them exclusive access to highly desirable government benefits, while democracy presupposes liberty and equality. When governments privilege sexual partners, they effectively deprive their citizens of liberty by encouraging them to enter sexual partnerships rather than selfdetermining based on their own preferences; they effectively deprive their citizens of equality by establishing insidious status …

No Contact Parole Restrictions: Unconstitutional And Counterproductive, Sharon Brett

Michigan Journal of Gender & Law

Although what Jesse Timmendequas did was abhorrent, the legislation enacted in the wake of his crime went far beyond making sure we know the pedophiles or pedophile-murderers living in our neighborhoods. Megan's name now lends itself to a host of state laws requiring the state to notify neighbors when a sex offender moves into the neighborhood. The term "sex offender" is intentionally broad, covering everyone from voyeurs and exhibitionists to rapists and child molesters. Yet, Megan's Laws treat them the same way, ignoring some crucial questions: Are all sex offenders alike? Are they all monsters? In reality, the majority of …

Sexing Harris: The Law And Politics Of Defunding Planned Parenthood, Mary Ziegler

Scholarly Publications

The movement to defund Planned Parenthood has opened a new front in the abortion wars. At the state and national level, anti-abortion organizations have campaigned successfully for new legal limitations on Medicaid or Title X reimbursement for Planned Parenthood. Significantly, legal restrictions reach not only abortion but also other services like contraception and cancer screenings. North Carolina, Wisconsin, and Indiana are among the states to have introduced such bans, and the U.S. House of Representatives approved one before the proposal died in the Senate in April 2011.

At first, the novelty of the movement seems to lie in its open …

The Birthright Citizenship Controversy: A Study Of Conservative Substance And Rhetoric, 18 Tex. Hisp. J. L. & Pol'y 49 (2012), Allen R. Kamp

UIC Law Open Access Faculty Scholarship

This essay is a critique of the conservative rhetoric used in attack of birthright citizenship--as granted by Clause One of the Fourteenth Amendment, which states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.” The rhetoric of that attack violates the traditional canons of conservative argumentation and interpretation, such as original intent and textualism. As such, conservatives' arguments call into question the seriousness of their allegiance to these canons.

This article will not discuss the pros and cons of what we …

Confronting Coventurers: Coconspirator Hearsay, Sir Walter Raleigh, And The Sixth Amendment Confrontation Clause, Ben L. Trachtenberg

Faculty Publications

Using the example of a recent major terrorism prosecution, this article addresses “coventurer hearsay” in the context of the ongoing Confrontation Clause debate concerning the United States Supreme Court’s decision in Crawford v. Washington. Courts have recently begun admitting hearsay evidence pursuant to a revisionist interpretation of the coconspirator statement exception to the hearsay rule. Under the new “lawful joint venture” theory, a hearsay statement may be admitted as a coconspirator statement if made in furtherance of a “joint undertaking” - defined as pretty much any cooperative activity - even if the “conspiracy” is not illegal. Because this new interpretation …

Achieving Fundamental Fairness For Oklahoma's Juveniles: The Role For Competency In Juvenile Proceedings, Mary Sue Backus

Oklahoma Law Review

No abstract provided.

Superheroes, Bandits, And Cyber-Nerds: Exploring The History And Contemporary Development Of The Vigilante, Stephanie Juliano

Scholarly Works

This article will first discuss what defines a vigilante, the history of vigilantes, and the contemporary vigilante's effect on the legal system as a whole. Also, this article will focus on those scenarios that bring an ordinary person to react in an illegal way to a perceived injustice. In focusing on these scenarios, this article will examine a little more closely the answers of deeper questions about the nature of law and justice, and their roles in the accelerating world of new media.

Florida's Disregard Of Due Process Rights For Nearly A Decade: Treating Drug Possession As A Strict Liability Crime, Rachel A. Lyons

St. Thomas Law Review

This Article examines the United States Supreme Court's jurisprudence that constitutionally compels an analysis under the Due Process Clause for strict liability crimes, and how the Florida Legislature overstepped its due process limitations when it amended Florida's Drug Abuse Prevention and Control Law in 2002. Part I traces the evolution of mens rea in the criminal justice system. Part II provides a history of Florida's Drug Abuse Prevention and Control Law. Part III discusses the recent constitutional challenges to Florida's Drug Abuse Prevention and Control Law. Part IV explains why the United States Supreme Court cases addressing strict liability crimes …

Shelby County V. Holder And The Voting Rights Act: Getting The Right Answer With The Wrong Standard, Michael James Burns

Catholic University Law Review

No abstract provided.

The Federal Judicial Vacancy Crisis: Origins And Solutions, Ryan Shaffer

CMC Senior Theses

This paper examines the causes of the rise in vacancies on the federal courts in recent decades. Under President Barack Obama, the number of vacancies on the federal courts has sharply jumped. This is due to firm opposition by Senate Republicans, who have used the various procedural tools of that body to make it difficult for nominees to get confirmation. This antagonism is the result of a shift in how the parties view the courts and their role in the American political process. The Warren Court's expansion of substantive due process rights increased the Court's powers to the chagrin of …