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Articles 1 - 30 of 237
Full-Text Articles in Law
The Founders Go On-Line: An Original Intent Solution To A Jurisdictional Dilemma, Christine G. Heslinga
The Founders Go On-Line: An Original Intent Solution To A Jurisdictional Dilemma, Christine G. Heslinga
William & Mary Bill of Rights Journal
The Internet has created a blossoming cyber-economy and a new way of conducting business. Unfortunately for those looking for jurisdictional certainty, however, cyberspace also effectively eliminates geographic boundaries. The unprecedented circumstances set by this new frontier have put federal courts in the unenviable position of deciding whether Internet-based cases meet diversity jurisdiction requirements. Examining the constitutional history and recent use of diversity, this Note argues that the Founders did not foresee an era where every contract or sales case would end up in federal court; rather, they intended diversity jurisdiction to be a rare and perhaps temporary proposition. The author …
Everyone Benefits, Everyone Pays: Does The Fifth Amendment Mandate Compensation When Property Is Damaged During The Course Of Police Activities?, C. Wayne Owen Jr.
Everyone Benefits, Everyone Pays: Does The Fifth Amendment Mandate Compensation When Property Is Damaged During The Course Of Police Activities?, C. Wayne Owen Jr.
William & Mary Bill of Rights Journal
The Fifth Amendment of the United States Constitution, along with similar provisions in state constitutions, forbids the taking of private property by the government for a public use without just compensation. Despite this protection, many courts have denied takings claims made by innocent third party landowners when police officers caused damage to their property during the course of executing their official duties. These courts held that the damage was not for a "public use" in the narrow sense, and have refused to analyze the claims under takings jurisprudence. This narrow view of "public use" ignores the fact that society as …
Abortion, Capital Punishment, And The Politics Of "God's" Will, Kimberly J. Cook
Abortion, Capital Punishment, And The Politics Of "God's" Will, Kimberly J. Cook
William & Mary Bill of Rights Journal
In her paper, Professor Kimberly J. Cook uses statistics to illustrate the role the Christian Right plays in the public discourse over two issues permeated with religious overtones: abortion and the death penalty. She shows how the Christian Right's approach to these issues is based on an ideological notion of 'Justice " that is primarily focused on vengeance and punishment, to the exclusion of forgiveness. Professor Cook's exploration of the modern roots of this ideology leads to a movement dating from the 1960s known as Christian Reconstructionism, which advocates using state action to enforce its unique interpretation of "God's Will." …
The Idea Of The Common Law In West Virginia Jurisprudential History: Morningstar V. Black & Decker Revisited, James Audley Mclaughlin
The Idea Of The Common Law In West Virginia Jurisprudential History: Morningstar V. Black & Decker Revisited, James Audley Mclaughlin
West Virginia Law Review
No abstract provided.
The Second Amendment: Structure, History, And Constitutional Change, David Yassky
The Second Amendment: Structure, History, And Constitutional Change, David Yassky
Michigan Law Review
A fierce debate about the Second Amendment has been percolating in academia for two decades, and has now bubbled through to the courts. The question at the heart of this debate is whether the Amendment restricts the government's ability to regulate the private possession of firearms. Since at least 1939 - when the Supreme Court decided United States v. Miller, its only decision squarely addressing the scope of the right to "keep and bear Arms" - the answer to that question has been an unqualified "no." Courts have brushed aside Second Amendment challenges to gun control legislation, reading the Amendment …
Reducing The Overburden: The Doris Coal Presumption And Administrative Efficiency Under The Black Lung Benefits Act, Eric R. Olson
Reducing The Overburden: The Doris Coal Presumption And Administrative Efficiency Under The Black Lung Benefits Act, Eric R. Olson
Michigan Law Review
Coal dust build-up prevents many coal miners' lungs from functioning properly. This condition, commonly referred to as black lung or pneumoconiosis, can make common activities nearly impossible. The Black Lung Benefits Act covers the cost of medical treatment for many affected miners, though procedural impediments often prevent miners from receiving care. The miner's current or former employer, when identifiable, must pay for medical care relating to the miner's black lung. Most disputes over miners' claims for medical care arise when the miner has a history of cigarette smoking and the need for medical care could arise from either coal dust …
In Re Impounded: When Will The Right Against Self-Incrimination Protect Witnesses From Foreign Prosecution?, R. Christopher Preston
In Re Impounded: When Will The Right Against Self-Incrimination Protect Witnesses From Foreign Prosecution?, R. Christopher Preston
BYU Law Review
No abstract provided.
