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Articles 1 - 14 of 14
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Juvenile Curfew Ordinances And The Constitution, Michigan Law Review
Juvenile Curfew Ordinances And The Constitution, Michigan Law Review
Michigan Law Review
Recognizing that a legislature must decide whether to enact a juvenile curfew without the benefit of conclusive data on the effectiveness of such laws, the remainder of this Note will focus primarily upon the constitutional issues raised by such ordinances. The freedom of movement that is limited by a curfew is, it will be argued, an unenumerated right protected by the ninth and fourteenth amendments. The constitutional rights of juveniles, however, -are not necessarily coextensive with those of adults. Certain characteristics of juveniles-in particular, their lesser capacity for reason and self-control-imply that the strength of their right to freedom of …
A Proposal For Revision Of The Florida Constitution: Environmental Rights For Florida Citizens, Martha L. Harrell
A Proposal For Revision Of The Florida Constitution: Environmental Rights For Florida Citizens, Martha L. Harrell
Florida State University Law Review
No abstract provided.
Housing For The Elderly: Constitutional Limitations And Our Obligations, Ed Stafman
Housing For The Elderly: Constitutional Limitations And Our Obligations, Ed Stafman
Florida State University Law Review
No abstract provided.
State Taxation And The Supreme Court: Toward A More Unified Approach To Constitutional Adjudication?, Walter Hellerstein
State Taxation And The Supreme Court: Toward A More Unified Approach To Constitutional Adjudication?, Walter Hellerstein
Michigan Law Review
The first section of this Article examines three recent cases, each addressed to a different constitutional limitation on the scope of state tax power, that may be read as signifying a new approach: Michelin Tire Corp. v. Wages, which concerned the import-export clause; United States v. County of Fresno, which concerned the supremacy clause; and Complete Auto Transit, Inc. v. Brady, which concerned the commerce clause. Section II considers the implications of these decisions and explores -the possibility that they share an underlying doctrinal unity.
Judicial Protection Of Minorities, Terrance Sandalow
Judicial Protection Of Minorities, Terrance Sandalow
Articles
In United States v. Carolene Products Co., Justice Stone suggested by indirection that there "may be narrower scope for operation of the presumption of constitutionality" when courts are called upon to determine the validity "of statutes directed at particular religious . . . or national . . . or racial minorities."' In such cases, he explained, "prejudice against discrete and insular minorities may be a special condition, which tends seriously to curtail the operation of those political processes ordinarily to be relied upon to protect minorities, and which may call for a correspondingly more searching judicial inquiry."' Forty years later, …
Senate Constitution 2-3-77, Kutztown University Of Pennsylvania, Kutztown State College
Senate Constitution 2-3-77, Kutztown University Of Pennsylvania, Kutztown State College
Senate Documents
No abstract provided.
The Constitutionality Of Punitive Damges In Libel Actions, Nicholas J. Jollymore
The Constitutionality Of Punitive Damges In Libel Actions, Nicholas J. Jollymore
Fordham Law Review
No abstract provided.
United States Trust Company Of New York V. New Jersey―The Contract Clause In A Complex Society, Robert A. Mctamaney
United States Trust Company Of New York V. New Jersey―The Contract Clause In A Complex Society, Robert A. Mctamaney
Fordham Law Review
No abstract provided.
Power To Define The Constitutional Rights Of Defendants: Congress And The Federal Courts , Richard A. Givens
Power To Define The Constitutional Rights Of Defendants: Congress And The Federal Courts , Richard A. Givens
Fordham Law Review
No abstract provided.
Reason And The Fourth Amendment―The Burger Court And The Exclusionary Rule , Norman M. Robertson
Reason And The Fourth Amendment―The Burger Court And The Exclusionary Rule , Norman M. Robertson
Fordham Law Review
No abstract provided.
From Washington To Arlington Heights And Beyond: Discriminatory Purpose In Equal Protection Litigation, Robert G. Schwemm
From Washington To Arlington Heights And Beyond: Discriminatory Purpose In Equal Protection Litigation, Robert G. Schwemm
Law Faculty Scholarly Articles
When the Supreme Court decided Washington v. Davis on June 7, 1976, it began a new era in civil rights law. Rejecting the contention that state action is unconstitutional solely because it operates to injure more blacks than whites, the Court held that proof of discriminatory purpose is necessary to establish a claim of racial discrimination under the equal protection clause. In two cases decided the following term—Village of Arlington Heights v. Metropolitan Housing Development Corp. and Castaneda v. Partida—the Court reaffirmed its commitment to the discriminatory purpose requirement, but was badly divided on how to apply the …
Unnatural Acts And The Constitutional Right To Privacy: A Moral Theory , David A. J. Richards
Unnatural Acts And The Constitutional Right To Privacy: A Moral Theory , David A. J. Richards
Fordham Law Review
No abstract provided.
Congressional Power Under The Appointments Clause After Buckley V. Valeo, Michigan Law Review
Congressional Power Under The Appointments Clause After Buckley V. Valeo, Michigan Law Review
Michigan Law Review
This Note examines the constitutional power of Congress to control the selection of government officers. It first discusses the article II grant itself and concludes that the Court in Buckley correctly interpreted that provision to prohibit direct appointment by Congress of officers who are found to possess "significant authority." The Note then explores possible means not explicitly foreclosed in Buckley by which Congress might influence such appointments and argues that these alternatives are restricted by the same constitutional principles that prohibit direct congressional appointments.
Medical Malpractice Mediation Panels: A Constitional Analysis , Edward F. Seavers, Jr.
Medical Malpractice Mediation Panels: A Constitional Analysis , Edward F. Seavers, Jr.
Fordham Law Review
No abstract provided.