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Articles 1 - 13 of 13
Full-Text Articles in Law
The Fate Of Constitutional Ipse Dixits, William W. Van Alstyne
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
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
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
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
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.
“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
Edward Keyes' Undeclared War: Twilight Zone Of Constitutional Power, W. Taylor Reveley Iii
Faculty Publications
No abstract provided.
Constitutional Criminal Procedure, Thomas E. Baker
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
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
Integration And Local Politics, Neal Devins
Faculty Publications
No abstract provided.
U.S. Supreme Court: 1982-83 Term: Part I, Paul C. Giannelli
U.S. Supreme Court: 1982-83 Term: Part I, Paul C. Giannelli
Faculty Publications
No abstract provided.
Must Speech Be Special?, Frederick Schauer
U.S. States Supreme Court: 1982-83 Term: Partii, Paul C. Giannelli
U.S. States Supreme Court: 1982-83 Term: Partii, Paul C. Giannelli
Faculty Publications
No abstract provided.