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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
Book Review (Reviewing Michael J. Perry, The Constitution In The Courts: Law Or Politics? (1994), Robert Lipkin
Robert Justin Lipkin
No abstract provided.
H. Jefferson Powell On The American Constitutional Tradition: A Conversation, Randy Lee
H. Jefferson Powell On The American Constitutional Tradition: A Conversation, Randy Lee
Randy Lee
No abstract provided.
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 …
Scrambling For Protection: The New Media And The First Amendment, Patrick Garry
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 …
Affirmative Action And Judicial Incoherence, Robert C. Power
Affirmative Action And Judicial Incoherence, Robert C. Power
Robert C Power
No abstract provided.
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.
Original Penumbras: Constitutional Interpretation In The First Year Of Congress, Kent Greenfield
Original Penumbras: Constitutional Interpretation In The First Year Of Congress, Kent Greenfield
Kent Greenfield
No abstract provided.
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
Mr. Justice Antonin Scalia: A Renaissance Of Positivism And Predictability In Constitutional Adjudication, Beau James Brock
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.
The Textualist (Reviewing George Anastaplo, The Constitution Of 1787: A Commentary (1989)), Robert C. Power
The Textualist (Reviewing George Anastaplo, The Constitution Of 1787: A Commentary (1989)), Robert C. Power
Robert C Power
No abstract provided.
Letting Statutory Tails Wag Constitutional Dogs - Have The Bivens Dissenters Prevailed?, George D. Brown
Letting Statutory Tails Wag Constitutional Dogs - Have The Bivens Dissenters Prevailed?, George D. Brown
George D. Brown
No abstract provided.
Equal Protection And A Deaf Person's Right To Serve As A Juror, Randy Lee
Equal Protection And A Deaf Person's Right To Serve As A Juror, Randy Lee
Randy Lee
No abstract provided.
History And Executive Removal Power: Morrison V. Olson And Separation Of Powers, John L. Gedid
History And Executive Removal Power: Morrison V. Olson And Separation Of Powers, John L. Gedid
John L. Gedid
No abstract provided.
To Live Or Let Die: Federal Intervention In Medical Treatment Decisions (Heckler V. Ahs), Robert Hayman
To Live Or Let Die: Federal Intervention In Medical Treatment Decisions (Heckler V. Ahs), Robert Hayman
Robert L. Hayman
No abstract provided.
The End Is No Longer In Sight: The Constitutionality Of Revoking Social Security Withdrawals (Bowen V. Public Agencies), Robert Hayman
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.
Employment Discrimination: Another Knot In Church/State Entanglement? (Ohio Civil Rights Commission V. Dayton Christian Schools), Robert Hayman
Employment Discrimination: Another Knot In Church/State Entanglement? (Ohio Civil Rights Commission V. Dayton Christian Schools), Robert Hayman
Robert L. Hayman
No abstract provided.
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.
The Independence Of Canada, Brian Slattery
Canadian Charter Of Rights And Freedoms - Override Clauses Under Section 33 - Whether Subject To Judicial Review Under Section 1, Brian Slattery
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.
Comment, Presumptions And Due Process: Congress Attacks Organized Crime, Robert Power
Comment, Presumptions And Due Process: Congress Attacks Organized Crime, Robert Power
Robert C Power
No abstract provided.