Proactive Legislation And The First Amendment, Stuart Minor Benjamin
Proactive Legislation And The First Amendment, Stuart Minor Benjamin
Michigan Law Review
It is a commonplace that the world is changing rapidly, with whole sectors of the economy being transformed. New forms of communication, like the World Wide Web, e-mail, and satellite television, have risen from obscurity to ubiquity in less than a decade. The speed of these changes has led some to express concern about the ability of governments to respond. The fear is that governments cannot keep up with developments as they occur and thus get hopelessly behind. The solution, according to some, is for the government to act proactively - before a harm has arisen, so that the government …
Wake Up And Smell The Contraband: Why Courts That Do Not Find Probable Cause Based On Odor Alone Are Wrong, Michael A. Sprow
Wake Up And Smell The Contraband: Why Courts That Do Not Find Probable Cause Based On Odor Alone Are Wrong, Michael A. Sprow
William & Mary Law Review
No abstract provided.
The New World Of News Media, David Broder
The New World Of News Media, David Broder
University of Arkansas at Little Rock Law Review
No abstract provided.
Privacy And The Press In The New Millennium: How International Standards Are Driving The Privacy Debate In The United States And Abroad, Jane E. Kirtley
Privacy And The Press In The New Millennium: How International Standards Are Driving The Privacy Debate In The United States And Abroad, Jane E. Kirtley
University of Arkansas at Little Rock Law Review
No abstract provided.
Food Lion As Reform Or Revolution: "Publication Damages" And First Amendment Scrutiny, Susan M. Gilles
Food Lion As Reform Or Revolution: "Publication Damages" And First Amendment Scrutiny, Susan M. Gilles
University of Arkansas at Little Rock Law Review
No abstract provided.
Annotating The News: Mitigating The Effects Of Media Convergence And Consolidation, Eric B. Easton
Annotating The News: Mitigating The Effects Of Media Convergence And Consolidation, Eric B. Easton
University of Arkansas at Little Rock Law Review
No abstract provided.
All Monica, All Of The Time: The 24-Hour News Cycle And The Proof Of Culpability In Libel Actions, David A. Logan
All Monica, All Of The Time: The 24-Hour News Cycle And The Proof Of Culpability In Libel Actions, David A. Logan
University of Arkansas at Little Rock Law Review
No abstract provided.
If You Can't Say Something Nice, Don't Say Anything At All: Hill V. Colorado And The Antiabortion Protest Controversy, Christy E. Wilhelm
If You Can't Say Something Nice, Don't Say Anything At All: Hill V. Colorado And The Antiabortion Protest Controversy, Christy E. Wilhelm
Campbell Law Review
No abstract provided.
The Better Means Of Preserving Free Expression: Thoughts On Vigilance, Responsibility, Stewardship, Journalism Education, And The Demise Of Value Systems, Don E. Tomlinson
The Better Means Of Preserving Free Expression: Thoughts On Vigilance, Responsibility, Stewardship, Journalism Education, And The Demise Of Value Systems, Don E. Tomlinson
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law—Arkansas's Nondelegation Doctrine: The Arkansas Supreme Court Defines A Limit On The Delegation Of Legislative Authority To A Private Party. Leathers V. Gulf Rice Arkansas, Inc., 338 Ark. 425, 994 S.W.2d 481 (1999)., Benjamin Mccorkle
University of Arkansas at Little Rock Law Review
No abstract provided.
Digital Replicas Of Celebrities: Copyright, Trademark, And Right Of Publicity Issues, Joseph J. Beard
Digital Replicas Of Celebrities: Copyright, Trademark, And Right Of Publicity Issues, Joseph J. Beard
University of Arkansas at Little Rock Law Review
No abstract provided.
Is Payne Defensible?: The Constitutionality Of Admitting Victim-Impact Evidence At Capital Sentencing Hearings, Joshua D. Greenberg
Is Payne Defensible?: The Constitutionality Of Admitting Victim-Impact Evidence At Capital Sentencing Hearings, Joshua D. Greenberg
Indiana Law Journal
No abstract provided.
Santa Fe Independent School District V. Doe: The Constitutional Complexities Associated With Student-Led Prayer, Jennifer Carol Irby
Santa Fe Independent School District V. Doe: The Constitutional Complexities Associated With Student-Led Prayer, Jennifer Carol Irby
Campbell Law Review
No abstract provided.
Court Decisions As Information Sources For Journalists: How Journalists Can Better Cover Appellate Decisions, F. Dennis Hale
Court Decisions As Information Sources For Journalists: How Journalists Can Better Cover Appellate Decisions, F. Dennis Hale
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law—First Amendment—Does The Right To Free Speech Trump The Right To Worship? Olmer V. City Of Lincoln, 192 F.3d 1176 (8th Cir. 1999)., Patti Stanley
University of Arkansas at Little Rock Law Review
No abstract provided.
Federalism And Foreign Affairs: Congress's Power To "Define And Punish...Offenses Against The Law Of Nations", Beth Stephens
Federalism And Foreign Affairs: Congress's Power To "Define And Punish...Offenses Against The Law Of Nations", Beth Stephens
William & Mary Law Review
No abstract provided.
