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The Rise And Fall Of The "Doctrine" Of Separation Of Powers, Philip B. Kurland

Michigan Law Review

As the Constitution of the United States nears its two hundredth anniversary, there is a frenzy of celebration. However awesome the accomplishment, I submit that it is no slander to recognize that the 1787 document was born of prudent compromise rather than principle, that it derived more from experience than from doctrine, and that it was received with an ambivalence in no small part attributable to its ambiguities. Indeed, its most stalwart supporters doubted its capacity for a long life. It should not be surprising, then, that even today there is disagreement over whether the Constitution of 1787 is now …

Preventative Pretrial Detention And The Failure Of Interest-Balancing Approaches To Due Process, Albert W. Alschuler

Michigan Law Review

This article, echoing Highmore's treatise of 1783, maintains that neither a legitimate nor a very important governmental interest can justify preventive detention in the absence of significant proof of past wrongdoing or an inability to control one's behavior. Both the Supreme Court's neglect of this issue and Congress' similar neglect in the preventive detention provisions of the Federal Bail Reform Act of 1984 reveal the extent to which cost-benefit analysis has captured American law and threatened core concepts of individual dignity.

The article does not oppose all forms of preventive pretrial detention. To the contrary, it recognizes that the detention …

Miranda And The State Constitution: State Courts Take A Stand, Mary A. Crossley

Vanderbilt Law Review

This Note examines how state courts have interpreted state constitutional guarantees of the privilege against self-incrimination independently of the Supreme Court's construction of the fifth amendment. Part II focuses on the historical and theoretical underpinnings of state constitutional law and examines state courts'renewed reliance on their state constitutions. Part III discusses the Supreme Court's interpretation of the fifth amendment in Miranda and its progeny. Part IV presents the states' response to Supreme Court holdings and surveys state court decisions interpreting state constitutions' self-incrimination provisions more broadly than the fifth amendment. Finally, Part V examines the potential for further growth in …

The Putative Father's Due Process Rights To Notice And A Hearing: In Re Baby Boy Doe, Carl Belliston

BYU Law Review

No abstract provided.

Chaining Or Taming?: The Constitutional Allocation Of War Powers (Review Of: To Chain The Dog Of War: The War Power Of Congress In History And Law By Francis D. Wormuth And Edwin B. Firmage), Constance K. Lundberg

BYU Law Review

No abstract provided.

The Decency Of Capital Punishment For Minors: Contemporary Standards And The Dignity Of Juveniles, Lawrence A. Vanore

Indiana Law Journal

No abstract provided.

Public Rights And The Federal Judicial Power: From Murray's Lessee Through Crowell To Schor, Gordon G. Young

Buffalo Law Review

No abstract provided.

The Exclusionary Rule: Not The "Expressed Juice Of The Woolly-Headed Thistle", Keith A. Fabi

Buffalo Law Review

No abstract provided.

Hijacking Trials Overseas: The Need For An Article Iii Court, Maryellen Fullerton

William & Mary Law Review

No abstract provided.

The Regulated Practice Of The Jailhouse Lawyer

Washington and Lee Law Review

No abstract provided.

Constraints Of Power: The Constitutional Opinions Of Judges Scalia, Bork, Posner, Easterbrook And Winter, James G. Wilson

University of Miami Law Review

No abstract provided.

Tort Claims Against Churches And Ecclesiastical Officers: The First Amendment Considerations, Carl H. Esbeck

West Virginia Law Review

No abstract provided.

En El Nombre De Dios--The Sanctuary Movement: Development And Potential For First Amendment Protection, Carl W. Levander

West Virginia Law Review

No abstract provided.

Equality, Ideology And Oppression: Women And Thecanadian Charter Of Rights And Freedoms, N Colleen Sheppard

Dalhousie Law Journal

The major objective of this article is to contribute to an understanding of the potential impact of the equality provisions of the Canadian Charter of Rights and Freedoms2 on the lives of women. This requires an awareness of the realities of women's inequality in our society, an understanding of the legal conceptualization of equality, and a consideration of the role of "law" in remedying societal injustice. My focus in this article is on the second concern-that is, on legal theories of equality as they relate to women. I begin with a brief outline of the conflicting ideological approaches that infuse …

Sexual Orientation As A Human Rights Issue Incanada 1969-1985, Philip Girard

Dalhousie Law Journal

Equality is a protean concept. Even if one has taken a position on the equality of opportunity versus equality of outcomes debate, there remains the problem of deciding what equality means in particular contexts: racial equality, equality between the sexes, between those with and without mental or physical disability, and so on. Finally, there is the issue of which groups in society are entitled to "equality", whatever it may mean. Given the open-ended nature of the equality guarantees contained in section 15 of Canada's Charter of Rights and Freedoms, it is clear that groups other than those specifically mentioned therein …

