Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Constitutional law (132)
- Federal government (57)
- Supreme Court (41)
- Constitution. 1st Amendment (38)
- Firearms--Law and legislation (36)
-
- United States (31)
- Freedom of speech (27)
- Separation of powers (27)
- Equality before the law--United States (23)
- Judicial review (22)
- Law--Interpretation and construction (22)
- Civil rights (21)
- Due process of law (20)
- Equality before the law (20)
- Gun control (20)
- Constitution. 2nd Amendment (18)
- Constitutional history (17)
- Executive power (17)
- Race discrimination (17)
- Courts (16)
- United States. Congress (15)
- Constitutional law--United States. (14)
- Interstate commerce--Law and legislation--United States. (14)
- Judicial power (14)
- Judicial process (14)
- Human rights (13)
- Democracy (12)
- International law (12)
- Constitution (11)
- Constitution. 14th Amendment (11)
- Publication Year
Articles 361 - 390 of 391
Full-Text Articles in Entire DC Network
Congressional Power And Free Speech: Levy’S Legacy Revisited, William W. Van Alstyne
Congressional Power And Free Speech: Levy’S Legacy Revisited, William W. Van Alstyne
Faculty Scholarship
No abstract provided.
Whose Rights? What Danger?, Michael E. Tigar
Whose Rights? What Danger?, Michael E. Tigar
Faculty Scholarship
No abstract provided.
First Amendment Limitations On Recovery From The Press—An Extended Comment On “The Anderson Solution”, William W. Van Alstyne
First Amendment Limitations On Recovery From The Press—An Extended Comment On “The Anderson Solution”, William W. Van Alstyne
Faculty Scholarship
No abstract provided.
Notes On A Bicentennial Constitution: Part I, Processes Of Change, William W. Van Alstyne
Notes On A Bicentennial Constitution: Part I, Processes Of Change, William W. Van Alstyne
Faculty Scholarship
With the approach of the Bill of Rights bicentennial, this paper takes the cause for celebration as an equally important occasion for critique. This work argues that the most distinguishing aspects of our Constitution are not the Bill of Rights, federalism, and separation of powers, but rather the availability of judicial review, the political insulation of federal judges, and the limited mechanisms available for constitutional change.
A Graphic Review Of The Free Speech Clause, William W. Van Alstyne
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.
Constitutionalism, Bureaucracy, And Corporatism, Lawrence G. Baxter
Constitutionalism, Bureaucracy, And Corporatism, Lawrence G. Baxter
Faculty Scholarship
No abstract provided.
The First Amendment And The Free Press: A Comment On Some New Trends And Some Old Theories, William W. Van Alstyne
The First Amendment And The Free Press: A Comment On Some New Trends And Some Old Theories, William W. Van Alstyne
Faculty Scholarship
Responding to the trend of media rights being subjugated through the legal process, this article examines Justice Stewart's suggestion that the media should be treated with extra deference in First Amendment cases. This examination looks at the sufficiency of the press's claim of judicial harshness, whether the press should be treated differently than other speakers, and also compares press freedom in foreign nations.
Equality For Individuals Or Equality For Groups: Implications Of The Supreme Court Decision In The Manhart Case, William W. Van Alstyne
Equality For Individuals Or Equality For Groups: Implications Of The Supreme Court Decision In The Manhart Case, William W. Van Alstyne
Faculty Scholarship
This commentary breaks down the case of the City of Los Angeles Department of Water and Power v. Manhart and discusses what effects the Supreme Court's decision will have when Title VII is applied to university employers, particularly in their relationship with TIAA-CREF
A Preliminary Report On The Bakke Case, William W. Van Alstyne
A Preliminary Report On The Bakke Case, William W. Van Alstyne
Faculty Scholarship
This comment breaks down the variety of opinions in the Bakke case and discusses the immediate implications the decision may have on the academic community.
Parole Revocation And The Right To Counsel, Paul W. Grimm
Parole Revocation And The Right To Counsel, Paul W. Grimm
Faculty Scholarship
No abstract provided.
A Political And Constitutional Review Of United States V. Nixon, William W. Van Alstyne
A Political And Constitutional Review Of United States V. Nixon, William W. Van Alstyne
Faculty Scholarship
This comparison of United States v. Nixon and the Pentagon Papers case finds the greatest similarity and significance shared by the two cases was the anti-climactic nature of their conclusions. While both cases concerned constitutional questions of the highest order, centered around the scope of the executive power, both cases were drawn on such narrow grounds that there was hardly any effect on constitutional law doctrine.
President Nixon: Toughing It Out With The Law, William W. Van Alstyne
President Nixon: Toughing It Out With The Law, William W. Van Alstyne
Faculty Scholarship
This paper examines President Nixon's handling of the Watergate scandal, arguing that Nixon's stance of "toughing it out with the law" was a common ploy used during his administration to extend the breadth of the issue in question. This expansion deflected attention away from the issue of the Constitutional limits on a president's power and was used to justify a broad spectrum of powers Nixon exercised during his presidency.
The New Confrontation—Hearsay Dilemma, Frank T. Read
The New Confrontation—Hearsay Dilemma, Frank T. Read
Faculty Scholarship
No abstract provided.
