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Articles 1 - 30 of 141
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Cameras In The Courtroom: Guidelines For State Criminal Trials, Nancy T. Gardner
Cameras In The Courtroom: Guidelines For State Criminal Trials, Nancy T. Gardner
Michigan Law Review
This Note analyzes the conflicting interests involved in televising state criminal trials and proposes a model set of guidelines for consideration by states that decide to permit electronic media in their courtrooms. The Note favors restrictions on broadcasters once in the courtroom and advocates that the defendant's right to a fair trial receive more scrupulous protection than the broadcast media's interest in attendance and the public's "right to know." Part I presents the constitutional principles with which any set of guidelines must comply. Part II analyzes the policy considerations that should guide the formulation of state guidelines, and concludes that …
The Politics Of Statutory Construction, Daniel M. Harris
The Politics Of Statutory Construction, Daniel M. Harris
BYU Law Review
No abstract provided.
The Formulaic Constitution, Robert F. Nagel
The Formulaic Constitution, Robert F. Nagel
Michigan Law Review
This essay explores the ways in which the formulaic style is different from other, older forms of constitutional doctrine. It argues that the modern style affects the content that the Court finds in the Constitution and that it illuminates the current interpretive functions of the judiciary. Perhaps most importantly, the formulaic style establishes an identifiable relationship between the Court and the public and thus constrains how the Court's version of the Constitution bears upon the larger political culture.
An Examination Of Whether Incarcerated Juveniles Are Entitled By The Constitution To Rehabilitative Treatment, Andrew D. Roth
An Examination Of Whether Incarcerated Juveniles Are Entitled By The Constitution To Rehabilitative Treatment, Andrew D. Roth
Michigan Law Review
This Note attempts to resolve the arguments presented in the literature and the case law and determine whether the federal Constitution mandates a right to treatment for involuntarily incarcerated juveniles. Part I examines the varied situations that have given rise to right to treatment claims. Part II elucidates the three principal theories on which right to treatment claims have been based: (1) that because the purpose of incarcerating juveniles is to promote their welfare, rehabilitation is mandated by the due process requirement that the nature of the commitment "bear some reasonable relation to the purpose for which the individual is …
Constitutional Law—Equal Protection—Zoning Ordinance Excluding Home For The Mentally Retarded Fails The Rational Basis Test, Patricia J. Dolson
Constitutional Law—Equal Protection—Zoning Ordinance Excluding Home For The Mentally Retarded Fails The Rational Basis Test, Patricia J. Dolson
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law—Death-Qualified Juries Are Not Prohibited By The Sixth Amendment Right To A Fair And Impartial Jury, David Juneau
Constitutional Law—Death-Qualified Juries Are Not Prohibited By The Sixth Amendment Right To A Fair And Impartial Jury, David Juneau
University of Arkansas at Little Rock Law Review
No abstract provided.
The Takings Clause: Principles Or Politics?, Leslie Bender
The Takings Clause: Principles Or Politics?, Leslie Bender
Buffalo Law Review
No abstract provided.
The Constitution As Compact And As Conscience: Individual Rights Abroad And At Our Gates, Louis Henkin
The Constitution As Compact And As Conscience: Individual Rights Abroad And At Our Gates, Louis Henkin
William & Mary Law Review
No abstract provided.
And Now For A Moment Of Silence: Wallace V. Jaffree, Sylvia Sohn Penneys
And Now For A Moment Of Silence: Wallace V. Jaffree, Sylvia Sohn Penneys
University of Miami Law Review
No abstract provided.
Aguilar V. Felton: Lemon Revisited - The Supreme Court's Tug-Of-War With The Entanglement Doctrine, Raymond L. Robin
Aguilar V. Felton: Lemon Revisited - The Supreme Court's Tug-Of-War With The Entanglement Doctrine, Raymond L. Robin
University of Miami Law Review
No abstract provided.
Justice Sandra Day O'Connor: Trends Toward Judicial Restraint
Justice Sandra Day O'Connor: Trends Toward Judicial Restraint
Washington and Lee Law Review
No abstract provided.
Liberty And Community In Constitutional Law: The Abortion Cases In Comparative Perspective, Donald P. Kommers
Liberty And Community In Constitutional Law: The Abortion Cases In Comparative Perspective, Donald P. Kommers
BYU Law Review
No abstract provided.
A Nondeferential Standard For Appellate Review Of State Law Decisions By Federal District Courts
A Nondeferential Standard For Appellate Review Of State Law Decisions By Federal District Courts
Washington and Lee Law Review
No abstract provided.
Hardwick V. Bowers: An Attempt To Pull The Meaning Of Doe V. Commonwealth's Attorney Out Of The Closet, Elisa L. Fuller
Hardwick V. Bowers: An Attempt To Pull The Meaning Of Doe V. Commonwealth's Attorney Out Of The Closet, Elisa L. Fuller
University of Miami Law Review
No abstract provided.
