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Constitutional Law

Selected Works

Selected Works

Constitutional Law

Articles 661 - 680 of 680

Full-Text Articles in Law

Book Review (Reviewing Michael J. Perry, The Constitution In The Courts: Law Or Politics? (1994), Robert Lipkin Dec 1995

Book Review (Reviewing Michael J. Perry, The Constitution In The Courts: Law Or Politics? (1994), Robert Lipkin

Robert Justin Lipkin

No abstract provided.

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H. Jefferson Powell On The American Constitutional Tradition: A Conversation, Randy Lee Dec 1995

H. Jefferson Powell On The American Constitutional Tradition: A Conversation, Randy Lee

Randy Lee

No abstract provided.

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Making Conditions Constitutional By Attaching Them To Welfare: The Dangers Of Selective Contextual Ignorance Of The Unconstitutional Conditions Doctrine, Julie Nice Dec 1994

Making Conditions Constitutional By Attaching Them To Welfare: The Dangers Of Selective Contextual Ignorance Of The Unconstitutional Conditions Doctrine, Julie Nice

Julie A. Nice

This article examines the lack of judicial consistency in applying the Unconstitutional Conditions doctrine with regard to the same constitutional guarantee but involving different public benefits. Professor Nice posits that the courts frequently apply a lower level of scrutiny when conditions are attached to welfare benefits than when conditions are attached to other types of government benefits. She specifically examines this inconsistency among decisions involving Free Exercise and Takings. She shows that the Supreme Court has reduced its regular level of heightened scrutiny and instead applied Dandridge-style deference to uphold welfare conditions. For example, in a series of free exercises …

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Scrambling For Protection: The New Media And The First Amendment, Patrick Garry Dec 1993

Scrambling For Protection: The New Media And The First Amendment, 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 …

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Affirmative Action And Judicial Incoherence, Robert C. Power Dec 1993

Affirmative Action And Judicial Incoherence, Robert C. Power

Robert C Power

No abstract provided.

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Twenty-Five Years After Goldberg V. Kelly: Traveling From The Right Spot On The Wrong Road To The Wrong Place, Randy Lee Dec 1993

Twenty-Five Years After Goldberg V. Kelly: Traveling From The Right Spot On The Wrong Road To The Wrong Place, Randy Lee

Randy Lee

No abstract provided.

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Original Penumbras: Constitutional Interpretation In The First Year Of Congress, Kent Greenfield Dec 1992

Original Penumbras: Constitutional Interpretation In The First Year Of Congress, Kent Greenfield

Kent Greenfield

No abstract provided.

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The Revitalization Of The Common-Law Civil Writ Of Audita Querela As A Post-Conviction Remedy In Criminal Cases: The Immigration Context And Beyond, Ira P. Robbins Dec 1991

The Revitalization Of The Common-Law Civil Writ Of Audita Querela As A Post-Conviction Remedy In Criminal Cases: The Immigration Context And Beyond, Ira P. Robbins

Ira P. Robbins

Introduction: An alien lawfully enters the United States in 1972. He gets a job, gets married, and becomes a productive worker in the community. He is subsequently convicted of a felony, such as making false statements on a loan application. As a result, the Immigration and Naturalization Service (INS) brings deportation proceedings against him. The individual will seek any means possible to vacate the conviction, in order to stay in this country.' This Article explores whether the writ of audita querela. primarily used to provide post-judgment relief in civil cases at common law, can be used to challenge criminal …

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Mr. Justice Antonin Scalia: A Renaissance Of Positivism And Predictability In Constitutional Adjudication, Beau James Brock Dec 1990

Mr. Justice Antonin Scalia: A Renaissance Of Positivism And Predictability In Constitutional Adjudication, Beau James Brock

Beau James Brock

This article pinpoints Justice Scalia's judicial methodology and contrasts it with the pragmatism of Justice Sandra Day O'Connor.

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The Textualist (Reviewing George Anastaplo, The Constitution Of 1787: A Commentary (1989)), Robert C. Power Dec 1989

The Textualist (Reviewing George Anastaplo, The Constitution Of 1787: A Commentary (1989)), Robert C. Power

Robert C Power

No abstract provided.

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Letting Statutory Tails Wag Constitutional Dogs - Have The Bivens Dissenters Prevailed?, George D. Brown Dec 1988

Letting Statutory Tails Wag Constitutional Dogs - Have The Bivens Dissenters Prevailed?, George D. Brown

George D. Brown

No abstract provided.

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Equal Protection And A Deaf Person's Right To Serve As A Juror, Randy Lee Dec 1988

Equal Protection And A Deaf Person's Right To Serve As A Juror, Randy Lee

Randy Lee

No abstract provided.

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History And Executive Removal Power: Morrison V. Olson And Separation Of Powers, John L. Gedid Dec 1988

History And Executive Removal Power: Morrison V. Olson And Separation Of Powers, John L. Gedid

John L. Gedid

No abstract provided.

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To Live Or Let Die: Federal Intervention In Medical Treatment Decisions (Heckler V. Ahs), Robert Hayman Dec 1984

To Live Or Let Die: Federal Intervention In Medical Treatment Decisions (Heckler V. Ahs), Robert Hayman

Robert L. Hayman

No abstract provided.

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The End Is No Longer In Sight: The Constitutionality Of Revoking Social Security Withdrawals (Bowen V. Public Agencies), Robert Hayman Dec 1984

The End Is No Longer In Sight: The Constitutionality Of Revoking Social Security Withdrawals (Bowen V. Public Agencies), Robert Hayman

Robert L. Hayman

No abstract provided.

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Employment Discrimination: Another Knot In Church/State Entanglement? (Ohio Civil Rights Commission V. Dayton Christian Schools), Robert Hayman Dec 1984

Employment Discrimination: Another Knot In Church/State Entanglement? (Ohio Civil Rights Commission V. Dayton Christian Schools), Robert Hayman

Robert L. Hayman

No abstract provided.

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State Sovereignty Under The Burger Court -- How The Eleventh Amendment Survived The Death Of The Tenth: Some Broader Implications Of Atascadero State Hospital V. Scanlon, George D. Brown Dec 1984

State Sovereignty Under The Burger Court -- How The Eleventh Amendment Survived The Death Of The Tenth: Some Broader Implications Of Atascadero State Hospital V. Scanlon, George D. Brown

George D. Brown

No abstract provided.

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The Independence Of Canada, Brian Slattery Dec 1982

The Independence Of Canada, Brian Slattery

Brian Slattery

No abstract provided.

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Canadian Charter Of Rights And Freedoms - Override Clauses Under Section 33 - Whether Subject To Judicial Review Under Section 1, Brian Slattery Dec 1982

Canadian Charter Of Rights And Freedoms - Override Clauses Under Section 33 - Whether Subject To Judicial Review Under Section 1, Brian Slattery

Brian Slattery

No abstract provided.

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Comment, Presumptions And Due Process: Congress Attacks Organized Crime, Robert Power Dec 1972

Comment, Presumptions And Due Process: Congress Attacks Organized Crime, Robert Power

Robert C Power

No abstract provided.

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