Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Law (5)
- Constitution (4)
- Constitutional Law (3)
- Federalism (3)
- Stop and frisk (3)
-
- 4th Amendment (2)
- Supreme Court (2)
- 4th amendment (1)
- 521 U.S. 898 (1997) (1)
- Ackerman (1)
- Alien- Citizen Paradox (1)
- Amendment (1)
- Amicus curiae (1)
- Article V (1)
- Assisted Suicide (1)
- Balancing test (1)
- Budget reconciliation (1)
- Citizenship by birthright (1)
- Colonial history (1)
- Commerce (1)
- Constitutional (1)
- Constitutional History (1)
- Dispute (1)
- Distribution of powers (1)
- Doctrine (1)
- Establishment clause (1)
- Everson v. Board of Education (1)
- Federal courts (1)
- Fidelity (1)
- First Amendment (1)
Articles 1 - 19 of 19
Full-Text Articles in Entire DC Network
The Establishment Clause As A Structural Restraint On Governmental Power, Carl H. Esbeck
The Establishment Clause As A Structural Restraint On Governmental Power, Carl H. Esbeck
Faculty Publications
This Article inquires into whether the singular purpose of the Establishment Clause is to secure individual rights, as is conventionally believed, or whether its role is more properly understood as a structural restraint on governmental power. If the Clause is indeed structural in nature, then its task is to negate from the purview of civil governance all matters "respecting an establishment of religion." Conceptualizing the role of the Establishment Clause as either rights-securing or structural has profound consequences for the nation's constitutional settlement concerning the interrelationship of government and religion.
Tribute To Professor Richard B. Tyler, William B. Fisch
Tribute To Professor Richard B. Tyler, William B. Fisch
Faculty Publications
Tribute to Professor Richard B. Tyler
Institutional Analysis And Physicians' Rights After Vacco V. Quill, Larry I. Palmer
Institutional Analysis And Physicians' Rights After Vacco V. Quill, Larry I. Palmer
Faculty Publications
No abstract provided.
Chancellor Kent And The Search For The Elements Of Impeachable Offenses, Michael J. Gerhardt
Chancellor Kent And The Search For The Elements Of Impeachable Offenses, Michael J. Gerhardt
Faculty Publications
No abstract provided.
The Alien-Citizen Paradox And Other Consequences Of U.S. Colonialism, Ediberto Román
The Alien-Citizen Paradox And Other Consequences Of U.S. Colonialism, Ediberto Román
Faculty Publications
This Article examines the United States' 100-year-old failed promise. In addition to detailing the unequal citizenship status of the people of Puerto Rico, this Article examines the role that racial and ethnic-based prejudice has played in this issue. 34 Essentially, this Article seeks to compare the traditional legal and political rhetoric of American inclusiveness and the virtues of U.S. citizenship to the reality of colonialism and the impact white supremacy has had on U.S. colonial history. By addressing the subordinated status of "aliencitizens," this Article illustrates the incompatibility of equality under colonialism. As Congress addresses the question of Puerto Rico's …
A Matter Of Power: Structural Federalism And Separation Doctrine In The Present, Frances Howell Rudko
A Matter Of Power: Structural Federalism And Separation Doctrine In The Present, Frances Howell Rudko
Faculty Publications
Public reaction to the 1823 Supreme Court decision in Green v. Biddle prompted John Marshall’s letter to Henry Clay, who had argued the case as amicus curiae for the defendant. The letter is significant because Marshall, who had been a legislator himself, candidly expresses not only his personal dissatisfaction with the congressional assault on the 1823 decision but also the constitutional basis for his opinion. The significance of Marshall’s extrajudicial opinion becomes more apparent when it is considered in the aftermath of the recent tug-of-war between Congress and the Court which culminated in the decision in City of Boerne v. …
The Constitutionalization Of Law In The United States, William B. Fisch, Richard S. Kay
The Constitutionalization Of Law In The United States, William B. Fisch, Richard S. Kay
Faculty Publications
The constitution is that the federal courts and a majority of state court systems will only entertain a constitutional claim in the context of a concrete dispute involving adversary parties with a specific stake in the outcome, and abstract review in these systems is unknown.
