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Articles 1 - 30 of 32
Full-Text Articles in Entire DC Network
Ua12/11/1 Constitution, Wku University Center Board
Ua12/11/1 Constitution, Wku University Center Board
WKU Archives Records
WKU University Center Board constitution as revised December 1990.
Rethinking "Original Intent", David B. Lyons
Rethinking "Original Intent", David B. Lyons
Faculty Scholarship
Although Dred Scott v. Sandford is one of the Supreme Court's most controversial decisions, it is not often taught or read. But its approach to constitutional interpretation is by no means outdated, and its historical importance has not diminished. So it seems a good example to consider.
Second Class Rights? Principles And Compromise In The Charter, Denise G. Réaume, Leslie J. M Green
Second Class Rights? Principles And Compromise In The Charter, Denise G. Réaume, Leslie J. M Green
Dalhousie Law Journal
Minority language rights are both historically and politically central to the Canadian constitution. It is also commonly supposed that they are fundamental rights, rooted in principle, and deserving generous interpretation by the courts. For a time, it seemed that the Supreme Court of Canada shared this view. In the Manitoba Language Reference, for example, they said that "The importance of language rights is grounded in the essential role that language plays in human existence, development and dignity." In Mercure v. A.G. of Saskatchewan they reiterated: "It can hardly be gainsaid that language is profoundly anchored in the human condition. Not …
Federal Preemption Of The Right Of Publicity In Sing-Alike Cases, Leonard A. Wohl
Federal Preemption Of The Right Of Publicity In Sing-Alike Cases, Leonard A. Wohl
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Understanding Civil Procedure, By Gene R. Shreve And Peter Raven-Hansen, William M. Richman
Understanding Civil Procedure, By Gene R. Shreve And Peter Raven-Hansen, William M. Richman
Indiana Law Journal
No abstract provided.
Academic Freedom, Hate Speech, And The Idea Of A University, Rodney A. Smolla
Academic Freedom, Hate Speech, And The Idea Of A University, Rodney A. Smolla
Scholarly Articles
Not available.
Substantive Due Process Analysis And The Lockean Liberal Tradition: Rethinking The Modern Privacy Cases, Jeffrey S. Koehlinger
Substantive Due Process Analysis And The Lockean Liberal Tradition: Rethinking The Modern Privacy Cases, Jeffrey S. Koehlinger
Indiana Law Journal
No abstract provided.
Constitution Of Republic Of Afghanistan, M. Arif Janesh
Constitution Of Republic Of Afghanistan, M. Arif Janesh
Books in English
In the name of Allah, the beneficent, the merciful. The prideful history of our beloved homeland, Afghanistan is enriched, with the heroic struggle of our brave people for independence, national sovereignty, national unity, democracy and social progress.
Restraining The Overly Zealous Advocate: Time For Judicial Intervention, Paul Lowell Haines
Restraining The Overly Zealous Advocate: Time For Judicial Intervention, Paul Lowell Haines
Indiana Law Journal
No abstract provided.
Indonesian Political Developments, 1989-1990, Robert Cribb
Indonesian Political Developments, 1989-1990, Robert Cribb
Robert Cribb
Reviews the years 1989-90 in Indonesian politics, focussing on the politics of secession and the extent to which Indonesia was waiting for the departure of Suharto.
Constitutional Protection Of Freedom Of Expression In The United States As It Affects Defamation Law, Oscar S. Gray
Constitutional Protection Of Freedom Of Expression In The United States As It Affects Defamation Law, Oscar S. Gray
Faculty Scholarship
No abstract provided.
Our Founding Fathers, George C. Wright
Our Founding Fathers, George C. Wright
President Emeritus George C. Wright Speeches
No abstract provided.
Commercial Rights And Constitutional Wrongs, Patricia J. Williams
Commercial Rights And Constitutional Wrongs, Patricia J. Williams
Maryland Law Review
No abstract provided.
