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California V. Ciraolo, Lewis F. Powell Jr.
California V. Ciraolo, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
New York V. Class, Lewis F. Powell Jr.
Prohibiting Prosecutorial Vindictiveness While Protecting Prosecutorial Discretion: Toward A Principled Resolution Of A Due Process Dilemma, C. Peter Erlinder
Prohibiting Prosecutorial Vindictiveness While Protecting Prosecutorial Discretion: Toward A Principled Resolution Of A Due Process Dilemma, C. Peter Erlinder
C. Peter Erlinder
No abstract provided.
Constitutional Law: Roemhild V. State And State V. Popanz: Their Effect On The Constitutionality Of Oklahoma's Compulsory Education Statute, Robert B. Caput
Constitutional Law: Roemhild V. State And State V. Popanz: Their Effect On The Constitutionality Of Oklahoma's Compulsory Education Statute, Robert B. Caput
Oklahoma Law Review
No abstract provided.
Constitutional Law: Roemhild V. State And State V. Popanz: Their Effect On The Constitutionality Of Oklahoma's Compulsory Education Statute, Robert B. Caput
Constitutional Law: Roemhild V. State And State V. Popanz: Their Effect On The Constitutionality Of Oklahoma's Compulsory Education Statute, Robert B. Caput
Oklahoma Law Review
No abstract provided.
Fairness After The Charter: A Rose By Any Other Name?, A. Wayne Mackay
Fairness After The Charter: A Rose By Any Other Name?, A. Wayne Mackay
Articles, Book Chapters, & Popular Press
On at least a short term basis the Charter of Rights and Freedoms has made a significant dent in the Canadian legal landscape. Not only has it produced a veritable cottage industry for practising lawyers and legal academics - it has raised some of the most fundamental questions about which institutions should shape public policy in Canada. The courts have a bold new mandate to measure the acts of the legislative and executive branches of the government against the new standards of the Charter. When these agencies are found wanting, they are to be checked and their illegal actions invalidated. …
"We The People": John Locke, Collective Constitutional Rights, And Standing To Challenge Government Action, Donald L. Doernberg
"We The People": John Locke, Collective Constitutional Rights, And Standing To Challenge Government Action, Donald L. Doernberg
Elisabeth Haub School of Law Faculty Publications
The Article is presented in three Parts. Part I documents the enormous effect that Locke's political philosophy had on the Constitution's Framers and traces the idea of collective rights through Locke's Second Treatise, showing how Locke viewed government as a trustee and society as the settlor-beneficiary that forms and gives legitimacy to the government. Part II reviews the development of the current doctrine of standing and demonstrates how the current standing model creates a class of cases where government may, with impunity, violate the Constitution. Part III demonstrates the anomaly of the Supreme Court's current doctrine in a society founded …
Commentary, Ralph Michael Stein
Commentary, Ralph Michael Stein
Elisabeth Haub School of Law Faculty Publications
During the past year, the Court of Appeals for the Second Circuit decided a number of significant appeals involving constitutional issues. As is generally the case, most of the issues presented to the Second Circuit were also under judicial scrutiny in other federal appellate courts. Four first amendment cases decided by the court—three dealing primarily with freedom of religion and a fourth with freedom of the press—are particularly noteworthy and merit review.
Constitutional Citizenship, Paul Brest
Constitutional Citizenship, Paul Brest
Cleveland State Law Review
Our practices for determining issues of public morality are deeply flawed. We rely too heavily on the Supreme Court of the United States to determine them for us. We give too much responsibility to the Court, and too little to other institutions; we evade our own responsibility as citizens in a democratic polity. The problem is not that too many issues are "constitutionalized," for many of our most important public moral issues are quite properly treated as constitutional questions. The problem, rather, is that we assume that only the Court is authorized to decide, or is capable of deciding, constitutional …
State Sovereignty Under The Burger Court -- How The Eleventh Amendment Survived The Death Of The Tenth: Some Broader Implications Of Atascadero State Hospital V. Scanlon, George D. Brown
George D. Brown
No abstract provided.