Timing And Delegation: A Reply, Jonathan R. Siegel
Timing And Delegation: A Reply, Jonathan R. Siegel
Vanderbilt Law Review
For two authors who come to such different conclusions, Professor Manning and I agree on a good deal. We agree that courts, in considering whether to consult legislative history in the course of statutory construction, must take heed of the special constitutional rule against congressional self-aggrandizement.' Thus, we agree that the Constitution forbids courts to give authoritative weight to post-enactment legislative history, because the effect of such a judicial practice is to permit Congress to delegate a very important power, the power to elaborate the meaning of statutes, to its committees or Members. We also agree, however, that Congress may, …
The Racial Origins Of Modern Criminal Procedure, Michael J. Klarman
The Racial Origins Of Modern Criminal Procedure, Michael J. Klarman
Michigan Law Review
The constitutional law of state criminal procedure was born between the First and Second World Wars. Prior to 1920, the Supreme Court had upset the results of the state criminal justice system in just a handful of cases, all involving race discrimination in jury selection. By 1940, however, the Court had interpreted the Due Process Clause of the Fourteenth Amendment to invalidate state criminal convictions in a wide variety of settings: mob-dominated trials, violation of the right to counsel, coerced confessions, financially-biased judges, and knowingly perjured testimony by prosecution witnesses. In addition, the Court had broadened its earlier decisions forbidding …
The Treaty Power And American Federalism, Part Ii, Curtis A. Bradley
The Treaty Power And American Federalism, Part Ii, Curtis A. Bradley
Michigan Law Review
In an article published in this Review two years ago, I described and critiqued what I called the "nationalist view" of the treaty power. Under this view, the national government has the constitutional power to enter into treaties, and thereby create binding national law by virtue of the Supremacy Clause, without regard to either subject matter or federalism limitations. This view is reflected in the writings of a number of prominent foreign affairs law scholars, as well as in the American Law Institute's Restatement (Third) of Foreign Relations Law of the United States. In my article, I argued that this …
Race And The Australian Constitution: From Federation To Reconciliation, George Williams
Race And The Australian Constitution: From Federation To Reconciliation, George Williams
Osgoode Hall Law Journal
The framing of the Australian Constitution initiated a pattern of discrimination against Australia's Indigenous peoples. They were cast as outsiders to the nation brought about in 1901. This pattern was broken in 1967 by the deletion of the discriminatory provisions from the Constitution. Today, there is strong community support in Australia for the reconciliation process, which would involve recognition of Indigenous peoples as an integral and unique component of the Australian nation. However, this has yet to be translated into substantive legal outcomes. The author analyses the interaction of issues of race and the Australian Constitution as it has affected …
Just Compensation, Incentives, And Social Meanings, Hanoch Dagan
Just Compensation, Incentives, And Social Meanings, Hanoch Dagan
Michigan Law Review
In Takings and Distributive Justice, I proposed a progressive interpretation of the Compensation Clause. In his response, published in this issue, Professor Lunney challenges the plausibility and the desirability of my interpretation and proposes an alternative. This Essay compares our approaches. It concludes that Professor Lunney's careful examination of the public choice analysis of takings does refine my theory. Contrary to Professor Lunney's claims, however, these refinements reinforce - rather than undermine - the viability of a progressive takings doctrine. Parts I and II set the stage by summarizing the principal claims made, respectively, in my original Article and in …
Takings, Efficiency, And Distributive Justice: A Response To Professor Dagan, Glynn S. Lunney Jr.
Takings, Efficiency, And Distributive Justice: A Response To Professor Dagan, Glynn S. Lunney Jr.
Michigan Law Review
In A Critical Reexamination of the Takings Jurisprudence, I addressed an efficiency problem that arises when the government attempts to change property rights in a manner that burdens a very few for the benefit of the very many. Specifically, in the absence of compensation, the collective action advantage of the few in organizing to oppose the proposed measure will often give them a decided edge against the many. As a result of that advantage, the few will too often be able to persuade the legislature not to act, even when an objective evaluation of the proposal's costs and benefits would …
Establishing Inevitability Without Active Pursuit: Defining The Inevitable Discovery Exception To The Fourth Amendment Exclusionary Rule, Stephen E. Hessler
Establishing Inevitability Without Active Pursuit: Defining The Inevitable Discovery Exception To The Fourth Amendment Exclusionary Rule, Stephen E. Hessler
Michigan Law Review
Few doctrines of constitutional criminal procedure generate as much controversy as the Fourth Amendment exclusionary rule. Beyond the basic mandate of the rule - that evidence obtained in violation of an individual's right to be secure against unreasonable search and seizure is inadmissible in a criminal proceeding - little else is agreed upon. The precise date of the exclusionary rule's inception is uncertain, but it has been applied by the judiciary for over eight decades. While the Supreme Court has emphasized that the rule is a "judicially created remedy," and not a "personal constitutional right," this characterization provokes argument as …