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Articles 181 - 210 of 237
Full-Text Articles in Law
Constitutionality Of State And Local Selective Purchasing Legislation: A 9-0 Supreme Court Decision In Favor Of And In Defeat Of Plaintiff, Rebecca S. Hartley
Constitutionality Of State And Local Selective Purchasing Legislation: A 9-0 Supreme Court Decision In Favor Of And In Defeat Of Plaintiff, Rebecca S. Hartley
UC Law Constitutional Quarterly
In a 9-0 decision handed down in 2000, the Supreme Court struck down a Massachusetts selective purchasing law that restricted state agencies from trading with companies doing business in Burma. The Court based its decision on the narrow grounds that the law violated the Supremacy Clause of the U.S. Constitution. In the wake of so limited a decision, a number of constitutional questions remain unanswered regarding the rights of states to enact laws intruding upon federal foreign affairs.
This article examines three of the main areas of constitutional challenges to state actions in the foreign affairs arena from current orthodox …
The Constitutional Value Of Dialogue And The New Judicial Federalism, Lawrence Friedman
The Constitutional Value Of Dialogue And The New Judicial Federalism, Lawrence Friedman
UC Law Constitutional Quarterly
Notwithstanding that the new judicial federalism is no longer new, the question remains whether there is a legitimate basis for state supreme courts to interpret provisions of state constitutions that parallel provisions of the United States Constitution differently than the United States Supreme Court has interpreted the latter. The Author suggests that the interpretation of cognate state constitutional provisions by state court is institutionally legitimate and normatively desirable within the framework of federalism. The legitimacy of the practice is supported by the constitutional value of dialogue - that is, the value that attaches to discourse about law and governance when …
Invisibly Radiated: Federalism Principles And The Proposed Hague Convention On Jurisdiction And Foreign Judgments, Khoi D. Nguyen
Invisibly Radiated: Federalism Principles And The Proposed Hague Convention On Jurisdiction And Foreign Judgments, Khoi D. Nguyen
UC Law Constitutional Quarterly
The proposed Hague Convention provides the United States with a guarantee that U.S. judgments in commercial and civil matters involving at least one foreign party will be recognized and enforced among the signatory countries. It requires the courts that render the judgments to have proper jurisdiction over the parties and the controversies based on a list of accepted and prohibited grounds for the exercise of jurisdiction. Among the prohibited grounds are transient and "doing business" general jurisdiction. Pursuant to the Hague convention, Congress would have to pass implementing legislation proscribing these prohibited bases of jurisdiction in both federal and state …
Supreme Court Voting Behavior: 1998 Term, Richard G. Wilkins, Scott Worthington, R. Chad Hales, Rachelle Fleming
Supreme Court Voting Behavior: 1998 Term, Richard G. Wilkins, Scott Worthington, R. Chad Hales, Rachelle Fleming
UC Law Constitutional Quarterly
This Article, the fourteenth in a series, tabulates and analyzes the voting behavior of the United States Supreme Court. This particular study examines the Court's voting behavior during the 1998 Term. The Article attempts to determine whether individual Justices and the Court as a whole are voting more "conservatively," more "liberally," or about the same as compared with past terms.
Whether a vote is considered "conservative" or "liberal" depends upon the issues being decided. Generally, votes favoring the assertion of governmental power are "conservative," while those favoring claims of individual liberty are considered "liberal." The issues are categorized into ten …
Bad Girls And Good Sports: Some Reflections On Violent Female Juvenile Delinquents, Title Ix &(And) The Promise Of Girl Power, Cheryl Hanna
Bad Girls And Good Sports: Some Reflections On Violent Female Juvenile Delinquents, Title Ix &(And) The Promise Of Girl Power, Cheryl Hanna
UC Law Constitutional Quarterly
In recent years, the number of female juvenile offenders has been increasing at a faster pace than that of their male counterparts. This Article explores the link between criminality and competition among women. Specifically, it examines the role that involvement in organized sports, or conversely, lack of competition, plays in the development of criminal behavior. Part I addresses the theme of female competition, violence, and sports, and draws conclusions from secondary interdisciplinary research and conversations with incarcerated juvenile females. Part II focuses upon Title IX of the Education Amendments of 1972 and suggests that the rationale behind gender equity in …
Double Jeopardy And Punishment: Why An As Applied Approach, As Applied To Separation Of Powers Doctrines, Is Unconstitutional, Todd W. Wyatt
Double Jeopardy And Punishment: Why An As Applied Approach, As Applied To Separation Of Powers Doctrines, Is Unconstitutional, Todd W. Wyatt
Seattle University Law Review
This Comment will argue that an as applied approach allows the executive branch, whether at the state or federal level, to encroach into the legislative realm by rendering a statute unconstitutional as a result of the way the statute is administered. Section II of this Comment will begin by examining the history of the as applied and on its face double jeopardy approaches during the last 20 years. After a close examination of the decisions in Halper and Hudson in sections II.B and II.C, this Comment will explain why the holding of Hudson, though correct in its result, was …
Self-Determination Of The Peoples Of Quebec Under International Law, Johan D. Van Der Vyver
Self-Determination Of The Peoples Of Quebec Under International Law, Johan D. Van Der Vyver
Florida State University Journal of Transnational Law & Policy
No abstract provided.