Prying, Spying And Lying: Intrusive Newsgather And What The Law Should Do About Them, Lyrissa Lidsky
Prying, Spying And Lying: Intrusive Newsgather And What The Law Should Do About Them, Lyrissa Lidsky
Faculty Publications
The media's use of intrusive newsgathering techniques poses an increasing threat to individual privacy. Courts currently resolve the overwhelming majority of conflicts in favor of the media. This is not because the First Amendment bars the imposition of tort liability on the media for its newsgathering practices. It does not. Rather, tort law has failed to seize the opportunity to create meaninful privacy protection. After surveying the economic, philosophical, and practical obstacles to reform, this Article proposes to rejuvenate the tort of intrusion to tip the balance between privacy and the press back in privacy's direction. Working within the framework …
Deciding The Stop And Frisk Cases: A Look Inside The Supreme Court's Conference, John Q. Barrett
Deciding The Stop And Frisk Cases: A Look Inside The Supreme Court's Conference, John Q. Barrett
Faculty Publications
In our system of constitutional decision-making, the Supreme Court makes law as an institution in its formal written opinions. The Court and its individual members make their official legal marks in the printed pages of the United States Reports. In June 1968, in Terry v. Ohio and Sibron v. New York, the two decisions that approved the constitutionality under the Fourth Amendment of police stop and frisk practices, the Court filled many official pages with rich discussion. Over the ensuing thirty years, these Court and individual opinions have shaped the course of constitutional analysis in our courts and guided the …
Reconciliation And The Fiscal Constitution: The Anatomy Of The 1995-96 Budget "Train Wreck", Anita S. Krishnakumar
Reconciliation And The Fiscal Constitution: The Anatomy Of The 1995-96 Budget "Train Wreck", Anita S. Krishnakumar
Faculty Publications
Congress originally conceived of the budget reconciliation process as a minor fallback mechanism for bringing one year's tax and spending policy in line with overall budget targets. Reconciliation has since become central to congressional efforts to reduce the federal budget deficit. This Note argues, however, that reconciliation is limited in its capacity to impel significant budgetary reform. The author demonstrates how, in 1995-96, reconciliation caused repeated breakdowns in governmental budget-making, undermining the entire budget process. The author concludes that the legal, institutional, and political constraints inherent in the reconciliation process will continue to constitute powerful obstacles to congressional efforts to …
What’S Good For General Motors: Corporate Speech And The Theory Of Free Expression, Howard M. Wasserman
What’S Good For General Motors: Corporate Speech And The Theory Of Free Expression, Howard M. Wasserman
Faculty Publications
No abstract provided.
State Of Ohio V. Richard D. Chilton And State Of Ohio V. John W. Terry: The Suppression Hearing And Trial Transcripts, John Q. Barrett
State Of Ohio V. Richard D. Chilton And State Of Ohio V. John W. Terry: The Suppression Hearing And Trial Transcripts, John Q. Barrett
Faculty Publications
This appendix to Deciding the Stop and Frisk Cases: A Look Inside the Supreme Court’s Conference, 72 St. John’s L. Rev. 749 (1998), includes Biographical Information on the Participants in the Case; and transcripts of the complete pretrial and trial proceedings in the 1964 criminal prosecutions of Richard Chilton and John Terry, arranged by Prof. Barrett to create the organization reflected in the Table of Contents at the beginning of the appendix. Footnotes were added to provide citations and, in a few instances, to clarify the text. Bracketed material was added to correct obvious slips of the tongue or the …
The Street Locations: Downtown Cleveland, October 31, 1963, John Q. Barrett
The Street Locations: Downtown Cleveland, October 31, 1963, John Q. Barrett
Faculty Publications
This appendix to Deciding the Stop and Frisk Cases: A Look Inside the Supreme Court’s Conference, 72 St. John’s L. Rev. 749 (1998), consists of a map drawn by Jill Dinneen (SJU Law '99), based on Sanborn maps from the 1950s and 1960s, photographs and eyewitness descriptions of downtown Cleveland then and now; and a key to marked locations on the map.