Accountability To The Law, Walter F. Mondale
Determining A Standard For Housing Discrimination Under Title Viii, Richard C. Cahn
Determining A Standard For Housing Discrimination Under Title Viii, Richard C. Cahn
Touro Law Review
No abstract provided.
One Nation Indivisible, With Liberty And Justice For All: Lessons From The American Experience For New Democracies, Patricia M. Wald
One Nation Indivisible, With Liberty And Justice For All: Lessons From The American Experience For New Democracies, Patricia M. Wald
Fordham Law Review
No abstract provided.
After We're Gone: A Commentary, Michael A. Middleton
After We're Gone: A Commentary, Michael A. Middleton
Faculty Publications
Professor Bell has placed before us a basic question that must be dealt with by all who wish to resolve the difficulties inherent in governing a free society. That question is one with which the framers of our Constitution grappled and that baffles us still. How does a society effectively govern itself and at the same time guarantee equal liberty for all? More specifically, in the racial context presented by The Chronicle of the Space Traders, when may government act for the benefit of society in a manner that is detrimental to some of its citizens because of their race?
Equality Theory, Marital Rape, And The Promise Of The Fourteenth Amendment, Robin West
Equality Theory, Marital Rape, And The Promise Of The Fourteenth Amendment, Robin West
Georgetown Law Faculty Publications and Other Works
During the 1980s a handful of state judges either held or opined in dicta what must be incontrovertible to the feminist community, as well as to most progressive legal advocates and academics: the so-called marital rape exemption, whether statutory or common law in origin, constitutes a denial of a married woman's constitutional right to equal protection under the law. Indeed, a more obvious denial of equal protection is difficult to imagine: the marital rape exemption denies married women protection against violent crime solely on the basis of gender and marital status. What possibly could be less rational than a statute …
Emergency In The Constitutional Law Of The United States, William B. Fisch
Emergency In The Constitutional Law Of The United States, William B. Fisch
Faculty Publications
In the following report I shall concentrate on the law as pronounced by the United States Supreme Court, which has, within the sphere of judicial competence, the last say on the interpretation of the Constitution. The volume of significant litigation on the subject which stops below the Supreme Court has been relatively light, and the constitutional law declared by the lower courts has played a less significant role than is the case in many other issues. Indeed, as we shall see, the Supreme Court itself has had less to say on the topic than might be hoped for. I shall …
The Constitution, Racial Preference, And The Supreme Court's Institutional Ambivalence: Reflections On Metro Broadcasting, Robert A. Sedler
The Constitution, Racial Preference, And The Supreme Court's Institutional Ambivalence: Reflections On Metro Broadcasting, Robert A. Sedler
Law Faculty Research Publications
No abstract provided.
Organizational Standing In Environmental Litigation, Jeanne A. Compitello
Organizational Standing In Environmental Litigation, Jeanne A. Compitello
Touro Law Review
No abstract provided.
Affordable Housing Forum, Richard F. Bellman, John M. Armentano, Alan Mallach
Affordable Housing Forum, Richard F. Bellman, John M. Armentano, Alan Mallach
Touro Law Review
No abstract provided.
On Checking The Artifacts Of Canaan: A Comment On Levinson's "Confrontation", Thomas L. Shaffer
On Checking The Artifacts Of Canaan: A Comment On Levinson's "Confrontation", Thomas L. Shaffer
Journal Articles
My friend Levinson has been prominent of late among constitutional scholars who use religious metaphors to describe the curious American political experiment. In the image he uses, we lawyers are priests in the practice of a constitutional faith; the federal constitution is our scripture, our creed, and our oath. Levinson, though, is not a television evangelist or street preacher. He is, instead, a theologian. He is unique in the honesty and thoroughness he brings to the discussion-as evidenced here by his looking at the possibility that we priests of the American constitutional faith have another faith to take into account …
Constitutionally Recognizing Court Mandated Arbitration: Paradise Found Or Problems Abound - Firelock Inc. V. District Court, Scott M. Badami
Constitutionally Recognizing Court Mandated Arbitration: Paradise Found Or Problems Abound - Firelock Inc. V. District Court, Scott M. Badami
Journal of Dispute Resolution
This Note will argue that notwithstanding any criticism of the court-annexed arbitration procedure, the Colorado Supreme Court is taking a leadership position in upholding and expanding the role for arbitration, by recognizing that this form of alternative dispute resolution is less expensive, saves judicial time, provides for confidentially, and most importantly, provides the parties with a sense of fairness in the outcome.
