The Last Common Law Justice: The Personal Jurisdiction Jurisprudence Of Justice John Paul Stevens,
2011
Touro Law Center
The Last Common Law Justice: The Personal Jurisdiction Jurisprudence Of Justice John Paul Stevens, Rodger D. Citron
Scholarly Works
No abstract provided.
The Death Of The Fourteenth Amendment: Castle Rock And Its Progeny,
2011
William & Mary Law School
The Death Of The Fourteenth Amendment: Castle Rock And Its Progeny, G. Kristian Miccio
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Tango Or More - From California's Lesson 9 To The Constitutionality Of A Gay-Friendly Curriculum In Public Elementary Schools,
2011
Boston College Law School
Tango Or More - From California's Lesson 9 To The Constitutionality Of A Gay-Friendly Curriculum In Public Elementary Schools, Amy Lai
Michigan Journal of Gender & Law
In August 2009, a group of parents in California filed a lawsuit, Balde v. Alameda Unified School District, in the Superior Court of California, County of Alameda. They alleged that the Alameda Unified School District refused them the right to excuse their children from a new curriculum, Lesson 9, that would teach public elementary school children about gay, lesbian, bisexual and transgender (GLBT) families. The proposed curriculum included short sessions about GLBT people, incorporated into more general lessons about family and health, once a year from kindergarten through fifth grade. Kindergarteners would learn the harms of teasing, while fifth graders …
Debate On Birthright Citizenship,
2011
Chapman University Fowler School of Law
Debate On Birthright Citizenship, John Eastman Dr., Ediberto Román
Faculty Publications
The following is the transcript from a debate between Dr. John Eastman and Professor Ediberto Roman, and moderated by Dean of the Florida International University College of Law, Alex Acosta. This debate took place on February 24-25, 2011 as a part of the FIU Law Review's Symposium on immigration reform in the United States. Specifically, this debate centers on the Fourteenth Amendment and birthright citizenship. Both Dr. Eastman and Professor Romdn were given ten minutes for their own remarks, beginning with Dr. Eastman. After the opening remarks, the debate goes into a brief back-and-forth between Dr. Eastman and Professor Roman …
Amending The Prison Litigation Reform Act: Imposing Financial Burdens On Prisoners Over Tax Payers, 44 J. Marshall L. Rev. 1061 (2011),
2011
UIC School of Law
Amending The Prison Litigation Reform Act: Imposing Financial Burdens On Prisoners Over Tax Payers, 44 J. Marshall L. Rev. 1061 (2011), Mallory Yontz
UIC Law Review
No abstract provided.
Zero Tolerance: A Proper Definition, 44 J. Marshall L. Rev. 1107 (2011),
2011
UIC School of Law
Zero Tolerance: A Proper Definition, 44 J. Marshall L. Rev. 1107 (2011), Peter Follenweider
UIC Law Review
No abstract provided.
The Constitutional Right Not To Participate In Abortions: Roe, Casey, And The Fourteenth Amendment Rights Of Healthcare Providers,
2011
The Catholic University of America, Columbus School of Law
The Constitutional Right Not To Participate In Abortions: Roe, Casey, And The Fourteenth Amendment Rights Of Healthcare Providers, Mark L. Rienzi
Scholarly Articles
The Fourteenth Amendment rights of various parties in the abortion context – the pregnant woman, the fetus, the fetus’ father, the state – have been discussed at length by commentators and the courts. Surprisingly, the Fourteenth Amendment rights of the healthcare provider asked to provide the abortion have not. Roe and Casey establish a pregnant woman’s Fourteenth Amendment right to decide for herself whether to have an abortion. Do those same precedents also protect her doctor’s right to decide whether to participate in abortion procedures?
The Court’s substantive due process analysis typically looks for rights that are “deeply rooted” in …
Regulating Morality Through The Common Law And Exclusionary Zoning,
2011
The Catholic University of America, Columbus School of Law
Regulating Morality Through The Common Law And Exclusionary Zoning, George P. Smith Ii, Gregory P. Bailey
Scholarly Articles
The extent to which a free society seeks to regulate sexual expression is problematic. What was defined as immoral or contra bonos mores in the 20th century, has become less of an issue in today’s liberal society. Freedom of sexual intimacy and expression are, to be sure, 1st Amendment and 14th Amendment rights. But, with every assertion of a fundamental right or liberty must come a concomitant understanding that there is a co-ordinate responsibility to exercise that right reasonably. Determining the reasonableness of any conduct grounded in these two amendments must be fact sensitive and guided by community standards. Broad, …
The Thirteenth Amendment, Interest Convergence, And The Badges And Incidents Of Slavery,
2011
University of Maryland Francis King Carey School of Law
The Thirteenth Amendment, Interest Convergence, And The Badges And Incidents Of Slavery, William M. Carter Jr.
