Equal protection clause
The New Racial Justice: Moving Beyond the Equal Protection Clause to Achieve Equal Protection
... And the racial disparity being addressed is undeniable. According to the National Registry of Exonerations, 1040 people had been exonerated as of the date of this Article. About the Registry, N AT ’ L R EGISTRY OF E ...
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Alienage as a Suspect Class: Nonimmigrants and the Equal Protection Clause
... Courts should review laws that discriminate against nonimmigrants using strict scrutiny review. Legal Permanent Residents and nonimmigrants should receive the same treatment under the Equal Protection ...
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A Bare Desire to Harm: Transgender People and the Equal Protection Clause
... stitutional amendment that prohibited all existing and future antidiscrimina- tion laws protecting lesbian, gay, and bisexual people, while leaving all oth- er antidiscrimination laws intact. 245 According to the Court, ...
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New Groups and Old Doctrine: Rethinking Congressional Power to Enforce the Equal Protection Clause
... the Equal Protection ...employment protection for transgendered people, and the Genetic Information Nondiscrimination ...the Equal Protection Clause and other components of the ...
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Religion and the Equal Protection Clause: Why the Constitution Requires School Vouchers
... and Equal Protection Clauses that we have just ...the Equal Protection Clause in fact guaranteed equality in law making as well as in law ...the Equal Protection ...
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Constitutional Law-Aliens-Equal Protection Clause does not require extension of Special Immigrant Status to Aliens from Non-Contiguous Countries
... 0 The court then interpreted the phrase "lawfully admitted for permanent resi- dence" as a term of art intended to mean the status of having the privilege of resi[r] ...
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Fourteenth Amendment Peremptory Challenges by Defendants and the Equal Protection Clause
... 19 1 The Strauder decision emphasized that racial bias often exists in juries and can harm a criminal defendant.19 2 Justice Thomas argued that the majority's decision in McCollum would [r] ...
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Fourteenth Amendment Peremptory Challenges and the Equal Protection Clause
... Alabama, the Court again addressed the subject of racial discrimination in jury selection." The prosecutor in Swain used peremptory challenges to strike the only six black individuals on[r] ...
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The Tender Years Presumption: Is It Presumably Unconstitutional
... next gender discrimination case, Frontiero v. Statutory classifications which allegedly violate the equal protection clause may be subject to one of three judicially creat[r] ...
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The Court Upholds A State Law Prohibiting Physician Assisted Suicide
... 2 The Court held that state laws prohibiting physicianassisted suicide are constitutionally permissible since they do not violate the Equal Protection Clause.3 In making its decision, th[r] ...
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Swain Song of the Racially Discriminatory Use of Peremptory Challenges, The Sixth and Fourteenth Amendments: Batson v Kentucky, 106 S Ct 1712 (1986)
... Swain Court's reading of the equal protection clause.4 2 After reviewing the Supreme Court's analysis of the sixth amendment, the court addressed the argument that the fair cross-section[r] ...
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Were Separate-But-Equal and Antimiscegenation Laws Constitutional?: Applying Scalian Traditionalism to Brown and Loving
... the Equal Protection Clause, such segregation was not unconstitutional in ...the Equal Protection Clause, and the Court’s contrary conclusion failed to recognize and give due ...
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The duality of federalist nation building : two strains of Chinese immigration cases revisited
... the equal protection reading of Yick Wo, see N EUMAN , supra note 11, at 62 (describing how Yick Wo unequivocally declared that aliens deserved all of the protections provided by the Equal ...
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Bush v. Gore as an Equal Protection Case
... Equal protection ought to apply to the nitty-gritty of local election practices because those practices can have the effect of disenfranchis- ing voters and discriminating among identifiable groups of ...
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The First Amendment, Equal Protection and Felon Disenfranchisement: A New Viewpoint
... Justice John Paul Stevens joined Justice Kennedy‘s endorsement of a First Amendment approach to partisan gerrymandering in Vieth and continued developing this idea in the vein of political neutrality in League of United ...
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Homosexual Rights and Citizen Initiatives: Is Constitutionalism Unconstitutional
... We conclude that the Equal Protection Clause of the United States Constitution protects the fundamental right to participate equally in the political process, and t[r] ...
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Lock Them up and Throw away the Vote
... subject to strict scrutiny under the Equal Protection Clause of the Fourteenth Amendment. 7 As a matter of constitutional law, the United States Supreme Court has s[r] ...
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Motivational Analysis as a Complete Explanation of the Justification Process
... First, I think that the equal protection clause should be read as cautioning against the use of racial criteria, not simply because such criteria are likely to be the[r] ...
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Costanza and Brewer v. Caldwell
... the Equal Protection Clause of the Constitution because they facially discriminate against a certain class of individuals by not allowing them to marry, simply because of who they choose to ...
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Partisan Gerrymandering: A New Concept for Florida's 1992 Reapportionment
... reapportionment plan-that partisan gerrymandering may be found to violate the equal protection clause of the federal Constitution.' In past reapportionment years, the m[r] ...
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