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Articles 1 - 30 of 244
Full-Text Articles in Law
An Anatomy Of False Analysis: Original Intent, Raoul Berger
An Anatomy Of False Analysis: Original Intent, Raoul Berger
BYU Law Review
No abstract provided.
Taking A Look At The Modem Takings Clause Jurisprudence: Finding Private Property Protection Under The Federal And Utah Constitutions, David W. Tufts
Taking A Look At The Modem Takings Clause Jurisprudence: Finding Private Property Protection Under The Federal And Utah Constitutions, David W. Tufts
BYU Law Review
No abstract provided.
Visions Of Habeas, David Mccord
Applying The Eighth Amendment To Civil Forfeiture After Austin V. United States: Excessiveness And Proportionality, Douglas S. Reinhart
Applying The Eighth Amendment To Civil Forfeiture After Austin V. United States: Excessiveness And Proportionality, Douglas S. Reinhart
William & Mary Law Review
No abstract provided.
Republican Constitutional Skepticism And Congressional Reform, Thomas Molnar Fisher
Republican Constitutional Skepticism And Congressional Reform, Thomas Molnar Fisher
Indiana Law Journal
No abstract provided.
Hate Speech In Context: The Case Of Verbal Threats, John T. Nockleby
Hate Speech In Context: The Case Of Verbal Threats, John T. Nockleby
Buffalo Law Review
No abstract provided.
Justice Souter's "Keep-What-You-Want-And-Throw-Away-The-Rest" Interpretation Of Stare Decisis, David K. Koehler
Justice Souter's "Keep-What-You-Want-And-Throw-Away-The-Rest" Interpretation Of Stare Decisis, David K. Koehler
Buffalo Law Review
No abstract provided.
Constitutional Law—21 U.S.C. § 881 And The Eighth Amendment: Application Of The Proportionality Requirement To Civil Forfeitures. Austin V. United States, 113 S. Ct. 2801 (1993), T. Michelle Ator
University of Arkansas at Little Rock Law Review
No abstract provided.
Three Faces Of Federalism: Finding A Formula For The Future, Deborah J. Merritt
Three Faces Of Federalism: Finding A Formula For The Future, Deborah J. Merritt
Vanderbilt Law Review
The first, and oldest, of the Supreme Court's concepts of federalism is the territorial model. This model recognizes that there is a discernible boundary between the subjects fit for national regulation and those reserved for state governance. Territorialists argue that the national government is supreme in some areas, while states reign sovereign in others. Adherents of this model, for example, might declare that the national government directs foreign affairs while the states control domestic relations.
Under the territorial model, federalism violations occur when the national government attempts to invade a substantive area of law reserved to the states. The Supreme …
Five Views Of Federalism: "Converse-1983" In Context, Akhil R. Amar
Five Views Of Federalism: "Converse-1983" In Context, Akhil R. Amar
Vanderbilt Law Review
In 1987, I published an overly long article in the Yale Law Journal entitled Of Sovereignty and Federalism. In it, I advanced a "converse-1983" model of federalism-a model that highlighted the ways in which state laws can provide remedies when federal officials violate federal constitutional rights. For example, prior to the 1971 landmark of Bivens v. Six Unknown Federal Agents, citizens whose Fourth Amendment rights had been violated by federal officers had no clear federal cause of action; but state trespass law often provided a remedy, and enabled citizens to recover when their "persons, houses, papers, [or] effects" had been …
The Paradoxes Of National Self-Determination, Brian Slattery
The Paradoxes Of National Self-Determination, Brian Slattery
Osgoode Hall Law Journal
Some have argued that the right of national self-determination gives every national group the power to decide for itself whether to remain part of an existing state or to secede unilaterally and form its own state. Such a theory underpins the claim that Quebec is entitled to decide on its own whether or not to leave Canada. This paper examines the main philosophical arguments for the theory and finds them one-dimensional and inadequate; they fail to take account of the full range of complex issues arising in actual cases of proposed secession. If the right of national self-determination is understood …
Provincial Fiduciary Obligations To First Nations: The Nexus Between Governmental Power And Responsibility, Leonard I. Rotman
Provincial Fiduciary Obligations To First Nations: The Nexus Between Governmental Power And Responsibility, Leonard I. Rotman
Osgoode Hall Law Journal
The Canadian Crown's fiduciary duty to First Nations is entrenched in Canadian Aboriginal rights jurisprudence. More than ten years after the Supreme Court of Canada's decision in Guerin, however, yet to be ascertained are the various emanations of the Crown bound by that duty. This paper argues that both federal and provincial Crowns are properly bound by fiduciary obligations to First Nations. It also suggests that the basis of this assertion may be found in existing jurisprudence, the Canadian Constitution, the spirit and intent of Indian treaties, and in Aboriginal understandings of "the Crown."
