All Articles tagged Fourteenth Amendment

• General
  April 22, 2024 EDT
  SUPREME MIRAGE: CLARENCE THOMAS’S INVENTED HISTORY OF COLORBLINDNESS ORIGINALISM
  Zamir Ben-Dan

  Tracking his opinion in Students for Fair Admissions, this Essay proposes Justice Thomas’s “originalist defense of the colorblind Constitution” is manufactured history, refuting Thomas's race-blind reading of the 14th Amendment.

• State Constitutional Commentary
  August 28, 2023 EDT
  STATE CONSTITUTIONS AND PRIVILEGES OR IMMUNITIES
  John L. Rockenbach

  This article makes an originalist case for incorporating state constitutional rights into the federal constitution, relying on the Privileges or Immunities Clause of the Fourteenth Amendment.

• Justice Commentaries
  June 15, 2023 EDT
  THE CONSTITUTIONAL TORT OF SHIELDING CRIMINAL WRONGDOERS IN VIOLATION OF THE EQUAL PROTECTION OF THE LAWS
  John Crain

  This article suggests a new way to view the injury to the crime victim in a discriminatory decision not to prosecute, and a new way to redress that injury.

• General
  December 31, 2020 EDT
  BEHIND THE MASK: ANALYZING LEGAL POWERS TO MANDATE FACE COVERINGS IN PUBLIC PLACES AMID A GLOBAL PANDEMIC
  Benjamin Pomerance

  This article examines state and federal authority to mandate mask-wearing amid a public health crisis.

• New York Appeals
  September 13, 2019 EDT
  WHAT HAPPENS IN VEGAS STAYS IN VEGAS: ASSERTING A TORT CLAIM IN NEW YORK COURTS AGAINST A FOREIGN CORPORATION ARISING FROM A NEW YORKER’S OUT-OF-STATE ACCIDENT POST-DAIMLER
  Michael J. HutterMark L. Powers

  This article examines the opportunities for asserting personal jurisdiction in a New York court over a foreign corporation for a tort claim arising from a New Yorker’s out-of-state accident post-Daimler.

• General
  December 12, 2018 EDT
  PRESERVING LIFE BY RANKING RIGHTS
  John Williams Draper

  This article discusses the protection of life as the ultimate, fundamental right in U.S. constitutional law.

• General
  May 25, 2017 EDT
  THE MIXED BLESSINGS OF (NON-)ESTABLISHMENT
  Rene Reyes

  This article argues that there may actually be a much greater degree of separation between church and state in Britain than there is in the United States.

• State Constitutional Commentary
  November 11, 2011 EDT
  RIGHTS AND REMEDIES IN STATE HABEAS PROCEEDINGS
  Jason Mazzone

  This short essay examines the effects of Danforth v. State on the practices of state courts to date and its likely impact in the future.