The Pain Relief Promotion Act: Will It Spell Death To "Death With Dignity" Or Is It Unconstitutional?, Joy Fallek
The Pain Relief Promotion Act: Will It Spell Death To "Death With Dignity" Or Is It Unconstitutional?, Joy Fallek
Fordham Urban Law Journal
This Note explores Congress' attempts to restrict Oregon's Death with Dignity Act by enacting two the Lethal Drug Abuse and Prevention Act of 1998 ("LDAP Act") and the Pain Relief Promotion Act of 1999 ("PRPA"). It explores constitutional decisions concerning physician-assisted suicide and those which tend to show that the Supreme Court demonstrated federalist leanings during this time. The Note concludes that this Congressional legislation is a premature attempt to restrict experimentation concerning physician-assisted suicide and that the Supreme Court should strive to thwart attempts to cut off such experimentation.
Section 1983 Litigation - Supreme Court Developments, Martin A. Schwartz
Section 1983 Litigation - Supreme Court Developments, Martin A. Schwartz
Touro Law Review
No abstract provided.
Confrontation Clause, Doris Waldman
Local Elections, Roger Moran
Preemption, Roger Moran
Due Process, Kathleen Byrne
Due Process, Kimberly Lumpee
Resolving The Dissonant Constitutional Chords Inherent In The Federal Anti-Bootlegging Statute In United States V. Moghadam, Keith V. Lee
Resolving The Dissonant Constitutional Chords Inherent In The Federal Anti-Bootlegging Statute In United States V. Moghadam, Keith V. Lee
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Houlton Citizens' Coalition V. Town Of Houlton: Is An Open And Competitive Bidding Process Really The Solution To National Waste Disposal Problems, Jason Barocas
Villanova Environmental Law Journal
No abstract provided.
Pennsylvania's Reasonable Expectations Doctrine: The Third Circuit's Perspective, Thomas J. Rueter, Joshua H. Roberts
Pennsylvania's Reasonable Expectations Doctrine: The Third Circuit's Perspective, Thomas J. Rueter, Joshua H. Roberts
Villanova Law Review
No abstract provided.
Federalism's Old Deal: What's Right And Wrong With Conservative Judicial Activism, Peter M. Shane
Federalism's Old Deal: What's Right And Wrong With Conservative Judicial Activism, Peter M. Shane
Villanova Law Review
No abstract provided.
