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Articles 31 - 60 of 316
Full-Text Articles in Entire DC Network
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.
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.
Why The United States Senate Should Not Consent To The Nomination Of Judge Robert H. Bork To Be A Justice Of The Supreme Court, Philip B. Heymann, Fred Wertheimer
Why The United States Senate Should Not Consent To The Nomination Of Judge Robert H. Bork To Be A Justice Of The Supreme Court, Philip B. Heymann, Fred Wertheimer
Cardozo Law Review
No abstract provided.
The Compelling Case Against Robert H. Bork, Stephen Gillers
The Compelling Case Against Robert H. Bork, Stephen Gillers
Cardozo Law Review
No abstract provided.
Robert H. Bork's Civil Rights Record, Gary B. Born
Robert H. Bork's Civil Rights Record, Gary B. Born
Cardozo Law Review
No abstract provided.
The Bork Nomination, Ronald M. Dworkin
The Paradox In Bork's Antitrust Paradox, Leonard Orland
The Paradox In Bork's Antitrust Paradox, Leonard Orland
Cardozo Law Review
No abstract provided.
Bork: The Transformation Of A Conservative Constitutionalist, Philip B. Kurland
Bork: The Transformation Of A Conservative Constitutionalist, Philip B. Kurland
Cardozo Law Review
No abstract provided.
Judge Robert H. Bork's Decisions In Which He Wrote No Opinion: An Analysis Of The Regulatory And Benefit Cases, Robert A. Anthony
Judge Robert H. Bork's Decisions In Which He Wrote No Opinion: An Analysis Of The Regulatory And Benefit Cases, Robert A. Anthony
Cardozo Law Review
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 Concept Of Tradition In Constitutional Historiography, Mark Tushnet
The Concept Of Tradition In Constitutional Historiography, Mark Tushnet
William & Mary Law Review
No abstract provided.
Introduction To 1787: The Constitution In Persepective, Gene R. Nichol
Introduction To 1787: The Constitution In Persepective, Gene R. Nichol
William & Mary Law Review
No abstract provided.
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.
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.
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 …
The Press Clause Constructed In Context: The Journalists' Right Of Access To Places, Tom A. Collins
The Press Clause Constructed In Context: The Journalists' Right Of Access To Places, Tom A. Collins
Faculty Publications
No abstract provided.
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.
Dormant Commerce Clause Claims Under 42 U.S.C. § 1983: Protecting The Right To Be Free Of Protectionist State Action, Gregory A. Kalscheur
Dormant Commerce Clause Claims Under 42 U.S.C. § 1983: Protecting The Right To Be Free Of Protectionist State Action, Gregory A. Kalscheur
Michigan Law Review
This Note will attempt to show that some commerce clause violations should give rise to cognizable section 1983 claims. Two fundamental questions will be addressed: Is the commerce clause the source of any "rights, privileges, or immunities secured by the Constitution?" and if so, Does section 1983 protect whatever "rights, privileges, or immunities" grow out of the commerce clause? Part I will describe the present status of authority on this issue and argue that none of the conflicting opinions have adequately addressed the fundamental questions involved. Part II will demonstrate that the commerce clause does indeed protect a "right[], privilege[ …
Liquor Price Affirmation Statutes And The Dormant Commerce Clause, Ward A. Greenberg
Liquor Price Affirmation Statutes And The Dormant Commerce Clause, Ward A. Greenberg
Michigan Law Review
Part I of this Note examines the current state of the law in the liquor affirmation area. Part II argues that the twenty-first amendment may not be invoked to justify the extraterritorial impact of these statutes. The amendment does not preempt the commerce clause in the liquor area. While it gives the states free rein over liquor internally, it provides no basis for any extraterritorial projection of liquor price regulation. Part III considers the commerce clause analysis of Brown-Forman and argues that any interstate effects of these statutes will cause them to violate the commerce clause. This section argues that …
The First Amendment Jurisprudence Of Judge Robert H. Bork, Michael W. Mcconnell
The First Amendment Jurisprudence Of Judge Robert H. Bork, Michael W. Mcconnell
Cardozo Law Review
No abstract provided.
Preface, Monroe E. Price
Foreword, David Rudenstine
A Speech On The Bicentennial Of The Drafting Of The U.S. Constitution, Arthur R. Landever
A Speech On The Bicentennial Of The Drafting Of The U.S. Constitution, Arthur R. Landever
Law Faculty Presentations and Testimony
Arthur Landever discusses why we celebrate the Constitution on Constitution Day.
Whatever Happened To The "Right To Know?": The Right Of Access To Government-Controlled Information Since Richmond Newspapers On Those Who Don't, Michael Hayes
All Faculty Scholarship
No abstract provided.
A Case Of Treasonous Interpretation, W. T. Brotherton Jr.
A Case Of Treasonous Interpretation, W. T. Brotherton Jr.
West Virginia Law Review
No abstract provided.
The Right Of Revolution: The Development Of The People's Right To Reform Government, Phillip B. Scott
The Right Of Revolution: The Development Of The People's Right To Reform Government, Phillip B. Scott
West Virginia Law Review
No abstract provided.
The Due Process Clause And The Commerce Clause: Two New And Easy Tests For Nexus In Tax Cases, Thomas E. Mchugh, R. Michael Reed
The Due Process Clause And The Commerce Clause: Two New And Easy Tests For Nexus In Tax Cases, Thomas E. Mchugh, R. Michael Reed
West Virginia Law Review
No abstract provided.
Dialectical Federalism: A Tribute To The West Virginia Supreme Court Of Appeals, Gene R. Nichol
Dialectical Federalism: A Tribute To The West Virginia Supreme Court Of Appeals, Gene R. Nichol
West Virginia Law Review
Over the course of the past decade, the West Virginia Supreme Court of Appeals has become something of a controversial institution. Allegedly seeking to "mold state government in its own image,"' the court has issued decisions restructuring the state property tax assessment and appraisal scheme, overseeing the funding of public education, invalidating a gubernatorial veto, expanding tort claims beyond the umbrella of workers compensation, and ordering emergency care for the homeless. As a result, the high court has, perhaps deservedly, "attained a reputation for dramatic intervention in public policy disputes.” As individual exercises of judicial authority, the court's determinations have …