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Articles 1 - 20 of 20
Full-Text Articles in Law
False Or Suppressed Evidence: Why A Need For The Prosecutorial Tie, Ronald L. Carlson
False Or Suppressed Evidence: Why A Need For The Prosecutorial Tie, Ronald L. Carlson
Scholarly Works
Many United States Supreme Court decisions have overturned criminal convictions for the reason that the government employed false evidence to obtain the conviction or failed to disclose relevant evidence important to the defense. In reversing federal or state judgments, the Court often has located direct proof of wrongdoing by the prosecutor. The notorious "bloody shorts" case is an example in point.' There, the state introduced as evidence a pair of men's "blood-stained" undershorts to achieve conviction of the accused. When the blood turned out to be red paint, the Supreme Court granted habeas corpus relief to the defendant because "[it …
The Last Days Of Erastianism: Forms In The American Church-State Nexus, Robert E. Rodes
The Last Days Of Erastianism: Forms In The American Church-State Nexus, Robert E. Rodes
Journal Articles
In the long history of Christendom, an Erastian view of the relation between Church and State has existed in tension with a High Church view. This paper explores the current state of our current shopworn Erastian-like church-state nexus and considers what forces may bring a more relevant and effective institutional High Church witness into being. The fact that the United States has an Erastian-like church-state relation is borne out in a line of cases involving the judicial resolution of intra-church disputes and the effect to be given the mandates of ecclesiastical authority. It is also borne out in legislative and …
The Tentative Emergence Of Student Power In The United States, William W. Van Alstyne
The Tentative Emergence Of Student Power In The United States, William W. Van Alstyne
Faculty Scholarship
No abstract provided.
A Constitution For Every Man, William W. Van Alstyne
A Constitution For Every Man, William W. Van Alstyne
Faculty Publications
This review praises the collection of essays presented during the one hundredth anniversary of the ratification of the Fourteenth Amendment. The works expand on previous scholarship regarding the Fourteenth Amendment and provides a thorough understanding with smooth transitions through the Amendment’s different complexities and its history.
Unconstitutional Conditions Upon Public Employment: New Departures In The Protection Of First Amendment Rights, Harold H. Bruff
Unconstitutional Conditions Upon Public Employment: New Departures In The Protection Of First Amendment Rights, Harold H. Bruff
Publications
No abstract provided.
The Tentative Emergence Of Student Power In The United States, William W. Van Alstyne
The Tentative Emergence Of Student Power In The United States, William W. Van Alstyne
Faculty Publications
No abstract provided.
A Critical Guide To Marbury V. Madison, William W. Van Alstyne
A Critical Guide To Marbury V. Madison, William W. Van Alstyne
Faculty Publications
The concept of judicial review of the constitutionality of state and federal statutes by the Supreme Court is generally rested upon the epic decision in Marbury v. Madison. The controversies which have surrounded the exercise of this power by the Supreme Court require a periodic reexamination of the concept of judicial review at its source, the Marbury opinion. This article proceeds by examining the historical context in which the case arose and analyzes the opinion in terms of various alternative approaches which might have been utilized by Chief Justice Marshall. The specific holding of the case is isolated in contrast …
The Constitutional Rights Of Public Employees: A Comment On The Inappropriate Uses Of An Old Analogy, William W. Van Alstyne
The Constitutional Rights Of Public Employees: A Comment On The Inappropriate Uses Of An Old Analogy, William W. Van Alstyne
Faculty Publications
Beginning with Justice Douglass's assertion that the State is bound in the same ways when acting as an employer as it is when acting as a governing body, this examination delves deeper to determine how this doctrine actually limits the government when it acts as an employer. This article endorses the theory of examining these limits not in the context of if the government is allowed to enforce them in the public sphere, but if the government may mandate such limits in the private sphere.
Presidential War-Making: Constitutional Prerogative Or Usurpation?, W. Taylor Reveley Iii
Presidential War-Making: Constitutional Prerogative Or Usurpation?, W. Taylor Reveley Iii
Faculty Publications
No abstract provided.
A Constitution For Every Man, William W. Van Alstyne
A Constitution For Every Man, William W. Van Alstyne
Faculty Scholarship
No abstract provided.