Stopping Hate Without Stifling Speech: Re-Examining The Merits Of Hate Speech Codes On University Campuses, Catherine B. Johnson
Stopping Hate Without Stifling Speech: Re-Examining The Merits Of Hate Speech Codes On University Campuses, Catherine B. Johnson
Fordham Urban Law Journal
This Note explores legislative attempts to help reduce incidents of hate speech on university campuses. It begins by analyzing the rise in hate speech codes at public universities and examining two U.S. Supreme Court decisions in R.A.V. v. City of St. Paul and Wisconsin v. Mitchell. The author argues that a hate speech code that implements forward-looking, long-term education objective would work towards stopping hate on campus without violating students' First Amendment rights. This Note reaches the conclusion that a narrowly drawn hate speech code based on recognized First Amendment exceptions, implemented along with with education initiatives, could facilitate the …
Child Access Prevention Laws: Keeping Guns Out Of Our Children's Hands, Rachel Shaffer
Child Access Prevention Laws: Keeping Guns Out Of Our Children's Hands, Rachel Shaffer
Fordham Urban Law Journal
This Note explores the Child Access Prevention ("CAP") law and laws which are generally intended to limit children's access to guns at home. The author proposes a model CAP law that should be enacted in the United States. This Note discusses the evolution of CAP laws and presents for arguments for and against such laws. It delves into the National Rifle Association's ("NRA") powerful influence that improperly prevents CAP laws from being enacted by the federal government. Additionally, it is argued that unless the federal government enacts a CAP law, innocent children will continue to be injure and lose their …
The First Amendment, The Right Not To Speak And The Problem Of Government Access Statutes, Anna M. Taruschio
The First Amendment, The Right Not To Speak And The Problem Of Government Access Statutes, Anna M. Taruschio
Fordham Urban Law Journal
The dual principles of promoting the marketplace of ideas and protecting individual autonomy lie at the core of the First Amendment. When the government assumes an affirmative role by opening opportunities for public speech, it places individuals' negative liberties, such as the right not to speak, at risk. This conflict cannot be avoided by analyzing compelled speech outside of the First Amendment; the autonomy promised by the Bill of Rights and repeatedly affirmed by Supreme Court jurisprudence protects the right not to speak. Scholars, jurists, and practitioners therefore should pay close attention to the right not to speak when the …
The Path Of American Religious Liberty: From The Original Theology To Formal Neutrality And An Uncertain Future, Daniel O. Conkle
The Path Of American Religious Liberty: From The Original Theology To Formal Neutrality And An Uncertain Future, Daniel O. Conkle
Indiana Law Journal
Symposium: Religious Liberty at the Dawn of a New Millennium held at Indiana University School of Law-Bloomington on April 9, 1999.
National Endowment For The Arts V. Finley: Sinking Deeper Into The Abyss Of The Supreme Court's Unintelligible Modern Unconstitutional Conditions Doctrine, Harold B. Walther
National Endowment For The Arts V. Finley: Sinking Deeper Into The Abyss Of The Supreme Court's Unintelligible Modern Unconstitutional Conditions Doctrine, Harold B. Walther
Maryland Law Review
No abstract provided.
Can Public Schools Really Permit Religious Speech Without Promoting Religion - The Struggle To Accommodate But Not Establish Religion In Chandler V. James, Lynne A. Rafalowski
Can Public Schools Really Permit Religious Speech Without Promoting Religion - The Struggle To Accommodate But Not Establish Religion In Chandler V. James, Lynne A. Rafalowski
Villanova Law Review
No abstract provided.
Criminal Aliens Get Pinched: Sandoval V. Reno, Aedpa's And Iirira's Effect On Habeas Corpus Jurisdiction, Matthew J. Droskoski
Criminal Aliens Get Pinched: Sandoval V. Reno, Aedpa's And Iirira's Effect On Habeas Corpus Jurisdiction, Matthew J. Droskoski
Villanova Law Review
No abstract provided.
The Majority Opinion As The Social Constuction Of Reality: The Supreme Court And Prison Rules, James E. Robertson
The Majority Opinion As The Social Constuction Of Reality: The Supreme Court And Prison Rules, James E. Robertson
Oklahoma Law Review
No abstract provided.
The Arbitrary Path Of Due Process, Harry F. Tepker Jr.
The Arbitrary Path Of Due Process, Harry F. Tepker Jr.
Oklahoma Law Review
No abstract provided.
Oklahoma Constitutional Law: Highway Robbery: In Re Oklahoma Capitol Improvement Authority: The Eulogy For Oklahoma Constitutional Debt Limitations, Brian Edward Wheeler
Oklahoma Constitutional Law: Highway Robbery: In Re Oklahoma Capitol Improvement Authority: The Eulogy For Oklahoma Constitutional Debt Limitations, Brian Edward Wheeler
Oklahoma Law Review
No abstract provided.
Abortions Of The Parental Prerogatives Of Unwed Natural Fathers: Deterring Lost Paternity, Jeffrey A. Parness
Abortions Of The Parental Prerogatives Of Unwed Natural Fathers: Deterring Lost Paternity, Jeffrey A. Parness
Oklahoma Law Review
No abstract provided.
Census 2000: Why The Majority In Department Of Commerce V. United States House Of Representatives Was Correct In Rejecting Statistical Sampling, Angela D. Kelley
Census 2000: Why The Majority In Department Of Commerce V. United States House Of Representatives Was Correct In Rejecting Statistical Sampling, Angela D. Kelley
Oklahoma Law Review
No abstract provided.