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Constitution

1997

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Institution
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Articles 1 - 30 of 43

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The Constitution, The White House, And The Military Hiv Ban: A New Threshold For Presidential Non-Defense Of Statutes, Chrysanthe Gussis Dec 1997

The Constitution, The White House, And The Military Hiv Ban: A New Threshold For Presidential Non-Defense Of Statutes, Chrysanthe Gussis

University of Michigan Journal of Law Reform

The President's constitutional duty to 'take Care that the Laws be faithfully executed" implies that the President is entrusted with the responsibility to defend those laws against court challenges. On occasion, however, Presidents faced with legislation that they deem unconstitutional have declined to defend that legislation against legal challenges. On February 10, 1996, President Clinton declined to defend a provision included in the National Defense Authorization Act for Fiscal Year 1996 that required discharge from the military of all HIV-positive servicemembers because he believed that the provision violated the Equal Protection Clause of the Fourteenth Amendment. This Note explores ...


Pomobabble: Postmodern Newspeak And Constitutional "Meaning" For The Uninitiated, Dennis W. Arrow Dec 1997

Pomobabble: Postmodern Newspeak And Constitutional "Meaning" For The Uninitiated, Dennis W. Arrow

Michigan Law Review

A parody of postmodern writing.


The Wooster Voice (Wooster, Oh), 1997-11-06, Wooster Voice Editors Nov 1997

The Wooster Voice (Wooster, Oh), 1997-11-06, Wooster Voice Editors

The Voice: 1991-2000

A student environmental group plans to travel to southeastern Ohio to help save Dysart Woods from coal mining encroachment. Changes to the College constitution are debated by the Student Government Association. Nobel Prize Laurate Joseph Taylor came to speak to students on physics as part of a forum series. In light of recent controversy between the Omega greek group and security, many of the letters to the editor defend greek life on campus. Page 7 is a full page advertisement for Discover credit cards. Security attempts to adjust to a rising student crime rate. A feature article looks at the ...


Clarification And Disruption: The Effect Of Gasperini V. Center For Humanities Inc. On The Erie Doctrine , J. Benjamin King Nov 1997

Clarification And Disruption: The Effect Of Gasperini V. Center For Humanities Inc. On The Erie Doctrine , J. Benjamin King

Cornell Law Review

No abstract provided.


Ronald Dworkin's The Moral Reading Of The Constitution: A Critique, Raoul Berger Oct 1997

Ronald Dworkin's The Moral Reading Of The Constitution: A Critique, Raoul Berger

Indiana Law Journal

No abstract provided.


The Empty Circles Of Liberal Justification, Pierre Schlag Oct 1997

The Empty Circles Of Liberal Justification, Pierre Schlag

Michigan Law Review

American liberal thinkers are fascinated with the justification of the liberal state. It is this question of justification that inspires and organizes the work of such leading liberal thinkers as John Rawls, Ronald Dworkin, Frank Michelman, and Bruce Ackerman. The manifest import and prevalence of the question of justification among liberal thinkers makes it possible to speak here of a certain "practice of liberal justification." This practice displays a certain order and certain recursive characteristics. It is composed of a common ontology and a common narrative. It poses for itself a series of recursive intellectual problems answered with a stock ...


Renov. Aclu: Insulating The Internet, The First Amendment, And The Marketplaceof Ideas , Stephen C. Jacques Aug 1997

Renov. Aclu: Insulating The Internet, The First Amendment, And The Marketplaceof Ideas , Stephen C. Jacques

American University Law Review

No abstract provided.


Keeping Your Eye On The Ball: The Significance Of The Revival Of Constitutional Federalism, Mark Tushnet Jul 1997

Keeping Your Eye On The Ball: The Significance Of The Revival Of Constitutional Federalism, Mark Tushnet

Georgia State University Law Review

No abstract provided.


Jack Rakove's Rendition Of Original Meaning, Raoul Berger Jul 1997

Jack Rakove's Rendition Of Original Meaning, Raoul Berger

Indiana Law Journal

No abstract provided.


The Uniform Commercial Code Meets The Seventh Amendment: The Demise Of Jury Trials Under Article 5?, Margaret L. Moses Jul 1997

The Uniform Commercial Code Meets The Seventh Amendment: The Demise Of Jury Trials Under Article 5?, Margaret L. Moses

Indiana Law Journal

No abstract provided.


