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Articles 1 - 30 of 107
Full-Text Articles in Law
[Letter To Kenneth Starr, Solicitor General, On Ayers V. Allain], J. Clay Smith Jr.
[Letter To Kenneth Starr, Solicitor General, On Ayers V. Allain], J. Clay Smith Jr.
Selected Speeches
No abstract provided.
Administrative Failure And Local Democracy: The Politics Of Deshaney, Jack M. Beermann
Administrative Failure And Local Democracy: The Politics Of Deshaney, Jack M. Beermann
Faculty Scholarship
This Essay is an effort to construct a normative basis for a constitutional theory to resist the Supreme Court's recent decision in DeShaney v. Winnebago County Department of Social Services.1 In DeShaney, the Court decided that a local social service worker's failure to prevent child abuse did not violate the due process clause of the fourteenth amendment even though the social worker "had reason to believe" the abuse was occurring. 2 Chief Justice Rehnquist's opinion for the Court held that government inaction cannot violate due process unless the state has custody of the victim, 3 thus settling a controversial …
Rule 11 And Civil Rights Lawyers Comments Of National Bar Association In Response To The Call For Comments Issued By The Advisory Committee On The Civil Rules Judicial Conference Of The United States, J. Clay Smith Jr.
Selected Speeches
No abstract provided.
Levels Of Generality In The Definition Of Rights, Laurence H. Tribe, Michael C. Dorf
Levels Of Generality In The Definition Of Rights, Laurence H. Tribe, Michael C. Dorf
Cornell Law Faculty Publications
This article focuses on one important aspect of the quest for constitutional meaning: how to determine whether a particular liberty-whether or not expressly enumerated in the Bill of Rights-is a "fundamental" right. Whether under the somewhat tarnished banner of substantive due process or under a different rubric, the designation of a right as fundamental requires that the state offer a compelling justification for limitations of that right. In addition, under the Equal Protection Clause of the Fourteenth Amendment, state-sanctioned inequalities that bear upon the exercise of a fundamental right will be upheld only if they serve a compelling governmental interest. …
Academic Freedom, Hate Speech, And The Idea Of A University, Rodney A. Smolla
Academic Freedom, Hate Speech, And The Idea Of A University, Rodney A. Smolla
Faculty Publications
No abstract provided.
Academic Freedom: A Bibliography, Janet Sinder
Academic Freedom: A Bibliography, Janet Sinder
Faculty Scholarship
No abstract provided.
Academic Freedom, Hate Speech, And The Idea Of A University, Rodney A. Smolla
Academic Freedom, Hate Speech, And The Idea Of A University, Rodney A. Smolla
Scholarly Articles
Not available.
Habeas Corpus Committee - Correspondence, Lewis F. Powell Jr.
Habeas Corpus Committee - Correspondence, Lewis F. Powell Jr.
Habeas Corpus Committee
No abstract provided.
The Self-Incrimination Debate, Mark Berger
Preliminary Reflections On Mckesson And American Trucking Associations, Walter Hellerstein
Preliminary Reflections On Mckesson And American Trucking Associations, Walter Hellerstein
Scholarly Works
On June 4, 1990, the Supreme Court issued its long awaited decisions in McKesson Corp v. Division of Alcoholic Beverages and Tobacco and American Trucking Associations, Inc. v. Smith. Both cases raised the question of whether a taxpayer has a right to a refund of unconstitutional state taxes. This article analyzes these decisions separately and considers the implications of these decisions on future state tax litigation. The article has two purposes: first, to analyze the McKesson and American Trucking Association cases; and second, to consider their implications for future constitutional challenges to state taxes. The article concludes by stating …
Territorial Governments And The Limits Of Formalism, Gary S. Lawson
Territorial Governments And The Limits Of Formalism, Gary S. Lawson
Faculty Scholarship
For much of this nation's history, the governance of American territories, such as the island of Guam, was one of the most significant and oft-litigated problems of American constitutional law. In modern times, however, issues of territorial governance have been reduced to the status of constitutional arcana. Professor Lawson maintains that this frequently neglected problem of territorial governance is an ideal context in which to conduct the resurgent modern debate concerning separation of powers theory. Accordingly, Professor Lawson undertakes a formalist analysis of the principal institutions of American territorial governance, finding all of them incompatible with a formalist understanding of …
Habeas Corpus Committee - Correspondence, Lewis F. Powell Jr.
Habeas Corpus Committee - Correspondence, Lewis F. Powell Jr.
Habeas Corpus Committee
No abstract provided.
Habeas Corpus Committee - Testimony By Powell, Lewis F. Powell Jr.
Habeas Corpus Committee - Testimony By Powell, Lewis F. Powell Jr.
Habeas Corpus Committee
No abstract provided.
Democracy And Its Critics, Cary Coglianese
Democracy And Its Critics, Cary Coglianese
All Faculty Scholarship
No abstract provided.
