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Articles 1 - 30 of 180
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The 1986 And 1987 Affirmative Action Cases: It's All Over But The Shouting, Herman Schwartz
The 1986 And 1987 Affirmative Action Cases: It's All Over But The Shouting, Herman Schwartz
Michigan Law Review
For the moment, the affirmative action wars are over. In a ten-year set of decisions, culminating in five during the last two terms, the Court has now legitimated almost all types of race and gender preferences, even if they benefit nonvictims, including voluntarily adopted preferences in hiring, promotion, university admissions, and government contracting; hiring and promotion preferences in consent decrees; and court-ordered hiring and promotions. It has approved preferences by both public and private bodies, and for both racial-ethnic minorities and women. It has barred only layoffs of white (and presumably male) employees who have more seniority than employees hired …
Interpreting The Constitution, Michael J. Perry
The Constitution's Bicentennial: Commemorating The Wrong Document?, Thurgood Marshall
The Constitution's Bicentennial: Commemorating The Wrong Document?, Thurgood Marshall
Vanderbilt Law Review
1987 marks the 200th anniversary of the United States Constitution. A Commission has been established to coordinate the celebration. The official meetings, essay contests, and festivities have begun.
The planned commemoration will span three years, and I am told 1987 is "dedicated to the memory of the Founders and the document they drafted in Philadelphia."' We are to "recall the achievements of our Founders and the knowledge and experience that inspired them, the nature of the government they established,its origins, its character, and its ends, and the rights and privileges of citizenship, as well as its attendant responsibilities."
Like many …
Another View: Our Magnificent Constitution, William B. Reynolds
Another View: Our Magnificent Constitution, William B. Reynolds
Vanderbilt Law Review
Let me start with the observation that I regard myself to be most privileged to be a public servant at a time when we celebrate the 200th anniversary of the Constitution a magnificent document that has, in my view, no equal in history and every reason to be feted. It is by now no revelation that the Framers would be aghast at the size and reach of government today; but they would also be enormously proud of how much of their legacy has endured. The vitality of the original Constitution, and its various amendments, is reflected by its ability to …
Federalism, Separation Of Powers, And Individual Liberties, Dennis G. Lagory
Federalism, Separation Of Powers, And Individual Liberties, Dennis G. Lagory
Vanderbilt Law Review
In a world that the Framers hardly could have anticipated, the Constitution remains a singularly effective instrument for the pres- ervation of individual liberty. In its allocation of power between the states and the federal government, it provides Americans with multiple champions of their rights--the federal government, which protects a liberty that is constantly evolving to adapt traditional values to new realities, and the state governments, which protect the basic liberties to which mankind has always been entitled. In its allocation of power between the branches of the federal government, the Constitution provides us with a polity possessing powers adequate …
In Defense Of The Constitution's Judicial Impeachment Standard, Melissa H. Maxman
In Defense Of The Constitution's Judicial Impeachment Standard, Melissa H. Maxman
Michigan Law Review
This Note explores the traditional interpretation of the Constitution's impeachment provisions in light of the demands of Judges Claiborne's, Nixon's, and Hastings' cases. Part I describes the signals indicating analytical shortcomings, and thus the need for reexamination of the provisions as currently construed. It shows that the troubling results of the recent standard allowing criminal prosecution before impeachment are apparent to both the courts and the Congress. Part II analyzes the meaning and purpose of the constitutional language, and the recent policy challenges to it. This part shows that, in fact, the impeachment provisions were carefully chosen by the Constitution's …
The Constitution And The Canon, Michael T. Gilmore
The Constitution And The Canon, Michael T. Gilmore
William & Mary Law Review
No abstract provided.
"We Do Ordain And Establish": The Constitution As Literary Text, Robert A. Ferguson
"We Do Ordain And Establish": The Constitution As Literary Text, Robert A. Ferguson
William & Mary Law Review
No abstract provided.
Imposing Constitutional Traditions, Hendrik Hartog
Imposing Constitutional Traditions, Hendrik Hartog
William & Mary Law Review
No abstract provided.
1787: The Constitution And "The Curse Of Heaven", Walter E. Dellinger Iii
1787: The Constitution And "The Curse Of Heaven", Walter E. Dellinger Iii
William & Mary Law Review
No abstract provided.
Private Possession Of Child Pornography: The Tensions Between Stanley V. Georgia And New York V. Ferber, Susan G. Caughlan
Private Possession Of Child Pornography: The Tensions Between Stanley V. Georgia And New York V. Ferber, Susan G. Caughlan
William & Mary Law Review
No abstract provided.
Constitutional Law—Freedom Of Speech And Of The Press—Officials May Censor School-Sponsored Student Speech If Censorship Has Valid Educational Purpose, Charles William Burton
Constitutional Law—Freedom Of Speech And Of The Press—Officials May Censor School-Sponsored Student Speech If Censorship Has Valid Educational Purpose, Charles William Burton
University of Arkansas at Little Rock Law Review
No abstract provided.
Our "Sacred" Constitution - Another View Of The Constitution As Literary Text, Michael Les Benedict
Our "Sacred" Constitution - Another View Of The Constitution As Literary Text, Michael Les Benedict
William & Mary Law Review
No abstract provided.
