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Articles 1501 - 1530 of 1794
Full-Text Articles in Entire DC Network
Freedom Of Speech And The Press
Jurisdiction Of The Supreme Court
Prohibition Against Use Of State Money For Private Undertaking
Prohibition Against Use Of State Money For Private Undertaking
Touro Law Review
No abstract provided.
Prohibition Against Use Of State Money For Private Undertaking
Prohibition Against Use Of State Money For Private Undertaking
Touro Law Review
No abstract provided.
Qualifications Of Governor And Lieutenant-Governor
Qualifications Of Governor And Lieutenant-Governor
Touro Law Review
No abstract provided.
Toward An Abolitionist Interpretation Of The Fourteenth Amendment, Robin West
Toward An Abolitionist Interpretation Of The Fourteenth Amendment, Robin West
Georgetown Law Faculty Publications and Other Works
It is by now an open secret that current interpretations of the meaning of the equal protection clause of the Fourteenth Amendment, and of its relevance and mandate for contemporary problems of racial, gender, and economic justice, are deeply and, in a sense, hopelessly conflicted. The conflict, simply stated, is this: to the current Supreme Court, and to a sizeable and influential number of constitutional theorists, the "equal protection of the laws" guaranteed by the Constitution is essentially a guarantee that the categories delineated by legal rules will be "rational" and will be rationally related to legitimate state ends. To …
"I Vote This Way Because I'M Wrong": The Supreme Court Justice As Epimenides, John M. Rogers
"I Vote This Way Because I'M Wrong": The Supreme Court Justice As Epimenides, John M. Rogers
Law Faculty Scholarly Articles
Possibly the most unsettling phenomenon in the Supreme Court's 1988 term was Justice White's decision to vote contrary to his own exhaustively stated reasoning in Pennsylvania v. Union Gas Co. His unexplained decision to vote against the result of his own analysis lends support to those who argue that law, or at least constitutional law, is fundamentally indeterminate. Proponents of the indeterminacy argument sometimes base their position on the allegedly inescapable inconsistency of decisions made by a multi-member court. There is an answer to the inconsistency argument, but it founders if justices sometimes vote, without explanation, on the basis of …
Beguiled: Free Exercise Exemptions And The Siren Song Of Liberalism, Gerard V. Bradley
Beguiled: Free Exercise Exemptions And The Siren Song Of Liberalism, Gerard V. Bradley
Journal Articles
From all the talk about our religious pluralism—how extensive, indelible, inarbitrable it is—one would expect that establishing one definition of religious liberty would be the mother of all civic disturbances. Wrong. We have a common definition of religious liberty. I can demonstrate our agreement with one exhibit: the immensely broad based denunciation of the 1990 Supreme Court decision, Employment Division v. Smith. Two counsellors at a drug rehabilitation center (Alfred Smith and Galen Black) appealed Oregon’s denial of unemployment benefits. Oregon cited the “misconduct” that led to their discharges. Their “misconduct” consisted of using the hallucinogenic drug peyote. Peyote …
Process Of Constitutional Decision Making, Kenneth F. Ripple
Process Of Constitutional Decision Making, Kenneth F. Ripple
Journal Articles
Over the past decade, our profession has engaged in an intense debate over the proper role of judges in the interpretation of our Constitution. This is not, of course, a new controversy. It has been with us ever since Chief Justice Marshall's decision in Marbury v. Madison.' However, during this last decade, the debate has taken on new dimensions. There is a new range and depth to the inquiry. What began as a discussion largely among members of the academic bar and some members of the judiciary has become a national political issue. Yet the basic question remains: In a …
Academic Freedom, Hate Speech, And The Idea Of A University, Rodney A. Smolla
Academic Freedom, Hate Speech, And The Idea Of A University, Rodney A. Smolla
Scholarly Articles
Not available.
Substantive Due Process Analysis And The Lockean Liberal Tradition: Rethinking The Modern Privacy Cases, Jeffrey S. Koehlinger
Substantive Due Process Analysis And The Lockean Liberal Tradition: Rethinking The Modern Privacy Cases, Jeffrey S. Koehlinger
Indiana Law Journal
No abstract provided.
