Global ETD Search
Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
Results
Showing 1 to 20 of 29 for “"equal protection"”.
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From slavery to equal protection: the misinterpretation of the fourteenth amendment and its lasting effects on American society
… 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 the Thirty-ninth Congress with providing equal protection of the law to all newly freedmen. By engaging in …
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Judicial rhetoric and radical politics: sexuality, race, and the fourteenth amendment
… how judicial arguments about due process and equal protection produce different possibilities for the articulation of queer of color identity in, through, and in response to judicial speech. The dissertation includes three case studies of opinions in state, federal and Supreme Court cases …
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Eugenic Sterilization in 20Th Century Georgia: From Progressive Utilitarianism to Individual Rights
… sterilization, regardless of due process and equal protection arguments to the contrary. It was in this legal environment that Georgia adopted sterilization legislation as a cost-saving measure. When progressive politicians assumed control of the governorship and legislature in 1937, …
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Constitutional Right to Same-Sex Marriage
… 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 the Supreme Court. Therefore, same-sex marriage …
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Outlaw, outcast, and Obergefell: an analysis of the United States Supreme Court’s ideology in cases that impact the LGBT community
… Themes of liberty, fundamental rights, equal protection, power, and polarization emerge in this study. Ultimately, it is determined that two groups are impacted by these decisions, these groups include the LGBT community and religious members who deem homosexuality as immoral.
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A legal and philosophical inquiry into affirmative action
… affirmative action plan violated their right to equal protection of the laws because it served as a form of reverse discrimination by considering race in the admissions process. While the University of Michigan defended its use of affirmative action in higher education by citing the need for a …
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Physician-assisted suicide: The courts leave it to the states
… suicide violated neither the Due 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, …
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The refugee rate: evidence from a field experiment of discrimination against refugees and asylum seekers
… nations will have to be proactive in ensuring equal protection if they hope to achieve success in the economic inclusion of refugees.
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Diversity and Opportunity: A New Paradigm for Elite Public Universities
… Bakke established the legal standard that under Equal Protection analysis, the facilitation of student body diversity for educational reasons was of compelling legal interest. This study concludes that the use of race as allowed by Bakke renders the facilitation of student body diversity much …
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The Politicization of the American Judiciary: Practical and Theoretical Consequences of a Partisan Supreme Court
… poses a fundamental threat to the execution of equal protection under the law and an erosion of democratic norms. This thesis proposes possible legislative and constitutional remedies to counter the increasing polarization of the Supreme Court, including proposed reforms such as term limits and …
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The antecedents to the school financial crisis in Kentucky
… state constitution but also the due process and equal protection clauses of the 14th Amendment of the United States Constitution. The purpose of this study was twofold. First, the study traced the historical and legal development of the financial support system for public elementary and secondary …
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Scalable video transportation using look ahead scheduling
… Scheduling Algorithm (LASA) which provides unequal look-ahead by safeguarding the base layer of the scalable video. The results of the experiment show that LASA reduces the number of frames with violate deadlines and significantly improves the continuity of video stream without compromising …
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An Historical Analysis of the Chicago Public Schools Desegregation Consent Decree (1980 - 2006): Establishing Its Relationship with the Brown v. Board Case of 1954 and the Implications of Its Implementation on Educational Leadership
… of the Brown v. Board case of 1954, defining the Equal Protection Clause of the 14th Amendment and the Civil Rights Act of 1964 as the conduits between the landmark case and the Chicago Public School Desegregation Consent Decree.</p><p>The dissertation answers five questions; the discriminatory …
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Confiscation or Serving the Public Good?
… actions, such as a potential violation of equal protection rights. Proponents, on the other hand, describe eminent domain as an important function of government and societal well-being. Nevertheless, the analysis concludes that eminent domain policy, as with any administrative procedure, …
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An Evolving Standard of Decency: Examining the American Juvenile Justice System and the Constitutionality of Youth Incarceration
… justice system that are inconsistent with the Equal Protection Clause of the Fourteenth Amendment? Relying on thematic, legal, and legislative content analysis, I submit that past Supreme Court opinions in Eighth and Fourteenth Amendment-related cases provide a compelling national interest …
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Claybrook v. Owensboro: Equality, Integration, and Struggle
… v. Owensboro was one of the first challenges 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 …
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Automobile Searches: The Gap Between the Theory and Praxis of Law
… stops, is most likely to be used in an Equal Protection challenge in court, and identifies systemic issues were officers systematically used race and/or ethnicity in their decision-making.This methodology seeks to do four things: (1) address conceptual, methodological, and theoretical …
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Medical negligence as novus actus interveniens: an analysis of the South African delictual jurisprudence
The South African Constitution guarantees equal rights to everyone. The right to equality is specifically protected in Section 9 of the Constitution. Section 9(1) states that ‗everyone is equal before the law and has the right to equal protection and benefit of the law‘. However, ensuring equality …
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The United States Supreme Court and affirmative action: A critical race, black feminist theoretical and textual analysis
… participating in the litigation. Fisher sued for equal protection as stated in the 14th Amendment of the United States Constitution. The question I immediately asked myself is whether there are racial considerations in the University’s admission process that would have caused Fisher’s application …
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Participating as amicus curiae in exclusionary zoning litigation : developing the court's understanding of the principles of environmental justice
… the discriminatory intent requirement 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. …
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