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Articles 1081 - 1110 of 1128
Full-Text Articles in Law
United States V. Wheeler, Lewis F. Powell Jr.
United States V. Wheeler, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
United States V. John, Lewis F. Powell Jr.
United States V. John, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Constitutional Rights And Land Use Planning: The New And The Old Reality, Robert R. Wright
Constitutional Rights And Land Use Planning: The New And The Old Reality, Robert R. Wright
Faculty Scholarship
No abstract provided.
The Supreme Court And The Constitutional Rights Of Prisoners: A Reappraisal, Emily Calhoun
The Supreme Court And The Constitutional Rights Of Prisoners: A Reappraisal, Emily Calhoun
Publications
No abstract provided.
Competency To Stand Trial In Federal Courts: Conceptual And Constitutional Problems, William T. Pizzi
Competency To Stand Trial In Federal Courts: Conceptual And Constitutional Problems, William T. Pizzi
Publications
No abstract provided.
Castaneda V. Partida, Lewis F. Powell Jr.
Castaneda V. Partida, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Prospective Remedies In Constitutional Adjudication, Doug Rendleman
Prospective Remedies In Constitutional Adjudication, Doug Rendleman
Scholarly Articles
None available
Judicial Review In Local Government Law: A Reappraisal, Harold H. Bruff
Judicial Review In Local Government Law: A Reappraisal, Harold H. Bruff
Publications
No abstract provided.
The Value Of Comparative Constitutional Law, Donald P. Kommers
The Value Of Comparative Constitutional Law, Donald P. Kommers
Journal Articles
The publication of an English translation of a notable decision by a major foreign tribunal' is a fitting occasion on which to discuss the value of comparative constitutional law as a subject of academic study and as a legal discipline of valid current applicability. When referring to comparative constitutional law, I am speaking mainly of case law and most particularly of judicial decisions handed down by national tribunals empowered to review the constitutionality of legislative and executive acts.
Judicial Review: Its Influence Abroad, Donald P. Kommers
Judicial Review: Its Influence Abroad, Donald P. Kommers
Journal Articles
The doctrine of judicial review, having been nourished in a legal culture and socio-political environment favorable to its growth, is America’s most distinctive contribution to constitutional government. Judicial review as historically practiced in the United States was duly recorded abroad, with varying degrees of influence and acceptability. During the nineteenth and early twentieth centuries, the influence of judicial review was most conspicuous in Latin America, where it was adopted as an articulate principle of numerous national constitutions, while most European nations consciously rejected it as incompatible with the prevailing theory of separation of powers. Germany, Austria, and Switzerland, although marginally …
Continuity And Change In American Constitutional Development And Public Policy: 1964-1976, Donald P. Kommers, Kevin C. Gallagher
Continuity And Change In American Constitutional Development And Public Policy: 1964-1976, Donald P. Kommers, Kevin C. Gallagher
Journal Articles
From the Introduction:
"This report adheres as much as possible to the form and structure of the first two surveys. Thus, we begin this report with an overview of recent presidential elections and a discussion of the American electoral process. The article then moves on to a treatment of changes in federal-state relations, government organization, the distribution of power among the branches and levels of government, and constitutional law as judicially defined. Unlike the previous reports, however, we have devoted nearly half of this survey to recent public policy in the area of civil rights. This extensive treatment of civil …
The New Due Process: Rights And Remedies, Doug Rendleman
The New Due Process: Rights And Remedies, Doug Rendleman
Scholarly Articles
None available
Comparative Judicial Review And Constitutional Politics, Donald P. Kommers
Comparative Judicial Review And Constitutional Politics, Donald P. Kommers
Journal Articles
Donald P. Kommers reviews Richard D. Baker's Judicial Review in Mexico: A Study of the Amparo Suit (Austin and London: University of Texas Press, 1971); B. L. Strayer's Judicial Review of Legislation in Canada (Toronto: University of Toronto Press, 1968); Heinz Laufer's Verfassungsgerichtsbarkeit und politischer Prozess (Tiibingen: J.C.B. Mohr [Paul Siebeck ], 1968); Mauro Cappelletti's Judicial Review in the Contemporary World (Indianapolis: The Bobbs-Merrill Company, Inc., 1971); Edward McWhinney's Judicial Review (4th ed.) (Toronto: University of Toronto Press, 1969); Richard E. Johnston's The Effect of Judicial Review on Federal-State Relations in Australia, Canada, and the United States (Baton Rouge: Louisiana …
Erznoznik V. City Of Jacksonville, Lewis F. Powell Jr.
