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Due Process And Fundamental Rights, Martin A. Schwartz Jan 2000

Due Process And Fundamental Rights, Martin A. Schwartz

Scholarly Works

No abstract provided.


State Taxation Of Interstate Commuters: Constitutional Doctrine In Search Of Empirical Analysis, David Schultz Jan 2000

State Taxation Of Interstate Commuters: Constitutional Doctrine In Search Of Empirical Analysis, David Schultz

Touro Law Review

No abstract provided.


On The Meaning And Impact Of The Physician-Assisted Suicide Cases, Yale Kamisar Jan 2000

On The Meaning And Impact Of The Physician-Assisted Suicide Cases, Yale Kamisar

Book Chapters

I read every newspaper article I could find on the meaning and impact of the U.S. Supreme Court's June 1997 decisions in Washington v Glucksberg and Vacco v Quill. I came away with the impression that some proponents of physician-assisted suicide (PAS) were unable or unwilling publicly to recognize the magnitude of the setback they suffered when the Court handed down its rulings in the PAS cases.


The Arbitrary Path Of Due Process, Harry F. Tepker Jr. Jan 2000

The Arbitrary Path Of Due Process, Harry F. Tepker Jr.

Oklahoma Law Review

No abstract provided.


Section 1983 Litigation - Supreme Court Developments, Martin A. Schwartz Jan 2000

Section 1983 Litigation - Supreme Court Developments, Martin A. Schwartz

Touro Law Review

No abstract provided.


Formalism And Realism In Commerce Clause Jurisprudence, Barry Cushman Jan 2000

Formalism And Realism In Commerce Clause Jurisprudence, Barry Cushman

Journal Articles

This Article attempts a reconceptualization of developments in Commerce Clause jurisprudence between the Civil War and World War II by identifying ways in which that jurisprudence was structurally related to and accordingly deeply influenced by the categories of substantive due process and dormant Commerce Clause doctrine. Antecedent dormant Commerce Clause jurisprudence set the terms within which Commerce Clause doctrine was worked out; coordinate developments in substantive due process doctrine set limits upon the scope of Commerce Clause formulations and thus played a critical and underappreciated role in maintaining the federal equilibrium. The subsequent erosion of those due process limitations vastly …