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Showing 1 to 20 of 23 for “"Fourteenth Amendment"”.
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The Development of The Concept of Liberty in The Fourteenth Amendment
Made available in DSpace on 2014-12-05T17:25:56Z (GMT). No. of bitstreams: 1 0015239.pdf: 21383874 bytes, checksum: a7728b9edfb3a845db5d9ac309e1f973 (MD5) Previous issue date: 1955
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Judicial rhetoric and radical politics: sexuality, race, and the fourteenth amendment
… and Radical Politics: Sexuality, Race, and the Fourteenth Amendment” takes up U.S. judicial opinions as performances of sovereignty over the boundaries of legitimate subjectivity. The argumentative choices jurists make in producing judicial opinion delimit the grounds upon which persons and …
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Undocumented migration, the fourteenth amendment and the enduring battle over who counts
<p>Decolonisation, the end of the Cold War, the break-up of the Soviet Union, the violent dismantling of Yugoslavia, and the formation of the European Union are all events that represent the shifting relationship between states and people and between states themselves. The changing structure of …
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The First, Fifth, and Fourteenth Amendment rights to access equal information in America's public schools
… schools violates students’ First, Fifth, and Fourteenth Amendment rights and adversely affects our children for a lifetime.
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From slavery to equal protection: the misinterpretation of the fourteenth amendment and its lasting effects on American society
Written by the Reconstruction Congress, the Fourteenth Amendment was created with the attempts, in some historical interpretations, of providing humane and equal protection rights to newly freed persons. However, other interpretations of the context in the Fourteenth Amendment oppose the goal of …
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Constitutional Right to Same-Sex Marriage
… scrutiny with the Due Process Clause of the Fourteenth Amendment, strict scrutiny with the Equal Protection Clause of the Fourteenth Amendment, or rational basis with Susan Rush's ill motives exception. The statutes against samesex marriage do not survive any level of scrutiny established by …
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Claybrook v. Owensboro: Equality, Integration, and Struggle
… to equal educational funding under the Fourteenth Amendment. The definition of the Fourteenth Amendment's equal protection clause was vague and left blacks with little guidance about their new found constitutional rights. By analyzing the case along with legal, educational, and local …
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Lincoln: Reformer or Revolutionary? An Analysis of Lincoln's Legacy as Compared to the Political Ideals of the Amerian Revolution
… freedom for all American citizens with that amendment epitomize one of the firmest movements forward in American civil rights history. His successors' efforts to do the same for the right to equality fell short of that success. Although noble in purpose, the Fourteenth Amendment failed to …
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An Evolving Standard of Decency: Examining the American Juvenile Justice System and the Constitutionality of Youth Incarceration
… unusual punishment in violation of the Eighth Amendment?, and 2) Does the stark racial disparity among America’s incarcerated youth reflect intrinsic structural features of the juvenile justice system that are inconsistent with the Equal Protection Clause of the Fourteenth Amendment? Relying on …
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Physician-assisted suicide: The courts leave it to the states
… Process nor the Equal Protection Clauses of the Fourteenth Amendment. The Court overturned decisions from the Second and Ninth Circuit Courts of Appeal. The Court stated these decisions do not prevent a state from enacting legislation approving assisted suicide, but there is no protection of such …
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Constitutional privacy: The evolution of a doctrine
… defense of such freedoms have been regarded as Fourteenth Amendment due process guarantees to life, liberty, and property. In Griswold v. Connecticut, the Supreme Court ruled that proscribing the use of contraceptives to married couples was unduly burdensome. Judicial acknowledgment of the right …
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Charter schools as state actors: are they truly public schools?
… that protection to the states through the Fourteenth Amendment. That amendment is what incorporates much of the Bill of Rights and prohibits deprivation of those rights by state action. As charter schools become a larger employer of teachers the question arises whether these schools are …
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The authority of the NCAA and its member institutions over student athletes
… under the Americans with Disabilities Act, First Amendment, Fourteenth Amendment, and Title VI. The courts have ruled that the NCAA is not considered a state actor because it is a private institution set up to protect amateurism and the education of student athletes. As a result, the NCAA is …
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Resegregation: a case study of the failure of the color blind ideal in K-12 schooling policy
… undergirding the received reading of the Fourteenth Amendment to adopt more color conscious policies sensitive to the damaging effects Black students now experience through policies that unintentionally or intentionally produce racially isolated schools.
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Participating as amicus curiae in exclusionary zoning litigation : developing the court's understanding of the principles of environmental justice
… of the Equal Protection Clause of the Fourteenth Amendment to the Constitution difficult to prove, and encouragement in the use of amicus briefs, this thesis describes the potential advantages to participating as amici by environmental justice activists. An analysis of four exclusionary …
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R-0: Race, Sexuality and Single-Family Zoning in Denver's Park Hill and Capitol Hill Neighborhoods, 1956-1989
… commune who unsuccessfully sued the city on Fourteenth Amendment grounds after it was forced out of its house. Capitol Hill was (and is) a dense neighborhood of apartment buildings and renters close to downtown. People in surrounding neighborhoods used R-0 zoning first to keep multi-family …
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The constitutional rights and responsibilities of students and academic personnel in public community colleges as determined by federal and state court decisions
… college campuses. Chapter two covers the First Amendment rights of academic personnel: academic freedom, loyalty oaths, political activity, classroom activities. It explains that the United States Supreme Court cases of Keyishian, Pickering and Epperson are clear indications that state-employed …
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Federalism And The No Child Left Behind Act : An Analysis Using Constitutional Systems And Adaptive Work Frameworks
… Guarantee Clause of the Constitution, the Tenth Amendment and its intersection with the Spending Clause, the Fourteenth Amendment, and the Eleventh Amendment. The historical context of each constitutional component was examined and presented in the belief that text without context fails to …
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Clarification of management rights in regard to student suspension, expulsion, and exclusion in the state of Indiana
… for violation of valid rules of conduct. (8) The Fourteenth Amendment of the United States Constitution does riot apply to the internal disciplinary operations of a private school. (9) A student involved in a due process matter must take advantage of all administrative remedies available before …
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Liberty in full : Justice Stephen Field's cooperative constitution of liberty.
In this dissertation, I examine 19th century Supreme Court Justice Stephen Field's understanding of liberty. Scholars often define Field's liberty solely as opposition to government regulation. I challenge this position, arguing that Field articulated a fuller liberty, one which encompassed liberty …
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