Digital Commons Network^™

Gender Equality And Judicial Federalism: The Role Of State Appellate Courts, G. Alan Tarr, Mary Cornelia Porter

UC Law Constitutional Quarterly

No abstract provided.

Jurisdiction Meets The Press: First Amendment Considerations In Jurisdictional Analysis, Karen Havilan

UC Law Constitutional Quarterly

No abstract provided.

A Tribute To Justice Arthur J. Goldberg, Stanley Mosk

UC Law Constitutional Quarterly

No abstract provided.

The Supreme Court Reaches Out And Touches Someone--Fatally, Arthur J. Goldberg

UC Law Constitutional Quarterly

No abstract provided.

Title Vi And The Intent/Impact Debate: A Critical Look At Coextensiveness, Rosemary C. Salomone

UC Law Constitutional Quarterly

No abstract provided.

Death-Qualification And The Fireside Induction, Robert M. Berry

University of Arkansas at Little Rock Law Review

No abstract provided.

The Foreign Affairs Power: The Dames & Moore Case, David F. Forte

Law Faculty Articles and Essays

A second look, however, reveals that in Dames & Moore, the Supreme Court did more than resolve some of the sticky legalities that were part of a serious foreign policy crisis. It also moved the country one step forward towards a strengthened constitutional structuring of the foreign affairs power. …Dames & Moore v. Regan was the test vehicle through which the Supreme Court scrutinized the constitutionality of the settlement with Iran which permitted the release of the American hostages held by that government.…Because the executive orders of two Presidents were the only barriers to Dames & Moore executing its judgment, …

A Graphic Review Of The Free Speech Clause, William W. Van Alstyne

Faculty Scholarship

This work acts as a spring board for the study of the Free Speech Clause of the First Amendment. It builds useful graphical representations of complex constitutional theories from the ground up, allowing students to follow both development and the application of these theories.

Beyond The Taking Issue: Emerging Procedural Due Process Issues In Local Landmark Preservation Programs, Samuel A. Turvey

Fordham Urban Law Journal

In Penn Central Transportation Co. v. New York City, the United States Supreme Court accorded landmark preservation full legal status. This decision left unanswered questions, one of which is the procedural due process requirements for local designation proceedings. In Historic Green Springs, Inc. v. Bergland, a U.S. District Court set aside a designation as a violation of procedural due process. This comment examines the impact of the Historic Green Springs decision, and focuses on the administration of the New York City landmarks law specifically. The comment argues that ordinances such as New York's are inadequate, and concludes that municipal bodies …

State Prohibitions On Employment Opportunities For Resident Aliens: Legislative Recommendations , Joy B. Peltz

Fordham Urban Law Journal

Resident aliens in the United States are afforded important privileges, such as residing in the United States indefinitely, and seeking employment here. Nevertheless, resident aliens are denied certain job opportunities in states that require United States citizenship as a prerequisite to public employment, or professional or occupational licenses. The Constitutionality of this exclusion has been challenged on equal protection grounds, most recently, by the Supreme Court in Cabell v. Chavez-Salido. In this case, the Court upheld the constitutionality of a California statute, restricting a deputy probation officer position to United States citizens. This case has been hailed as precedent for …

A Dissent From The Miranda Dissents: Some Comments On The 'New' Fifth Amendment And The Old 'Voluntariness' Test, Yale Kamisar

Book Chapters

If the several conferences and workshops (and many lunch conversations) on police interrogation and confessions in which I have participated this past summer are any indication, Miranda v. Arizona has evoked much anger and spread much sorrow among judges, lawyers and professors. In the months and years ahead, such reaction is likely to be translated into microscopic analyses and relentless, probing criticism of the majority opinion. During this period of agonizing appraisal and reappraisal, I think it important that various assumptions and assertions in the dissenting opinions do not escape attention.

Criminal Procedure, The Burger Court, And The Legacy Of The Warren Court, Jerold H. Israel

Book Chapters

During the 1960s, the Warren Court's decisions in the field of criminal procedure were strongly denounced by many prosecutors, police officers, and conservative politicians. Some of these critics were careful in their description of the Warren Court's record. Others let their strong opposition to several of the Court's more highly publicized decisions destroy their perception of the Court's work as a whole.

