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Series

Constitution

Faculty Scholarship

Discipline
Institution
Publication Year

Articles 61 - 71 of 71

Full-Text Articles in Law

What The Constitution Means By Executive Power, Charles J. Cooper, Orrin Hatch, Eugene V. Rowstow, Michael E. Tigar Jan 1988

What The Constitution Means By Executive Power, Charles J. Cooper, Orrin Hatch, Eugene V. Rowstow, Michael E. Tigar

Faculty Scholarship

No abstract provided.


The Privileges And Immunities Clause Of Article Iv, David S. Bogen Jan 1987

The Privileges And Immunities Clause Of Article Iv, David S. Bogen

Faculty Scholarship

No abstract provided.


Book Review: The Constitution In The Supreme Court: The First Hundred Years, 1789-1888., David S. Bogen Jan 1986

Book Review: The Constitution In The Supreme Court: The First Hundred Years, 1789-1888., David S. Bogen

Faculty Scholarship

No abstract provided.


Revolutionary Constitutionalism In The Era Of The Civil War And Reconstruction , Robert J. Kaczorowski Jan 1986

Revolutionary Constitutionalism In The Era Of The Civil War And Reconstruction , Robert J. Kaczorowski

Faculty Scholarship

The meaning and scope of the fourteenth amendment and the Civil Rights Act of 1866 remain among the most controversial issues in American constitutional law. Professor Kaczorowski contends that the issues have generated more controversy than they warrant, in part because scholars analyzing the legislative history of the amendment and statute have approached their task with preconceptions reflecting twentieth century legal concerns. He argues that the most important question for the framers was whether national or state governments possessed primary authority to determine and secure the status and rights of American citizens. Relying on records of the congressional debates as ...


Notes On A Bicentennial Constitution: Part I, Processes Of Change, William W. Van Alstyne Jan 1984

Notes On A Bicentennial Constitution: Part I, Processes Of Change, William W. Van Alstyne

Faculty Scholarship

With the approach of the Bill of Rights bicentennial, this paper takes the cause for celebration as an equally important occasion for critique. This work argues that the most distinguishing aspects of our Constitution are not the Bill of Rights, federalism, and separation of powers, but rather the availability of judicial review, the political insulation of federal judges, and the limited mechanisms available for constitutional change.


The Discretionary Constitution Institutional Remedies And Judicial Legitimacy, William A. Fletcher Jan 1981

The Discretionary Constitution Institutional Remedies And Judicial Legitimacy, William A. Fletcher

Faculty Scholarship

No abstract provided.


Exclusionary Land Use Controls And The Takings Issue, Robert R. Wright Jan 1980

Exclusionary Land Use Controls And The Takings Issue, Robert R. Wright

Faculty Scholarship

No abstract provided.


Regulation Of Electroconvulsive Therapy, Carol Sanger Jan 1976

Regulation Of Electroconvulsive Therapy, Carol Sanger

Faculty Scholarship

Regulation of ECT has generally focused on whether the patient or his representative effectively consented to the treatment. The highly intrusive nature of ECT and the unique circumstances of those patients who are likely to receive it create particularly difficult legal issues concerning the validity of the patient's consent. This Note will examine the various methods that are available to protect the rights of patients for whom ECT is proposed. After briefly explaining the nature of the therapy, the Note will discuss the efficacy of judicial remedies with respect to both competent and incompetent patients. It will argue that ...


Regulation Of Electroconvulsive Therapy, Carol Sanger Jan 1976

Regulation Of Electroconvulsive Therapy, Carol Sanger

Faculty Scholarship

Electroconvulsive therapy (ECT) is a psychiatric procedure that induces a convulsive seizure in the patient in order to treat severe depression. Recently, courts, legislatures, and the medical profession have paid increasing attention to the regulation of ECT. Their interest has been stimulated by the growing recognition of the rights of mental patients, the developing role of consent in medical transactions, and the results of recent scientific research on the efficacy and consequences of ECT.

Regulation of ECT has generally focused on whether the patient or his representative effectively consented to the treatment. The highly intrusive nature of ECT and the ...


Book Review, William W. Van Alstyne Jan 1964

Book Review, William W. Van Alstyne

Faculty Scholarship

This review of "The Supreme Court on Trial" by Charles Hyneman, questions why the work’s tackling the age-old issues of the source of judicial review and its constitutionality is particularly novel or unique from other such examinations. Issue is also taken with Brown v. Board of Educaion's dominance of such discussion and the book’s poor treatment of the desegregation cases.


Book Review, William W. Van Alstyne Jan 1963

Book Review, William W. Van Alstyne

Faculty Scholarship

This review champions the editor’s use of Mr. Justice Black’s own opinions in showcasing his emphasis of the emancipating aspects of the Constitution. This work cautions the reader to avoid relying on this compilation as an accurate depiction of the state of the law, especially considering that most of the included opinions are dissents.