Liberty under the Fourteenth Amendment: 1943-44

The bakke case and the fourteenth amendment.

The abortion right, originalism, and the Fourteenth Amendment.

The Fourth Amendment During the Lochner Era: Privacy, Property, and Liberty in Constitutional Theory

In this article, Professor Morgan Cloud proposes a surprising remedy for a Fourth Amendment jurisprudence he criticizes as lacking a unifying theory and failing to preserve the rights guaranteed by the Amendment. Professor Cloud's solution is a return to the theories espoused by the Supreme Court during the infamous Lochner era of the early twentieth century. He calls for a merging of the forma...

Dialogic Fidelity: The Fourteenth Amendment, Historical Meaning, and Appropriate Scrutiny for Sex Discrimination

Last Term, the Supreme Court confronted constitutional issues of sex discrimination and search and seizure. First, in Atwater v. City of Lago Vista,1 the Court held that the Fourth Amendment creates no bar to the warrantless arrest of a citizen for a misdemeanor criminal offense. Then, in Nguyen v. INS,2 the Court upheld against an equal protection challenge a statute that imposed different req...

Fourteenth amendment--the right to refuse antipsychotic drugs masked by prison bars.