All Articles tagged equal protection

• 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.

• Justice Commentaries
  December 08, 2016 EDT
  THESE LIVES MATTER, THOSE ONES DON’T: COMPARING EXECUTION RATES BY THE RACE AND GENDER OF THE VICTIM IN THE U.S. AND IN THE TOP DEATH PENALTY STATES
  Frank R. BaumgartnerEmma JohnsonColin WilsonClarke Whitehead

  This article argues that the death penalty, as applied in every major state, violates the most basic concepts of equal protection.

• State Constitutional Commentary
  September 23, 2013 EDT
  THE VANGUARD OF EQUALITY: THE IOWA SUPREME COURT’S JOURNEY TO STAY AHEAD OF THE CURVE ON AN ARC BENDING TOWARDS JUSTICE
  Mark S. Cady

  This perspective outlines Iowa's history of protecting individual liberties more than the Federal Constitution.

• General
  August 08, 2009 EDT
  ON ACCOUNT OF RACE OR COLOR: RACE AS CORPORATION AND THE ORIGINAL UNDERSTANDING OF RACE
  Reginald Oh

  This essay is a critique of constitutional and political discourse on “race.”

• General
  August 08, 2009 EDT
  UNDERSTANDING RACE: THE EVOLUTION OF THE MEANING OF RACE IN AMERICAN LAW AND THE IMPACT OF DNA TECHNOLOGY ON ITS MEANING IN THE FUTURE
  William Q. Lowe

  This note discusses the current lack of a settled definition of race in American Law, and the potential role DNA technology can play in remedying the problems associated with it.

• General
  January 01, 2006 EDT
  REDEFINING DUE PROCESS ANALYSIS: JUSTICE ANTHONY M. KENNEDY AND THE CONCEPT OF EMERGENT RIGHTS
  Lisa K. Parshall

  This article argues that Justice Kennedy may be carving out a new category of rights that are entitled to the Court’s heightened solicitude.

• General
  January 01, 2005 EDT
  DELIBERATIVE AUTONOMY AND LEGITIMATE STATE PURPOSE UNDER THE FIRST AMENDMENT
  Aditi Bagchi

  This article argues that free speech law does, and should, revolve around an alternative organizing principle: the autonomy of the listener.