On Demand

The Fourteenth Amendment: Equal Protection and Due Process In Application


Created on June 29, 2017




The Fourteenth Amendment was enacted following the Civil War to extend full constitutional rights to all American men, regardless of ethnicity. Following the suffrage movement, the Fourteenth Amendment was construed to extend full constitutional rights to all American citizens, regardless of gender. Two of the clauses of the Fourteenth Amendment, specifically, the Equal Protection clause and the Due Process clause, form the basis for many of the steps towards equality that have been taken in the last century in America.  

In this course, we will explore the many applications over time of the Equal Protection and Due Process clauses of the Fourteenth Amendment. We will discuss the history of rulings enunciating "Substantive Due Process," and guide the practitioner to cases showing how "Substantive Due Process" has fallen out of vogue in current jurisprudence. We will review the many applications of Equal Protection and Due Process in modern society, and provide practitioners with guidance for asserting Equal Protection and Due Process violations in §1983 actions.

This course, presented by Samuel B. Cohen, noted New York §1983 practitioner, will provide practitioners with an increased understanding of some of the more difficult rights to articulate in §1983 practice.

Learning Objectives: 
  1. Introduce the scope and interpretation of the Fourteenth Amendment
  2. Explore the rise and fall of Substantive Due Process
  3. Understand modern Due Process and Equal Protection claims
  4. Discuss current events indicating that Equal Protection claims may be in jeopardy 

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