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Articles 1 - 14 of 14
Full-Text Articles in Law
Procedural Due Process: The Original Understanding, Edward J. Eberle
Procedural Due Process: The Original Understanding, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
Substance, Process And Outcome In Constitutional Theory, David B. Lyons
Substance, Process And Outcome In Constitutional Theory, David B. Lyons
Faculty Scholarship
Scholarship in philosophy proceeds at a slower pace than in the law. As Tom Lehrer, the poet laureate of a recent generation, might have said, the law biz travels on a faster track. Or so it seems to a philosopher who has recently been treading the tracks of constitutional lawyers.
And so it is with apprehension that I take as my text a book that was published as long ago as 1980. As the title of this lecture might suggest to someone with so long a memory, the book is John Hart Ely's Democracy and Distrust.' That work provoked an …
Constitutional Law And Constitutional History, Lewis H. Larue
Constitutional Law And Constitutional History, Lewis H. Larue
Scholarly Articles
Not available.
Taking Libel Reform Seriously, Rodney A. Smolla
Revocation Of Academic Degrees By Colleges And Universities, Bernard D. Reams Jr.
Revocation Of Academic Degrees By Colleges And Universities, Bernard D. Reams Jr.
Faculty Articles
Recently, courts have decided that private and public colleges and universities can revoke degrees due to academic dishonesty. A university's authority to revoke degrees is supported by a logical extension of its conferral power, "black letter" contract law, and the precedential authority of Crook v. Baker, Waliga v. Board of Trustees of Kent State University, and Abalkhail v. Claremont University Center.
Although colleges enjoy great discretion in deciding whether to confer degrees, once the college grants a degree, its discretion to revoke that degree is governed by due process guidelines. In Crook, the university involved was public, triggering the applicability …
State Adoption Of Federal Law: Exploring The Limits Of Florida's "Forced Linkage" Amendment, Christopher Slobogin
State Adoption Of Federal Law: Exploring The Limits Of Florida's "Forced Linkage" Amendment, Christopher Slobogin
Vanderbilt Law School Faculty Publications
This article examines the "forced linkage" between state and federal provisions that the 1983 amendment establishes in Florida. It concludes that forced linkage is ill-conceived, because it is inimical to state court independence. Accordingly, this article argues, the 1983 amendment to article I, section 12 of the Florida Constitution should be repealed. If not repealed, it should be interpreted to permit Florida courts broad discretion in developing their own stance on search and seizure law. So construed, the amendment would only require Florida courts to abide by those United States Supreme Court opinions that provide (1) an authoritative holding that …
Public Contracts, Private Contracts, And The Transformation Of The Constitutional Order, Thomas W. Merrill
Public Contracts, Private Contracts, And The Transformation Of The Constitutional Order, Thomas W. Merrill
Faculty Scholarship
Modern interpretation of the Contract Clause of article 1, section 10 has created a dual standard of judicial review that bottoms upon the classification of a particular contract as public or private. However, which particular category has received greater deference has changed depending upon the precedential climate. Within his Article, Professor Merrill outlines three modern justifications for affording greater protection to public obligations “Kantian theory,” “process theory,” and “utilitarian theory.” He argues, however, that none of these theories adequately justify the dual standard of review, and concludes that a unitary analysis of the contract clause that affords no presumptions in …
Teaching Tolerance, Robert F. Nagel
Rationalism In Constitutional Law, Robert F. Nagel
Preface, Monroe E. Price
On The Constitutional Status Of The Administrative Agencies, Harold H. Bruff
On The Constitutional Status Of The Administrative Agencies, Harold H. Bruff
Publications
No abstract provided.
The Modern Misunderstanding Of Original Intent, H. Jefferson Powell
The Modern Misunderstanding Of Original Intent, H. Jefferson Powell
Faculty Scholarship
No abstract provided.
Thinking About Habeas Corpus, Erwin Chemerinsky
Thinking About Habeas Corpus, Erwin Chemerinsky
Faculty Scholarship
Hailed as the "great writ of liberty," the writ of habeas corpus protects the American citizenry from arbitrary and wrongful governmental imprisonment. The scope of the protection provided by the writ, however, has never been finally settled during it's almost 200 year existence. This is the result of failure on the part of those analyzing its scope to recognize the complexity of the issues involved and to confront the true issues that underlie its application. In this Article, Professor Chemerinsky discusses what he considers to be the four primary considerations of habeas issues; federalism, separation of powers, the purposes of …
Bargaining In The Shadow Of Eminent Domain: Valuing And Apportioning Condemnation Awards Between Landlord And Tenant, Victor P. Goldberg, Thomas W. Merrill, Daniel Unumb
Bargaining In The Shadow Of Eminent Domain: Valuing And Apportioning Condemnation Awards Between Landlord And Tenant, Victor P. Goldberg, Thomas W. Merrill, Daniel Unumb
Faculty Scholarship
Who has a constitutionally protected "property" interest when the government condemns land subject to a lease? Is it the landlord? The tenant? Or do both parties have property rights that entitle them to compensation? Further, how should the size of the total condemnation award be determined? Should we value the property rights of the landlord and the tenant separately and sum? Or should we value the entire parcel as if it were an undivided fee simple and apportion the award between the landlord and the tenant? If the condemnation award is based on the value of a fee simple and …