Americans Without Papers, State Immigrant 'Attrition' Laws, and the Fourteenth Amendment

2012 ◽  
Author(s):  
Sheldon M. Novick
Keyword(s):  
Fourteenth Amendment

The Rights of Gay Student Organizations at Public State-Supported Institutions

NASPA Journal ◽  
1997 ◽  
Vol 34 (2) ◽  
Author(s):  
Sherry L. Mallory
Keyword(s):  
First Amendment ◽  
Student Organizations ◽  
Fourteenth Amendment ◽  
Public Institutions ◽  
Campus Policy

The author considers the rights of gay student organizations at state-supported public institutions, discusses the First Amendment and equal protections clause of the Fourteenth Amendment as they pertain to gay student organizations, and offers advice on the major principles and issues that should be taken into account in writing a campus policy regarding the rights of gay student organizations.

“The Real Nature and Spirit of Our Lives”

2018 ◽  
Author(s):  
Amanda Porterfield
Keyword(s):  
Economic Growth ◽  
African Americans ◽  
Social Organization ◽  
Labor Unions ◽  
Social Evolution ◽  
Fourteenth Amendment ◽  
The Real ◽  
Real Nature ◽  
Republican Liberty ◽  
The U.S

Proponents of social evolution blurred boundaries between commerce and Christianity after the Civil War, championing Christian work as a means to economic growth, republican liberty, and national prosperity. Meanwhile, workers invoked Christ to condemn patronizing attitudes toward labor, and by organizing labor unions to hold capitalists accountable to Pauline ideals of social membership. Influenced by organic theories of social organization that traced modern corporations to medieval institutions, U.S. courts began recognizing corporations as natural persons protected by rights guaranteed in the Fourteenth Amendment of the U.S. Constitution, which had originally be crafted to protect the rights of African Americans.

Sex Discrimination and the Transformation of U.S. Education

2018 ◽  
Author(s):  
Erin E. Buzuvis
Keyword(s):  
Equal Opportunity ◽  
Sex Discrimination ◽  
Sexual Misconduct ◽  
Fourteenth Amendment ◽  
Equal Protection Clause ◽  
Lgbt Students ◽  
Societal Norms ◽  
Sex Equality ◽  
Equality In Education

This chapter highlights the role of Title IX of the Education Amendments Act of 1972 and the U.S. Constitution’s Equal Protection Clause of the Fourteenth Amendment in transforming the gendered landscape of U.S. education. After first providing an overview of these two sources of law, the chapter examines the role they have played in challenging sex-based designations in admissions and in the classroom, in promoting equal opportunity and access to school-sponsored athletics, in challenging sexual harassment and other sexual misconduct, in reducing barriers to LGBT students, and in promoting equal opportunity for students who are pregnant. Sections addressing each one of these topics will also note limitations and shortcomings of the law’s approach to these issues, as there is still more work to do to fully realize sex equality in education. While the law has not cured all the problems of sex discrimination education, owing to limitations in its scope, as well as enforceability, it has proven to be a powerful source of societal norms and expectations, which themselves operate to motivate compliance and beyond.

The Due Process Right to a Safe and Humane Environment for Patients in State Custody: The Voluntary/Involuntary Distinction

1997 ◽  
Vol 23 (2-3) ◽  
pp. 339-362
Author(s):  
Sarah C. Kellogg
Keyword(s):  
Patient Safety ◽  
Staff Member ◽  
Suicide Risk ◽  
Due Process ◽  
Fourteenth Amendment ◽  
Psychiatric Facility ◽  
State Custody ◽  
Staffing Levels ◽  
State Psychiatric ◽  
Deliberate Indifference

In December 1995, the Eighth Circuit decided Kennedy v. Schafer, holding that a teenage patient who committed suicide while under treatment at a state psychiatric facility had a constitutionally protected liberty interest in a safe and humane environment under the Due Process Clause of the Fourteenth Amendment if her status changed from voluntary to involuntary during the course of her admission. The fifteen year old patient, Kathleen Kennedy, had been identified as a suicide risk, and had been placed on “Protective Suicide Precautions,” which required a designated staff member to keep her in constant eyesight and to interact with her at fifteen to twenty minute intervals. Despite these stringent requirements for supervision and contact, Kathleen was found dead in her room more than two hours after her last contact with a staff member. Her parents brought suit under 42 U.S.C. § 1983 against state and hospital officials, alleging that chronic understaffing and falsification of the records used to determine staffing levels amounted to a pattern of deliberate indifference to patient safety which violated their daughter’s protected liberty interest in a safe and humane environment.

Legal Aid for Children: Some Reflections

1979 ◽  
Vol 4 (4) ◽  
pp. 29-32
Author(s):  
Brian Lucas
Keyword(s):  
United States Of America ◽  
Due Process ◽  
Juvenile Court ◽  
The United States ◽  
Fourteenth Amendment ◽  
Court System ◽  
Bill Of Rights ◽  
Legal Aid ◽  
Legal Representation ◽  
The Supreme Court

In its Second Main Report, Law and Poverty in Australia, the Commission of Inquiry into Poverty expressed the view that “legal representation for children appearing before the children's court, whether in the criminal or protective jurisdiction, is necessary if justice is to be done.”This view coincides with the opinion of the Supreme Court of the United States of America in In re Gault. It has been said that this decision “unleashed a frontal assault on the juvenile court system.” It confirmed that juveniles were entitled to “due process” and the same protection which the Fourteenth Amendment and the Bill of Rights afforded to adults.

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