Antitrust And First Amendment Implications Of Professional Real Estate Investors, Gary Myers
Antitrust And First Amendment Implications Of Professional Real Estate Investors, Gary Myers
Washington and Lee Law Review
No abstract provided.
Guns For Hire, Commercial Speech And Tort Liability: Making A Case For Preserving First Amendment Free Speech Rights, Stephen T. Raptis
Guns For Hire, Commercial Speech And Tort Liability: Making A Case For Preserving First Amendment Free Speech Rights, Stephen T. Raptis
West Virginia Law Review
No abstract provided.
Public Law From The Bottom Up, William N. Eskridge Jr.
Public Law From The Bottom Up, William N. Eskridge Jr.
West Virginia Law Review
No abstract provided.
The Future Of Communications Policymaking, Fred H. Cate
The Future Of Communications Policymaking, Fred H. Cate
William & Mary Bill of Rights Journal
No abstract provided.
Media Violence And The Obscenity Exception To The First Amendment, Kevin W. Saunders
Media Violence And The Obscenity Exception To The First Amendment, Kevin W. Saunders
William & Mary Bill of Rights Journal
No abstract provided.
Does The Fourth Amendment Apply To The Armed Forces?, Fredric I. Lederer, Frederic L. Borch
Does The Fourth Amendment Apply To The Armed Forces?, Fredric I. Lederer, Frederic L. Borch
William & Mary Bill of Rights Journal
No abstract provided.
Constitutional Law—Commercial Speech—Face-To-Face Solicitation By Certified Public Accountants (But Not Attorneys?) Is Protected Speech Under The First Amendment, L. Kyle Heffley
University of Arkansas at Little Rock Law Review
No abstract provided.
Eliminating Double Talk From The Law Of Double Jeopardy, Eli J. Richardson
Eliminating Double Talk From The Law Of Double Jeopardy, Eli J. Richardson
Florida State University Law Review
No abstract provided.
The Indiana Supreme Court's Emerging Free Speech Doctrine, Daniel O. Conkle
The Indiana Supreme Court's Emerging Free Speech Doctrine, Daniel O. Conkle
Indiana Law Journal
Free Speech and the Indiana Constitution: First Thoughts on Price v. State
The Politics Of The Mass Media And The Free Speech Principle, Steven Shiffrin
The Politics Of The Mass Media And The Free Speech Principle, Steven Shiffrin
Indiana Law Journal
No abstract provided.
Go Home Stranger: An Analysis Of Unequal Workers' Compensation Death Benefits To Nonresident Alien Beneficiaries, Adam S. Hersh
Go Home Stranger: An Analysis Of Unequal Workers' Compensation Death Benefits To Nonresident Alien Beneficiaries, Adam S. Hersh
Florida State University Law Review
No abstract provided.
Has The Indiana Constitution Found It's Epic?, Patrick Baude
Has The Indiana Constitution Found It's Epic?, Patrick Baude
Indiana Law Journal
Free Speech and the Indiana Constitution: First Thoughts on Price v. State
Ninth Life: An Interpretive Theory Of The Ninth Amendment, Chase J. Sanders
Ninth Life: An Interpretive Theory Of The Ninth Amendment, Chase J. Sanders
Indiana Law Journal
No abstract provided.
Constitutional Law—Free Exercise Clause—Sacrificial Rites Become Constitutional Rights On The Alter Of Babalu Aye, Allison J. Cornwell
Constitutional Law—Free Exercise Clause—Sacrificial Rites Become Constitutional Rights On The Alter Of Babalu Aye, Allison J. Cornwell
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law—Anti-Bias Crime Legislation And The First Amendment—Supreme Court Upholds Wisconsin's Penalty Enhancement Law. Wisconsin V. Mitchell, 133 S. Ct. 2194 (1993)., Tamara L. Hamilton
Constitutional Law—Anti-Bias Crime Legislation And The First Amendment—Supreme Court Upholds Wisconsin's Penalty Enhancement Law. Wisconsin V. Mitchell, 133 S. Ct. 2194 (1993)., Tamara L. Hamilton
University of Arkansas at Little Rock Law Review
No abstract provided.
Cart V. Marcum: The Discovery Rule As An Exception To The Statute Of Limitations In West Virginia, James R. Leach
Cart V. Marcum: The Discovery Rule As An Exception To The Statute Of Limitations In West Virginia, James R. Leach
West Virginia Law Review
No abstract provided.
The "God Squad" Proves Mortal: Ex Parte Contacts And The White House After Portland Audubon Society, Michael A. Bosh
The "God Squad" Proves Mortal: Ex Parte Contacts And The White House After Portland Audubon Society, Michael A. Bosh
Washington and Lee Law Review
No abstract provided.
Buckley V. Illinois Judicial Inquiry Board And Stretton V. Disciplinary Board Of The Supreme Court: First Amendment Limits On Ethical Restrictions Of Judicial Candidates' Speech, Robert M. Brode
Washington and Lee Law Review
No abstract provided.