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Article: Section five overbreadth: the facial approach to adjudicating challenges under section five of the Fourteenth Amendment.(Case Note)
- Article from:
- Michigan Law Review
- Article date:
- February 1, 2003
- Author:
CopyrightCOPYRIGHT 2003 Michigan Law Review Association. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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TABLE OF CONTENTS
INTRODUCTION
I. SECTION FIVE OVERBREADTH EXPOSED
A. Adoption of the Overbreadth Approach in the City of
Boerne Cases
B. Section Five Overbreadth as a Departure from
Precedent
II. PATHOLOGIES OF SECTION FIVE OVERBREADTH
A. The Proper Scope o f Judicial Review
B. Severability
C. Internal Inconsistencies in the City of Boerne Cases
D. The Federalism Defense of Section Five Overbreadth
III. THE FUTURE OF SECTION FIVE: FACIAL INVALIDATION
OF TITLE VII?
CONCLUSION
INTRODUCTION
In February 1996, the New York State Department of Transportation fired Joseph Kilcullen from his ...