Maryland Law Review
No abstract provided.
What’S Different About The Thirteenth Amendment, And Why Does It Matter?,
2011
University of Maryland Francis King Carey School of Law
What’S Different About The Thirteenth Amendment, And Why Does It Matter?, James Gray Pope
Maryland Law Review
No abstract provided.
The Thirteenth Amendment And The Meaning Of Familial Bonds,
2011
University of Maryland Francis King Carey School of Law
The Thirteenth Amendment And The Meaning Of Familial Bonds, Julie Novkov
Maryland Law Review
No abstract provided.
Conclusion: The Political Thirteenth Amendment,
2011
University of Maryland Francis King Carey School of Law
Conclusion: The Political Thirteenth Amendment, Rebecca E. Zietlow
Maryland Law Review
No abstract provided.
The Right To Refuse: Should Prison Inmates Be Allowed To Discontinue Treatment For Incurable, Noncommunicable Medical Conditions?,
2011
University of Maryland Francis King Carey School of Law
The Right To Refuse: Should Prison Inmates Be Allowed To Discontinue Treatment For Incurable, Noncommunicable Medical Conditions?, Daniel R. H. Mendelsohn
Maryland Law Review
No abstract provided.
Ricci V. Destefano And Disparate Treatment: How The Case Makes Title Vii And The Equal Protection Clause Unworkable, 39 Cap. U. L. Rev. 1 (2011),
2011
John Marshall Law School
Ricci V. Destefano And Disparate Treatment: How The Case Makes Title Vii And The Equal Protection Clause Unworkable, 39 Cap. U. L. Rev. 1 (2011), Allen R. Kamp
UIC Law Open Access Faculty Scholarship
No abstract provided.
When The Evil Day Comes, Will Title Vii's Disparate Impact Provision Be Narrowly Tailored To Survive An Equal Protection Clause Challenge,
2011
University of Oklahoma College of Law
When The Evil Day Comes, Will Title Vii's Disparate Impact Provision Be Narrowly Tailored To Survive An Equal Protection Clause Challenge, Eang Ngov
Faculty Articles
"The road to hell is paved with good intentions." Employers must be careful about the intentional and unintentional effect of their employment practices, even when acting with good motive. Title VII’s disparate impact provision holds employers liable for employment practices that cause an adverse impact on racial groups, even when the employment practice applies equally to all groups and was not implemented to disadvantage a particular group. A prima facie case of disparate impact can arise solely based on numbers - a comparison between the rate at which one racial group passes a test or is selected for hiring or …
Corporate Prerogative, Race, And Identity Under The Fourteenth Amendment,
2011
Ohio State University
Corporate Prerogative, Race, And Identity Under The Fourteenth Amendment, John A. Powell, Caitlin Watt
Cardozo Law Review
No abstract provided.
Will We Finally See Courtroom Debate?,
2011
New York Law School
Will We Finally See Courtroom Debate?, Arthur S. Leonard
Other Publications
No abstract provided.
Reaction To: Wealth, Poverty, And The Equal Protection Clause,
2011
Florida A & M University College of Law
Reaction To: Wealth, Poverty, And The Equal Protection Clause, Patricia A. Broussard
Journal Publications
No abstract provided.
Buck V. Bell: A Constitutional Tragedy From A Lost World,
2011
Georgetown Law Center
Buck V. Bell: A Constitutional Tragedy From A Lost World, Victoria Nourse
Georgetown Law Faculty Publications and Other Works
Some constitutional tragedies are well known: Plessy v. Ferguson and Korematsu v. United States are taught to every first-year law student. Buck v. Bell is not. Decided in 1927 by the Taft Court, the case is known for its shocking remedy--sterilization--and Justice Holmes's dramatic rhetoric: "Three generations of imbeciles are enough." A mere five paragraphs long, Buck v. Bell could represent the highest ratio of injustice per word ever signed on to by eight Supreme Court Justices, progressive and conservative alike.
Buck v. Bell is not a tragedy as some others might define tragedy: it is not a well-known opinion, …
Putting Rationality Back Into The Rational Basis Test: Saving Substantive Due Process And Redeeming The Promise Of The Ninth Amendment,
2011
Washburn University School of Law
Putting Rationality Back Into The Rational Basis Test: Saving Substantive Due Process And Redeeming The Promise Of The Ninth Amendment, Jeffrey D. Jackson
University of Richmond Law Review
This article argues for the adoption of a strengthened rational basis test that would allow courts to scrutinize the actual purpose behind legislation and demand that the legislation actually be reasonably related to its valid legislative purpose. Part II looks at the question of why it is desirable to save substantive due process rather than replace it with some other doctrine. Part III examines how substantive due process came to be the dominant form of protection for unenumerated rights, and how it has evolved from its antecedents in English law to the current test. It concludes that substantive due process …