The Original Meaning Of The Ninth Amendment, Thomas B. Mcaffee
The Original Meaning Of The Ninth Amendment, Thomas B. Mcaffee
Scholarly Works
This Article presents the case for the residual rights reading of the ninth amendment as against the affirmative rights interpretation. The author evaluates the merits of these opposing views to determine whether the proponents of the new orthodoxy have really made the case for discarding the received reading. This analysis of the recent literature also raises questions about the way in which constitutional scholarship is conducted. The author concludes that the original meaning of the ninth amendment lends critical support to the project of originalist jurisprudence in the individual rights area and undercuts modem claims linking the ninth amendment to …
Pitfalls Of Public Policy: The Case Of Arbitration Agreements, Jeffrey W. Stempel
Pitfalls Of Public Policy: The Case Of Arbitration Agreements, Jeffrey W. Stempel
Scholarly Works
As the juxtaposition of these quotations suggests, judges have long held disparate views on the legitimacy and value of “public policy” considerations as a basis for legal decision making. The popular notion posits that Justice Holmes and legal realists carried the day, making public policy analysis an ordinary part of the adjudication process. The story, of course, is more complex than this legal version of Don Quixote. Many judges and lawyers, including Justice Holmes in other writings, continued to speak of adjudication in more formalist and positivist terms, with most laypersons in apparent agreement. Judge Burroughs' view of public policy …
Constitutionalizing The 'Right To Die', Thomas Wm. Mayo
Constitutionalizing The 'Right To Die', Thomas Wm. Mayo
Faculty Journal Articles and Book Chapters
Following the Supreme Court’s unprecedented acceptance of three abortion cases, and for the first time a case involving the withdrawal of life-sustaining medical treatment in the upcoming 1989 Term, this article addresses the so-called right to die. Specifically, as in Cruzan v. Director, Missouri Department of Health, whether the federal constitutional right of privacy extends to decisions, made on behalf of permanently unconscious patients, to have life-sustaining medical treatment discontinued and, if so, whether a state’s interest in the sanctity of life can override the patient’s privacy right? This article argues that on doctrinal as well as policy grounds, no …
Context, Properties, And Constitutionality Of Nonconsensual Arbitration: A Study Of Four Systems, The, John R. Allison
Context, Properties, And Constitutionality Of Nonconsensual Arbitration: A Study Of Four Systems, The, John R. Allison
Journal of Dispute Resolution
The purpose of this article is to analyze the context, properties, and constitutionality of these instances of nonconsensual arbitration. Although FIFRA data arbitration and the constitutional challenges to which it has been subjected will receive the most extensive study, the other examples also will be explored in some detail. It is first necessary, however, to lay some groundwork. Each of the nonconsensual arbitration systems to be studied, including FIFRA data arbitration, draws the inspiration for its design and operation from contract-based commercial arbitration. To aid in the understanding of the former, Part II discusses the fundamental nature and legal framework …
Brazil's New Constitution: An Exercise In Transient Constitutionalism For A Transitional Society, Keith S. Rosenn
Brazil's New Constitution: An Exercise In Transient Constitutionalism For A Transitional Society, Keith S. Rosenn
Articles
No abstract provided.
Ada Constitution & Bylaws (1990), American Dental Association
Ada Constitution & Bylaws (1990), American Dental Association
Constitution & Bylaws
The ADA Commons Constitution & Bylaws archival collection comprises printed issues of the American Dental Association's Constitution and Bylaws. The collection also includes the ADA Charter and the ADA Code of Ethics issued 1924-1946.