Courts Busy With Challenges To Pennsylvania's Insurance Laws, Bruce Ledewitz
Courts Busy With Challenges To Pennsylvania's Insurance Laws, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Habeas Corpus Committee - Lecture At Uva Law School, Lewis F. Powell Jr.
Habeas Corpus Committee - Lecture At Uva Law School, Lewis F. Powell Jr.
Habeas Corpus Committee
No abstract provided.
Habeas Corpus Committee - Correspondence, Lewis F. Powell Jr.
Habeas Corpus Committee - Correspondence, Lewis F. Powell Jr.
Habeas Corpus Committee
No abstract provided.
Court Lifts Amortization Ban On Pa. Non-Conforming Uses, Bruce Ledewitz
Court Lifts Amortization Ban On Pa. Non-Conforming Uses, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
The Corporate Personality In American Law: A Summary Review, Phillip Blumberg
The Corporate Personality In American Law: A Summary Review, Phillip Blumberg
Faculty Articles and Papers
No abstract provided.
The Bork Nomination And The Definition Of "The Constitution", Richard Kay
The Bork Nomination And The Definition Of "The Constitution", Richard Kay
Faculty Articles and Papers
No abstract provided.
Are Courts Competent To Decide Competency Questions? Stripping The Facade From United States V. Charters, Michael L. Perlin
Are Courts Competent To Decide Competency Questions? Stripping The Facade From United States V. Charters, Michael L. Perlin
Articles & Chapters
No abstract provided.
Rethinking First Amendment Assumptions About Racist And Sexist Speech, Rodney A. Smolla
Rethinking First Amendment Assumptions About Racist And Sexist Speech, Rodney A. Smolla
Faculty Publications
No abstract provided.
Out-Of-State Trash: Solid Waste And The Dormant Commerce Clause, Bradford Mank
Out-Of-State Trash: Solid Waste And The Dormant Commerce Clause, Bradford Mank
Faculty Articles and Other Publications
America faces a garbage crisis. Many cities and states are rapidly depleting their landfill capacity for ordinary municipal solid waste.The "Not In My Back Yard" (NIMBY) syndrome hinders regional and national solutions to the solid waste problem. This Article examines to what extent local communities may exclude solid waste from out-of-state sources without violating the Commerce Clause.
Abortion Rights (Symposium: The Supreme Court And Local Government Law; The 1989-90 Term), Eileen Kaufman
Abortion Rights (Symposium: The Supreme Court And Local Government Law; The 1989-90 Term), Eileen Kaufman
Scholarly Works
No abstract provided.
Indeterminacy And Incommensurability In Constitutional Law, Steven L. Winter
Indeterminacy And Incommensurability In Constitutional Law, Steven L. Winter
Law Faculty Research Publications
Progressive constitutional scholarship has yet fully to confront the implications of the conservative shift in constitutional law. Liberal critics continue to seek governing constitutional theories with which to constrain decisionmaking by judges of a notably different mind. Other, more radical scholars employ the indeterminacy and "law is politics" critiques in a more open attempt at displacement. Neither approach is viable, however. Each presumes the primacy of the autonomous, self-directing subject; each resists recognition of the situated nature of all human endeavor. This essay adopts the alternative strategy: exploring the implications of situatedness as they apply to the development, practice, and …
Constitutional Constraints On Proving "Whodunnit?", John O. Sonsteng
Constitutional Constraints On Proving "Whodunnit?", John O. Sonsteng
Faculty Scholarship
American system places these constraints on the age old criminal law question: “WHODUNIT?” This article explores these issues.
The Interpretation Of International Maritime Conventions In United States Law, Mark Weston Janis
The Interpretation Of International Maritime Conventions In United States Law, Mark Weston Janis
Faculty Articles and Papers
In the United States, the interpretation of international maritime conventions is carried out within the general context of U.S. constitutional law. The Constitution's Article 11(2) provides that the President of the United States is granted the Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two-thirds of the Senators present concur. Article 111(2) extends the judicial power of the United States to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority. Article VI(2) instructs that the …
Religious Free Speech Rights Of Students In Public Schools: The Educator's Dilemma, Rosalie Levinson
Religious Free Speech Rights Of Students In Public Schools: The Educator's Dilemma, Rosalie Levinson
Law Faculty Publications
No abstract provided.
Review, Constitutional Brinkmanship: Amending The Constitution By National Convention, Richard Kay
Review, Constitutional Brinkmanship: Amending The Constitution By National Convention, Richard Kay
Faculty Articles and Papers
Reviewing Constitutional Brinkmanship: Amending the Constitution by National Convention. By Russell L. Caplan., New York: Oxford University Press. 1988.
Constitutional Cultures: Constitutional Law, Richard Kay
Constitutional Cultures: Constitutional Law, Richard Kay
Faculty Articles and Papers
Reviewing Constitutional Cultures: The Mentality and Consequences of Judicial Review. Robert F. Nagel. University of California, 1989