A Suggested Seminar In Student Rights, William W. Van Alstyne
A Suggested Seminar In Student Rights, William W. Van Alstyne
Faculty Publications
No abstract provided.
Conscription And The Constitution: The Original Understanding, Leon Friedman
Conscription And The Constitution: The Original Understanding, Leon Friedman
Hofstra Law Faculty Scholarship
The general words of the Constitution-famous phrases such as "due process," "freedom of speech," "interstate commerce, and "raise and support armies"-are not self-evident concepts. As Justice Frankfurter said, "The language of the [Constitution] is to be read not as barren words found in a dictionary but as symbols of historic experience illumined by the presuppositions of those who employed them. Not what words did Madison and Hamilton use, but what was it in their minds which they conveyed?" While the framers obviously could not have foreseen the discovery of electromagnetic radio waves or atomic energy, and had no "intent" concerning …
The Constitutional Rights Of Public Employees: A Comment On The Inappropriate Uses Of An Old Analogy, William W. Van Alstyne
The Constitutional Rights Of Public Employees: A Comment On The Inappropriate Uses Of An Old Analogy, William W. Van Alstyne
Faculty Scholarship
Beginning with Justice Douglass's assertion that the State is bound in the same ways when acting as an employer as it is when acting as a governing body, this examination delves deeper to determine how this doctrine actually limits the government when it acts as an employer. This article endorses the theory of examining these limits not in the context of if the government is allowed to enforce them in the public sphere, but if the government may mandate such limits in the private sphere
New Frontiers, Michael E. Tigar
Comments On Powell V. Mccormick, Charles E. Rice
Comments On Powell V. Mccormick, Charles E. Rice
Journal Articles
Powell v. McCormack is an unfortunate decision, principally because the Supreme Court should never have exercised its jurisdiction over the case. The ruling, however, is chiefly open to criticism, not because it is demonstrably contrary to established rules of law, but because it runs counter to those less clearly articulated, and essentially precatory, admonitions of judicial restraint which are implicit in the separation of governmental powers. The crucial point is not the jurisdiction of the subject matter, the Speech or Debate Clause, the issue of mootness raised by Justice Stewart in dissent or the substantive merits of Adam Clayton Powell's …
Book Review. Law In India, Ralph F. Fuchs
Book Review. Law In India, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Comment On Powell V. Mccormack, Terrance Sandalow
Comment On Powell V. Mccormack, Terrance Sandalow
Articles
The rapid pace of constitutional change during the past decade has blunted our capacity for surprise at Supreme Court decisions. Nevertheless, Powell v. McCormack is a surprising decision. Avoidance of politically explosive controversies was not one of the most notable characteristics of the Warren Court. And yet, it is one thing for the Court to do battle with the Congress in the service of important practical ends or when the necessity of doing so is thrust upon it by the need to discharge its traditional responsibilities. It is quite another to tilt at windmills, especially at a time when the …
The Court Acknowledges The Illegitimate: Levy V. Louisiana And Glona V. American Guarantee & Liability Insurance Co., John C. Gray Jr., David Rudovsky
The Court Acknowledges The Illegitimate: Levy V. Louisiana And Glona V. American Guarantee & Liability Insurance Co., John C. Gray Jr., David Rudovsky
All Faculty Scholarship
No abstract provided.
Federal Communications Commission's Fairness Regulations A First Steptowards Creation Of A Right Of Access To The Mass Media, Michael Botein
Federal Communications Commission's Fairness Regulations A First Steptowards Creation Of A Right Of Access To The Mass Media, Michael Botein
Articles & Chapters
No abstract provided.
The Regulation And Administration Of The Welfare Hearing Process – The Need For Administrative Responsibility, Robert E. Scott
The Regulation And Administration Of The Welfare Hearing Process – The Need For Administrative Responsibility, Robert E. Scott
Faculty Scholarship
In recent years, the concept of public welfare has undergone substantial conceptual changes, the primary being a shift from the older concept of gratuity to one of statutory entitlement pursuant to the Social Security Act. This paper seeks to examine and analyze the administrative "fair hearing" as a means of effective regulation of administrative discretion and enforcement of the entitlement provisions of the federal act. Primary emphasis is placed on a comparative treatment of state hearing procedures and federal hearing regulations to determine whether the fair hearing is, at present, a viable means of insuring due process in welfare administration.