The Grand Jury As The New Inquisition, Michael E. Tigar, Madeline R. Levy
The Grand Jury As The New Inquisition, Michael E. Tigar, Madeline R. Levy
Faculty Scholarship
No abstract provided.
Judicial Power, The “Political Question Doctrine,” And Foreign Relations, Michael E. Tigar
Judicial Power, The “Political Question Doctrine,” And Foreign Relations, Michael E. Tigar
Faculty Scholarship
No abstract provided.
The Tentative Emergence Of Student Power In The United States, William W. Van Alstyne
The Tentative Emergence Of Student Power In The United States, William W. Van Alstyne
Faculty Scholarship
No abstract provided.
New Frontiers, Michael E. Tigar
The Constitutional Rights Of Public Employees: A Comment On The Inappropriate Uses Of An Old Analogy, William W. Van Alstyne
The Constitutional Rights Of Public Employees: A Comment On The Inappropriate Uses Of An Old Analogy, William W. Van Alstyne
Faculty Scholarship
Beginning with Justice Douglass's assertion that the State is bound in the same ways when acting as an employer as it is when acting as a governing body, this examination delves deeper to determine how this doctrine actually limits the government when it acts as an employer. This article endorses the theory of examining these limits not in the context of if the government is allowed to enforce them in the public sphere, but if the government may mandate such limits in the private sphere
A Constitution For Every Man, William W. Van Alstyne
A Constitution For Every Man, William W. Van Alstyne
Faculty Scholarship
No abstract provided.
Labor Law Decisions Of The Supreme Court, October Term 1967-68, Charles H. Livengood Jr.
Labor Law Decisions Of The Supreme Court, October Term 1967-68, Charles H. Livengood Jr.
Faculty Scholarship
No abstract provided.
The Student As University Resident, William W. Van Alstyne
The Student As University Resident, William W. Van Alstyne
Faculty Scholarship
This examination argues that the position that a student’s rights are determined by whether he lives on or off-campus is unraveled by the institution’s position as a state actor. This article disposes of the notion that the university is equivalent to a landlord in property and contract rights and discusses how this distinction affects students’ rights.
The Judicial Trend Toward Student Academic Freedom, William W. Van Alstyne
The Judicial Trend Toward Student Academic Freedom, William W. Van Alstyne
Faculty Scholarship
This analysis references the growing likelihood that even “private” colleges and universities may be viewed as state actors due to these institutions growing reliance on public funds and their performance of what is often considered a public function. Under this treatment, this examination discusses the growing sphere of student rights.
The Demise Of The Right-Privilege Distinction In Constitutional Law, William W. Van Alstyne
The Demise Of The Right-Privilege Distinction In Constitutional Law, William W. Van Alstyne
Faculty Scholarship
The right-privilege distinction, as it appeared in an early statement by Justice Holmes, has long hampered individuals within the public sector in protecting themselves against arbitrary governmental action. In this article Professor Van Alstyne reviews the uses and misuses to which the "privilege" concept has been put and then examines those doctrines whose flanking attacks have gradually eroded its efficacy. But none of these doctrines comes to grips with Holmes' basic idea of a "privilege" to which substantive due process is inapplicable. Applying Holmes' own jurisprudence, the author argues that the concept of "privilege" is today no longer viable, and …
Book Review, William W. Van Alstyne
Book Review, Ira Michael Heyman, Michael E. Tigar
Book Review, Ira Michael Heyman, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Book Review, William W. Van Alstyne
Book Review, William W. Van Alstyne
Faculty Scholarship
This review of "The Supreme Court on Trial" by Charles Hyneman, questions why the work’s tackling the age-old issues of the source of judicial review and its constitutionality is particularly novel or unique from other such examinations. Issue is also taken with Brown v. Board of Educaion's dominance of such discussion and the book’s poor treatment of the desegregation cases.
Book Review, William W. Van Alstyne
Book Review, William W. Van Alstyne
Faculty Scholarship
This review champions the editor’s use of Mr. Justice Black’s own opinions in showcasing his emphasis of the emancipating aspects of the Constitution. This work cautions the reader to avoid relying on this compilation as an accurate depiction of the state of the law, especially considering that most of the included opinions are dissents.
Procedural Due Process And State University Students, William W. Van Alstyne
Procedural Due Process And State University Students, William W. Van Alstyne
Faculty Scholarship
This examination seeks to address the problems both universities and students confront regarding the growth of student expression. It is noted that contemporary students sometimes have fewer rights than petty criminals and this article explores the common reasons behind universities’ abbreviated procedures and reconcile those reasons with students’ emerging Fourteenth Amendment rights.
Executive Privilege In The Federal Courts, Paul Hardin Iii
Executive Privilege In The Federal Courts, Paul Hardin Iii
Faculty Scholarship
No abstract provided.
The O’Meara Case And Constitutional Requirements Of State Anti-Discrimination Housing Laws, William W. Van Alstyne
The O’Meara Case And Constitutional Requirements Of State Anti-Discrimination Housing Laws, William W. Van Alstyne
Faculty Scholarship
Against the backdrop of the highly criticized O’Meara case, this comment explores the possible rational bases a state could use to support a differentiation between publicly-assisted and unassisted home owners. This comment also addresses the question of how substantial that rational bases must be in order to survive the requirements of equal protection.