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Articles 1 - 3 of 3
Full-Text Articles in Entire DC Network
Those Indispensable Articles Of Confederation-Stage In Constitutionalism, Passage For The Framers, And Clue To The Nature Of The Constitution, Arthur R. Landever
Those Indispensable Articles Of Confederation-Stage In Constitutionalism, Passage For The Framers, And Clue To The Nature Of The Constitution, Arthur R. Landever
Law Faculty Articles and Essays
The author considers the Articles, first on the world's stage as a landmark. He next treats the Articles as a means of readying the Framers for constitution-making in 1787. The Articles would be a crucible, training ground, and failed model to draw upon. He then discusses the pragmatic and complex legal culture which produced the Articles, and ultimately, our open-textured Constitution.
Containing The Aids Virus . . . Testing . . . Reporting . . . Confidentiality . . . Quarantine . . . Constitutional Considerations, Luann A. Polito
Containing The Aids Virus . . . Testing . . . Reporting . . . Confidentiality . . . Quarantine . . . Constitutional Considerations, Luann A. Polito
Cleveland State Law Review
In addition to illness, disability, and death, AIDS has evoked fear in the hearts and minds of most Americans: fear of the AIDS virus and fear of the unknown. This fear has caused many Americans to act irrationally towards AIDS and its victims. This article will analyze the different legislative acts intended to curtail the spread of the disease and whether these enactments will aid or merely hinder the containment of the AIDS virus. It will illustrate potential conflicts this legislation poses to the AIDS victims' constitutional rights of privacy and liberty. At its conclusion, it will illustrate that with …
Suing A State In Federal Court Under A Private Cause Of Action: An Eleventh Amendment Primer, Donald L. Boren
Suing A State In Federal Court Under A Private Cause Of Action: An Eleventh Amendment Primer, Donald L. Boren
Cleveland State Law Review
A major obstacle facing an attorney, whose client is suing a state in federal court under a right created by a federal law, is the restraints placed on the federal court's jurisdiction by the eleventh amendment to the United States Constitution. The purpose of this article is to provide assistance through this wonderland of eleventh amendment jurisprudence. This article examines three major eleventh amendment issues, plus-and perhaps more importantly-methods of avoiding eleventh amendment litigation. Section I of the article examines the historical evidence on whether the amendment was intended to apply to cases in which a citizen of a state …