Response, Lea Brilmayer
Response, Lea Brilmayer
Florida State University Law Review
Professor Brilmayer responds to the commentaries of Professors Laycock, Tushnet, and George.
Playing The Drug-Testing Game: College Athletes, Regulatory Institutions, And The Structures Of Constitutional Argument, John A. Scanlan
Playing The Drug-Testing Game: College Athletes, Regulatory Institutions, And The Structures Of Constitutional Argument, John A. Scanlan
Indiana Law Journal
No abstract provided.
Asking The Right Questions, Lawrence C. George
Asking The Right Questions, Lawrence C. George
Florida State University Law Review
Professor George analyzes what he sees as Professor Brilmayer's major thesis: that neither modern choice of law nor equal protection principles provide a sound basis for jurisdictional doctrine. Concluding that she has failed to consider a possible Critical Legal Studies approach to the problems she poses, he suggests one.
Equality And The Citizens Of Sister States, Douglas Laycock
Equality And The Citizens Of Sister States, Douglas Laycock
Florida State University Law Review
Professor Laycock's commentary is written in response to Lea Brilmayer's article in this edition. Brilmayer and Laycock agree that states owe equal treatment to citizens of sister states, and that the obligation does not extend to the exercise of government power. But Laycock would derive these rules from constitutional text and structural needs of the federal union. He think that Brilmayer's broader political theory is only marginally relevant to their shared conclusion.
State V. Mid-Florida Growers, Inc., 505 So. 2d 592 (Fla. 2d Dca 1987), Jonathan Sjostrom
State V. Mid-Florida Growers, Inc., 505 So. 2d 592 (Fla. 2d Dca 1987), Jonathan Sjostrom
Florida State University Law Review
Constitutional Law-PUBLIC PERIL AND PRIVATE PROPERTY IN THE TAKINGS CLAUSE
Miranda Right-To-Counsel Violations And The Fruit Of The Poisonous Tree Doctrine, Mark S. Bransdorfer
Miranda Right-To-Counsel Violations And The Fruit Of The Poisonous Tree Doctrine, Mark S. Bransdorfer
Indiana Law Journal
No abstract provided.
Constitutional Fact Review: An Essential Exception To Anderson V. Bessemer, Ann Zobrosky
Constitutional Fact Review: An Essential Exception To Anderson V. Bessemer, Ann Zobrosky
Indiana Law Journal
No abstract provided.
The Coercion Test And Conditional Federal Grants To The States, Donald J. Mizerk
The Coercion Test And Conditional Federal Grants To The States, Donald J. Mizerk
Vanderbilt Law Review
In July of 1984 Congress amended the Surface Transportation Assistance Act of 1982' to require the states either to raise their minimum drinking age to twenty-one or forfeit a percentage of their federal highway grant. This congressional action forced the states to make an extremely difficult decision. The states either could enact a law that their residents might not support or forego the federal highway funds that the states desperately needed to complete important highway improvements. Many states were displeased with both options and challenged the constitutionality of Congress' conditional spending program.
The states' legal challenge has initiated renewed discussion …
Bodily Intrusion In Search Of Evidence: A Study In Fourth Amendment Decisionmaking, Michael G. Rogers
Bodily Intrusion In Search Of Evidence: A Study In Fourth Amendment Decisionmaking, Michael G. Rogers
Indiana Law Journal
No abstract provided.
California Federal Savings & Loan Association V. Guerra, 107 S. Ct. 683 (1987), Cathy Miller Seilers
California Federal Savings & Loan Association V. Guerra, 107 S. Ct. 683 (1987), Cathy Miller Seilers
Florida State University Law Review
Employment Law/Constitutional Law-STATE LAWS PERMITTING PREFERENTIAL TREATMENT OF PREGNANT EMPLOYEES UNDER THE PREGNANCY DISCRIMINATION ACT
The Constitution As Text And Rule, Frederick Schauer
The Constitution As Text And Rule, Frederick Schauer
William & Mary Law Review
No abstract provided.
Republicanism And Liberalism In American Constitutional Thought, Morton J. Horwitz
Republicanism And Liberalism In American Constitutional Thought, Morton J. Horwitz
William & Mary Law Review
No abstract provided.
The Concept Of Tradition In Constitutional Historiography, Mark Tushnet
The Concept Of Tradition In Constitutional Historiography, Mark Tushnet
William & Mary Law Review
No abstract provided.
The Ambiguities Of Pledging Faith, H. Jefferson Powell
The Ambiguities Of Pledging Faith, H. Jefferson Powell
William & Mary Law Review
No abstract provided.
Civil Religion And Constitutional Legitimacy, David A.J. Richards
Civil Religion And Constitutional Legitimacy, David A.J. Richards
William & Mary Law Review
No abstract provided.
The Studied Ambiguity Of Horwitz' Legal History, G. Edward White
The Studied Ambiguity Of Horwitz' Legal History, G. Edward White
William & Mary Law Review
No abstract provided.
The New Republicanism, Larry G. Simon