Judging And Equality: Quis Custodiet Ipsos Custodes?, Edward J. Mcbride

Dalhousie Law Journal

"Equality," like law, politics, and life itself, displays myriad aspects. Reflections on equality, therefore, must take many differentforms, as this volume will subsequently demonstrate. Now that Canada has entrenched equality as a constitutional value, facets of the issue seem to proliferate, almost without end. Questions abound: Will the equality guarantees be confined to public action only? What constitutes public action? Will the enumerated categories protected against discrimination be supplemented by incorporation of unenumerated categories? Will a conventional liberal point of view inform the development of equality under the Charter? What part will a crystallizing feminist perspective play in the process? …

The Idea Of The "Private": A Discussion Of Stateaction Doctrine And Separate Sphere Ideology, Hester Lessard

Dalhousie Law Journal

This essay is a discussion of the formalization in law of a dichotomy between a natural, private order on the one hand, and a public sphere of state action and citizenship on the other. The discussion takes place in the context of equality rights and of the philosophical tensions that underlie the delineation of rights in general. Two legal phenomena are examined: state action doctrine as it has developed in American equal protection jurisprudence under the Fourteenth Amendment and separate sphere ideology as a rationalization for sexual discrimination. Under each doctrine, judicial denial of relief is predicated on a pre-ordained …

The Constitutionality Of Sobriety Checkpoints

Washington and Lee Law Review

No abstract provided.

The Right Of Access To Navigable Waters-Compensability Under Eminent Domain

Washington and Lee Law Review

No abstract provided.

The Reconstruction Amendments' Debates. Edited By Alfred Avins, Robert M. Ireland

Washington and Lee Law Review

No abstract provided.

Judging And Equality: For Whom Does The Chartertoll?, A Wayne Mackay

Dalhousie Law Journal

While it may be in questionable taste to begin an article on equality with a poem that uses "man" in the global sense, John Donne's words do evoke a sense of community that feminists would applaud.' The tension between an individualistic and communitarian approach to the world is crucial to how equality will be defined in Canada. Violations of equality diminish the rights and dignity of all Canadians and not just the particular individuals or the specific groups who are the immediate victims of inequality. This recognition is only the beginning of the complex task of defining equality as guaranteed …

Prostitution And Pornography: Beyond Formalequality, Christine Boyle, Sheila Noonan

Dalhousie Law Journal

Both issues that are the subject of this paper raise questions relating to the meaning and application of section 15 of the Canadian Charter ofRights and Freedoms.' They provide case studies of the difficulties in putting an abstract concept, such as equality, into practical legal effect.

Equality, Efficiency And Judicial Restraint: Towards Adynamic Constitution, Peter Rogers

Dalhousie Law Journal

Whatever else may be meant by "equality" in specific contexts, its ordinary usage requires a comparison of the political, social, and economic conditions of different members of society. Equality theories are normative theories that explain which differences in condition are justifiable, and which are unacceptable. In short, equality is about the distribution of social benefits and burdens; equality rights are rights to distributive justice.

Women, Pensions And Equality, Susannah Worth Rowley

Dalhousie Law Journal

A society's values are reflected in its treatment of the elderly. The relationship of the aged to the rest of the population and the social and economic hierarchy within the aged as a group provide tangible and graphic evidence of a society's most fundamental values and attitudes. Who is rewarded and for what? What qualities and contributions are valued, and to what extent?

Constitutional Law—Sixth Amendment—Significance Of Testimony Constitutes A Factor In Determining Right Of Confrontation, Brendan M. Donahue

University of Arkansas at Little Rock Law Review

No abstract provided.

Regulatory Taking: A Cause Of Action For Interim Damages, William Howell Freeman Jr.

University of Arkansas at Little Rock Law Review

No abstract provided.

State V. Calhoun, 479 So. 2d 241 (Fla. 4th Dca 1985), Kelly M. Haynes

Florida State University Law Review

Constitutional Law-ELECTRONIC SURVEILLANCE IN PRISON: ARE ANY CONSTITUTIONAL RIGHTS VIOLATED?

Constitutional Law—Due Process—Garnishment Procedures Must Provide For Notice To Postjudgment Debtor, Kathleen A. Hillegas

University of Arkansas at Little Rock Law Review

No abstract provided.

The Origins Of The Religion Clause Of The Constitution, Philip B. Kurland

William & Mary Law Review

No abstract provided.

The Religion Clauses And Nonbelievers, Norman Dorsen

William & Mary Law Review

No abstract provided.