Clark V. Community For Creative Non-Violence: First Amendment Safeguards-Their Sum Is Less Than Their Parts, James B. Putney
Clark V. Community For Creative Non-Violence: First Amendment Safeguards-Their Sum Is Less Than Their Parts, James B. Putney
University of Miami Law Review
No abstract provided.
The Availability Of Jury Trials In Copyright Infringement Cases: Limiting The Scope Of The Seventh Amendment, Andrew W. Stumpff
The Availability Of Jury Trials In Copyright Infringement Cases: Limiting The Scope Of The Seventh Amendment, Andrew W. Stumpff
Michigan Law Review
This Note argues that statutory copyright damages are properly regarded as equitable and hence that no right to a jury trial exists in cases brought to recover such damages. More generally, the Note maintains that the seventh amendment's distinction between equitable and legal causes of action has produced irrational consequences, and proposes that "legal" issues be defined narrowly so as to limit the scope of the seventh amendment. Part I analyzes the debate over statutory copyright damages, concluding that historical and statutory construction arguments require these damages to be construed as legal. Part II examines some of the problems that …
National League Of Cities Overruled -- Supreme Court Rejects Tenth Amendment As An Affirmative Limitation On Congress' Power Under The Commerce Clause, Dorothy Lowe Boardman
National League Of Cities Overruled -- Supreme Court Rejects Tenth Amendment As An Affirmative Limitation On Congress' Power Under The Commerce Clause, Dorothy Lowe Boardman
Florida State University Law Review
No abstract provided.
Sites V. State, 481 A.2d 192 (Md. 1984), Paul Mccaskill
Sites V. State, 481 A.2d 192 (Md. 1984), Paul Mccaskill
Florida State University Law Review
Constitutional Law-THE DRIVER'S RIGHT TO COUNSEL PRIOR TO TAKING A BREATHALYZER TEST-WHAT PROCESS IS DUE?
Appellate Procedure—Orders Disqualifying Counsel Are Not Immediately Appealable Under The Collateral Order Exception To 28 U.S.C. Section 1291, Troy Anthony Price
Appellate Procedure—Orders Disqualifying Counsel Are Not Immediately Appealable Under The Collateral Order Exception To 28 U.S.C. Section 1291, Troy Anthony Price
University of Arkansas at Little Rock Law Review
No abstract provided.
Remedies To The Dilemma Of Death-Qualified Juries, Robert M. Berry
Remedies To The Dilemma Of Death-Qualified Juries, Robert M. Berry
University of Arkansas at Little Rock Law Review
No abstract provided.
Access To Classified Information: Constitutional And Statutory Dimensions, Bruce E. Fein
Access To Classified Information: Constitutional And Statutory Dimensions, Bruce E. Fein
William & Mary Law Review
No abstract provided.
Limits On Scientific Expression And The Scope Of First Amendment Analysis, Martin H. Redish
Limits On Scientific Expression And The Scope Of First Amendment Analysis, Martin H. Redish
William & Mary Law Review
No abstract provided.
Scientific And Technological Information And The Exigencies Of Our Period, Elizabeth R. Rindskopf, Marshall L. Brown Jr.
Scientific And Technological Information And The Exigencies Of Our Period, Elizabeth R. Rindskopf, Marshall L. Brown Jr.
William & Mary Law Review
No abstract provided.
Comment On "The Nylon Curtain: America's National Border And The Free Flow Of Ideas", John R. Brock
Comment On "The Nylon Curtain: America's National Border And The Free Flow Of Ideas", John R. Brock
William & Mary Law Review
No abstract provided.
Comment On "The Nylon Curtain: America's National Border And The Free Flow Of Ideas", Tom A. Collins
Comment On "The Nylon Curtain: America's National Border And The Free Flow Of Ideas", Tom A. Collins
William & Mary Law Review
No abstract provided.
The First Amendment - An Absolute Right?, Kathleen A. Buck
The First Amendment - An Absolute Right?, Kathleen A. Buck
William & Mary Law Review
No abstract provided.
Introduction To National Security And The First Amendment, William B. Spong Jr.
Introduction To National Security And The First Amendment, William B. Spong Jr.
William & Mary Law Review
No abstract provided.
Cuban Cigars, Cuban Books, And The Problem Of Incidental Restrictions On Communications, Frederick Schauer
Cuban Cigars, Cuban Books, And The Problem Of Incidental Restrictions On Communications, Frederick Schauer
William & Mary Law Review
No abstract provided.
The Nylon Curtain: America's National Border And The Free Flow Of Ideas, Burt Neuborne, Steven R. Shapiro
The Nylon Curtain: America's National Border And The Free Flow Of Ideas, Burt Neuborne, Steven R. Shapiro
William & Mary Law Review
No abstract provided.
Comment On "The Nylon Curtain: America's National Border And The Free Flow Of Ideas", Michael J. Perry
Comment On "The Nylon Curtain: America's National Border And The Free Flow Of Ideas", Michael J. Perry
William & Mary Law Review
No abstract provided.