Digital Commons Network^™

Recognizing Constitutional Freedoms In The Public Schools: Reasserting State And Local Educational Policy And Practive Through Non-Judicial Law, Matthew Hilton

Brigham Young University Education and Law Journal

No abstract provided.

Double Jeopardy And Summary Contempt Prosecutions, David S. Rudstein

All Faculty Scholarship

No abstract provided.

A Response To Professor Choper: Laying Down Another Ladder, Sheri Lynn Johnson

Cornell Law Faculty Publications

No abstract provided.

Abortion Rights In America, Joan R. Bullock

BYU Law Review

No abstract provided.

Justice Blackmun And The "Failed Experiment", William S. Geimer

Capital Defense Journal

No abstract provided.

The Algebra Of Pluralism: Subjective Experience As A Constitutional Variable, Barbara J. Flagg

Vanderbilt Law Review

Adzan Bedonie is a Navajo woman who speaks no English, holds tightly to traditional Navajo beliefs, and lives in a one-room hogan on the wrong side of the line drawn by a federal court to partition Navajo and Hopi lands.' The law that mandates her relocation and thus threatens to sever what for her is a spiritual connection to the land on which she lives offers a potential escape route: Congress provided for a limited number of life estates for older individuals subject to relocation. But Adzan Bedonie, like most elderly Navajo, has not applied for a life estate, because …

The Constitutionality Of High School Graduation Prayers Under Harris V. School District No. 241, Robert Phillips

Brigham Young University Journal of Public Law

No abstract provided.

Suzanna And -The Ninth Amendment, Raoul Berger

BYU Law Review

No abstract provided.

Laws Intentionally Favoring Mainstream Religions: An Unhelpful Comparison To Race, Gary J. Simson

Cornell Law Faculty Publications

No abstract provided.

Taking The Fifth: Reconsidering The Origins Of The Constitutional Privilege Against Self-Incrimination, Eben Moglen

Michigan Law Review

The purpose of this essay is to cast doubt on two basic elements of the received historical wisdom concerning the privilege as it applies to British North America and the early United States. First, early American criminal procedure reflected less tenderness toward the silence of the criminal accused than the received wisdom has claimed. The system could more reasonably be said to have depended on self-incrimination than to have eschewed it, and this dependence increased rather than decreased during the provincial period for reasons intimately connected with the economic and social context of the criminal trial in colonial America.

Second, …

Conference On The 1992 Cable Tv Act - 1994, Wendy J. Gordon

Scholarship Chronologically

The CITI conference organizers have asked me to address the constitutionality of sections 12 and 19 of the new Cable Television Act. Speaking quite generally, these provisions purport to promote competition in the distribution of programming by prohibiting certain exclusive licenses and by prohibiting certain behaviors that could lead to exclusive licenses.

Rico's Latest Victim—Social Protest, Bruce Ledewitz

Ledewitz Papers

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

Cohen V. Cowles Media And Its Significance For First Amendment Law And Journalism, Jerome A. Barron

William & Mary Bill of Rights Journal

No abstract provided.

Incorporating The Suspension Clause: Is There A Constitutional Right To Federal Habeas Corpus For State Prisoners?, Jordan Steiker

Michigan Law Review

In the early 1960s, the Supreme Court adopted generous standards governing federal habeas petitions by state prisoners. At that time, the Court suggested, rather surprisingly, that its solicitude toward such petitions might be constitutionally mandated by the Suspension Clause, the only provision in the Constitution that explicitly refers to the "Writ of Habeas Corpus." Now, thirty years later, the Court has essentially overruled those expansive rulings, and Congress has considered, though not yet enacted, further limitations on the availability of the writ. Despite these significant assaults on the habeas forum, the constitutional argument appears to have been entirely abandoned. The …

Turner Broadcasting V. Fcc: A First Amendment Challenge To Cable Television Must-Carry Rules, Marc Peritz

William & Mary Bill of Rights Journal

No abstract provided.

A Matter Of Opinion: Milkovich Four Years Later, Kathryn Dix Sowle

William & Mary Bill of Rights Journal

No abstract provided.

The H-Bomb And The First Amendment, Erwin Knoll

William & Mary Bill of Rights Journal

No abstract provided.

Whither The Press: The Fourth Estate And The Journalism Of Blame, Gerald G. Ashdown

William & Mary Bill of Rights Journal

No abstract provided.

Is Electrocution An Unconstitutional Method Of Execution? The Engineering Of Death Over The Century, Deborah W. Denno

William & Mary Law Review

No abstract provided.

"Buying Up Speech": Active Government And The Terms Of The First Amendment And Fourteenth Amendments, William T. Mayton

William & Mary Bill of Rights Journal

No abstract provided.

Double Jeopardy All Over Again: Dual Sovereignty, Rodney King, And The Aclu, Susan Herman

Faculty Scholarship

No abstract provided.

The Legitimacy Of The Constitutional Judge And Theories Of Interpretation In The United States, Richard Kay, William B. Fisch

Faculty Articles and Papers

The paper addresses the sources of legitimacy of a judge exercising the power to declare acts of government invalid on constitutional grounds, and their relationship to theories of interpretation of the constitutional texts. In perhaps no other country is the legitimacy of the constitutional judge a more important issue than in the United States. Constitutional judicial review of acts of the government has had, and continues to have, a profound effect on the extent and character of public action. The constitutional decisions of the courts govern, to a significant degree, some of the most intensely controversial questions of public policy. …

Naturalization Ceremonies, United States District Court, Albany, Ny, Roger J. Miner '56

Legal History

No abstract provided.

Through The Looking Glass: What Abortion Teaches Us About American Politics, Neal Devins

Faculty Publications

No abstract provided.

The Second Adoption Of The Free Exercise Clause: Religious Exemptions Under The Fourteenth Amendment, Kurt T. Lash

Law Faculty Publications

This Article explores the proposition that the Free Exercise Clause was adopted a second time through its incorporation into the Privileges or Immunities Clause of the Fourteenth Amendment and that the scope of the new Free Exercise Clause was intended to include protections un-anticipated at the Founding. Contrary to Jeffersonian notions of separate spheres, the nation by the time of Reconstruction had experienced decades of clashes resulting from the overlapping concerns of religion and government. In particular, the suppression of slave religion called into question the government's power to interfere, even indirectly, with legitimate religious exercise. Accordingly, the Privileges or …

What's Really Wrong With The Supreme Court Of Pennsylvania, Bruce Ledewitz

Ledewitz Papers

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

The Admission Of Hearsay Evidence Where Defedant Misconduct Causes The Unavailability Of A Prosecution Witness, Paul T. Markland

American University Law Review

No abstract provided.

Our Conflicting Judgements About Pornography, Kent Greenfield

American University Law Review

No abstract provided.

The Public Interest And The Unconstitutionality Of Private Prosecutors, John Bessler

All Faculty Scholarship

This article discusses the history of private and public prosecution in the United States, including standards governing prosecutorial ethics. It argues that the use of private prosecutors is unethical and violative of defendants' constitutional rights. In particular, the article asserts that the use of such prosecutors violates due process principles and creates, at the very least, an unacceptable appearance of impropriety. The article contends that the public's interest in not having its members erroneously charged or convicted in the criminal process outweighs an interested party's right to retain a private prosecutor as set forth in some state laws. In addition …

Connecticut V. Doehr And Procedural Due Process Requirements For Prejudgment Remedies: The Sniadach Tetrad Revisited, Linda Beale

Law Faculty Research Publications

No abstract provided.