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Articles 1 - 30 of 34
Full-Text Articles in Entire DC Network
The Locus Of Sovereignty: Judicial Review, Legislative Supremacy, And Federalism In The Constitutional Traditions Of Canada And The United States, Calvin R. Massey
The Locus Of Sovereignty: Judicial Review, Legislative Supremacy, And Federalism In The Constitutional Traditions Of Canada And The United States, Calvin R. Massey
Duke Law Journal
No abstract provided.
Constitutional Law, Weston Adams Iii, Michael V. Hammond
Constitutional Law, Weston Adams Iii, Michael V. Hammond
South Carolina Law Review
No abstract provided.
The Reunification Of Germany: Comments On A Legal Maze, Jutta Brunnée
The Reunification Of Germany: Comments On A Legal Maze, Jutta Brunnée
Dalhousie Law Journal
In its Preamble, the Basic Law - the constitution - of the Federal Republic of Germany declares itself a transitional order put in place until all Germans can freely decide to live in a reunified Germany. The Preamble is evidence of both history and aspirations of the western part of Germany that emerged from the Second World War. It is now one of the legal foundations for an event that only a year ago few thought was possible: the merging of the German Democratic Republic and the Federal Republic of Germany into one German state. In its preamble and in …
The Success Of Constitutionalism In The United States And Its Failure In Latin America: An Explanation, Keith S. Rosenn
The Success Of Constitutionalism In The United States And Its Failure In Latin America: An Explanation, Keith S. Rosenn
University of Miami Inter-American Law Review
No abstract provided.
The Constitution And The Civil Law, Francis Delpérée
The Constitution And The Civil Law, Francis Delpérée
Louisiana Law Review
No abstract provided.
Alaska Supreme Court Year In Review 1989, Douglas S. Phillips, F. Brian Schneiderman, Agustin D. Diodati
Alaska Supreme Court Year In Review 1989, Douglas S. Phillips, F. Brian Schneiderman, Agustin D. Diodati
Alaska Law Review
No abstract provided.
Constitutional Cultures: The Mentality And Consequences Of Judicial Review, Leonard P. Strickman
Constitutional Cultures: The Mentality And Consequences Of Judicial Review, Leonard P. Strickman
Northern Illinois University Law Review
In this book review, Professor Strickman concludes that, overall, Robert Nagel has produced a thought-provoking book that endorses judicial self-restraint by the United States Supreme Court. Although this review challenges some of Nagel's assertions, Strickman maintains this book should be a valuable addition to the libraries of constitutional law scholars.
Freedom Of Economic Activities And The Right To Property, Matsuo Nakamura
Freedom Of Economic Activities And The Right To Property, Matsuo Nakamura
Law and Contemporary Problems
No abstract provided.
Article Nine Of Japan’S Constitution: From Renunciation Of Armed Force “Forever” To The Third Largest Defense Budget In The World, James E. Auer
Article Nine Of Japan’S Constitution: From Renunciation Of Armed Force “Forever” To The Third Largest Defense Budget In The World, James E. Auer
Law and Contemporary Problems
No abstract provided.
Comment , Kazuyuki Takahashi
Crises In The Ussr: Are The Constitutional And Legislative Changes Enough
Crises In The Ussr: Are The Constitutional And Legislative Changes Enough
Cornell International Law Journal
No abstract provided.
Comment, Hiroyuki Hata
Rights Of The Criminally Accused, B. J. George Jr.
Rights Of The Criminally Accused, B. J. George Jr.
Law and Contemporary Problems
No abstract provided.
