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Articles 1 - 30 of 46
Full-Text Articles in Entire DC Network
Alaska Equal Protection: Constitutional Law Or Common Law?, Paul E. Mcgreal
Alaska Equal Protection: Constitutional Law Or Common Law?, Paul E. Mcgreal
Alaska Law Review
No abstract provided.
Canon, Anti-Canon, And Judicial Dissent, Richard Primus
Canon, Anti-Canon, And Judicial Dissent, Richard Primus
Duke Law Journal
No abstract provided.
Religious Hybrids In The Lower Courts: Free Exercise Plus Or Constitutional Smoke Screen, William L. Esser Iv
Religious Hybrids In The Lower Courts: Free Exercise Plus Or Constitutional Smoke Screen, William L. Esser Iv
Notre Dame Law Review
No abstract provided.
Eighth Amendment Meanings From The Aba’S Moratorium Resolution, Louis D. Bilionis
Eighth Amendment Meanings From The Aba’S Moratorium Resolution, Louis D. Bilionis
Law and Contemporary Problems
Bilionis argues that the American Bar Association's moratorium resolution on capital punishment doesn't challenge the capacity of the Eighth Amendment.
Sentenced For A “Crime” The Government Did Not Prove: Jones V. United States And The Constitutional Limitations On Factfinding By Sentencing Factors Rather Than Elements Of The Offense, Benjamin J. Priester
Sentenced For A “Crime” The Government Did Not Prove: Jones V. United States And The Constitutional Limitations On Factfinding By Sentencing Factors Rather Than Elements Of The Offense, Benjamin J. Priester
Law and Contemporary Problems
Priester argues that the Constitution does restrict the power of the legislature by requiring that certain facts be proved as elements of the offense. He notes the Supreme Court's missed opportunity in "Jones v. United States" to adopt the test proposed by Justice Scalia.
Post-Mccleskey Racial Discrimination Claims In Capital Cases , John H. Blume, Theodore Eisenberg, Sheri Lynn Johnson
Post-Mccleskey Racial Discrimination Claims In Capital Cases , John H. Blume, Theodore Eisenberg, Sheri Lynn Johnson
Cornell Law Review
No abstract provided.
The Supreme Court As An Enforcement Agency, Harold J. Krent
The Supreme Court As An Enforcement Agency, Harold J. Krent
Washington and Lee Law Review
No abstract provided.
Another Case Of Freedom Vs. Safety: Stretching The First Amendment To Protect The Publication Of Murder Manuals-Bradenburg Need Not Apply?, Robert J. Coursey Iii
Another Case Of Freedom Vs. Safety: Stretching The First Amendment To Protect The Publication Of Murder Manuals-Bradenburg Need Not Apply?, Robert J. Coursey Iii
Georgia State University Law Review
No abstract provided.
Judicial Independence: Playing Politics With The Constitution, Suzanna Sherry
Judicial Independence: Playing Politics With The Constitution, Suzanna Sherry
Georgia State University Law Review
No abstract provided.
Can Judicial Independence Be Attained In The South? Overcoming History, Elections, And Misperceptions About The Role Of The Judiciary, Stephen B. Bright
Can Judicial Independence Be Attained In The South? Overcoming History, Elections, And Misperceptions About The Role Of The Judiciary, Stephen B. Bright
Georgia State University Law Review
No abstract provided.
Alaska Supreme Court, Alaska Court Of Appeals, U.S. District Court Of Appeals For The Ninth Circuit, And U.S. District Court For The District Of Alaska Year In Review, Gregory M. Bair, Mercedes J. Caravello, Michael J. Chiavalloti, Emily J. Grogan
Alaska Supreme Court, Alaska Court Of Appeals, U.S. District Court Of Appeals For The Ninth Circuit, And U.S. District Court For The District Of Alaska Year In Review, Gregory M. Bair, Mercedes J. Caravello, Michael J. Chiavalloti, Emily J. Grogan
Alaska Law Review
No abstract provided.
Researching Georgia Law (1998 Edition), Nancy P. Johnson, Nancy Adams Deel
Researching Georgia Law (1998 Edition), Nancy P. Johnson, Nancy Adams Deel
Georgia State University Law Review
No abstract provided.
Antidiscrimination And Affirmative Action Policies: Economic Efficiency And The Constitution, Edward M. Iacobucci
Antidiscrimination And Affirmative Action Policies: Economic Efficiency And The Constitution, Edward M. Iacobucci
Osgoode Hall Law Journal
This article assesses the economic efficiency of race-based antidiscrimination and affirmative action policies with a view to assessing relevant Canadian and American constitutional law. The article reviews economic arguments about why antidiscrimination laws may be efficient in addressing externalities, in hastening the exit of bigoted employers from the market, and in preventing the potentially inefficient use of race as a proxy for information; affirmative action may be efficient in accounting for differential signaling costs across race. The article concludes that economic analysis supports the approach in section 15 of the Charter which generally bans discriminatory government action, but recognizes that …
Salvaging The Welfare State?: The Prospects For Judicial Review Of The Canada Health & Social Transfer, Lorne Sossin
Salvaging The Welfare State?: The Prospects For Judicial Review Of The Canada Health & Social Transfer, Lorne Sossin
Dalhousie Law Journal
The Canadian Health and Social Transfer ("CHST"), which came into force on April 1, 1996, contains no national standards relating to the quality of social welfare. The goal of this new transfer was to promote provincial flexibility in the sphere of social policy. The author argues that this flexibility may undermine the core of the Canadian welfare state. Given the preoccupation of the provincial and federal governments with devolution, welfare recipients must turn to the judiciary to determine the "bottom line" of the welfare state. The author explores the various constitutional and administrative law grounds on which the federal government's …
Right Not To Be John Garvey , Alan E. Brownstein
Right Not To Be John Garvey , Alan E. Brownstein
Cornell Law Review
No abstract provided.
