Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- UC Law SF (24)
- University of Michigan Law School (20)
- Washington and Lee University School of Law (19)
- Villanova University Charles Widger School of Law (16)
- William & Mary Law School (9)
-
- Brigham Young University Law School (8)
- Duquesne University (7)
- Florida State University College of Law (7)
- University of Arkansas at Little Rock William H. Bowen School of Law (7)
- University of Richmond (7)
- Vanderbilt University Law School (6)
- Cleveland State University (5)
- Case Western Reserve University School of Law (4)
- Pace University (4)
- UIC School of Law (4)
- University at Buffalo School of Law (4)
- University of Kentucky (4)
- West Virginia University (4)
- Fordham Law School (3)
- Notre Dame Law School (3)
- Seattle University School of Law (3)
- SelectedWorks (3)
- University of Georgia School of Law (3)
- Campbell University School of Law (2)
- Columbia Law School (2)
- Cornell University Law School (2)
- Maurer School of Law: Indiana University (2)
- Selected Works (2)
- University of Colorado Law School (2)
- University of Maryland Francis King Carey School of Law (2)
- Keyword
-
- United States Supreme Court (13)
- Constitutional law (11)
- Constitutional Law (8)
- Democracy (6)
- Federal jurisdiction (6)
-
- History (6)
- Legislative power (6)
- United States. Congress (6)
- Death penalty (5)
- Fifth Amendment (5)
- Fourth amendment (5)
- Politics (5)
- Constitutional interpretation (4)
- Freedom of speech (4)
- Government (4)
- Law (4)
- Philosophy (4)
- Religion (4)
- Sixth Amendment (4)
- Supreme Court (4)
- Theology (4)
- United States (4)
- Warren Court (4)
- Civil/Individual Rights covering U.S. (3)
- Confrontation (3)
- Due process (3)
- E.E.O.C. (3)
- First amendment (3)
- Search (3)
- Search and Seizure (3)
- Publication
-
- UC Law Constitutional Quarterly (24)
- Villanova Law Review (16)
- Supreme Court Case Files (15)
- Faculty Publications (13)
- Michigan Law Review (10)
-
- BYU Law Review (8)
- Faculty Scholarship (8)
- University of Arkansas at Little Rock Law Review (7)
- University of Richmond Law Review (7)
- Florida State University Law Review (6)
- University of Michigan Journal of Law Reform (6)
- Buffalo Law Review (4)
- Elisabeth Haub School of Law Faculty Publications (4)
- Kentucky Law Journal (4)
- Ledewitz Papers (4)
- Scholarly Works (4)
- UIC Law Review (4)
- West Virginia Law Review (4)
- Book Chapters (3)
- Cleveland State Law Review (3)
- Duquesne Law Review (3)
- Horacio M. LYNCH (3)
- Journal Articles (3)
- Vanderbilt Journal of Transnational Law (3)
- Vanderbilt Law Review (3)
- All Faculty Scholarship (2)
- American Indian Law Review (2)
- Articles (2)
- Articles by Maurer Faculty (2)
- Campbell Law Review (2)
- Publication Type
Articles 181 - 207 of 207
Full-Text Articles in Entire DC Network
Search, Seizure, And Section 7: Standing From Salvucci To Simpson, Mark H. Adams, George R. Nock
Search, Seizure, And Section 7: Standing From Salvucci To Simpson, Mark H. Adams, George R. Nock
Seattle University Law Review
This article traces the evolution of automatic standing from Jones v. United States to United States v. Salvucci and discusses the approach that has replaced the Jones rule in the Supreme Court. It then discusses the Washington Supreme Court’s continued adherence to the automatic standing rule, despite the Salvucci decision, under the Washington Constitution rather than the fourth amendment. After focusing on the failure of the United States Supreme Court to fashion a standing rule consistent with the Court’s stated purpose for the exclusionary rule, this article urges the Washington court to interpret the state’s constitution in a more consistent, …
Federal Courts And Procedure, Various Editors
Federal Courts And Procedure, Various Editors
Villanova Law Review
No abstract provided.
Constitutional Law, Various Editors
Congressional Limits On Federal Court Jurisdiction - Editor' Preface, Thomas G. Long
Congressional Limits On Federal Court Jurisdiction - Editor' Preface, Thomas G. Long
Villanova Law Review
No abstract provided.
Legislative Proposals To Restrict The Jurisdiction Of The Federal Courts: Are They Wise - Are They Constitutional, Dolores K. Sloviter
Legislative Proposals To Restrict The Jurisdiction Of The Federal Courts: Are They Wise - Are They Constitutional, Dolores K. Sloviter
Villanova Law Review
No abstract provided.
