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Constitutional Law

Journal

1991

Institution
Keyword
Publication

Articles 31 - 60 of 230

Full-Text Articles in Law

Heightened Immunity For Comparative Advertising Speech: A Response To U.S. Healthcare Jun 1991

Heightened Immunity For Comparative Advertising Speech: A Response To U.S. Healthcare

Washington and Lee Law Review

No abstract provided.


Abstention And The Constitutional Limits Of The Judicial Power Of The United States, Calvin R. Massey May 1991

Abstention And The Constitutional Limits Of The Judicial Power Of The United States, Calvin R. Massey

BYU Law Review

No abstract provided.


Judicial Power And Reform Politics: The Anatomy Of Lochner V. New York, Charles A. Beineman May 1991

Judicial Power And Reform Politics: The Anatomy Of Lochner V. New York, Charles A. Beineman

Michigan Law Review

A Review of Judicial Power and Reform Politics: The Anatomy of Lochner v. New York. By Paul Kens


Reverse Rico Double Jeopardy Protection Under United States V. Esposito: Someone's In The Kitchen With Grady, But It's Not The Third Circuit, Scott Taylor Sheffer May 1991

Reverse Rico Double Jeopardy Protection Under United States V. Esposito: Someone's In The Kitchen With Grady, But It's Not The Third Circuit, Scott Taylor Sheffer

BYU Law Review

No abstract provided.


A Special Needs Exception To The Warrant And Probable Cause Requirements For Mandatory And Uniform Pre-Arraignment Drug Testing In The Wake Of Skinner V. Railway Labor Executives' Association And National Treasury Employees' Union V. Von Raab, Russell C. Skousen May 1991

A Special Needs Exception To The Warrant And Probable Cause Requirements For Mandatory And Uniform Pre-Arraignment Drug Testing In The Wake Of Skinner V. Railway Labor Executives' Association And National Treasury Employees' Union V. Von Raab, Russell C. Skousen

Brigham Young University Journal of Public Law

No abstract provided.


Establishment Clause Jurisprudence And Its Effect On Prayer At Commencement Exercises: A Look At Weisman V. Lee, Brian A. Hatch May 1991

Establishment Clause Jurisprudence And Its Effect On Prayer At Commencement Exercises: A Look At Weisman V. Lee, Brian A. Hatch

BYU Law Review

No abstract provided.


Maryland V. Craig: Ignoring The Letter And Purpose Of The Confrontation Clause, Anthony S. Parise May 1991

Maryland V. Craig: Ignoring The Letter And Purpose Of The Confrontation Clause, Anthony S. Parise

BYU Law Review

No abstract provided.


A Distinction Without A Difference-The Spectrum Scarcity Rationale No Longer Justifies Content-Based Broadcast Regulation, Jonathan O. Hafen May 1991

A Distinction Without A Difference-The Spectrum Scarcity Rationale No Longer Justifies Content-Based Broadcast Regulation, Jonathan O. Hafen

BYU Law Review

No abstract provided.


People's Court, Nicholas S. Zeppos May 1991

People's Court, Nicholas S. Zeppos

Vanderbilt Law Review

The Supreme Court's opinion in Bowers v. Hardwick' contains the usual cant about the legitimacy of the judicial function. In holding that the due process clause of the fourteenth amendment does not recognize a fundamental right to practice homosexual sodomy, the Court cautioned that "[t]he Court is most vulnerable and comes nearest to illegitimacy when it deals with judge-made constitutional law having little or no cognizable roots in the language or design of the Constitution. What exactly did the Court mean? That the public would refuse to obey judicial judgments if the Court were to recognize rights not "found in" …


Pragmatism Without Politics-A Half Measure Of Authority For Jurisdictional Common Law, Gene R. Shreve May 1991

Pragmatism Without Politics-A Half Measure Of Authority For Jurisdictional Common Law, Gene R. Shreve

BYU Law Review

No abstract provided.


Foreign Affairs Law And Democracy, Phillip R. Trimble May 1991

Foreign Affairs Law And Democracy, Phillip R. Trimble

Michigan Law Review

A Review of Constitutionalism, Democracy, and Foreign Affairs by Louis Henkin


The Law's Conscience: Equitable Constitutionalism In America, Neil A. Riemann May 1991

The Law's Conscience: Equitable Constitutionalism In America, Neil A. Riemann

Michigan Law Review

A Review of The Law's Conscience: Equitable Constitutionalism in America by Peter Charles Hoffer


Beyond The Constitution, Christopher J. Peters May 1991

Beyond The Constitution, Christopher J. Peters

Michigan Law Review

A Review of Beyond the Constitution by Hadley Arkes


Congress And Taxes: A Separation Of Powers Analysis, Karla W. Simon May 1991

Congress And Taxes: A Separation Of Powers Analysis, Karla W. Simon

University of Miami Law Review

No abstract provided.


Babalu Aye Is Not Pleased: Majoritarianism And The Erosion Of Free Exercise, Roberto A. Torricella Jr. May 1991

Babalu Aye Is Not Pleased: Majoritarianism And The Erosion Of Free Exercise, Roberto A. Torricella Jr.

University of Miami Law Review

No abstract provided.


Abortion And The Law: A Problem Without A Solution?, Robert F. Drinan S.J. May 1991

Abortion And The Law: A Problem Without A Solution?, Robert F. Drinan S.J.

