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Partial Membership: Aliens And The Constitutional Community, Michael Scaperlanda Feb 1996

Partial Membership: Aliens And The Constitutional Community, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.


S. 1629b The Tenth Amendment Enforcement Act Of 1996: Hearings On S. 1629 Before The Committee On Governmental Affairs 104th Cong. 2d Sess. 232-241 & 247-257, Mary Brigid Mcmanamon Dec 1995

S. 1629b The Tenth Amendment Enforcement Act Of 1996: Hearings On S. 1629 Before The Committee On Governmental Affairs 104th Cong. 2d Sess. 232-241 & 247-257, Mary Brigid Mcmanamon

Mary Brigid McManamon

No abstract provided.


Report Regarding The Implementation Of The American Bar Association's Recommendations And Resolutions Concerning The Death Penalty And Calling For A Moratorium On Executions, Randall T. Coyne, Lyn Entzeroth Dec 1995

Report Regarding The Implementation Of The American Bar Association's Recommendations And Resolutions Concerning The Death Penalty And Calling For A Moratorium On Executions, Randall T. Coyne, Lyn Entzeroth

Randall Coyne

No abstract provided.


The Constitution As An Obstacle To Government Ethics -- Reformist Legislation After National Treasury Employees Union, George D. Brown Dec 1995

The Constitution As An Obstacle To Government Ethics -- Reformist Legislation After National Treasury Employees Union, George D. Brown

George D. Brown

No abstract provided.


Are We That Far Gone?: Due Process And Secret Deportation Proceedings, Michael Scaperlanda Dec 1995

Are We That Far Gone?: Due Process And Secret Deportation Proceedings, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.


Democratizing The Constitution: The Failure Of The Seventeenth Amendment, Christopher H. Hoebeke Dec 1995

Democratizing The Constitution: The Failure Of The Seventeenth Amendment, Christopher H. Hoebeke

Christopher H Hoebeke

No abstract provided.


A Pro-Death, Self-Fulfilling Constitutional Construct: The Supreme Court’S Evolving Standard Of Decency For The Death Penalty, Susan Raeker-Jordan Dec 1995

A Pro-Death, Self-Fulfilling Constitutional Construct: The Supreme Court’S Evolving Standard Of Decency For The Death Penalty, Susan Raeker-Jordan

Susan Raeker-Jordan

In recent Eighth Amendment decisions applying the Cruel and Unusual Punishment Clause to substantive challenges to the death penalty, a plurality of the United States Supreme Court has favored employing only the "evolving standards of decency" test of constitutionality, purportedly because it is an objective measurement of cruelty and unusualness. The Article will show, however, that contrary to the assertions of some Court members, the indicia for ascertaining the evolving standard of decency are far from objective. Rather, the evidence gleaned from he "objective indicia" of legislative enactments and jury sentencing behavior can be and has been rigged to favor ...


New Federalism And Constitutional Criminal Procedure: Are We Repeating The Mistakes Of The Past?, James W. Diehm Dec 1995

New Federalism And Constitutional Criminal Procedure: Are We Repeating The Mistakes Of The Past?, James W. Diehm

James W. Diehm

More than thirty years have passed since the United States Supreme Court made these observations in the landmark case of Mapp v. Ohio." The Court, no doubt, thought it was putting an end to the wrenching problems that developed since it laid the groundwork for the exclusionary rule in Boyd v. United States in 1886. Although the merits of the exclusionary rule have been debated for many years and will be debated for years to come, the advent of the exclusionary rule raised important issues of federalism that were not resolved easily.


H. Jefferson Powell On The American Constitutional Tradition: A Conversation, Randy Lee Dec 1995

H. Jefferson Powell On The American Constitutional Tradition: A Conversation, Randy Lee

Randy Lee

No abstract provided.


Principle, History, And Power: The Limits Of The First Amendment Religion Clauses, Stephen M. Feldman Dec 1995

Principle, History, And Power: The Limits Of The First Amendment Religion Clauses, Stephen M. Feldman

Stephen M. Feldman

This article addresses whether the religion clauses of the U.S. Constitution prohibit the injection of religious values into political debate. I argue that Christianity hegemonically controls American society and culturally oppresses outgroup religions, particularly the prototypical minority religion of Judaism. I critically analyze how the constitutional principle of separation of church and state contributes to the current orientation of power within American society. I approach the problem of Christian social power from three perspectives: symbolic power, structural power, and the relationship between symbolic and structural power.


The Politics Of Postmodern Jurisprudence, Stephen M. Feldman Dec 1995

The Politics Of Postmodern Jurisprudence, Stephen M. Feldman

Stephen M. Feldman

Forms of postmodern interpretivism, including philosophical hermeneutics and deconstruction, assert that we are always and already interpreting. This assertion has provoked numerous scholarly attacks, many of which invoke standard modernist hobgoblins such as textual indeterminacy, solipsism, ethical relativism, and nihilism. From the modernist standpoint, postmodern jurisprudence is either conservative or apolitical because it lacks the foundations necessary for knowledge and critique. In this article, I argue that these modernist attacks not only are mistaken but that they also obscure the potentially radical political ramifications of postmodern interpretivism. Postmodern interpretivism does not lead to an infinite regress of interpretations that undermines ...


Derecho En La Era Digital, Horacio M. Lynch Dec 1995

Derecho En La Era Digital, Horacio M. Lynch

Horacio M. LYNCH

No abstract provided.