The Role Of Religion In Public Life And Official Pressure To Participate In Alcoholics Anonymous, Paul E. Salamanca Jul 1997

The Role Of Religion In Public Life And Official Pressure To Participate In Alcoholics Anonymous, Paul E. Salamanca

Law Faculty Scholarly Articles

If religion is an innate aspect of the human experience, it should not be surprising that Alcoholics Anonymous (A.A.), a widely known and arguably religious support group for problem drinkers, has become a common and effective means of combating alcoholism. Also, it should not be surprising that probation officers, parole officers, judges, bar overseers, wardens, and myriad others exercising state authority routinely push individuals toward A.A. Arguably, however, official referral of problem drinkers to A.A. violates current interpretations of the Establishment Clause because of the quasi-religious nature of the program.

Although separationism helps both church and state ...


The Authority Of A Foreign Talisman: A Study Of U.S. Constitutional Practiceas Authority In Nineteenth Century Argentina And The Argentine Elite's Leap Of Faith , Jonathan M. Miller Jun 1997

The Authority Of A Foreign Talisman: A Study Of U.S. Constitutional Practiceas Authority In Nineteenth Century Argentina And The Argentine Elite's Leap Of Faith , Jonathan M. Miller

American University Law Review

No abstract provided.


New York Law School Reporter, April - May 1997, New York Law School May 1997

New York Law School Reporter, April - May 1997, New York Law School

Student Newspapers

No abstract provided.


Montanav. Egelhoff: Voluntary Intoxication, Morality, And The Constitution , Robert J. Mcmanus Apr 1997

Montanav. Egelhoff: Voluntary Intoxication, Morality, And The Constitution , Robert J. Mcmanus

American University Law Review

No abstract provided.


The Rhetorical Constitution Of "Civil Society" At The Founding: One Lawyer's Anxious Vision, Stephen A. Conrad Apr 1997

The Rhetorical Constitution Of "Civil Society" At The Founding: One Lawyer's Anxious Vision, Stephen A. Conrad

Indiana Law Journal

Symposium: Law and Civil Society


The Draw And Drawbacks Of Religious Enclaves In A Constitutional Democracy: Hasidic Public Schools In Kiryas Joel, Judith Lynn Failer Apr 1997

The Draw And Drawbacks Of Religious Enclaves In A Constitutional Democracy: Hasidic Public Schools In Kiryas Joel, Judith Lynn Failer

Indiana Law Journal

Symposium: Law and Civil Society


On Political Boundary Lines, Multiculturalism, And The Liberal State, Sanford Levinson Apr 1997

On Political Boundary Lines, Multiculturalism, And The Liberal State, Sanford Levinson

Indiana Law Journal

Symposium: Law and Civil Society


Civil Society And The American Foundings, Jack P. Greene Apr 1997

Civil Society And The American Foundings, Jack P. Greene

Indiana Law Journal

No abstract provided.


Constitutional Barriers To Smooth Sailing: 14 U.S.C. § 89(A) And The Fourth Amendment, Megan Jaye Kight Apr 1997

Constitutional Barriers To Smooth Sailing: 14 U.S.C. § 89(A) And The Fourth Amendment, Megan Jaye Kight

Indiana Law Journal

No abstract provided.


Going For The Brass Ring: The Case For Same-Sex Marriage , Arthur S. Leonard Mar 1997

Going For The Brass Ring: The Case For Same-Sex Marriage , Arthur S. Leonard

Cornell Law Review

No abstract provided.


Constituição, Soberania E Ditadura Em Carl Schmitt, Ronaldo Porto Macedo Junior Jan 1997

Constituição, Soberania E Ditadura Em Carl Schmitt, Ronaldo Porto Macedo Junior

Ronaldo Porto Macedo Junior

On the basis of a reconstruction of Schmitt's decisionism and of the analysis of its effects on key terms of his conception like democracy, sovereignty and dictatorship, Schmitt'sthought is examined regarding his theoretical and practical positions on the constitutional issues of Weimar's Germany and of National-socialism. Special attention is given to how for him the unity and the hierarchy of the political powers and of the lae demand a strong State and a centralized command instead of a pluralistic balance.


The Empty Circles Of Liberal Justification, Pierre Schlag Jan 1997

The Empty Circles Of Liberal Justification, Pierre Schlag

Pierre Schlag

No abstract provided.


