Fourteenth Amendment - Page 5 of 8

The Virtues of Heterogeneity, in Court Decisions and the Constitution

Vol. 131 No. 3 January 2018 In recent decades, the project of integrating long-segregated American society has stalled, if not lurched into reverse. Though the impermissibility of de jure segregation...

Criminal Procedure Leading Case

Nelson v. Colorado

Vol. 131 No. 1 November 2017 Crime never pays, but criminals do little else. States and municipalities earn considerable revenue from monetary exactions in the criminal justice system, partly from...

Sentencing Leading Case

Beckles v. United States

Vol. 131 No. 1 November 2017 The vagueness doctrine takes at least two forms: one based in the Due Process Clause and one based in the Eighth Amendment. Under the...

Civil Procedure Leading Case

BNSF Railway Co. v. Tyrrell

Vol. 131 No. 1 November 2017 Since International Shoe Co. v. Washington, the Supreme Court has framed personal jurisdiction as a due process doctrine prohibiting courts from hearing claims against...

Due Process Recent Case

Davidson v. City of Cranston

First Circuit Holds that Prison Gerrymandering Does Not Violate the Equal Protection Clause.

Vol. 130 No. 8 June 2017

Abortion Law Leading Case

Whole Woman’s Health v. Hellerstedt

Vol. 130 No. 1 November 2016

First Amendment: Speech Recent Case

State v. Pomaniek

New Jersey Supreme Court Holds that Conviction Based on Victim's Reasonable Belief that Bias Motivated the Offense Violates Due Process.

Vol. 129 No. 3 January 2016

Civil Rights Case Comment

A New Birth of Freedom?: Obergefell v. Hodges

Vol. 129 No. 1 November 2015 The decision in Obergefell v. Hodges achieved canonical status even as Justice Kennedy read the result from the bench. A bare majority held that...

Kenji Yoshino

Civil Rights Response

Equal Dignity: Speaking Its Name

Response to A New Birth of Freedom?: Obergefell v. Hodges

Vol. 129 No. 1 November 2015 Introduction In certain circles, it has become a sign of sophistication to speak of Justice Anthony M. Kennedy’s seminal gay rights decisions, Obergefell v....

Laurence H. Tribe

State Action Doctrine Recent Case

In re Late Fee and Over-Limit Fee Litigation

Ninth Circuit Rejects Due Process Limit on Credit Card Fees.

Vol. 128 No. 2 December 2014