Statute
Fourteenth Amendment
668 published works
Legal Theory Blog
Tracy on Rights Enforcement in Reconstruction-Era Courts
Joseph Tracy (Florida State University - College of Law) has posted Reconstruction Courts And Rights Enforcement: Examining An Enigmatic Jurisprudence on SSRN. Here is the abstract: This article traces the…
Legal Theory Blog
Wurman on “The Original Meanng of the Fourteenth Amendment” by Barnett & Bernick
Ilan Wurman (University of Minnesota Law School) has posted The Antislavery Reading of Article IV (Constitutional Commentary, Volume 40 (forthcoming)) on SSRN. Here is the abstract: Article IV of the…
Gender and the Law Prof Blog
Judicial Bypass for Minors Seeking Abortion Care in Florida
By Jamie Abrams
A Florida District Court has gutted the rights of youth to seek abortion care. The full opinion is here. Here is the context of the case: Appellant (“Minor”), an unemancipated 17-year-old…
Legal Theory Blog
Craddock on Personhood after Dobbs
Joshua J. Craddock (Harvard University, Law School, Students ; James Wilson Institute for Natural Rights and the American Founding) has posted Personhood After Dobbs (74 Cath. U. L. Rev. 536…
Last Month at the Supreme Court
Supreme Court Hears Argument on Nationwide Scope of Injunction
By Chantel Febus, James Azadian, Christopher Sakauye
On May 15, 2025, the Supreme Court heard oral argument on three related emergency applications—Trump v. CASA, Inc.(No. 24A884); Trump v. Washington (No. 24A885); and Trump v. New Jersey (No.…
Legal Theory Blog
Tillman on Section Three Litigation and Academic and Professional Norms
Seth Barrett Tillman (National University of Ireland, Maynooth (NUI Maynooth) - Faculty of Law) has posted Some Personal Reflections on the Recent Litigation Involving Section Three of the Fourteenth Amendment…
Legal Theory Blog
Bayefsky on Tradition and Feminism in Constitutional Rights Adjudication
Rachel Bayefsky (University of Virginia School of Law) has posted Tradition and Feminism in Constitutional Rights Adjudication on SSRN. Here is the abstract: In recent years, "tradition" has been influentially…
Legal Theory Blog
Upham on Section 5 Enforcement and Prenatal Persons
David R. Upham (St. Thomas University; University of Dallas) has posted Prenatal Personhood, State Duties, and Congress’s Abortion Power Under the Fourteenth Amendment (74 Cath. U. L. Rev. 427 (2025))…
Regulatory Oversight
The False Claims Act Enters the School Zone
By Abigail Hazlett, Michael A. Schwartz, Allison O'Neil, Ryan DiSantis, Colleen O'Connor, Isabela Herlihy, Christine MacGregor, Kara Kelleher
On May 19, 2025, the U.S. Department of Justice (DOJ) announced the launch of a Civil Rights Fraud Initiative, which will use the False Claims Act (FCA) as a basis…
Legal Theory Blog
Vlahoplus on the Citizenship Clause
John Vlahoplus has posted Allegiance, Treason, and the Natural Born on SSRN. Here is the abstract: This Article contributes to current debates over birthright nationality by utilizing previously overlooked authorities…