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Constitutional Law

1982

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The Concept Of Property In Private And Constitutional Law: The Ideology Of The Scientific Turn In Legal Analysis, Gregory S. Alexander Dec 1982

The Concept Of Property In Private And Constitutional Law: The Ideology Of The Scientific Turn In Legal Analysis, Gregory S. Alexander

Cornell Law Faculty Publications

In recent academic writing on the general problem of constitutional protection of property under the takings clause and due process clauses, a mode of analysis has emerged that is evidently different from the conventional analysis of constitutional property claims. In general terms, this new mode is characterized by an effort to analyze claims on an openly teleological and systematic basis. To be sure, this mode is not exclusively of recent origin. But it is a discernible trend in the body of scholarship that discusses constitutional protection of property in the context of previously unfamiliar sorts of private economic interests.

Most ...


The Reemergence Of The Right-Privilege Distinction In Constitutional Law: The Price Of Protesting Too Much, Rodney A. Smolla Nov 1982

The Reemergence Of The Right-Privilege Distinction In Constitutional Law: The Price Of Protesting Too Much, Rodney A. Smolla

Scholarly Articles

Not available.


The Supreme Court And Antitrust Law: Remarks On Judicial Restraint In The Context Of Antitrust And Constitutional Law, Rex E. Lee Nov 1982

The Supreme Court And Antitrust Law: Remarks On Judicial Restraint In The Context Of Antitrust And Constitutional Law, Rex E. Lee

BYU Law Review

No abstract provided.


State Income Taxation Of Multijurisdictional Corporations, Part Ii: Reflections On Asarco And Woolworth, Walter Hellerstein Nov 1982

State Income Taxation Of Multijurisdictional Corporations, Part Ii: Reflections On Asarco And Woolworth, Walter Hellerstein

Scholarly Works

The first part of this Article, State Income Taxation of Multiurisdictional Corporations: Reflections on Mobil, Exxon, and H A 5076, did not contemplate a sequel. The Supreme Court's decisions last term in two state corporate income tax cases, however, created an irresistible opportunity to write one. The Court's opinions in ASARC0 and Woolworth picked up where its opinions in Mobil and Exxon left off. Yet the direction taken by these more recent decisions veers sharply from the course ostensibly set by their predecessors. This Article will consider the Court's latest pronouncements in this area in a continuing ...


State Income Taxation Of Multijurisdictional Corporations, Part Ii: Reflections On Asarco And Woolworth, Walter Hellerstein Nov 1982

State Income Taxation Of Multijurisdictional Corporations, Part Ii: Reflections On Asarco And Woolworth, Walter Hellerstein

Michigan Law Review

The first part of this Article, State Income Taxation of Multijurisdictional Corporations: Reflections on Mobil, Exxon, and H.R. 5076, did not contemplate a sequel. The Supreme Court's decisions last term in two state corporate income tax cases, however, created an irresistible opportunity to write one. The Court's opinions in ASARCO and Woolworth picked up where its opinions in Mobil and Exxon left off. Yet the direction taken by these more recent decisions veers sharply from the course ostensibly set by their predecessors. This Article will consider the Court's latest pronouncements in this area in a continuing ...


Warrantless Vehicle Searches And The Fourth Amendment: The Burger Court Attacks The Exclusionary Rule, Steven D. Clymer Nov 1982

Warrantless Vehicle Searches And The Fourth Amendment: The Burger Court Attacks The Exclusionary Rule, Steven D. Clymer

Cornell Law Faculty Publications

No abstract provided.


Prosecutorial Peremptory Challenge Practices In Capital Cases: An Empirical Study And A Constitutional Analysis, Bruce J. Winick Nov 1982

Prosecutorial Peremptory Challenge Practices In Capital Cases: An Empirical Study And A Constitutional Analysis, Bruce J. Winick

Michigan Law Review

As presently construed, the Constitution does not prohibit the death penalty. The states and the federal government may punish the commission of certain crimes with death, so long as the extreme penalty is not imposed on a mandatory basis and so long as the procedures used in imposing a death sentence meet constitutional scrutiny.

A demonstration that the prosecutor used the peremptory challenge in the manner described in a single case probably would be insufficient to support a constitutional challenge in the federal courts and in the vast majority of state courts. In these courts a prosecutor's use of ...


Prosecutorial Vindictiveness In The Criminal Appellate Process: Due Process Protection After United States V. Goodwin, Michigan Law Review Nov 1982

Prosecutorial Vindictiveness In The Criminal Appellate Process: Due Process Protection After United States V. Goodwin, Michigan Law Review

Michigan Law Review

This Note reformulates the doctrine of prosecutorial vindictiveness in light of the distinction drawn in Goodwin between pretrial and posttrial charging decisions. Part I recounts the development of the vindictiveness concept, and argues that in extending the doctrine beyond the factual settings which moved the Supreme Court to fashion its original prophylactic rule, the circuit courts have seriously eroded an essential due process safeguard. Part II critically examines the distinction between pretrial and posttrial charging decisions relied upon in Goodwin. Developing the logical corollary of the Goodwin holding, this Part argues that just as the pretrial situation does not warrant ...