Comment, Margaret Mckean
Comment, Yasuhiro Okudaira
Comment, Frank K. Upham
The Ripple Effects Of Slaughter-House: A Critique Of A Negative Rights View Of The Constitution, Michael J. Gerhardt
The Ripple Effects Of Slaughter-House: A Critique Of A Negative Rights View Of The Constitution, Michael J. Gerhardt
Vanderbilt Law Review
Upon seeing Niagara Falls for the first time, Oscar Wilde reportedly remarked that it "would be more impressive if it flowed the other way." I have a similar reaction to a series of narrow Supreme Court interpretations of the fourteenth amendment, beginning with the Slaughter-House Cases, decided in 1872, and extending to the 1989 decisions in Webster v. Reproductive Health Services and DeShaney v. Winnebago County Department of Social Services. In Slaughter-House the Court interpreted the privileges or immunities clause of the fourteenth amendment as merely protecting interests other federal laws already protected, while recently the Court interpreted the due …
Justice Scalia’S Use Of Sources In Statutory And Constitutional Interpretation: How Congress Always Loses, Arthur Stock
Justice Scalia’S Use Of Sources In Statutory And Constitutional Interpretation: How Congress Always Loses, Arthur Stock
Duke Law Journal
No abstract provided.
Comment, Dan Fenno Henderson
The Committee Of Constitutional Supervision Of The Ussr, Herbert Hausmaninger
The Committee Of Constitutional Supervision Of The Ussr, Herbert Hausmaninger
Cornell International Law Journal
No abstract provided.
Foreword, Percy R. Luney Jr.
Rule Of Law And Due Process: A Comparative View Of The United States And Japan, Noriho Urabe
Rule Of Law And Due Process: A Comparative View Of The United States And Japan, Noriho Urabe
Law and Contemporary Problems
No abstract provided.
Revisionism During The Forty Years Of The Constitution Of Japan, Isao Sato
Revisionism During The Forty Years Of The Constitution Of Japan, Isao Sato
Law and Contemporary Problems
No abstract provided.
The Expanding Right Of Access: Does It Extend To Search Warrant Affidavits?, Erica A. Kaston
The Expanding Right Of Access: Does It Extend To Search Warrant Affidavits?, Erica A. Kaston
Fordham Law Review
No abstract provided.
The Art Of Insinuation: Defamation By Implication, Nicole Alexandra Labarbera
The Art Of Insinuation: Defamation By Implication, Nicole Alexandra Labarbera
Fordham Law Review
No abstract provided.
Benign Classification Based On Race Must Be Narrowly Tailored To Achieve A Compelling Governmental Interest., Martha J. Hess
Benign Classification Based On Race Must Be Narrowly Tailored To Achieve A Compelling Governmental Interest., Martha J. Hess
St. Mary's Law Journal
In City of Richmond v. J.A. Croson Co., the Supreme Court held a minority business utilization plan (Richmond Plan) was violative of the Fourteenth Amendment’s Equal Protection Clause. The Richmond Plan required all builders awarded city construction contracts to subcontract, at minimum, 30% of the contract value to Minority Business Enterprises. A state government enacting legislation that burdens one class of persons and benefits a similarly-situated class must provide sufficient justification for its action to survive equal protection analysis. When distinction is based on race or national origin—classes considered inherently suspect—a reviewing court subjects the governmental legislation to strict scrutiny, …
Forty Years Of The Constitution And Its Various Influences: Japanese, American, And European , Yasuhiro Okudaira
Forty Years Of The Constitution And Its Various Influences: Japanese, American, And European , Yasuhiro Okudaira
Law and Contemporary Problems
No abstract provided.
Using The Constitution: Separation Of Powers And Damages For Constitutional Violations, James A. Thomson
Using The Constitution: Separation Of Powers And Damages For Constitutional Violations, James A. Thomson
Touro Law Review
No abstract provided.
Allowing A Child Abuse Victim To Testify Via One-Way Closed-Circuit Television Does Not Violate A Criminal Defendant's Sixth Amendment Confrontation Clause Right If The Trial Court Specifically Finds Such A Procedure Necessary To Protect The Child's Welfare., Lisa R. Miller
St. Mary's Law Journal
In Maryland v. Craig, the Supreme Court held allowing child abuse victims to testify via one-way closed-circuit television does not violate a criminal defendant’s Sixth Amendment Confrontation Clause right if the trial court finds the procedure necessary to protect the child’s welfare. Although “confront” has generally been interpreted to mean “face-to-face,” on occasion, it may yield to public policy considerations and the compelling necessities of particular cases. The original purpose of the confrontation right was to prevent the accusers in a criminal proceeding from using ex parte affidavits or depositions against a defendant, in lieu of personal testimony. The Craig …