Emergency In The Constitutional Law Of The United States, William B. Fisch
Emergency In The Constitutional Law Of The United States, William B. Fisch
Faculty Publications
In the following report I shall concentrate on the law as pronounced by the United States Supreme Court, which has, within the sphere of judicial competence, the last say on the interpretation of the Constitution. The volume of significant litigation on the subject which stops below the Supreme Court has been relatively light, and the constitutional law declared by the lower courts has played a less significant role than is the case in many other issues. Indeed, as we shall see, the Supreme Court itself has had less to say on the topic than might be hoped for. I shall …
Constitutional Protection Of Freedom Of Expression In The United States As It Affects Defamation Law, Oscar S. Gray
Constitutional Protection Of Freedom Of Expression In The United States As It Affects Defamation Law, Oscar S. Gray
Faculty Scholarship
No abstract provided.
The Constitution, Racial Preference, And The Supreme Court's Institutional Ambivalence: Reflections On Metro Broadcasting, Robert A. Sedler
The Constitution, Racial Preference, And The Supreme Court's Institutional Ambivalence: Reflections On Metro Broadcasting, Robert A. Sedler
Law Faculty Research Publications
No abstract provided.
On Checking The Artifacts Of Canaan: A Comment On Levinson's "Confrontation", Thomas L. Shaffer
On Checking The Artifacts Of Canaan: A Comment On Levinson's "Confrontation", Thomas L. Shaffer
Journal Articles
My friend Levinson has been prominent of late among constitutional scholars who use religious metaphors to describe the curious American political experiment. In the image he uses, we lawyers are priests in the practice of a constitutional faith; the federal constitution is our scripture, our creed, and our oath. Levinson, though, is not a television evangelist or street preacher. He is, instead, a theologian. He is unique in the honesty and thoroughness he brings to the discussion-as evidenced here by his looking at the possibility that we priests of the American constitutional faith have another faith to take into account …
Accountability To The Law, Walter F. Mondale
Determining A Standard For Housing Discrimination Under Title Viii, Richard C. Cahn
Determining A Standard For Housing Discrimination Under Title Viii, Richard C. Cahn
Touro Law Review
No abstract provided.
'Were There No Appeal': The History Of Review In American Criminal Courts, David Rossman
'Were There No Appeal': The History Of Review In American Criminal Courts, David Rossman
Faculty Scholarship
The contemporary criminal justice system is guided, in large part, from the top down. A great deal of the force that drives the "terrible engine" of the criminal law is supplied by courts that consider cases on review after a defendant has been convicted.
Affordable Housing Forum, Richard F. Bellman, John M. Armentano, Alan Mallach
Affordable Housing Forum, Richard F. Bellman, John M. Armentano, Alan Mallach
Touro Law Review
No abstract provided.
After We're Gone: A Commentary, Michael A. Middleton
After We're Gone: A Commentary, Michael A. Middleton
Faculty Publications
Professor Bell has placed before us a basic question that must be dealt with by all who wish to resolve the difficulties inherent in governing a free society. That question is one with which the framers of our Constitution grappled and that baffles us still. How does a society effectively govern itself and at the same time guarantee equal liberty for all? More specifically, in the racial context presented by The Chronicle of the Space Traders, when may government act for the benefit of society in a manner that is detrimental to some of its citizens because of their race?
Pitfalls Of Public Policy: The Case Of Arbitration Agreements, Jeffrey W. Stempel
Pitfalls Of Public Policy: The Case Of Arbitration Agreements, Jeffrey W. Stempel
Scholarly Works
As the juxtaposition of these quotations suggests, judges have long held disparate views on the legitimacy and value of “public policy” considerations as a basis for legal decision making. The popular notion posits that Justice Holmes and legal realists carried the day, making public policy analysis an ordinary part of the adjudication process. The story, of course, is more complex than this legal version of Don Quixote. Many judges and lawyers, including Justice Holmes in other writings, continued to speak of adjudication in more formalist and positivist terms, with most laypersons in apparent agreement. Judge Burroughs' view of public policy …
The Original Meaning Of The Ninth Amendment, Thomas B. Mcaffee
The Original Meaning Of The Ninth Amendment, Thomas B. Mcaffee
Scholarly Works
This Article presents the case for the residual rights reading of the ninth amendment as against the affirmative rights interpretation. The author evaluates the merits of these opposing views to determine whether the proponents of the new orthodoxy have really made the case for discarding the received reading. This analysis of the recent literature also raises questions about the way in which constitutional scholarship is conducted. The author concludes that the original meaning of the ninth amendment lends critical support to the project of originalist jurisprudence in the individual rights area and undercuts modem claims linking the ninth amendment to …