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Articles 31 - 48 of 48
Full-Text Articles in Law
Ohio Tort Reform Versus The Ohio Constitution, Stephen J. Werber
Ohio Tort Reform Versus The Ohio Constitution, Stephen J. Werber
Law Faculty Articles and Essays
Ohio tort law is about to be changed in a dramatic and comprehensive manner. House Bill 350 will be enacted as a major piece of tort reform legislation with provisions substantially like those discussed herein. The vast majority of this legislative change is directed to areas of the law in need of change and the restoration of balance. Most of the proposed changes either raise no constitutional concerns or should be deemed in compliance with the Ohio Constitution. In a few areas, most notably statutes of repose and limitations on damages, the governmental need is weak, the effect drastic, and …
Commentary: Noam Chomsky And Judicial Review, James G. Wilson
Commentary: Noam Chomsky And Judicial Review, James G. Wilson
Law Faculty Articles and Essays
Although Chomsky has never discussed judicial review in any detail, he recently made several interesting observations. He believes America's governmental structure remains acceptable, even desirable, even though all three federal branches have not just failed to protect us from private power's excesses but instead have devoted far too much of their energy and power to enhancing private power. The constitutional text creates a unique relationship between the Supreme Court and private power. Because the Court is staffed by unelected Justices who need not pander for money to be reelected, it is more independent of the rich and powerful than either …
Indigenization Of Constitutionalism In The Japanese Experience, The, Christopher A. Ford
Indigenization Of Constitutionalism In The Japanese Experience, The, Christopher A. Ford
Case Western Reserve Journal of International Law
No abstract provided.
Constitutional Fairness Or Fraud On The Constitution--Compensatory Discrimination In India, E. J. Prior
Constitutional Fairness Or Fraud On The Constitution--Compensatory Discrimination In India, E. J. Prior
Case Western Reserve Journal of International Law
No abstract provided.
The War Powers In French Constitutional Law, Elisabeth Zoller
The War Powers In French Constitutional Law, Elisabeth Zoller
Articles by Maurer Faculty
No abstract provided.
Preventing Sexual Violence: Setting Principled Constitutional Boundaries On Sex Offender Commitments, Eric S. Janus
Preventing Sexual Violence: Setting Principled Constitutional Boundaries On Sex Offender Commitments, Eric S. Janus
Indiana Law Journal
No abstract provided.
Equal Protection And The Special Relationship: The Case Of Native Hawaiians, Stuart M. Benjamin
Equal Protection And The Special Relationship: The Case Of Native Hawaiians, Stuart M. Benjamin
Faculty Scholarship
No abstract provided.
The Organic Constitution: Aboriginal Peoples And The Evolution Of Canada, Brian Slattery
The Organic Constitution: Aboriginal Peoples And The Evolution Of Canada, Brian Slattery
Osgoode Hall Law Journal
Despite recent advances in the law of aboriginal rights, most Canadian lawyers still tacitly view the Constitution as the outgrowth of European legal traditions, transplanted into North America. This article identifies the main features of this model of the Constitution and proposes a more appropriate model to replace it, one that recognizes the Constitution's deep roots in Canadian history and traditions, and acknowledges the distinctive contributions of Aboriginal peoples and their long-standing relations with the Crown.
Secret Proceedings In Canada, Ian Leigh
Secret Proceedings In Canada, Ian Leigh
Osgoode Hall Law Journal
National security and constitutionalism are often thought to be fundamentally incompatible. Recent reforms in Canada involve creative attempts to recognize constitutional rights to fair procedure within processes in which individuals' rights are in conflict with state security interests, such as security clearance, deportation, or access to information. The procedures examined in this article include in camera and ex parte review by Federal Court judges and the use of the Security Intelligence Review Committee. The analysis draws on interviews with participants and compares these procedures with other situations in which restrictions upon open justice have faced Charter challenge, especially under sections …
An Introduction To Mandatory Hiv Screening Of Newborns: A Child’S Welfare In Conflict With Its Mother’S Constitutional Rights—False Dichotomies Make Bad Law, Paris R. Baldacci
An Introduction To Mandatory Hiv Screening Of Newborns: A Child’S Welfare In Conflict With Its Mother’S Constitutional Rights—False Dichotomies Make Bad Law, Paris R. Baldacci
Faculty Articles
No abstract provided.
Administrative Law: The Hidden Comparative Law Course, Peter L. Strauss
Administrative Law: The Hidden Comparative Law Course, Peter L. Strauss
Faculty Scholarship
What does today's Administrative Law course give your students that you might not be aware of and might be helped by knowing? That, as I understand it, is the question I am to answer. But we may also want to think about the overall shape of the curriculum: it may be useful to ask about fundamental issues our students may not be aware of, that may not be dealt with elsewhere in the law school curriculum. I'll spend most of my time on the question I've been asked to address, but I hope you will accept a few sentences on …
S. 1629b The Tenth Amendment Enforcement Act Of 1996: Hearings On S. 1629 Before The Committee On Governmental Affairs 104th Cong. 2d Sess. 232-241 & 247-257, Mary Brigid Mcmanamon
S. 1629b The Tenth Amendment Enforcement Act Of 1996: Hearings On S. 1629 Before The Committee On Governmental Affairs 104th Cong. 2d Sess. 232-241 & 247-257, Mary Brigid Mcmanamon
Mary Brigid McManamon
No abstract provided.
In Defense Of Outlaws: Liberalism And The Role Of Reasonableness, Public Reason, And Tolerance In Multicultural Constitutionalism, Robert Justin Lipkin
In Defense Of Outlaws: Liberalism And The Role Of Reasonableness, Public Reason, And Tolerance In Multicultural Constitutionalism, Robert Justin Lipkin
Robert Justin Lipkin
No abstract provided.
Constitutional Architecture: The First Amendment And The Single Family House, John F. Nivala
Constitutional Architecture: The First Amendment And The Single Family House, John F. Nivala
John F. Nivala
No abstract provided.
Religious Justification In The American Communitarian Republic, Robert Justin Lipkin
Religious Justification In The American Communitarian Republic, Robert Justin Lipkin
Robert Justin Lipkin
No abstract provided.
New Federalism And Constitutional Criminal Procedure: Are We Repeating The Mistakes Of The Past?, James W. Diehm
New Federalism And Constitutional Criminal Procedure: Are We Repeating The Mistakes Of The Past?, James W. Diehm
James W. Diehm
H. Jefferson Powell On The American Constitutional Tradition: A Conversation, Randy Lee
H. Jefferson Powell On The American Constitutional Tradition: A Conversation, Randy Lee
Randy Lee
No abstract provided.
Principle, History, And Power: The Limits Of The First Amendment Religion Clauses, Stephen M. Feldman
Principle, History, And Power: The Limits Of The First Amendment Religion Clauses, Stephen M. Feldman
Stephen M. Feldman
This article addresses whether the religion clauses of the U.S. Constitution prohibit the injection of religious values into political debate. I argue that Christianity hegemonically controls American society and culturally oppresses outgroup religions, particularly the prototypical minority religion of Judaism. I critically analyze how the constitutional principle of separation of church and state contributes to the current orientation of power within American society. I approach the problem of Christian social power from three perspectives: symbolic power, structural power, and the relationship between symbolic and structural power.