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Series

Constitutional Law

1995

Institution
Keyword
Publication

Articles 1 - 30 of 104

Full-Text Articles in Law

Original Intent And Article Iii, Michael L. Wells, Edward J. Larson Nov 1995

Original Intent And Article Iii, Michael L. Wells, Edward J. Larson

Scholarly Works

Article III of the United States Constitution sets limits on the ability of the legislature to expand or contract the jurisdiction of the federal courts. The Supreme Court has generally held that Article III's restraints on the power of the legislature to restrict the jurisdiction of the federal courts are few and extremely permissive. Many scholars, however, argue that Article III imposes some strong limitations on the legislature's ability to define federal jurisdiction. Strangely, both sides of the debate rely on originalist arguments. This Article argues that reliance on the Framers' intent to resolve issues of federal courts ...


The "Burden" Of Proof In Federal Habeas Litigation, J. Thomas Sullivan Oct 1995

The "Burden" Of Proof In Federal Habeas Litigation, J. Thomas Sullivan

Faculty Scholarship

No abstract provided.


Sexual Psychopath Legislation: Is There Anywhere To Go But Backwards?, Andrew Horwitz Oct 1995

Sexual Psychopath Legislation: Is There Anywhere To Go But Backwards?, Andrew Horwitz

Law Faculty Scholarship

No abstract provided.


State Constitutions, School Finance Litigation, And The "Third Wave": From Equity To Adequacy, Michael Heise Oct 1995

State Constitutions, School Finance Litigation, And The "Third Wave": From Equity To Adequacy, Michael Heise

Cornell Law Faculty Publications

No abstract provided.


A Comment On Text, Time And Audience Understanding In Constitutional Law, Michael C. Dorf Oct 1995

A Comment On Text, Time And Audience Understanding In Constitutional Law, Michael C. Dorf

Cornell Law Faculty Publications

No abstract provided.


Commerce Clause Restraints On State Taxation After Jefferson Lines, Walter Hellerstein, Michael J. Mcintyre, Richard D. Pomp Oct 1995

Commerce Clause Restraints On State Taxation After Jefferson Lines, Walter Hellerstein, Michael J. Mcintyre, Richard D. Pomp

Scholarly Works

The Supreme Court's 1977 decision in Complete Auto Transit, Inc. v. Brady signaled a paradigmatic shift in the Court's approach to state tax adjudication under the dormant Commerce Clause. In Complete Auto, the Court repudiated the formalistic school of interpretation that once had governed Commerce Clause analysis of state taxation because it bore ‘no relationship to economic realities.’ In its place, the Court embraced a decisional framework that ‘considered not the formal language of the tax statute but rather its practical effect.’ In furtherance of this objective, the Court suggested a four-part test to guide the constitutional analysis ...


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

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

Supreme Court Preview

No abstract provided.


Shifts And Implications Of Federalism For Civil Rights, J. Clay Smith Jr. Aug 1995

Shifts And Implications Of Federalism For Civil Rights, J. Clay Smith Jr.

Selected Speeches

No abstract provided.


"Neither Force Nor Will", Lewis H. Larue Jul 1995

"Neither Force Nor Will", Lewis H. Larue

Scholarly Articles

Not available.


State Constitutional Litigation, Educational Finance, And Legal Impact: An Empirical Analysis, Michael Heise Jul 1995

State Constitutional Litigation, Educational Finance, And Legal Impact: An Empirical Analysis, Michael Heise

Cornell Law Faculty Publications

No abstract provided.


Censorship Of Cyberspace A Personal Choice, I. Trotter Hardy Jun 1995

Censorship Of Cyberspace A Personal Choice, I. Trotter Hardy

Popular Media

No abstract provided.


Justice William Johnson And The History Of Supreme Court Dissent, Meredith Kolsky Lewis Jun 1995

Justice William Johnson And The History Of Supreme Court Dissent, Meredith Kolsky Lewis

Journal Articles

No abstract provided.


Order Flow Cases: Jurisdiction, Preemption And Securities Laws, Richard L. Stone, Francis J. Facciolo May 1995

Order Flow Cases: Jurisdiction, Preemption And Securities Laws, Richard L. Stone, Francis J. Facciolo

Faculty Publications

(Excerpt)

Primary jurisdiction and preemption issues arise in securities class action litigation when alleged violations of state law arise from conduct that is either explicitly or implicitly regulated by the federal securities laws.

These are two distinct theories: one is a matter of administrative law and judicial economy (primary jurisdiction); the other is a matter of constitutional law involving the Supremacy Clause (preemption). To date, there has not been extensive case law involving preemption and the federal securities laws (other than in the blue sky and tender offer areas) and there has been almost no case law on primary jurisdiction ...


The New Federalism, Richard C. Reuben Apr 1995

The New Federalism, Richard C. Reuben

Faculty Publications

the 10th Amendment was something they noted for the bar exam and then promptly forgot about. But for many conservative lawyers and politicians, the 10th Amendment- which reserves to the states all powers not given to the federal government-has been anything but academic. For them, it embodies the founders' promise for a nation in which the states and federal government are near-equal partners. And they have fought long and hard to give the amendment its proper due. As the rise of House Speaker Newt Gingrich, R-Ga., and his Contract with America attest, their day may have finally come. Today, federalism ...


Dangerous Misperceptions: Protecting Police Officers, Society, And The Fourth Amendment Right To Personal Security, Kathryn R. Urbonya Apr 1995

Dangerous Misperceptions: Protecting Police Officers, Society, And The Fourth Amendment Right To Personal Security, Kathryn R. Urbonya

Faculty Publications

No abstract provided.