The Expansion Of Federal Legislative Authority, Terrance Sandalow

Book Chapters

During the 190 years since the Constitution's adoption, the legislative authority of the Congress has greatly expanded. In the beginning, Congress's powers were closely circumscribed, but over the years the boundaries by which they were initially confined have been almost entirely obliterated. Congress has ceased to be merely the legislative authority of a federal government; it has for all practical purposes acquired the legislative authority of a unitary nation. Especially in the economic sphere, it is only a small exaggeration to say that Congress now possesses plenary authority.

Of course, Congress need not-and, in fact, does not--exercise all the power …

Standing After Havens Realty: A Critique And An Alternative Framework For Analysis, Paul A. Lebel

Faculty Publications

No abstract provided.

Congressional Retraction Of Federal Court Jurisdiction To Protect The Reserved Powers Of The States: The Helms Prayer Bill And A Return To First Principles, James Mcclellan

Villanova Law Review

No abstract provided.

Constitutional Law - The Eighth Amendment - The Eighth Amendment Prohibits The Penalty Of Death For One Who Neither Took Life, Attempted Or Intended To Take Life, Nor Contemplated That Life Would Be Taken, Charles H. Pangburn Iii

Villanova Law Review

No abstract provided.

A Constitutional Analysis Of The Delaware Director-Consent-To-Service Statute, Susan Grover

Faculty Publications

No abstract provided.

Selective Incorporation Revisited, Jerold H. Israel

Articles

In June 1960 Justice Brennan's separate opinion in Ohio ex re. Eaton v. Price' set forth what came to be the doctrinal foundation of the Warren Court's criminal procedure revolution. Justice Brennan advocated adoption of what is now commonly described as the "selective incorporation" theory of the fourteenth amendment. That theory, simply put, holds that the fourteenth amendment's due process clause fully incorporates all of those guarantees of the Bill of Rights deemed to be fundamental and thereby makes those guarantees applicable to the states. During the decade that followed Ohio ex re. Eaton v. Price, the Court found incorporated …

The Conjurer's Circle--The Fifth Amendment Privilege In Civil Cases, Robert H. Heidt

Articles by Maurer Faculty

No abstract provided.

Prospects For Federalism, Maurice J. Holland

Articles by Maurer Faculty

No abstract provided.

Commentary: Constitutional Law, Joel Gora

Faculty Scholarship

No abstract provided.

Duties And Powers Respecting Foreign Crimes, Daniel H. Derby

Scholarly Works

No abstract provided.

The Case For Treason, George P. Fletcher

Faculty Scholarship

"If this be treason, make the most of it." Patrick Henry had no fear of the ultimate crime against his King. Nor did the burghers of Maryland who set ablaze the Peggy Stewart in Annapolis Harbor. One would think that for us as Americans the crime of treason would carry special significance. Our nation was born in acts of treason. The threat of prosecution made the crime foremost in the mind of the constitutional draftsmen. Indeed, treason is the only crime to find definition in our basic document.

There are other indications that the crime of treason is central to …

Overbreadth, Henry Paul Monaghan

Faculty Scholarship

The concern in constitutional law with "overbreadth" is generally understood to denote a conscious departure from conventional standing concepts in free-expression cases. Assertedly justified by the special vulnerability of protected expression to impermissible deterrence, overbreadth doctrine invites litigants to attack the facial validity of rules which burden expressive interests. A litigant whose expression is admittedly within the constitutionally valid applications of a statute is permitted to assert the statute's potentially invalid applications with respect to other persons not before the court and with whom the litigant stands in no special relationship. Judicial focus is not on the protected character, vel …

The Constitutional Guarantee Of Aboriginal And Treaty Rights, Brian Slattery

Articles & Book Chapters

This paper proposes a workable framework for the application of the constitutional provisions dealing with Aboriginal and treaty rights in Canada.

Pennhurst As A Source Of Defenses For State And Local Governments, George D. Brown

George D. Brown

No abstract provided.

La Corte Suprema Y Las Libertades Económicas De La Constitución Nacional, Horacio M. Lynch

Horacio M. LYNCH

No abstract provided.