O'Hare Truck Service, Inc. V. City Of Northlake: Further Limiting The Spoils Of The Victor, Jaimie Johnson
O'Hare Truck Service, Inc. V. City Of Northlake: Further Limiting The Spoils Of The Victor, Jaimie Johnson
Georgia State University Law Review
No abstract provided.
The Right To Participate, Samuel Issacharoff, Pamela S. Karlan, Richard H. Pildes
The Right To Participate, Samuel Issacharoff, Pamela S. Karlan, Richard H. Pildes
Law Quadrangle (formerly Law Quad Notes)
The following essay is excerpted and adapted from The Law of Democracy: Legal Structure of the Political Process, © The Foundation Press, Inc., Westbury, NY (1998). Publication is by permission.
Constitutions are often viewed today as constraints on majoritarian power in the service of minority interests. But constitutional ground rules also create the possibility of ongoing democratic self-government; constitutions establish relatively stable and non-negotiable precommitments that enable generally accepted structures of political competition to emerge and endure.
Despite the centrality of this role for the American Constitution , however, there is paradoxically little that the text or its history offers …
How Much Freedom For Racist Speech?: Transnational Aspects Of A Conflict Of Human Rights, Friedrich Kübler
How Much Freedom For Racist Speech?: Transnational Aspects Of A Conflict Of Human Rights, Friedrich Kübler
Hofstra Law Review
No abstract provided.
Witness Protection In Criminal Cases: Anonymity, Disguise Or Other Options, Nora V. Demleitner
Witness Protection In Criminal Cases: Anonymity, Disguise Or Other Options, Nora V. Demleitner
Scholarly Articles
Not available.
Zschernig V. Miller And The Breard Matter, Frederic L. Kirgis
Zschernig V. Miller And The Breard Matter, Frederic L. Kirgis
Scholarly Articles
Not available.
Mandating English Proficiency For College Instructors: States' Responses To "The Ta Problem", Kenneth King
Mandating English Proficiency For College Instructors: States' Responses To "The Ta Problem", Kenneth King
Vanderbilt Journal of Transnational Law
This Note examines the background, provisions, effects, and constitutionality of state legislation mandating English proficiency assessment for college instructors. Such legislation responds to complaints about the comprehensibility of international instructors--particularly teaching assistants--at U.S. colleges and universities. U.S. universities employ large numbers of international instructors in scientific, technical, and business fields. Such employment is only one aspect of a broader U.S. importation of scientific and technical talent. This Note first considers the background and legitimacy of complaints about international instructors, and then examines the background and details of specific state provisions. It discusses the statutes' effects and particular concerns they raise, …
The Federal System As Bill Of Rights: Original Understandings, Modern Misreadings, Thomas B. Mcaffee
The Federal System As Bill Of Rights: Original Understandings, Modern Misreadings, Thomas B. Mcaffee
Villanova Law Review
No abstract provided.
The Religious Freedom Restoration Act Is A Constitutional Expansion Of Rights, Erwin Chemerinsky
The Religious Freedom Restoration Act Is A Constitutional Expansion Of Rights, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Logic And Legitimacy: The Uses Of Constitutional Argument, Brian Winters
Logic And Legitimacy: The Uses Of Constitutional Argument, Brian Winters
Case Western Reserve Law Review
No abstract provided.
The Treaty Power And American Federalism, Curtis A. Bradley
The Treaty Power And American Federalism, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
Can Constitutional Borrowing Be Justified? A Comment On Tushnet, Matthew D. Adler
Can Constitutional Borrowing Be Justified? A Comment On Tushnet, Matthew D. Adler
Faculty Scholarship
No abstract provided.
Private Religious Choice In German And American Constitutional Law: Government Funding And Government Religious Speech, Ingrid B. Wuerth
Private Religious Choice In German And American Constitutional Law: Government Funding And Government Religious Speech, Ingrid B. Wuerth
Vanderbilt Journal of Transnational Law
We will never face Germany's specific problems of religion and government, arising as they do from its particular history. The sharply contested religion cases from Germany in the late 1990s do, however, point to problems with our growing reliance on private religious choice analysis that demand our attention in both government funding and speech cases. To understand the problems of funding religious groups in neutral programs, we must back up and ask the foundational question: what goals may the government pursue with its funding? The broader those goals are defined, the greater the potential distortion of private religious choice, through …
Constitutional Law: Racial And Political Gerrymandering--Different Problems Require Different Solutions, Robert Redwine
Constitutional Law: Racial And Political Gerrymandering--Different Problems Require Different Solutions, Robert Redwine
Oklahoma Law Review
No abstract provided.
Cases Versus Theory, Richard B. Collins
Authorizing Interpretation, Pierre Schlag