Constitutional Interpretation and the Incorporation Function of the 14 th Incorporation Doctrine (2/1) MODERN Incorporation Doctrine (5/1) B) Economic Due Process (6/2): “Public Need Theory” (7/2) Substantive Due Process: Property
Substantive Due Process: Right to Privacy General Privacy Cases (9/3) Penumbra Right to Privacy (10/3): General Abortion Regulation Cases (13/3). B(1) – Cases involving the definition of viability (13/3) B(2) – General Regulations Intended to discourage but not prohibit abortion (14/3) B(3) Abortion funding (16/4) (4) Juvenile Abortion (18/4) C) Non-Abortion Privacy Cases (19/4) C(1) Family Rights Cases (19/4) C(2) Funding Cases (20/4): C(3) Sexual Freedom (20/4) C(4) Cohabitation (22/4) C(5) Harmless Liberties (22/5) C(6) Non-Sex Cases –Does (23/5) C(7) Sub due process Right to Die cases (23/5)
Procedural Due Process B) Modern Procedural Due Process/prop interests (25/6) C) Liberty interests (26/6)
C(1) Classic kind = bodily integrity interest (26/6)
C(2) Prison Cases (26/6) C(3) Civil Commitment / Indefinite Commitment w/o commiting a crime (27/6 C(4) Reputation Cases (liberty interest) (27/6) C(5) Family rights cases (28/7 D. State of Mind Req’ment for Liberty or Property Interest Procedural Due Process (28/7) Due Process Summary (29/7) What process is Due? (29/7) F) Relevance of Existing State Remedies (30/7) G) Do immigrants or non-citizens receive due process? (31/7) H) Punitive damages (Gey says this is procedural dp, but court likes to call it sub due process) 31/7 o Grading / Academic Cases – can u sue Gey? NO (31/7)
EQUAL PROTECTION – Still in 14th, but now EP as opposed to Due Process Clause of 14 th Civil Rights Laws (32/9) 2) Race Cases – How Courts have reduced the statutes (33/9) Rev incorporation – (35/9) Limitations on School Busing Decrees (36/10) Dissolutions Cases (37/10) Universities (38/10) VII) Intent Req’ment (38/10) o Overt discrimination based on race (39/10 o Facially neutral statutes premised on racial bigotry (39/10). o Facially neutral stats w/ no evidence of bigotry in enacting the stat BUT STAT ADMINISTERED IN A WAY THAT MAKES IT DISCRIMINATORY(39/10 What is intent (40/11)?
The FRAMEWORK FOR THINGS TO LOOK FOR TO FIND AN IMPERMISSIBLE INTENT UNDER (46/11)
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§ 5 of 14th and Boerne / Katzenback Narrative (41/12) Post-Boerne Cases dealing w/ what is congruent and proportional 42/12) FUNDAMENTAL RIGHTS (43/12): B) EP Political Participation Cases (44/12) Affirmative Action 1st Education Case (45/14) AA Employment and Set-Asides (47/14) Quota Approved (48/14): MAIN STANDARD FOR AA IN SET-ASIDE and K CASES (49/14)(cases outside of education Back to EDUCATION AA (49/14) MI CASES (50/14 GENDER AA CASES (51/15) ***LAUNDRY LIST OF THINGS TO DO TO ATTACK OR JUSTIFY AA (51/15) Rational Basis – Easy for Gvt to Win (51/15) A WINNER (52/15) GENDER AA CASES (53/15) ROMANTIC PATERNALISM CRAP (53/15) GENDER / REMEDIAL AA RATIONALE (55/16): (see Webster directly above too) LIMITS ON THE GENDER DISCRIMINATION DOCTRINE (OBSTACLES TO Ps) (55/16) INTENT (55/16) Single-Sex Education (56/16)
First Amendment THE MODERN ERA --- WHAM (61/17) TWO TRACK ANALYSIS (62/17) PIGEONHOLES ways to get around Brandenburg (threats and teaching speech).(62/17) USSC NONSENSE (63/17) B) TEACHING SPEECH (63/18) Another Variation on ADVOCACY Theme (64/18) OVERBREADTH / FIGHTING WORDS / VAGUENESS DOCTRINES (65/18) B) Vagueness Doctrine (65/18) C) FIGHTING WORDS (65/18) PRIOR RESTRAINTS (66/18) FLAG BURNING (67/18) MOTIVE (67/19))
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