Comment, The Green Aspects Of Printz: The Revival Of Federalism And Its Implications For Environmental Law, Jonathan H. Adler
Comment, The Green Aspects Of Printz: The Revival Of Federalism And Its Implications For Environmental Law, Jonathan H. Adler
Faculty Publications
This Comment reviews the Printz decision in the context of the Supreme Court's recent federalism jurisprudence and assesses its implications for environmental law. Part I provides a brief historical overview of the federal-state relationship in the environmental context and recent Supreme Court decisions on federalism. Part II discusses and evaluates the Printz decision. Part III applies the Supreme Court holdings in Printz and related federalism cases to current environmental policies and identifies federal environmental programs that are constitutionally suspect. Finally, Part IV addresses the public policy concern that limiting the federal government's power in the environmental context will inevitably weaken …
All Or Nothing, Or Maybe Cooperation: Attorney General Power, Conduct, And Judgment In Relation To The Work Of An Independent Counsel, John Q. Barrett
All Or Nothing, Or Maybe Cooperation: Attorney General Power, Conduct, And Judgment In Relation To The Work Of An Independent Counsel, John Q. Barrett
Faculty Publications
This Article considers the allocation of power under the independent counsel law between the Attorney General along with the Department of Justice and the independent counsel whose appointment the Attorney General has triggered. Although the law explicitly transfers much of an Attorney General's lawful power to an independent counsel, it does not go far enough in reallocating that power. Thus, it leaves a fundamental gap between what the current statute purports independent counsel to be and what it actually empowers independent counsel to accomplish. After an introduction in Part I, Part II of this article reviews the current legal provisions, …
Judicial Exclusivity And Political Instability, Neal Devins, Louis Fisher
Judicial Exclusivity And Political Instability, Neal Devins, Louis Fisher
Faculty Publications
No abstract provided.
Commandeering, The Tenth Amendment, And The Federal Requisition Power: New York V. United States Revisited, Erik M. Jensen
Commandeering, The Tenth Amendment, And The Federal Requisition Power: New York V. United States Revisited, Erik M. Jensen
Faculty Publications
The Supreme Court's recent Tenth Amendment decisions, New York v. United States and Printz v. United States, have relied on the original understanding to hold that the Congress may not compel state officials to enact or administer federal programs. We present evidence from the field of taxation that raises questions about the Court's originalist approach to the Tenth Amendment. We explain why the results in New York and Printz are superficially supported by the history of the widely discredited system of requisitions that prevailed under the Articles of Confederation: the Constitution created a system of indirect and direct taxation to …
United States Supreme Court: 1998 Term, Paul C. Giannelli
United States Supreme Court: 1998 Term, Paul C. Giannelli
Faculty Publications
No abstract provided.
Constitutional Fidelity And The Commerce Clause: A Reply To Professor Ackerman, Elizabeth Price Foley, Elizabeth C. Price
Constitutional Fidelity And The Commerce Clause: A Reply To Professor Ackerman, Elizabeth Price Foley, Elizabeth C. Price
Faculty Publications
Can the Constitution be legitimately, albeit implicitly, amended by the Supreme Court? The possibility of implicit constitutional amendment - most forcefully advocated by Professor Bruce Ackerman as "transformative" Supreme Court decisions - has been articulated to justify, legitimate, and entrench various radical reinterpretations of the Constitution, most notably the New Deal Court's vast expansion of the power to regulate commerce. The article concludes that such implicit constitutional amendments are theoretically illegitimate and provide strong disincentives for "We the People" to become politically active in order to "correct" flaws in the original Constitution or interpretations thereof that are deemed no longer …