Congressional Retraction Of Federal Court Jurisdiction To Protect The Reserved Powers Of The States: The Helms Prayer Bill And A Return To First Principles, James Mcclellan
Villanova Law Review
No abstract provided.
Congress And The Supreme Court's Jurisdiction, Charles E. Rice
Congress And The Supreme Court's Jurisdiction, Charles E. Rice
Villanova Law Review
No abstract provided.
Symposium Proceedings, Various Editors
The Court Stripping Bills: Their Impact On The Constitution, The Courts, And Congress, Max Baucus, Kenneth R. Kay
The Court Stripping Bills: Their Impact On The Constitution, The Courts, And Congress, Max Baucus, Kenneth R. Kay
Villanova Law Review
No abstract provided.
Constitutional Law - Equal Protection - A Texas Statute Which Withholds State Funds For The Education Of Illegal Alien Children And Permits Local School Districts To Deny Enrollment To Such Children Does Not Further A Substantial State Interest And Therefore Violates The Equal Protection Clause Of The Fourteenth Amendment, Michael P. Gallagher
Villanova Law Review
No abstract provided.
Constitutional Law - The Eighth Amendment - The Eighth Amendment Prohibits The Penalty Of Death For One Who Neither Took Life, Attempted Or Intended To Take Life, Nor Contemplated That Life Would Be Taken, Charles H. Pangburn Iii
Constitutional Law - The Eighth Amendment - The Eighth Amendment Prohibits The Penalty Of Death For One Who Neither Took Life, Attempted Or Intended To Take Life, Nor Contemplated That Life Would Be Taken, Charles H. Pangburn Iii
Villanova Law Review
No abstract provided.
Professor Brest On State Action And Liberal Theory, And A Postscript To Professor Stone, Frank Goodman
Professor Brest On State Action And Liberal Theory, And A Postscript To Professor Stone, Frank Goodman
All Faculty Scholarship
No abstract provided.
Assaults On The Exclusionary Rule: Good Faith Limitations And Damage Remedies, Pierre J. Schlag
Assaults On The Exclusionary Rule: Good Faith Limitations And Damage Remedies, Pierre J. Schlag
Publications
No abstract provided.
Duties And Powers Respecting Foreign Crimes, Daniel H. Derby
Duties And Powers Respecting Foreign Crimes, Daniel H. Derby
Scholarly Works
No abstract provided.
Criminal Procedure, The Burger Court, And The Legacy Of The Warren Court, Jerold H. Israel
Criminal Procedure, The Burger Court, And The Legacy Of The Warren Court, Jerold H. Israel
Book Chapters
During the 1960s, the Warren Court's decisions in the field of criminal procedure were strongly denounced by many prosecutors, police officers, and conservative politicians. Some of these critics were careful in their description of the Warren Court's record. Others let their strong opposition to several of the Court's more highly publicized decisions destroy their perception of the Court's work as a whole.
Beyond The Taking Issue: Emerging Procedural Due Process Issues In Local Landmark Preservation Programs, Samuel A. Turvey
Beyond The Taking Issue: Emerging Procedural Due Process Issues In Local Landmark Preservation Programs, Samuel A. Turvey
Fordham Urban Law Journal
In Penn Central Transportation Co. v. New York City, the United States Supreme Court accorded landmark preservation full legal status. This decision left unanswered questions, one of which is the procedural due process requirements for local designation proceedings. In Historic Green Springs, Inc. v. Bergland, a U.S. District Court set aside a designation as a violation of procedural due process. This comment examines the impact of the Historic Green Springs decision, and focuses on the administration of the New York City landmarks law specifically. The comment argues that ordinances such as New York's are inadequate, and concludes that municipal bodies …
State Prohibitions On Employment Opportunities For Resident Aliens: Legislative Recommendations , Joy B. Peltz
State Prohibitions On Employment Opportunities For Resident Aliens: Legislative Recommendations , Joy B. Peltz
Fordham Urban Law Journal
Resident aliens in the United States are afforded important privileges, such as residing in the United States indefinitely, and seeking employment here. Nevertheless, resident aliens are denied certain job opportunities in states that require United States citizenship as a prerequisite to public employment, or professional or occupational licenses. The Constitutionality of this exclusion has been challenged on equal protection grounds, most recently, by the Supreme Court in Cabell v. Chavez-Salido. In this case, the Court upheld the constitutionality of a California statute, restricting a deputy probation officer position to United States citizens. This case has been hailed as precedent for …
Death-Qualification And The Fireside Induction, Robert M. Berry
Death-Qualification And The Fireside Induction, Robert M. Berry
University of Arkansas at Little Rock Law Review
No abstract provided.
