Law Commons^™

The New Federalism: Discerning Truth In American Myths And Legend, Randy Lee

Randy Lee

No abstract provided.

Until Life Support Do Us Part: A Spouse's Limited Ability To Terminate Life Support For An Incompetent Spouse With No Hope Of Recovery, Marybeth Herald

Marybeth Herald

This paper deals with a MCS patient in California - a case that highlights our uncertain steps into state regulation of the end of life. After a 1993 automobile accident, 42-year-old Robert Wendland fell into the classification of a MCS with no hope of recovery. He had made no advance directives as to his health care. His wife of 20 years sought to withhold artificial feeding and hydration after three surgeries to replace Robert's feeding tube. The 20-member ethics committee at the hospital, Robert and Rose's three children (two were of college age), and Robert's brother, all supported her decision. …

Progressive Race Blindness: Individual Identity, Group Politics, And Reform, Darren Hutchinson

Darren L Hutchinson

Critical Race Theorists advance race consciousness as a positive instrument for political and legal reform. A growing body of works by left-identified scholars, however, challenges this traditional progressive stance toward race consciousness.

After summarizing the contours of this budding literature, this Article criticizes the "progressive race blindness" scholarship on several grounds and offers an alternative approach to race consciousness that balances skepticism towards the naturalness of race with a healthy appreciation of the realities of racial subjugation and identity.

New Complexity Theories: From Theoretical Innovation To Doctrinal Reform, Darren Hutchinson

Darren L Hutchinson

No abstract provided.

A Study In Judicial Sleight Of Hand: Did Geier V. American Honda Motor Co. Eradicate The Presumption Against Preemption?, Susan Raeker-Jordan

Susan Raeker-Jordan

No abstract provided.

Deshaney’S Legacy In Foster Care And Public School Settings, Mary Kate Kearney

Mary Kate Kearney

No abstract provided.

Magistrate Judges, Article Iii, And The Power To Preside Over Federal Prisoner Section 2255 Proceedings, Ira P. Robbins

Ira P. Robbins

Zoning, Taking, & Dealing: The Problems And Promise Of Bargaining In Land Use Planning, Erin Ryan

Erin Ryan

Municipal land use bargaining may imply as many problems as it heralds promise, but it is widely acknowleged as the universal language of land use planning. Planners and scholars agree that public-private negotiation plays a central role in the vast majority of local land use decision-making. At least in part, this is a result of the peculiar attributes of the resource at issue. Land is, perhaps, the ultimate nonfungible. Each parcel of land possesses unique characteristics not only in its physical attributes, but also by virtue of its location, and its proximity to other unique parcels. Moreover, land uses implicate …

Editorial, Succession Question Requires Amendment, Randy Lee

Randy Lee

No abstract provided.

Closet Case: Boy Scouts Of America V. Dale And The Reinforcement Of Gay, Lesbian, Bisexual, And Transgender Invisibility, Darren Hutchinson

Darren L Hutchinson

This Article argues that the Supreme Court's decision in Boy Scouts of America v. Dale misapplies and ignores controlling First Amendment precedent and incorrectly defines "sexual identity" as a clinical or biological imposition that exists apart from expression or speech. This article provides a doctrinal alternative to Dale that would protect vital interests in both equality and liberty and that would not condition, as does Dale, sexual "equality" upon the silencing of gay lesbian, bisexual, and transgender individuals.

Licensing Speech: The Case Of Vanity Plates, Marybeth Herald

Marybeth Herald

Vanity license plates qualify as protected speech under the First Amendment, and denying plate requests because of their content contradicts traditional principles of free speech. State motor vehicle departments are almost as creative as applicants when it comes to ferreting out offensive license plate requests through the use of computer programs and linguists. Offensiveness, however, remains an elusive concept to capture and often lies in the eyes of a single viewer. When the government takes on the role of arbiter of good taste, it leads to arbitrary decision making and chaotic results.

Under traditional First Amendment doctrine, vanity license plates …

Identity Crisis: Intersectionality, Multidimensionality, And The Development Of An Adequate Theory Of Subordination, Darren Hutchinson

Darren L Hutchinson

No abstract provided.

Yes, Virginia (Tech), Our Government Is One Of Limited Powers, Michael R. Dimino

Michael R Dimino

All The President’S Men? Executive Departments And Executive Privilege, Michael R. Dimino

Michael R. Dimino

No abstract provided.