Institutions And Linguistic Conventions: The Pragmatism Of Lieber's Legal Hermeneutics, Guyora Binder Apr 1995

Institutions And Linguistic Conventions: The Pragmatism Of Lieber's Legal Hermeneutics, Guyora Binder

Journal Articles

This article presents Francis Lieber’s 1839 treatise “Legal and Political Hermeneutics” as a surprisingly modern and pragmatic account of interpretation. It first explicates the two most important influences on Liber’s thought, the romantic philology of Friedrich Schleiermacher, and the institutional positivism of Whig jurists Story and Kent. It shows that both of these sources frankly acknowledged that interpretation is an institutional practice, organized by the evolving aims and customs of the institutions within which it took place. Both tended to view the writing and reading of texts as the deployment of linguistic conventions. Both movements thereby viewed meaning ...


The Separation Of The Religious And The Secular: A Foundational Challenge To First Amendment Theory, Laura S. Underkuffler Mar 1995

The Separation Of The Religious And The Secular: A Foundational Challenge To First Amendment Theory, Laura S. Underkuffler

Cornell Law Faculty Publications

No abstract provided.


Double Jeopardy And The Fraudulently-Obtained Acquittal, David S. Rudstein Mar 1995

Double Jeopardy And The Fraudulently-Obtained Acquittal, David S. Rudstein

All Faculty Scholarship

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.


On The 'Fruits' Of Miranda Violations, Coerced Confessions, And Compelled Testimony, Yale Kamisar Mar 1995

On The 'Fruits' Of Miranda Violations, Coerced Confessions, And Compelled Testimony, Yale Kamisar

Articles

Professor Akhil Reed Amar and Ms. Renee B. Lettow have written a lively, provocative article that will keep many of us who teach constitutional-criminal procedure busy for years to come. They present a reconception of the "first principles" of the Fifth Amendment, and they suggest a dramatic reconstruction of criminal procedure. As a part of that reconstruction, they propose, inter alia, that at a pretrial hearing presided over by a judicial officer, the government should be empowered to compel a suspect, under penalty of contempt, to provide links in the chain of evidence needed to convict him.


Physician Assisted Suicide: The Last Bridge To Active Voluntary Euthanasia, Yale Kamisar Jan 1995

Physician Assisted Suicide: The Last Bridge To Active Voluntary Euthanasia, Yale Kamisar

Book Chapters

SOME 30 YEARS AGO an eminent constitutional law scholar, Charles L. Black, Jr, spoke of 'toiling uphill against that heaviest of all argumental weights- the weight of a slogan.' I am reminded of that observation when I confront the slogan the 'right to die.' Few rallying cries or slogans are more appealing and seductive than the 'right to die.' But few are more fuzzy, more misleading, or more misunderstood.


A Framework For Analysis Of The Takings Issue, David S. Favre Jan 1995

A Framework For Analysis Of The Takings Issue, David S. Favre

Faculty Publications

No abstract provided.


The Second Adoption Of The Establishment Clause: The Rise Of The Non-Establishment Principle, Kurt T. Lash Jan 1995

The Second Adoption Of The Establishment Clause: The Rise Of The Non-Establishment Principle, Kurt T. Lash

Law Faculty Publications

In the 70 years since Gitlow first incorporated the First Amendment protections of speech and press against the states, the Establishment Clause has been a boon to incorporation's enemies and an embarrassment to its friends. Scholars who make the historical case for general incorporation either ignore, or carefully distinguish, the case of the Establishment Clause. Anti-incorporationists, on the other hand, use the case against incorporation of the Establishment Clause as their cause celebre. In fact, so wonderfully ambiguous is the history surrounding this opening line of the Bill of Rights that originalists use it to attack incorporation, and nonoriginalists ...


Vampires Among Us, Floralynn Einesman Jan 1995

Vampires Among Us, Floralynn Einesman

Faculty Scholarship

The integrity of an individual's person is a cherished value of our society. That we today hold that the Constitution does not forbid the States minor intrusions into an individual's body under stringently limited conditions in no way indicates that it permits more substantial intrusions, or intrusions under other conditions.


Waiving Sovereign Immunity In An Age Of Clear Statement Rules, John C. Nagle Jan 1995

Waiving Sovereign Immunity In An Age Of Clear Statement Rules, John C. Nagle

Journal Articles

No abstract provided.


Liberating Commercial Speech: Product Labeling Controls And The First Amendment, Lars Noah, Barbara A. Noah Jan 1995

Liberating Commercial Speech: Product Labeling Controls And The First Amendment, Lars Noah, Barbara A. Noah

Faculty Scholarship

As federal regulators impose increasing limits on what manufacturers may say about their products, constitutional protections for commercial speech become ever more important. Indeed, the United States Supreme Court's most recent First Amendment decisions suggest meaningful regard for the value of advertising and labeling as types of protected expression. At the same time, however, federal lawmakers are imposing ever more onerous restrictions on promotional activities and product labeling. The Authors discuss federal law relating to regulation of product labeling.


Covenant Constitutionalism And The Canada Assistance Plan, Craig M. Scott Jan 1995

Covenant Constitutionalism And The Canada Assistance Plan, Craig M. Scott

Articles & Book Chapters

No abstract provided.


Federalism And Families, Anne Dailey Jan 1995

Federalism And Families, Anne Dailey

Faculty Articles and Papers

No abstract provided.


Telling Stories About Constitutional Law, Lewis H. Larue Jan 1995

Telling Stories About Constitutional Law, Lewis H. Larue

Scholarly Articles

Not available.


An American Perspective On Environmental Impact Assessment In Australia, Mark Squillace Jan 1995

An American Perspective On Environmental Impact Assessment In Australia, Mark Squillace

Articles

No abstract provided.