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Articles 1 - 13 of 13

Full-Text Articles in Law

The Fate Of Constitutional Ipse Dixits, William W. Van Alstyne Dec 1983

The Fate Of Constitutional Ipse Dixits, William W. Van Alstyne

Faculty Publications

No abstract provided.


The Reporter's Privilege: An Analysis Of The Common Law, Branzberg V. Hayes , And Recent Statutory Developments, Paul Marcus Oct 1983

The Reporter's Privilege: An Analysis Of The Common Law, Branzberg V. Hayes , And Recent Statutory Developments, Paul Marcus

Faculty Publications

No abstract provided.


Refining The Lawmaking Function Of The Supreme Court, Frederick Schauer Oct 1983

Refining The Lawmaking Function Of The Supreme Court, Frederick Schauer

Faculty Publications

No abstract provided.


Interpreting This Constitution: The Unhelpful Contributions Of Special Theories Of Judicial Review, William W. Van Alstyne Apr 1983

Interpreting This Constitution: The Unhelpful Contributions Of Special Theories Of Judicial Review, William W. Van Alstyne

Faculty Publications

This paper examines several different theories surrounding judicial review and finds many of these theories lacking. Modern trends of literal interpretations and precise language have removed the optimistic nature of Constitutional language and is largely responsible for the hesitancy of other nations to adopt a supreme constitution.


Retroactivity: A Study In Supreme Court Doctrine As Applied, John Bernard Corr Jan 1983

Retroactivity: A Study In Supreme Court Doctrine As Applied, John Bernard Corr

Faculty Publications

The judicial creation of a new rule of law raises the essential question whether that rule is to be applied retroactively orprospectively only. The consistency of the traditionalm andatoryr etroactivityr ule has given way to a more flexible retroactivity ana sis. The change occurred in 1965 when the Supreme Court in Linkletter v. Walker squarelfaced a rule that, if applied retroactively, would have affected thousands of criminal convictions. The Linkletter doctrine has since defined the contours of federal retroactivity ana sis to include three basic considerations: purpose of the rule in question, reliance by theparties on the rule, and effect …


“Taking” A Constitutional Look At The State Bar Of Texas Proposal To Collect Interest On Attorney-Client Trust Accounts, Thomas E. Baker, Robert E. Wood Jr. Jan 1983

“Taking” A Constitutional Look At The State Bar Of Texas Proposal To Collect Interest On Attorney-Client Trust Accounts, Thomas E. Baker, Robert E. Wood Jr.

Faculty Publications

No abstract provided.


Edward Keyes' Undeclared War: Twilight Zone Of Constitutional Power, W. Taylor Reveley Iii Jan 1983

Edward Keyes' Undeclared War: Twilight Zone Of Constitutional Power, W. Taylor Reveley Iii

Faculty Publications

No abstract provided.


Constitutional Criminal Procedure, Thomas E. Baker Jan 1983

Constitutional Criminal Procedure, Thomas E. Baker

Faculty Publications

No abstract provided.


The Future Of Defamation In Illinois After Colson V. Steig And Chapski V. Copley Press, Inc., Linda A. Malone, Rodney A. Smolla Jan 1983

The Future Of Defamation In Illinois After Colson V. Steig And Chapski V. Copley Press, Inc., Linda A. Malone, Rodney A. Smolla

Faculty Publications

No abstract provided.


Integration And Local Politics, Neal Devins Jan 1983

Integration And Local Politics, Neal Devins

Faculty Publications

No abstract provided.


U.S. Supreme Court: 1982-83 Term: Part I, Paul C. Giannelli Jan 1983

U.S. Supreme Court: 1982-83 Term: Part I, Paul C. Giannelli

Faculty Publications

No abstract provided.


Must Speech Be Special?, Frederick Schauer Jan 1983

Must Speech Be Special?, Frederick Schauer

Faculty Publications

No abstract provided.


U.S. States Supreme Court: 1982-83 Term: Partii, Paul C. Giannelli Jan 1983

U.S. States Supreme Court: 1982-83 Term: Partii, Paul C. Giannelli

Faculty Publications

No abstract provided.