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Articles 1 - 30 of 78
Full-Text Articles in Entire DC Network
The Concept Of Property In Private And Constitutional Law: The Ideology Of The Scientific Turn In Legal Analysis, Gregory S. Alexander
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
The Reemergence Of The Right-Privilege Distinction In Constitutional Law: The Price Of Protesting Too Much, Rodney A. Smolla
Scholarly Articles
Not available.
Warrantless Vehicle Searches And The Fourth Amendment: The Burger Court Attacks The Exclusionary Rule, Steven D. Clymer
Warrantless Vehicle Searches And The Fourth Amendment: The Burger Court Attacks The Exclusionary Rule, Steven D. Clymer
Cornell Law Faculty Publications
No abstract provided.
State Income Taxation Of Multijurisdictional Corporations, Part Ii: Reflections On Asarco And Woolworth, Walter Hellerstein
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 if quixotic effort …
New Mexico V. Mescalero Apache Tribe, Lewis F. Powell Jr.
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.
Immigration And Naturalization Service V. Chadha, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Bob Jones University V. United States, Lewis Powell Jr.
Bob Jones University V. United States, Lewis Powell Jr.
Supreme Court Case Files
No abstract provided.
Zant V. Stephens, Lewis F. Powell Jr.
Barefoot V. Estelle, Lewis F. Powell Jr.
Barefoot V. Estelle, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Mueller V. Allen, Lewis F. Powell Jr.
Lehr V. Robertson, Lewis F. Powell Jr.
Illinois V. Lafayette, Lewis F. Powell Jr.
Illinois V. Lafayette, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
United States V. Place, Lewis F. Powell Jr.
United States V. Place, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
United States V. Knotts, Lewis F. Powell Jr.
United States V. Knotts, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Texas V. Brown, Lewis F. Powell Jr.
Illinois V. Gates, Lewis F. Powell Jr.
Marsh V. Chambers, Lewis F. Powell Jr.
City Of Lockhart V. United States, Lewis F. Powell Jr.
City Of Lockhart V. United States, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Rice V. Rehner, Lewis F. Powell Jr.
The Dimensions Of Seizure: The Concepts Of "Stop" And "Arrest", Richard A. Williamson
The Dimensions Of Seizure: The Concepts Of "Stop" And "Arrest", Richard A. Williamson
Faculty Publications
No abstract provided.
Affirmative Duty And Constitutional Tort, Michael L. Wells, Thomas A. Eaton
Affirmative Duty And Constitutional Tort, Michael L. Wells, Thomas A. Eaton
Scholarly Works
The Constitution ordinarily places only negative restrictions on government and does not require affirmative acts to assist individuals. The statutory vehicle for most constitutional tort litigation, 42 U.S.C. section 1983, echoes this constitutional principle. It extends liability to "[e]very person who ... [under color of state law] subjects, or causes to be subjected, any ... person" to the deprivation of federal rights, and makes no provision for a duty on governmental defendants to stop others from harming the plaintiff.
For some courts this principle disposes of affirmative duty claims forthwith. A noteworthy example is the recent seventh circuit case Bowers …
A Wishful Thinker's Rehearing In The Hague Case, Frederic L. Kirgis
A Wishful Thinker's Rehearing In The Hague Case, Frederic L. Kirgis
Scholarly Articles
Not available.
Years Of Infamy, J. Clay Smith Jr.
The Media In The Courtroom: Attending, Reporting, Televising Criminal Cases, Paul Marcus
The Media In The Courtroom: Attending, Reporting, Televising Criminal Cases, Paul Marcus
Faculty Publications
No abstract provided.
The Collateral Use Of Uncounseled Misdemeanor Convictions After Scott And Baldasar, David S. Rudstein
The Collateral Use Of Uncounseled Misdemeanor Convictions After Scott And Baldasar, David S. Rudstein
All Faculty Scholarship
No abstract provided.
Causation In Constitutional Torts, Thomas A. Eaton
Causation In Constitutional Torts, Thomas A. Eaton
Scholarly Works
The issue of causation is fundamental to every constitutional tort action. Money damages are not recoverable unless the defendant is found to have caused the plaintiff to be deprived of a constitutional right and that deprivation is the cause of some harm. In several recent decisions the Supreme Court has seized upon the language of causation as a means of restricting constitutional tort liability. In Monell v. Department of Social Services, for example, the Court based its rejection of respondeat superior on the implicit meaning of the term "causes." The concept of causation in a constitutional tort context thus requires …
A Critique Of John Hart Ely's Quest For The Ultimate Constitutional Interpretivism Of Representative Democracy, James E. Fleming
A Critique Of John Hart Ely's Quest For The Ultimate Constitutional Interpretivism Of Representative Democracy, James E. Fleming
Faculty Scholarship
Contemporary constitutional theory, John Hart Ely argues in Democracy and Distrust, is dominated by a false dichotomy between "clause-bound interpretivism" and "noninterpretivism." Clausebound interpretivists, such as the late Justice Hugo Black, believe that "judges deciding constitutional issues should confine themselves to enforcing norms that are stated or clearly implicit in the written Constitution" (p. 1). Noninterpretivists, such as the Supreme Court that produced the majority opinion in Roe v. Wade,2 contend that "courts should go beyond that set of references and enforce [substantive] norms that cannot be discovered within the four comers of the document" (p. 1). The genius of …
Regulating Pornography: Recent Legal Trends, Alan C. Weinstein
Regulating Pornography: Recent Legal Trends, Alan C. Weinstein
Law Faculty Articles and Essays
Since the Supreme Court's 1976 decision in Young v. American Mini Theaters, Inc., 427 U.S. 50 (1976) local governments have been permitted to single out adult bookstores and theaters for special regulatory treatment.' In the wake of Young, many municipalities enacted "pornography zoning" ordinances based on the Detroit dispersion model. Observing this trend in 1978, the Harvard Law Review noted that these municipalities were interpreting Young as approving pornography zoning as constitutionally acceptable "in nearly all circumstances." 2 This interpretation seemed incorrect, however, to the Review's editors: "Detroit's pornography zoning was found to satisfy three established First Amendment criteria; future …
Justice O'Connor Replaces Justice Stewart: What Effect On Constitutional Cases?, Charles D. Kelso
Justice O'Connor Replaces Justice Stewart: What Effect On Constitutional Cases?, Charles D. Kelso
McGeorge School of Law Scholarly Articles
No abstract provided.
The Assertion Of Constitutional Jus Tertii: A Substantive Approach, Robert Allen Sedler
The Assertion Of Constitutional Jus Tertii: A Substantive Approach, Robert Allen Sedler
Law Faculty Research Publications
No abstract provided.