the Court found that, where it is an injured worker’s immigration status that precludes him or her from returning to work, the injured worker is not entitled to vocational rehabilitation services as awarding such benefits would deprive the employer from equal pr...
Constitutional Source - the Equal Protection Clause of the 14th Amendment has no counterpart in the Constitution applicable to the federal government - however, grossly unreasonable discrimination by the federal government violates the Due Process Clause of the 5th Amendment (Bolling v. Sharpe, where ...
法律英语LEC笔记《宪法》Chapter 6 Equal Protection 张法连.,2016.法律英语精读教程(上),北京:北京大学出版社 Chapter6E qual P rotection I ntroduction -t he14th A mendment p rohibits s tates f rom d enying a ny p erson w ithin i ts jurisdiction t he e qual p rotection o f t ...
Instead, the Court examined the statute and accompanying legislative materials and concluded that section 3 violated the Equal Protection Clause's core command that government action not be based on animus against a disfavored group.Windsor's unusually direct methodology conflicts with the Court's ...
the Supreme Court has held that states may 16 elect to draw crossover districts—districts in which minority voters form less than a majority but 17 elect their preferred candidates with crossover support from some white voters—and that doing so 18 would not violate th...
It also remains possible to build in a future-proofing clause into an Acas brokered COT3 agreement that would compromise a claim based on not only past inequality but also future inequality caused by pay protection arrangements. Of course, employees may require additional compensation in consideration...
As the Due Process Clause protects against arbitrary deprivation of “property,” privileges or benefits that constitute property are entitled to protection.375 Because an existing right of action to recover damages for an injury is property, that right of action is protected by the clause.376 Thus...
“A Texas statute which withholds from local school districts any state funds for the education of children who were not ‘legally admitted’ into the United States, and which authorizes local school districts to deny enrollment to such children, violates the Equal Protection Clause of the ...
Section 1 of the Kansas Constitution Bill of Rights affords protection of the right of personal autonomy, which includes the ability to control one’s own body, to assert bodily integrity, and to exercise self-determination. This right allows a woman to make her own decisions regarding her body...
. . ."152 Those "statutes" included state statutes which Congress could preempt under the supremacy clause and under the enforcement clause of the Fourteenth Amendment. Among the Firearms Owners' Protection Act's measures to enforce the Second Amendment is 18 U.S.C. §926(a), which provides...