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Articles 1 - 17 of 17
Full-Text Articles in Law
The War In Southeast Asia: A Legal Position Paper, Gordon G. Young
The War In Southeast Asia: A Legal Position Paper, Gordon G. Young
Faculty Scholarship
No abstract provided.
What Is "Right" About America, Lewis F. Powell Jr.
What Is "Right" About America, Lewis F. Powell Jr.
Powell Speeches
Powell gave this speech at the Leadership Banquet of the Key Club of Thomas Jefferson High School, Richmond, Virginia.
The Warren Court: Completion Of A Constitutional Revolution, William F. Swindler
The Warren Court: Completion Of A Constitutional Revolution, William F. Swindler
Faculty Publications
No abstract provided.
The Right To A Decent Environment; E =Mc²: Environment Equals Man Times Courts Redoubling Their Efforts, E. F. Roberts
The Right To A Decent Environment; E =Mc²: Environment Equals Man Times Courts Redoubling Their Efforts, E. F. Roberts
Cornell Law Faculty Publications
No abstract provided.
Judicial Power, The “Political Question Doctrine,” And Foreign Relations, Michael E. Tigar
Judicial Power, The “Political Question Doctrine,” And Foreign Relations, Michael E. Tigar
Faculty Scholarship
No abstract provided.
The Massachusetts Antiwar Bill, Anthony D'Amato
The Massachusetts Antiwar Bill, Anthony D'Amato
Faculty Working Papers
The Massachusetts Antiwar bill provides that no inhabitant of Massachusetts inducted into or serving in the armed forces "shall be required to serve" abroad in an armed hostility that has not been declared a war by Congress under Art. I, Sect. 8 of the United States Constitution. One could hardly imagine a more fundamental constitutional doubt arising in the mind of the American public than that of the legality of a major war. The purpose of the Massachusetts bill is purely and simply to obtain an authoritative judicial test of the constitutionality of an undeclared war.
Massachusetts In The Federal Courts: The Constitutionality Of The Vietnam War, Anthony D'Amato
Massachusetts In The Federal Courts: The Constitutionality Of The Vietnam War, Anthony D'Amato
Faculty Working Papers
One of the most singular pieces of legislation in American constitutional history passed the Massachusetts legislature in 1970, and was signed into law. It provided that, except for an emergency, no inhabitant of Massachusetts inducted into or serving in the armed forces "shall be required to serve" abroad in an armed hostility that has not been declared a war by Congress under Article I, Section 8, clause 11 of the US Constitution. A conflict between state law and national policy was created.
Public Support And The Sectarian University, Walter Gellhorn, Kent Greenawalt
Public Support And The Sectarian University, Walter Gellhorn, Kent Greenawalt
Faculty Scholarship
In mid-1968 we undertook to advise Fordham University concerning steps that might be appropriate to establish its eligibility for public assistance. As part of that task we tried to determine the extent to which present law requires official differentiation between Church-related and other institutions of higher learning. Since the University sought a wholly detached consideration of its legal posture, our conclusions in this article represent our best judgment of the present state of the law and its probable development. We have avoided indicating our own personal position on debatable legal and ethical issues.
The Constitutional Rights Of Teachers And Professors, William W. Van Alstyne
The Constitutional Rights Of Teachers And Professors, William W. Van Alstyne
Faculty Publications
The discussion examines the current state of educators' rights and identifies two key areas that are still hotly contested: extramural utterances that my be critical of the institution itself and a teacher's freedom with his own classroom. A survey of two recent cases illuminates these issues.
Appointed Counsel For The Indigent Civil Defendant: A Constitutional Right Without A Judicial Remedy., Michael Botein
Appointed Counsel For The Indigent Civil Defendant: A Constitutional Right Without A Judicial Remedy., Michael Botein
Articles & Chapters
No abstract provided.
Cafeteria Workers Revisited: Does The Commander Have Plenary Power To Control Access To His Base?, Jethro K. Lieberman
Cafeteria Workers Revisited: Does The Commander Have Plenary Power To Control Access To His Base?, Jethro K. Lieberman
Articles & Chapters
The Supreme Court's decision in Cafeteria Workers v. McElroy (1961) has often been cited by military commanders to support claimed plenary power over access to the installation commanded. Observing that plenary power is a rarity in contemporary society, Lieutenant Lieberman questions the prof erred interpretation of Cafeteria Workers particularly in light of more recent decisions. He concludes that while commanders do possess broad powers over access, the power is not plenary but must be weighed in each instance against the individual's rights of freedom of speech and association.
Constitutional Reflections On Abortion Reform, Patrick L. Baude
Constitutional Reflections On Abortion Reform, Patrick L. Baude
Articles by Maurer Faculty
No abstract provided.
Of Justice Delayed And Justice Denied: The Welfare Prior Hearing Cases, Robert M. O'Neil
Of Justice Delayed And Justice Denied: The Welfare Prior Hearing Cases, Robert M. O'Neil
Articles by Maurer Faculty
No abstract provided.
The Supreme Court, The President And Congress, William F. Swindler
The Supreme Court, The President And Congress, William F. Swindler
Faculty Publications
No abstract provided.
Cafeteria Workers Revisited: Does The Commander Have Plenary Power To Control Access To His Base?, Jethro K. Lieberman
Cafeteria Workers Revisited: Does The Commander Have Plenary Power To Control Access To His Base?, Jethro K. Lieberman
Articles & Chapters
The Supreme Court's decision in Cafeteria Workers v. McElroy (1961) has often been cited by military commanders to support claimed plenary power over access to the installation commanded. Observing that plenary power is a rarity in contemporary society, Lieutenant Lieberman questions the prof erred interpretation of Cafeteria Workers particularly in light of more recent decisions. He concludes that while commanders do possess broad powers over access, the power is not plenary but must be weighed in each instance against the individual's rights of freedom of speech and association.
Book Review. Gajendragadkar, P.B., The Constitution Of India, Ralph F. Fuchs
Book Review. Gajendragadkar, P.B., The Constitution Of India, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
The Generality Of Neutral Principles: A Game-Theoretic Perspective, Robert L. Birmingham
The Generality Of Neutral Principles: A Game-Theoretic Perspective, Robert L. Birmingham
Articles by Maurer Faculty
Eleven years ago Professor Wechsler first argued that constitutional adjudication should be based on neutral principles of general applicability that transcend the factual contexts of the cases in which they are announced. Since that time, legal scholars have been engaged in a continuing debate over both the meaning and the validity of Wechsler's thesis. Professor Birmingham adds a new perspective to this debate by analyzing neutrality and generality in terms of game theory.