Erznoznik V. City Of Jacksonville, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Book Review: Constitutional Change: Amendment Politics And Supreme Court Litigation Since 1900, By Clement E. Vose, Edward A. Purcell Jr.
Book Review: Constitutional Change: Amendment Politics And Supreme Court Litigation Since 1900, By Clement E. Vose, Edward A. Purcell Jr.
Other Publications
No abstract provided.
Legislative Purpose, Rationality, And Equal Protection, Robert F. Nagel
Legislative Purpose, Rationality, And Equal Protection, Robert F. Nagel
Publications
No abstract provided.
The New Confrontation—Hearsay Dilemma, Frank T. Read
The New Confrontation—Hearsay Dilemma, Frank T. Read
Faculty Scholarship
No abstract provided.
American Civil Liberties And Constitutional Change, Donald P. Kommers
American Civil Liberties And Constitutional Change, Donald P. Kommers
Journal Articles
This essay is an attempt to analyze, for the non-American reader especially, some of the factors that affect the condition of civil liberties in the United States. It deals mainly with the U.S. Supreme Court and its effort to define the limits of personal freedom within the framework of the American constitutional system. This effort has been a main preoccupation of the Supreme Court during the last two decades or so as the social conflicts besetting America have taken the form, as they usually do, of constitutional conflicts that the Court must eventually decide. Most of these questions have represented …
The Neutrality Of Adherence To Precedent, Robert L. Birmingham
The Neutrality Of Adherence To Precedent, Robert L. Birmingham
Articles by Maurer Faculty
No abstract provided.
Judicial Review In Italy And West Germany, Donald P. Kommers
Judicial Review In Italy And West Germany, Donald P. Kommers
Journal Articles
This is a comparative study of the constitutional courts of Italy and West Germany. These institutions, established in the 1950's, have settled hundreds of constitutional disputes. And their caseloads continue to rise in volume. The time seems ripe, therefore, briefly to review the work of these tribunals and to relate this work to the condition of constitutional democracy in the two polities. It should be remarked that this is not fundamentally a study in constitutional jurisprudence. The main purpose of this article is to see how judicial review has actually operated, what its effects have been, and what its future …
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.
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.
Unconstitutional Conditions Upon Public Employment: New Departures In The Protection Of First Amendment Rights, Harold H. Bruff
Unconstitutional Conditions Upon Public Employment: New Departures In The Protection Of First Amendment Rights, Harold H. Bruff
Publications
No abstract provided.
The Tentative Emergence Of Student Power In The United States, William W. Van Alstyne
The Tentative Emergence Of Student Power In The United States, William W. Van Alstyne
Faculty Scholarship
No abstract provided.
Separation Of Powers In The Australian Constitution, John M. Finnis
Separation Of Powers In The Australian Constitution, John M. Finnis
Journal Articles
Even those who regret it accept that the founders of the Australian Constitution "beyond question" intended the separation of powers now required by the Boilermakers' Case . This article seeks first to show that the arguments advanced to prove the alleged intention are no more probative -than the draftsman's literary arrangement which has prompted the accepted view of constitutional history; and second, to discuss the proper strategy of approach to the historical record on these matters.
Book Review, Ira Michael Heyman, Michael E. Tigar
Book Review, Ira Michael Heyman, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Book Review, William W. Van Alstyne
Book Review. Wechsler, H., Principles, Politics, And Fundamental Law, Ralph F. Fuchs
Book Review. Wechsler, H., Principles, Politics, And Fundamental Law, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Book Review. Fellman, D., The Defendant's Rights, Jerome Hall
Book Review. Fellman, D., The Defendant's Rights, Jerome Hall
Articles by Maurer Faculty
No abstract provided.