The Limits Of Protecting Free Speech (Reviewing Richard Delgado & Jean Stefancic, Must We Defend Nazis? Hate Speech, Pornography, And The New First Amendment (1997), Robert Lipkin

Robert Justin Lipkin

No abstract provided.

When A King Speaks Of God; When God Speaks To A King: Faith, Politics, Tax Exempt Status, And The Constitution In The Clinton Administration, Randy Lee

Randy Lee

D.C. Circuit Revives Nondelegation Doctrine…Or Does It?, Michael R. Dimino

Michael R Dimino

Urinating On The Pennsylvania Constitution? Drug Testing Of High School Athletes And Article I, Section 8 Of The Pennsylvania Constitution, Amanda Smith

Amanda Sholtis

Controle Judicial Das Medidas Provisórias, Ivo T. Gico

Ivo Teixeira Gico Jr.

Neste artigo, o autor analisa os pressupostos constitucionais do controle abstrato de medidas provisórias quanto aos seus requisitos de necessidade, utilidade e conveniência de sua edição, confrontando a execução de políticas públicas com as prerrogativas do Estado de Direito.

In this article, the author examines the Provisional Executive Acts abstract constitutional control assumptions in their necessity, utility and convenience editing requirements, confronting the execution of public policies with the State of Law prerogatives.

Gay Rights For Gay Whites: Race, Sexual Identity, And Equal Protection Discourse, Darren Hutchinson

Darren L Hutchinson

No abstract provided.

Book Review, Reflections On A Rose In Its Sixth Season: A Review Of H. Jefferson Powell’S The Moral Tradition Of American Constitutionalism, Randy Lee

Randy Lee

No abstract provided.

Clueless: The Misuse Of Batf Firearms Tracing Data, David B. Kopel

David B Kopel

Sometimes the Bureau of Alcohol, Tobacco and Firearms traces the registered sales history of a gun which was used in a crime, or which has been seized by the police. Traced guns are not representative of the broader universe of crime guns. Accordingly, drawing public policy conclusions based on tracing data is unwise.

O Estado De Necessidade Legislativo E As Medidas Provisórias, Ivo T. Gico Jr., Danielle C. Lanius

Ivo Teixeira Gico Jr.

As medidas legislativas de urgência são geralmente motivadas por uma necessidade premente de normatização que não comporta - em tese - o trâmite legislativo normal. O presente trabalho explora a regulação desse Estado de Necessidade Legislativo no Brasil e no Direito Comparado para tentar identificar limites jurídicos à legislação de urgência.

Permissible Content Discrimination Under The First Amendment: The Strange Case Of The Public Employee, Lawrence Rosenthal

Lawrence Rosenthal

The speech of public employees poses special problems under the First Amendment. As Justice O'Connor once explained, a rule that forbids employees who deal with the public from being rude to customers should be permissible in the public sector, even though a statute containing the very same prohibition would be considered impermissibly vague when applied to private-sector employees. Recognizing that a special rule for public employees is necessary, the Supreme Court has held that only when public employees speak on a matter of public concern does their speech qualify for constitutional protection, and even then, the employee's interest must be …

Developments In State Constitutional Law: Due Process, Jill E. Family

Jill E. Family

No abstract provided.

The Pre-Emption Presumption That Never Was: Pre-Emption Doctrine Swallows The Rule, Susan Raeker-Jordan

Susan Raeker-Jordan

No abstract provided.

Book Note (Reviewing Wayne D. Moore, Constitutional Rights And Powers Of The People (1996), Robert Lipkin

Robert Justin Lipkin

No abstract provided.

Scrambling For Protection: The New Media And The First Amendment (Paperback Ed.), Patrick Garry

Patrick M. Garry

In Scrambling for Protection, Patrick Garry asserts that such dramatic developments in electronic communications will radically change the way society communicates. Already, computer networks and bulletin boards are creating, in essence, electronic editorial pages on which people can register their viewpoints. Indeed, the new and increasingly interactive media promise to more significantly involve the public in the process of social communication. This concept of change lies at the heart of Scrambling for Protection. Garry offers models and guidelines for constitutionally redefining the press and asserts that, as both the press and the First Amendment move away from an apparently exclusive …

Book Note (Reviewing John Arthur, Words That Bind: Judicial Review And The Grounds Of Modern Constitutional Theory (1995), Robert Lipkin

Robert Justin Lipkin

No abstract provided.

Cruelty And Original Intent: A Socratic Dialogue, Kent Greenfield

Kent Greenfield

Reprinted in Boston College Law School Magazine 5 (Fall 1996): 27- 31