Digital Commons Network^™

Judicial Election Questions Left Unanswered By Justices, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Habeas Corpus Committee - Memoranda, Lewis F. Powell Jr.

Habeas Corpus Committee

No abstract provided.

Takings, Narratives, And Power, Gregory S. Alexander

Cornell Law Faculty Publications

"The Regulatory Takings Problem" is the title given to a story, or narrative, that has become prominent in the literature on just compensation issues. The story is one of power and fear. It is about a perceived imbalance of power between the two groups of actors involved in the process of public land-use regulation--private landowners and government regulators. It depicts scenarios of past or threatened abuse of power by local land-use regulators, and it looks to the takings clause generally and regulatory takings doctrine specifically as crucial corrective devices, essential to set the power imbalance aright. The dominant narrative describes …

Habeas Corpus Committee - Memoranda, Lewis F. Powell Jr.

Habeas Corpus Committee

No abstract provided.

Michigan V. Chesternut And Investigative Pursuits: Is There No End To The War Between The Constitution And Common Sense?, Rachel A. Van Cleave

Publications

Section I of this Comment examines Terry v. Ohio, in which the Supreme Court decided that certain on-the-street encounters between police officers and citizens come within fourth amendment scrutiny. Section II traces the development of standards for determining when a seizure has occurred, that is, when a reasonable person would believe he was not "at liberty to ignore the police presence and go about his business."' In section III, this Comment argues that, when the police chase a citizen, their conduct constitutes a seizure because the citizen is aware of the police's attempt to apprehend him and is therefore …

Approaching The Constitution, Don Herzog

Reviews

These are sumptuously produced, oversized volumes: one pictures them, as I suspect some shrewd accountant at the press did, decorating the shelves of lawyers' offices. Their pages are crammed full of primary texts, two columns on each page, in an alarmingly small but somehow readable typeface. Some texts are bare snippets; others wind on luxuriantly for many pages. The editors have set a cutoff point: no text from after 1835 appears. Like much else about these volumes, that decision reflects a set of theoretical commitments about the Constitution that I want to question. Not that these volumes are explicitly cast …

Is "Internal Consistency" Foolish?: Reflections On An Emerging Commerce Clause Restraint On State Taxation, Walter Hellerstein

Scholarly Works

Before 1983, the Supreme Court had never uttered the phrase "internal consistency" in a state tax opinion. Since 1983, however, the Court has invoked the principle of "internal consistency" on four separate occasions in adjudicating the validity of state taxes under the commerce clause. Indeed, by 1987, the Court could refer almost casually to the "internal consistency" criterion as "the test ... we have applied in other contexts." The Court's talk of "internal consistency" cannot be dismissed as mere rhetoric. Three of the four taxes that have been put to the "internal consistency" test have flunked it; cases approving taxes …

Pro-Lifers Should Appeal To Constitution's Heart, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Procedural Default In Death Penalty Cases: Fundamental Miscarriage Of Justice And Actual Innocence, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Habeas Corpus Committee - Memoranda, Lewis F. Powell Jr.

Habeas Corpus Committee

No abstract provided.

Procedural Default In Death Penalty Cases: Fundamental Miscarriage Of Justice And Actual Innocence,, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.”

Emotional Distress And The First Amendment: An Analysis Of Hustler V. Falwell, Rodney A. Smolla

Faculty Publications

No abstract provided.

The Offshore Constitutional Settlement Western Australia 1988, Fisheries Department Of Western Australia

Fisheries management papers

In June 1987 under the Offshore Constitution Settlement (OCS), the Australian and West Australian State Governments completed the first stage of rationalising jurisdiction over a number of fisheries operating off the West Australian coast. Arrangements under the OCS for West Australian fisheries fall into three catagories: 1. fisheries managed by the State under State law as far seaward as the arrangement specifies. 2. fisheries managed by the West Australian Fisheries Joint Management Authority under State laws in waters were the arrangement applies. 3. fisheries managed by the Commonwealth under Commonwealth law in waters where the arrangement applies. Eleven of the …

The Constitutional Protection Of Freedom Of Religion, Expression, And Association In Canada And The United States: A Comparative Analysis, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.

Racism, Sexism And Gender Orientation In The Law, The Legal Process And In The Legal Profession, J. Clay Smith Jr.

Selected Speeches

No abstract provided.

Is '88 Supreme Court Election Permissible Under Pa. Law?, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Naturalization Ceremony: Dutchess County Bar Association, Roger J. Miner '56

Naturalization Ceremonies

No abstract provided.

Explaining Constitutional Tort Litigation: The Influence Of The Attorney Fees Statute And The Government As Defendant, Stewart J. Schwab, Theodore Eisenberg

Cornell Law Faculty Publications

No abstract provided.

The Prosecutor As "Minister Of Justice", Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Times have changed. Today, prosecutors are on top of the world. Their powers are enormous, and constantly reinforced by sympathetic legislatures and courts. The "awful instruments of the criminal law," as Justice Frankfurter described the system,1 are today supplemented with broad new crimes, easier proof requirements, heavier sentencing laws, and an extremely cooperative judiciary, from district and state judges, to the highest Court in the land.

Justices Don't Own The Constitution, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Developments In Maryland Law, 1986-87 Survey: Constitutional Law, Eric Easton, Lori A. Reinhold, Joseph B. Tétrault

All Faculty Scholarship

No abstract provided.

Habeas Corpus Committee - Memoranda, Lewis F. Powell Jr.

Habeas Corpus Committee

No abstract provided.

Is The Death Penalty Good For Us?, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

The Importance Of Section 1981, Theodore Eisenberg, Stewart J. Schwab

Cornell Law Faculty Publications

Habeas Corpus Committee - Memoranda, Lewis F. Powell Jr.

Habeas Corpus Committee

No abstract provided.

Separating The Strands In Separation Of Powers Controversies, Harold J. Krent

All Faculty Scholarship

No abstract provided.

Adherence To The Original Intentions In Constitutional Adjudication: Three Objections And Responses, Richard Kay

Faculty Articles and Papers

No abstract provided.

Privatization Of Prisons: An Analysis Of The State Action Requirement Of The Fourteenth Amendment And 42 U.S.C. § 1983, Ira Robbins

Articles in Law Reviews & Other Academic Journals

Introduction: The privatization of prisons raises important issues with respect to liability in suits brought by inmates. If a private company operates the prison, the state likely will be directly involved in some aspects of prison life, such as using force when necessary or making quasi-judicial decisions, but it may not be directly involved in the day-to-day operation of the institution. This dichotomy of involvement may lead to con- fusion over responsibility and accountability when a violation of rights is alleged to have occurred. When a private party, as opposed to a government employee, is charged with abridging rights guaranteed …

The Antislavery And Abolitionist Background Of John A. Bingham, Richard L. Aynes

The 39th Congress Project

No abstract provided.

Legislative Enforcement Of Equal Protection, Stephen F. Ross

Journal Articles

This Article explores the legislative role in enforcing the constitutional guarantee to equal protection. Part I describes the underenforcement principle that explains the restrictive judicial exercise of authority in constitutional matters. The Article then focuses on Congress' role in examining issues relating to the constitutional guarantee of equal protection that the courts have chosen to underenforce. Part II analyzes relevant constitutional provisions that may empower or limit congressional actions. Part III considers ways in which Congress can address state violations of equal protection through directives to the judiciary and through the legislative process. Part IV details how both federal and …