Marsh V. Chambers, Lewis F. Powell Jr. Oct 1982

Marsh V. Chambers, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Affirmative Duty And Constitutional Tort, Michael Wells, Thomas A. Eaton Oct 1982

Affirmative Duty And Constitutional Tort, Michael Wells, Thomas A. Eaton

University of Michigan Journal of Law Reform

This Article argues that the Bowers principle is wrong. It examines the issues of doctrine and policy that bear on the affirmative duty question in constitutional tort and contends that affirmative duties may be imposed even though constitutional rights are generally negative in character, as a matter of federal constitutional common law. It ┬Ědevelops a foundation in doctrine and policy, so far lacking in the opinions, to support these duties and to place proper limits upon them.

Part I identifies issues of tort policy that arise in affirmative duty cases, while Part II addresses the distinctive problems that come up ...


Illinois V. Gates, Lewis F. Powell Jr. Oct 1982

Illinois V. Gates, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Rice V. Rehner, Lewis F. Powell Jr. Oct 1982

Rice V. Rehner, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Texas V. Brown, Lewis F. Powell Jr. Oct 1982

Texas V. Brown, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


City Of Lockhart V. United States, Lewis F. Powell Jr. Oct 1982

City Of Lockhart V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Knotts, Lewis F. Powell Jr. Oct 1982

United States V. Knotts, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Place, Lewis F. Powell Jr. Oct 1982

United States V. Place, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Illinois V. Lafayette, Lewis F. Powell Jr. Oct 1982

Illinois V. Lafayette, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Bob Jones University V. United States, Lewis Powell Jr. Oct 1982

Bob Jones University V. United States, Lewis Powell Jr.

Supreme Court Case Files

No abstract provided.


Barefoot V. Estelle, Lewis F. Powell Jr. Oct 1982

Barefoot V. Estelle, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Zant V. Stephens, Lewis F. Powell Jr. Oct 1982

Zant V. Stephens, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


New Mexico V. Mescalero Apache Tribe, Lewis F. Powell Jr. Oct 1982

New Mexico V. Mescalero Apache Tribe, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Immigration And Naturalization Service V. Chadha, Lewis F. Powell Jr. Oct 1982

Immigration And Naturalization Service V. Chadha, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Pickett V. Brown, Lewis F. Powell Jr. Oct 1982

Pickett V. Brown, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Lehr V. Robertson, Lewis F. Powell Jr. Oct 1982

Lehr V. Robertson, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Constitutional Constraints On The Admissibility Of Grand Jury Testimony: The Unavailable Witness, Confrontation, And Due Process, Barbara L. Strack Oct 1982

Constitutional Constraints On The Admissibility Of Grand Jury Testimony: The Unavailable Witness, Confrontation, And Due Process, Barbara L. Strack

University of Michigan Journal of Law Reform

Defendants, however, have raised serious constitutional objections to the introduction of grand jury testimony when the witness is unavailable to testify at trial. These claims have focused on the confrontation clause of the sixth amendment and the due process clauses of the fifth and fourteenth amendments. Defendants have contended that the introduction of testimony from a grand jury proceeding which cannot be subjected to cross-examination fatally compromises the defendant's right to a fair trial. Lower courts are split over admitting grand jury testimony in these circumstances, and the Supreme Court has yet to rule on the issue. As a ...


The Dimensions Of Seizure: The Concepts Of "Stop" And "Arrest", Richard A. Williamson Oct 1982

The Dimensions Of Seizure: The Concepts Of "Stop" And "Arrest", Richard A. Williamson

Faculty Publications

No abstract provided.


Legislative And Executive Veto Of Rules Of Administrative Agencies: Models And Alternatives, L. Harold Levinson Oct 1982

Legislative And Executive Veto Of Rules Of Administrative Agencies: Models And Alternatives, L. Harold Levinson

William & Mary Law Review

No abstract provided.


The Constitutionality Of The Special Prosecutor Law, Donald J. Simon Oct 1982

The Constitutionality Of The Special Prosecutor Law, Donald J. Simon

University of Michigan Journal of Law Reform

This Article explores the constitutional questions posed by the special prosecutor law and concludes that the law is constitutional. Part I examines the political setting that gave rise to the special prosecutor provisions and discusses the intent of the drafters. Part II explains the precise manner in which the provisions operate and surveys the recent experience under the law. Finally, part III evaluates the constitutional objections raised by critics of the legislation.


The Exclusionary Rule: An Examination Of The Case Law And The Present Posture Of The Florida Supreme Court, Michael Shaw Tammaro Oct 1982

The Exclusionary Rule: An Examination Of The Case Law And The Present Posture Of The Florida Supreme Court, Michael Shaw Tammaro

Florida State University Law Review

No abstract provided.


United States V. Ross And The Container Cases -- Another Chapter In The Police Manual On Search And Seizure, Vincent G. Torpy, Jr. Oct 1982

United States V. Ross And The Container Cases -- Another Chapter In The Police Manual On Search And Seizure, Vincent G. Torpy, Jr.

Florida State University Law Review

No abstract provided.