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Student Publications Homepage
ARTICLE CONTENTS
[Pages 697-740]
TOP OF ARTICLE
Introduction
I. The Fourteenth Amendment: Its Text, Framing, and Subsequent History
II. Boerne and Its Progeny: The Court’s Contemporary Approach to the Section 5 Power
A. City of Boerne v. Flores: The Court’s Handmade Requirements, Congruence and Proportionality, Defeat RFRA
B. Kimel v. Florida Board of Regents: Congress Prohibits Too Much State Action in the ADEA?
C. United States v. Morrison: VAWA Fails for Lack of State Action
D. Board of Trustees of the University of Alabama v. Garrett: ADA’s Remedies Too Stringent
III. A Circuit Split over the Constitutionality
of an FMLA Provision
A. Kazmier v. Widmann: The Fifth Circuit Concludes the Provision Is Unconstitutional
B. Hibbs v. Department of Human Resources: The Ninth Circuit Holds the Provision Is Valid
IV. The Scope and Reach of Section 5 Power
V. Analysis: Can the Circuit Courts’ Treatment of the FMLA Inform What it Means to Be Reasonably Prophylactic?
Conclusion
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