Fourteenth Amendment
Unduly Partial: The Supreme Court and the Fourteenth Amendment in Bush v. Gore
... 26. Despite its sweeping language, Section 2 turned out to be toothless because nei- ther Congress nor the courts ever showed themselves willing to pull the trigger, despite roughly a century of black disenfranchisement ...
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Fourteenth Amendment Equal Protection and Alienage Based Discrimination in the Appointment of State Police Officers: Foley v Connelie
... Fourteenth Amendment Equal Protection and Alienage Based Discrimination in the Appointment of State Police Officers Foley v Connelie SMU Law Review Volume 32 | Issue 4 Article 5 1978 Fourteenth Amendm[.] ...
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Protection of Fourteenth Amendment Rights under Section 241 of the United States Criminal Code
... Protection of Fourteenth Amendment Rights under Section 241 of the United States Criminal Code SMU Law Review Volume 20 | Issue 4 Article 15 1966 Protection of Fourteenth Amendment Rights under Sectio[.] ...
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Fourteenth Amendment Due Process for Prisoners in Commitment Proceedings
... Last term the Supreme Court considered whether the due process clause of the fourteenth amendment entitles a convicted prisoner to procedural safeguards, including notice, an adversary h[r] ...
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Liberty, Equality and the Right to Marry under the Fourteenth Amendment
... 8 marrying was unconstitutional ; while Turner took the same approach towards a Missouri law which precluded any prison inmate from marrying unless the prison governor considered there were compelling reasons to allow ...
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Judicial Deference and Political Power in Fourteenth Amendment and Dormant Commerce Clause Cases
... whereas Fourteenth Amendment plaintiffs typically seek judicial review of legislation because they have already lost out in the political process at the state level and do not have realistic hope of ...
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Fourth Amendment and Fourteenth Amendment Malicious Prosecution and 1983: Is There a Constitutional Violation Remediable under Section 1983
... brought in the petition for certiorari: whether a groundless criminal prosecution violates a Fourteenth Amendment substantive due process liberty right to be free from criminal prosecuti[r] ...
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42 U.S.C. 1985(3) - A Private Action to Vindicate Fourteenth Amendment Rights: A Paradox Resolved
... Critics, opposing the interpretation of § 1985(3) to provide re- dress for private conspiracies to violate fourteenth amendment rights in cases of state involvement, argue [r] ...
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Fourteenth Amendment Cameras in the Courtroom: Supreme Court Gives the Go Ahead
... The Canon as amended provides as follows: Subject at all times to the authority of the presiding judge to i control the conduct of proceedings before the court, and ii ensure decorum and[r] ...
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Fourteenth Amendment Admitting Evidence of Battered Child Syndrome to Prove Intent
... structed to "consider" the evidence that McGuire had "committed acts similar" to the crime charged and then "determine" whether there was a "clear connection" between the prior acts and [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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Escobedo and Beyond: The Need for a Fourteenth Amendment Code of Criminal Procedure
... The Supreme Court of Oregon has also held that the effective warning of both the right to remain silent and the right to counsel is a necessary prerequisite to the validity of a confessi[r] ...
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Citizenship and the Fourteenth Amendment
... Justice Miller noted in the Slaughter-House Cases, the Court in Dred Scott held that freed blacks "were incapable of becoming [citizens]. by anything short of an amend[r] ...
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Fourteenth Amendment Due Process and the Preventive Detention of Juveniles
... 146 In addition, juveniles often are released after being detained under the New York statute because "the judge decides that their pretrial detention constitutes sufficient punishment."[r] ...
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Fourteenth Amendment Parole Release Determinations
... texts the Court has held that due process protects those liberty interests which are not currently enjoyed by individuals.3 7 In similar fashion, the dissent explained that the nature of[r] ...
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Fourteenth Amendment Due Process and Interstate Prison Transfers
... 2 The Court, in an opinion by Justice Blackmun, held that an interstate prison transfer does not directly deprive the inmate of any liberty interest protected by the due process clause, [r] ...
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Fourteenth Amendment Due Process and Plea Bargaining
... It is this element of vindictiveness which the Sixth Circuit found to be offensive to principles of due process.'0 The Supreme Court granted certiorari" "to consider a constitutional que[r] ...
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Fourteenth Amendment The Continued Confinement of Insanity Acquittees
... 8 1 Tracking what Justice Brennan called "the Court's most cynical argument" in Jones, 8 2 both Justice Kennedy and Justice Thomas stated that "a criminal defendant who successfully rais[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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Back to Dred Scott?
... inappropriate to treat the qualifications for birthright citizenship as an issue of constitutional dimension. The framers of the fourteenth amendment had strong reason[r] ...
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