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Documents From Carter's Contemplated Use Of Section 3 (1978), Robert J. Lipshutz, Office Of White House Counsel

Executive Branch Materials

Forms drafted in response to the possibility that President Carter might undergo hemorrhoid surgery under anesthesia. Handwritten notes at the end of the document relate to the draft language and the procedures for notifying congressional leaders of the transfer of powers. The author of the notes is unclear.

Statement On Constitutional Conventions, Society Of American Law Teachers

Statements

In 1978, The Board of Governors of the Society of American Law Teachers issued a statement on the issue of calling for a constitutional convention to amend the Constitution.

Board Of Curators Of The University Of Missouri V. Horowitz: Academic Versus Judicial Expertise, R. Lawrence Dessem

Faculty Publications

In Board of Curators of the University of Missouri v. Horowitz' the United States Supreme Court rejected the argument that public university students are constitutionally entitled to a hearing prior to their dismissal from school for academic reasons. In ruling against a former medical student at the University of Missouri-Kansas City, the Court concluded that "the determination whether to dismiss a student for academic reasons requires an expert evaluation of cumulative information and is not readily adapted to the procedural tools of judicial or administrative decisionmaking. ' In this article that conclusion and the several opinions in Horowitz will be …

The Ohio Bill Of Rights, Paul C. Giannelli

Faculty Publications

No abstract provided.

Deprogramming Members Of Religious Sects , John E. Lemoult

Fordham Law Review

No abstract provided.

National League Of Cities V. Usery―The Commerce Power And State Sovereignty Redivivus , Bernard Schwartz

Fordham Law Review

No abstract provided.

Note, A Dialogue On The Political Question Doctrine, Thomas B. Mcaffee, Christopher A. Johnson

Scholarly Works

Legal scholars have generally discussed the political question doctrine as part of the larger debate over the legitimacy of judicial review. Points of discordance aside, scholars have agreed that the doctrine is “a classic technique of judicial avoidance, a way of allowing a governmental decision to stand without involving the Court in supporting its legitimacy.” Thus, debate over the objectives, legitimacy and scope of the doctrine has traditionally proceeded from the unquestioned assumption that there exists a body of law which justifies judicial abstention from deciding some types of issues.

In recent years, however, some scholars have challenged the assumption …

Should The Capital Vote In Congress? A Critical Analysis Of The Proposed D.C. Representation Amendment , U.S. Senator Orrin G. Hatch

Fordham Urban Law Journal

This article describes H.J. Res. 554, the proposed Amendment to obtain voting representation for D.C. It gives a historical overview of the District and its efforts to gain national representation, and presents a critical analysis of the case for District representation, including a summary of the arguments made in favor of the proposed amendment, as well as the constitutional and policy objections to the D.C. Amendment. The article concludes that proponents of the amendment conflate representation of the citizens of the District with representation of the District, and overlook its place as a neutral seat of government.