Nineteenth Century Interpretations Of The Federal Contract Clause: The Transformation From Vested To Substantive Rights Against The State , James L. Kainen
Nineteenth Century Interpretations Of The Federal Contract Clause: The Transformation From Vested To Substantive Rights Against The State , James L. Kainen
Faculty Scholarship
During the early nineteenth century, the contract clause served as the fundamental source of federally protected rights against the state. Yet the Supreme Court gradually eased many of the restrictions on state power enforced in the contract clause cases while developing the doctrine of substantive due process after the Civil War. By the end of the nineteenth century, the due process clause had usurped the place of the contract clause as the centerpiece in litigation about individual rights. Most analyses of the history of federally protected rights against the state have emphasized the rise of substantive due process to the …
Article V And The Proposed Federal Constitutional Convention Procedures Bills, Kenneth F. Ripple
Article V And The Proposed Federal Constitutional Convention Procedures Bills, Kenneth F. Ripple
Journal Articles
Article V of the United States Constitution sets forth the respective powers of the states and Congress in the amendment process. At first blush, the amendment process outlined in article V appears uncomplicated and straightforward. Congress can propose amendments and determine whether ratification will be accomplished by state legislatures or state conventions. Three-fourths of the state legislatures or state conventions must ratify a proposed amendment before it becomes part of the Constitution. The history of the amendment process confirms the apparent simplicity of that provision of article V which empowers Congress to propose amendments. To date, all twenty-six amendments have …
Congress And The Supreme Court's Jurisdiction, Charles E. Rice
Congress And The Supreme Court's Jurisdiction, Charles E. Rice
Journal Articles
When a ruling of the supreme court meets with Congressional disfavor there are several remedies available to Congress. If the decision is not on a constitutional level, a later statutory enactment will suffice to reverse or modify the ruling. If, however, the Court's decision is an interpretation of a constitutional mandate, such as the requirement of the fourteenth amendment that legislative districts be apportioned according to population, then a statute could not reverse the decision because the statute itself would be subject to that constitutional mandate as defined by the Court.
The obvious method of reversing a Supreme Court interpretation …
Survey Of Developments In West Virginia Law: 1981
Survey Of Developments In West Virginia Law: 1981
West Virginia Law Review
No abstract provided.
The Court Years, 1939-1975: The Autobiography Of William O. Douglas, James E. Bond
The Court Years, 1939-1975: The Autobiography Of William O. Douglas, James E. Bond
Faculty Articles
This article is a book review that highlights William O. Douglas’s character and temperament, and suggests these very traits made his legacy on the Court a disappointment. Arguing that Douglas was uncommitted to judicial craft and simply championed cases close to his heart. The article bemoans Douglas’s lack of insight into constitutional adjudication, while noting the volumes anecdotal humor, the article cites the autobiography’s disingenuousness as cause to call it a work of fiction.
The Case For Treason, George P. Fletcher
The Case For Treason, George P. Fletcher
Faculty Scholarship
"If this be treason, make the most of it." Patrick Henry had no fear of the ultimate crime against his King. Nor did the burghers of Maryland who set ablaze the Peggy Stewart in Annapolis Harbor. One would think that for us as Americans the crime of treason would carry special significance. Our nation was born in acts of treason. The threat of prosecution made the crime foremost in the mind of the constitutional draftsmen. Indeed, treason is the only crime to find definition in our basic document.
There are other indications that the crime of treason is central to …
Overbreadth, Henry Paul Monaghan
Overbreadth, Henry Paul Monaghan
Faculty Scholarship
The concern in constitutional law with "overbreadth" is generally understood to denote a conscious departure from conventional standing concepts in free-expression cases. Assertedly justified by the special vulnerability of protected expression to impermissible deterrence, overbreadth doctrine invites litigants to attack the facial validity of rules which burden expressive interests. A litigant whose expression is admittedly within the constitutionally valid applications of a statute is permitted to assert the statute's potentially invalid applications with respect to other persons not before the court and with whom the litigant stands in no special relationship. Judicial focus is not on the protected character, vel …
Pennhurst As A Source Of Defenses For State And Local Governments, George D. Brown
Pennhurst As A Source Of Defenses For State And Local Governments, George D. Brown
George D. Brown
No abstract provided.
La Corte Suprema Y Las Libertades Económicas De La Constitución Nacional, Horacio M. Lynch
La Corte Suprema Y Las Libertades Económicas De La Constitución Nacional, Horacio M. Lynch
Horacio M. LYNCH
No abstract provided.