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Full-Text Articles in Law

Section 7: Constitutional Structure: Federalism, Administrative Law, Checks And Balances, Institute Of Bill Of Rights Law, William & Mary Law School Sep 1995

Section 7: Constitutional Structure: Federalism, Administrative Law, Checks And Balances, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Constitutional Torts: Combining Diverse Doctrines And Practicality, Thomas A. Eaton, Michael Wells Mar 1995

Constitutional Torts: Combining Diverse Doctrines And Practicality, Thomas A. Eaton, Michael Wells

Scholarly Works

Constitutional Torts is, in part, a response to our sense that the upper level curriculum could be improved by courses that bring together areas of doctrine that are often studied in isolation. We think there is substantial value in bringing together seemingly disparate areas of doctrine that bear on a common real-world problem. Students benefit from learning how to put together concepts from different substantive areas in order to solve problems they will face in practice.


Ethnicity And The Constitution: Beyond The Black And White Binary Constitution, Juan F. Perea Feb 1995

Ethnicity And The Constitution: Beyond The Black And White Binary Constitution, Juan F. Perea

William & Mary Law Review

No abstract provided.


Political And Social Construction Of Families Through Pedagogy In Family Law Classrooms, Lundy Langston Jan 1995

Political And Social Construction Of Families Through Pedagogy In Family Law Classrooms, Lundy Langston

Journal Publications

Most family law materials available today fail to reflect the diversity' of family arrangements in modem society. Traditionally, family law is taught as a rules-based area of law. Students learn the requirements of marriage and the grounds for and consequences of divorce. Currently, there are efforts to expand the codification of family law through such things as support guidelines, uniform acts, and legislation listing specific factors to be considered in custody and property distribution cases. Many of these efforts stem from the underlying assumption that there is a uniform methodology describing and defining doctrine appropriate for resolution of family related …


Judicial Selection In The People’S Democratic Republic Of Pennsylvania: Here The People Rule?, Harry L. Witte Jan 1995

Judicial Selection In The People’S Democratic Republic Of Pennsylvania: Here The People Rule?, Harry L. Witte

Harry L Witte

No abstract provided.


A Critical Reassessment Of The Case Law Bearing On Congress's Power To Restrict The Jurisdiction Of The Lower Federal Courts, Gordon G. Young Jan 1995

A Critical Reassessment Of The Case Law Bearing On Congress's Power To Restrict The Jurisdiction Of The Lower Federal Courts, Gordon G. Young

Faculty Scholarship

No abstract provided.


Old Wine In New Bottles: The Constitutional Status Of Unconstitutional Speech, Mark A. Graber Jan 1995

Old Wine In New Bottles: The Constitutional Status Of Unconstitutional Speech, Mark A. Graber

Faculty Scholarship

This Article explores whether contemporary advocates of restrictions on bigoted expression have more in common with contemporary advocates of broad First Amendment rights or with past censors. The critical theorists who would ban some hate speech rely heavily on the equal citizenship principles that radical civil libertarians believe justify almost absolute speech rights. The First Amendment, past and present censors argue, does not fully protect speech inconsistent with what they believe are basic constitutional values. This claim repudiates a basic principle of American constitutionalism, the faith that "self-evident" constitutional values will triumph in the constitutional marketplace of ideas. The ideological …


The Constitution Of Belarus: A Good First Step Towards The Rule Of Law, Gary M. Shaw Jan 1995

The Constitution Of Belarus: A Good First Step Towards The Rule Of Law, Gary M. Shaw

Scholarly Works

No abstract provided.


Constitutional Law - Constitutional Assessment Of State And Municipal Residential Hiring Preference Laws, George T. Reynolds Jan 1995

Constitutional Law - Constitutional Assessment Of State And Municipal Residential Hiring Preference Laws, George T. Reynolds

Villanova Law Review

No abstract provided.


Opening The Courthouse Doors: Allowing A Cause Of Action To Arise Directly From A Violation Of The Ohio Constitution, David M. Gareau Jan 1995

Opening The Courthouse Doors: Allowing A Cause Of Action To Arise Directly From A Violation Of The Ohio Constitution, David M. Gareau

Cleveland State Law Review

This note will explain why Ohio's Constitution should be looked to as the source of meaningful remedy when its provisions are violated. I will demonstrate that a cause of action grounded upon a violation of the Ohio Constitution is not only meaningful, but necessary to the notion of constitutional rights. Section two will briefly discuss the necessity of allowing a cause of action to arise from a violation of the Ohio Constitution. In particular, I will discuss the independence of the Ohio Constitution; the federal courts' increasing hostility toward the vindication of federal constitutional rights; and the benefit of allowing …


The Proposed Equal Protection Fix For Abortion Law: Reflections On Citizenship, Gender, And The Constitution, Anita L. Allen Jan 1995

The Proposed Equal Protection Fix For Abortion Law: Reflections On Citizenship, Gender, And The Constitution, Anita L. Allen

All Faculty Scholarship

No abstract provided.


Does Pro-Choice Mean Pro-Kevorkian? An Essay On Roe, Casey, And The Right To Die, Seth F. Kreimer Jan 1995

Does Pro-Choice Mean Pro-Kevorkian? An Essay On Roe, Casey, And The Right To Die, Seth F. Kreimer

All Faculty Scholarship

No abstract provided.


Making Conditions Constitutional By Attaching Them To Welfare: The Dangers Of Selective Contextual Ignorance Of The Unconstitutional Conditions Doctrine, Julie Nice Dec 1994

Making Conditions Constitutional By Attaching Them To Welfare: The Dangers Of Selective Contextual Ignorance Of The Unconstitutional Conditions Doctrine, Julie Nice

Julie A. Nice

This article examines the lack of judicial consistency in applying the Unconstitutional Conditions doctrine with regard to the same constitutional guarantee but involving different public benefits. Professor Nice posits that the courts frequently apply a lower level of scrutiny when conditions are attached to welfare benefits than when conditions are attached to other types of government benefits. She specifically examines this inconsistency among decisions involving Free Exercise and Takings. She shows that the Supreme Court has reduced its regular level of heightened scrutiny and instead applied Dandridge-style deference to uphold welfare conditions. For example, in a series of free exercises …