Adams F07 Con Law II outline redux-1

Adams F07 Con Law II outline redux-1 - TOPIC FUNDAMENTAL...

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TOPIC # TOPIC # FUNDAMENTAL RIGHTS AND INCORPORATION DISPUTE – 13/14/15 th AMENDS. i. Slaughter-House Cases [1873] ii. Saenz v. Roe [1999] JUDICIAL SCRUTINY (JS): SUBSTANTIVE DUE PROCESS (SDP) i. Rise of JS with Socioeconomic Regulation 1. WALKTHROUGH CHECKLIST 2. Calder v. Bull 3. Allgeyer v. Louisiana 4. Lochner v. New York ii. Decline of JS of Socioeconomic Regulations 1. Nebbia v. New York [1934] 2. West Coast Hotel Co v. Parrish [1937] 3. U.S. v. Carolene Products Co. [1938] a. [ first articulation of the rat’l basis test] 4. Williamson v. Lee Optical Co. [1955] iii. On Punitive Measures 1. BMW v. Gore (1996) iv. Constitutional Safeguard of Economic Rights: The Takings Clause 1. Loretto v. Teleprompter [1982] 2. Pennsylvania Coal Co. v. Mahon [1922] v. SDP and Non-Economic Liberties: Contraception 1. WALKTHROUGH CHECKLIST 2. Griswold v. Connecticut [1965] a. [ Harlan gives SDP analysis in concurrence] 3. Eisenstad v. Baird vi. SDP and Non-Economic Liberties: Abortion 1. Roe v. Wade [1973] 2. Planned Parenthood of Central MO v. Danforth [1976] 3. Bellotti v. Baird I & II [976, 1979] 4. Maher v. Roe [1977] 5. Harris v. McRae [1980] 6. Rust v. Sullivan [1991] 7. Planned Parenthood of Southeastern PA v. Casey [1992] 8. Gonzales v. Carhart [2007] vii. SDP and Marriage/Family Relationships 1. Right to Live Together a. Moore v. City of East Cleveland [1977] b. Belle Terre v. Boraas [1974] 2. Upbringing and Education a. Pierce v. Soc. Sisters b. Troxel v. Granville [2000] 3. Right to Marry a. Loving v. Virginia [1967] b. Troxel v. Granville [2000] 4. Right to Custody of One’s Children a. Michael H. v. Gerald D. [1989] viii. SDP and Sexuality 1. Bowers v. Hardwick [1986] - (OVERRULED) 2. Lawrence v. Texas [2003] – List of Precedents ix. SDP and the Right to Die 1. Cruzan v. Director, MO Dept. of Health [1990] 2. Washington v. Glucksberg [1997] 3. Vacco v. Quill JUDICIAL SCRUTINY (JS): EQUAL PROTECTION Introduction 1. SDP V. EP 2. WALKTHROUGH CHECKLIST 3. TYPES OF CLASSIFICATIONS Race Discrimination – Suspect Classification 1. Strauder v. West Virginia [1880] 2. Korematsu v. United States [1944] 3. Plessy v. Ferguson [1896] Race Discrimination : School Desegregation 1. Brown v. Board of Education [1954] 2. Brown II [1955] 3. Bowling v. Sharpe [1954] 4. Green v. County School Board 5. Swann v. Charlotte-Mecklenburg Board of Ed. 6. Keyes v. School District#1 7. Milliken v. Bradley 8. Board of Ed. of Ok v. Dowell Race Discrimination – Anti-miscegenation 1. Loving v. Virginia [1967] Race Discrimination : Child Custody/Adoption 1. Palmore v. Sidoti Race Discrimination: Purpose/Effect Distinction 1. Three ways to establish DP 2. Washington v. Davis [1976[ 3. Yick Wo v. Hopkins 4. Gomillion v. Lightfoot 5. Arlington Heights v. Metropolitan Housing Corp [1977] Race Preferences in Public Employment and Conrtacting 1. Affirmative Action Techniques 2. Wygant v. Jackson Board of Ed. 3. Federal v. State/Local AA Schemes 4. Fullilove v. Klutznick 5. Richmond v. J.A. Croson Co. [1989] 6. Metro Broadcasting, Inc. v. FCC [1990] 7. Adarand Constructors Inc. v. Pena [1995] Race Preferences in Education 1. Regents of Univ. of CA v. Bakke [1978] 2. Grutter v. Bollinger [2003] 3. Gratz v. Bollinger [2003] 4. Parents Involved in Community Schools v.
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