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Articles 1 - 7 of 7

Full-Text Articles in Law

Usery Limits On National Interest, David S. Bogen Jan 1980

Usery Limits On National Interest, David S. Bogen

Faculty Scholarship

No abstract provided.


Remedies And Damages For Violation Of Constitutional Rights, Frank M. Mcclellan, Phoebe A. Haddon Jan 1980

Remedies And Damages For Violation Of Constitutional Rights, Frank M. Mcclellan, Phoebe A. Haddon

Faculty Scholarship

No abstract provided.


A Functional Analysis Of The Effective Assistance Of Counsel, A Note, Bruce A. Green Jan 1980

A Functional Analysis Of The Effective Assistance Of Counsel, A Note, Bruce A. Green

Faculty Scholarship

The sixth amendment provides that in all criminal prosecutions the accused shall enjoy the right "to have the Assistance of Counsel for his defence." The Supreme Court has construed this clause to guarantee to criminal defendants the "effective" assistance of counsel performing within a minimum standard of competency. Prevalent lower court interpretations of the right. to effective assistance require a showing that counsel's inadequate performance caused actual prejudice to the defendant's interest in obtaining an acquittal. Because most defendants are unable to demonstrate the actual impact upon the outcome of their trial of an attorney's departure from normal competency, courts …


Constitutional Fate, Philip Chase Bobbitt Jan 1980

Constitutional Fate, Philip Chase Bobbitt

Faculty Scholarship

The Mary Ireland Graves Dougherty Lectures in Constitutional Law were established in 1979 at the University of Texas School of Law in the memory of Mrs. Dougherty by her family. Professor Bobbitt delivered the inaugural series of these lectures on three evenings in April 1979. Of those in attendance, only Professor Bobbitt's students, who had witnessed the evolution of his ideas during that year, and a few colleagues with whom he must have shared his thoughts, could have expected what followed on those spring evenings in Austin. His subject was "the question of judicial review." So stated, the subject hardly …


Exclusionary Land Use Controls And The Takings Issue, Robert R. Wright Jan 1980

Exclusionary Land Use Controls And The Takings Issue, Robert R. Wright

Faculty Scholarship

No abstract provided.


Democracy And Distrust: A Theory Of Judicial Review, Gerard E. Lynch Jan 1980

Democracy And Distrust: A Theory Of Judicial Review, Gerard E. Lynch

Faculty Scholarship

John Hart Ely's Democracy and Distrust is an ambitious attempt to create a new theory of judicial review, breaking away from both "interpretivism" and "noninterpretivism" – a division Professor Ely regards as a "false dichotomy" (p. vii). The book is brilliant and provocative, so much so that one fears less that its faults will be obscured – there is little danger that polemic critics will fail to pounce on them – than that the flash of Professor Ely's reasoning and the controversy it generates will distract us from the genuine importance of the insight that powers his analysis.


The First Amendment And The Free Press: A Comment On Some New Trends And Some Old Theories, William W. Van Alstyne Jan 1980

The First Amendment And The Free Press: A Comment On Some New Trends And Some Old Theories, William W. Van Alstyne

Faculty Scholarship

Responding to the trend of media rights being subjugated through the legal process, this article examines Justice Stewart's suggestion that the media should be treated with extra deference in First Amendment cases. This examination looks at the sufficiency of the press's claim of judicial harshness, whether the press should be treated differently than other speakers, and also compares press freedom in foreign nations.