Michigan Law Review

A Review of Abortion: The Clash of Absolutes by Laurence H. Tribe


Moral Foundations Of Constitutional Thought: Current Problems, Augustinian Prospects, Arthur J. Burke May 1991

Moral Foundations Of Constitutional Thought: Current Problems, Augustinian Prospects, Arthur J. Burke

Michigan Law Review

A Review of Moral Foundations of Constitutional Thought: Current Problems, Augustinian Prospects by Graham Walker


The Political Economy Of Congressional Social Policymaking: United States V. Eichman And Texas V. Johnson, George Steven Swan Apr 1991

The Political Economy Of Congressional Social Policymaking: United States V. Eichman And Texas V. Johnson, George Steven Swan

North Carolina Central Law Review

No abstract provided.


Litigating Police Misconduct Claims In North Carolina, Irving Joyner Apr 1991

Litigating Police Misconduct Claims In North Carolina, Irving Joyner

North Carolina Central Law Review

No abstract provided.


Shriners Hospitals For Crippled Children V. Zrillic, 563 So. 2d 64 (Fla. 1990), Mark E. Kaplan Apr 1991

Shriners Hospitals For Crippled Children V. Zrillic, 563 So. 2d 64 (Fla. 1990), Mark E. Kaplan

Florida State University Law Review

Wills/Constitutional Law-FLORIDA'S SUPREME COURT STRIKES THE STATE'S MORTMAIN STATUTE AS UNCONSTITUTIONAL


What's In A Name? The Constitutionality Of Multiple "Supreme" Courts, David E. Engdahl Apr 1991

What's In A Name? The Constitutionality Of Multiple "Supreme" Courts, David E. Engdahl

Indiana Law Journal

No abstract provided.


Rethinking Manner And Form: From Parliamentary Sovereignty To Constitutional Values, R. Elliot Apr 1991

Rethinking Manner And Form: From Parliamentary Sovereignty To Constitutional Values, R. Elliot

Osgoode Hall Law Journal

The issue of whether a legislative body in a democratic society can bind itself on matters relating to the procedures by which the legislation is to be enacted, amended or repealed has, to this point, tended to dissolve into the question of which of two contending formulations of the doctrine of parliamentary sovereignty one prefers, Dicey's traditional formulation or the "new view" by Jennings and others. The author argues that, regardless of how one formulates it, the doctrine of parliamentary sovereignty provides an unsound basis upon which to resolve this issue, and that an alternative basis is therefore needed. That …


Drug Testing And Welfare: Taking The Drug War To Unconstitutional Limits?, Philippa M. Guthrie Apr 1991

Drug Testing And Welfare: Taking The Drug War To Unconstitutional Limits?, Philippa M. Guthrie

Indiana Law Journal

No abstract provided.


Proposals For Funding United Mine Workers Of America Retiree Health Benefits: The Constitutional Dimensions, John R. Woodrum, Larry P. Rothman Apr 1991

Proposals For Funding United Mine Workers Of America Retiree Health Benefits: The Constitutional Dimensions, John R. Woodrum, Larry P. Rothman

West Virginia Law Review

No abstract provided.


...Meech Lake To The Contrary Notwithstanding (Part I), Roderick A. Macdonald Apr 1991

...Meech Lake To The Contrary Notwithstanding (Part I), Roderick A. Macdonald

Osgoode Hall Law Journal

In this essay, which will be published in two parts, the author argues that the Meech Lake Accord was more than a hastily cobbled together political deal between the Prime Minister and ten provincial premiers. Despite the unattractive process by which the Meech Lake Accord was struck, and especially defended, despite the disingenuous character of the arguments most often advanced for its adoption, and despite its close connection with other aspects of the federal government's political agenda which many Canadians found suspicious, the Meech Lake Accord did respond to an important issue in post-patriation constitutionalism. A review of Canadian constitutional …


Books Received, Law Review Staff Apr 1991

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

JAPANESE CRIMINAL JUSTICE

By A. Didrick Castberg

New York, New York: Praeger Publishers, 1990. Pp. 153. $42.95.

THE INTERNATIONALIZATION OF HUMAN RIGHTS

By David P. Forsythe

Lexington, Massachusetts; Lexington Books, 1991. Pp. 209.$34.00.

FEDERAL COURTS AND THE INTERNATIONAL HUMAN RIGHTS PARADIGM By Kenneth C. Randall

Durham, North Carolina; Duke University Press. 1990. Pp. 295. $45.00.

ROMAN LAW AND COMPARATIVE LAW

By Alan Watson

Athens, Georgia: University of Georgia Press, 1991. Pp. 328. $50.00

THE U.S. CONSTITUTION AND FOREIGN POLICY

By Victoria Marie Kraft

New York, New York: Greenwood Press, 1990. Pp. 185. $45.00.


Textualism, Constitutionalism, And Federal Statutes, Jerry L. Mashaw Apr 1991

Textualism, Constitutionalism, And Federal Statutes, Jerry L. Mashaw

William & Mary Law Review

No abstract provided.


The Concept Of Offensiveness In Establishment And Free Exercise Jurisprudence, William P. Marshall Apr 1991

The Concept Of Offensiveness In Establishment And Free Exercise Jurisprudence, William P. Marshall

Indiana Law Journal

No abstract provided.


Authoritarianism And The Rule Of Law, Lynne Henderson Apr 1991

Authoritarianism And The Rule Of Law, Lynne Henderson

Indiana Law Journal

No abstract provided.


The Sacred Flag And The First Amendment, Sheldon H. Nahmod Apr 1991

The Sacred Flag And The First Amendment, Sheldon H. Nahmod

Indiana Law Journal

No abstract provided.