Constitutional Gravity: A Unitary Theory Of Alternative Dispute Resolution And Public Civil Justice, Carl H. Esbeck Jan 1997

Constitutional Gravity: A Unitary Theory Of Alternative Dispute Resolution And Public Civil Justice, Carl H. Esbeck

Faculty Publications

It is often said that America's founding was an experiment in government. Certainly few features of the American constitutional settlement left more to future chance--and were more of a break with existing European patterns--than the Establishment Clause set out in the First Amendment. The new Republic sought to rely on transcendent principles to justify its unpre-cedented advancements in human liberty. Concurrently, the Founders reject ed any official or fixed formulation of these principles, for no public credo was to be established by law. So it is more than just a little ironic that the nation's most cherished human ...


Reflections On The Constitutional Scholarship Of Charles Black: A Look Back And A Look Forward, Samuel J. Levine Jan 1997

Reflections On The Constitutional Scholarship Of Charles Black: A Look Back And A Look Forward, Samuel J. Levine

Scholarly Works

Charles L. Black Jr. has been one of the most important constitutional scholars in the United States for more than four decades. Professor Black's writings have helped shape the debate in a wide variety of constitutional areas, from racial equality and welfare rights to constitutional amendment, impeachment, and the death penalty. In this essay, Levine briefly surveys a number of Professor Black's articles, focusing on two areas of his scholarship: unnamed human rights and racial justice. By analyzing these two topics, which represent, respectively, Black's most recent scholarship and his most significant early work, Levine attempts to ...


Understanding The Establishment Clause: The Perspective Of Constitutional Litigation, Robert A. Sedler Jan 1997

Understanding The Establishment Clause: The Perspective Of Constitutional Litigation, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.


Filartiga's Firm Footing: International Human Rights And Federal Common Law, Ryan Goodman, Derek P. Jinks Jan 1997

Filartiga's Firm Footing: International Human Rights And Federal Common Law, Ryan Goodman, Derek P. Jinks

Fordham Law Review

No abstract provided.


Rethinking The Constitutionality Of The Supreme Court's Preference For Binding Arbitration: A Fresh Assessment Of Jury Trial, Separation Of Powers, And Due Process Concerns, Jean R. Sternlight Jan 1997

Rethinking The Constitutionality Of The Supreme Court's Preference For Binding Arbitration: A Fresh Assessment Of Jury Trial, Separation Of Powers, And Due Process Concerns, Jean R. Sternlight

Scholarly Works

Courts and commentators have typically assumed that binding arbitration is both private and consensual, and that it therefore raises no constitutional concerns. This Article challenges both assumptions and goes on to consider arguments that arbitration agreements may unconstitutionally deprive persons of their right to a jury trial, to a judge, and to due process of law. The author argues first that courts' interpretation of seemingly private arbitration agreements may often give rise to "state action," particularly where courts have used a "preference favoring arbitration over litigation" to construe a contract in a non-neutral fashion. The author next draws on the ...


United States Supreme Court: 1997 Term, Paul C. Giannelli Jan 1997

United States Supreme Court: 1997 Term, Paul C. Giannelli

Faculty Publications

No abstract provided.


Learning From Lincoln, William Michael Treanor Jan 1997

Learning From Lincoln, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

The most arresting aspect of Jack Balkin's thought-provoking paper about the consequences of fidelity to the Constitution is his use of Abraham Lincoln. Professor Balkin offers Lincoln as a prime example of someone blinded by fidelity to the Constitution. Lincoln's fidelity to the Constitution, Balkin tells us, allowed him to make a kind of peace with slavery, to think that it was "not so great an evil that it had to be abolished immediately." This is such a powerful point because, 130 years after Lincoln's assassination, we mourn him still. We mourn him because we miss his ...


Taking Our Actual Constitution Seriously, Thomas D. Eisele Jan 1997

Taking Our Actual Constitution Seriously, Thomas D. Eisele

Faculty Articles and Other Publications

In this review, by concentrating on the general aim of Dworkin's book, I hope to contribute to the discussion this book is sure to generate. What does the "moral reading" of our Constitution amount to, and what alternative do we have to endorsing such a reading? I ask these questions from what I would call a jurisprudential
perspective. For, while I do teach Jurisprudence, I do not teach Constitutional Law, other than some constitutional law themes that find their way into my Property and Wills & Trusts courses. Accordingly, I am not well placed to review the details or
the ...