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Book Review, Challenging The Hart And Wechsler Paradigm, Mary Brigid Mcmanamon Dec 1994

Book Review, Challenging The Hart And Wechsler Paradigm, Mary Brigid Mcmanamon

Mary Brigid McManamon

No abstract provided.


Vampires Among Us--Does A Grand Jury Subpoena For Blood Violate The Fourth Amendment?, Floralynn Einesman Dec 1994

Vampires Among Us--Does A Grand Jury Subpoena For Blood Violate The Fourth Amendment?, Floralynn Einesman

Floralynn Einesman

The integrity of an individual's person is a cherished value of our society. That we today hold that the Constitution does not forbid the States minor intrusions into an individual's body under stringently limited conditions in no way indicates that it permits more substantial intrusions, or intrusions under other conditions


Marking The Progress Of A Humane Justice: Harry Blackmun's Death Penalty Epiphany, Randall T. Coyne Dec 1994

Marking The Progress Of A Humane Justice: Harry Blackmun's Death Penalty Epiphany, Randall T. Coyne

Randall Coyne

No abstract provided.


Rediscovering The Constitution, Jack Tsen-Ta Lee Dec 1994

Rediscovering The Constitution, Jack Tsen-Ta Lee

Jack Tsen-Ta LEE

The fundamental liberties in our Constitution involve a study of tensions: between an individual's rights and the community's interests, between the role of the judiciary on the one hand and the executive and legislature on the other. How we should interpret them depends on where we think equilibrium should be established. This depends on two main factors. The first is the proper function of the judiciary as laid down by our Constitution, which is discussed in Part I of this article. The second is the nature of our fundamental liberties, for they are worded with varying degrees of ...


Equal Protection And Sexual Orientation, Jack Tsen-Ta Lee Dec 1994

Equal Protection And Sexual Orientation, Jack Tsen-Ta Lee

Jack Tsen-Ta LEE

Equality is the thread running through the fundamental liberties enshrined in our Constitution. ... Equality, expressed in Art 12 of the [Singapore] Constitution, is also a specific right enforceable by the court. The difficulty comes in applying this deceptively simple concept to real-life situations. ... In considering the validity of legislation, Singapore and Malaysian courts have generally favored rational review, a modest conception of equal protection, unlike their American counterparts which have adopted a more expansive reading in the form of strict and intermediate review. This article examines how these three levels of equal protection review operate, and argues that the scheme ...


Arbitrariedad, Horacio M. Lynch Dec 1994

Arbitrariedad, Horacio M. Lynch

Horacio M. LYNCH

No abstract provided.