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Articles 1 - 15 of 15

Full-Text Articles in Law

National Farmers Union Insurance Cos. V. Crow Tribe Of Indians, Lewis F. Powell Jr. Oct 1984

National Farmers Union Insurance Cos. V. Crow Tribe Of Indians, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Winston V. Lee, Lewis F. Powell Jr. Oct 1984

Winston V. Lee, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Tennessee V. Garner, Lewis F. Powell Jr. Oct 1984

Tennessee V. Garner, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


New Jersey V. T.L.O., Lewis F. Powell Jr. Oct 1984

New Jersey V. T.L.O., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


City Of Cleburne, Texas V. Cleburne Living Center Inc., Lewis F. Powell Jr. Oct 1984

City Of Cleburne, Texas V. Cleburne Living Center Inc., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


School Committee Of The Town Of Burlington V. Department Of Education Of Massachusetts, Lewis F. Powell Jr. Oct 1984

School Committee Of The Town Of Burlington V. Department Of Education Of Massachusetts, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Montana V. Blackfeet Tribe Of Indians, Lewis F. Powell Jr. Oct 1984

Montana V. Blackfeet Tribe Of Indians, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Sharpe, Lewis F. Powell Jr. Oct 1984

United States V. Sharpe, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Hensley, Lewis F. Powell Jr. Oct 1984

United States V. Hensley, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


U.S. Supreme Court: The 1983-84 Term, Paul C. Giannelli Jan 1984

U.S. Supreme Court: The 1983-84 Term, Paul C. Giannelli

Faculty Publications

No abstract provided.


Rethinking Selective Enforcement In The First Amendment Context, Karl S. Coplan Jan 1984

Rethinking Selective Enforcement In The First Amendment Context, Karl S. Coplan

Pace Law Faculty Publications

This Note argues for the use of a balancing-of-interests approach in place of the current two-part test when enforcement policies are challenged on first amendment grounds. The Note begins by explaining the current two-part test and analyzing how it conflicts with other first amendment doctrines. Next, an inquiry into the development of current law reveals that the origins of both the selective prosecution defense and its motive requirement lie in equal protection review of administrative action. These roots suggest a defect in the application of an equal protection test in place of a direct application of the first amendment. The ...


Substantive Due Process And The Scope Of Constitutional Torts, Michael L. Wells, Thomas A. Eaton Jan 1984

Substantive Due Process And The Scope Of Constitutional Torts, Michael L. Wells, Thomas A. Eaton

Scholarly Works

The thesis of this Article is that both the Supreme Court and its critics have failed to identify and confront the central issue presented by these due process constitutional tort cases. That issue is neither procedural fairness nor the choice between state and federal courts. It is deciding whether a government-inflicted injury to life, liberty, or property violates the substantive protections of the due process clauses and thereby warrants a constitutionally derived tort remedy. In Part II of this Article we examine the Supreme Court's decisions in this area, focusing primarily on Parratt v. Taylor. We demonstrate that neither ...


Concepts And Compromise In First Amendment Religious Doctrine, Phillip E. Johnson Jan 1984

Concepts And Compromise In First Amendment Religious Doctrine, Phillip E. Johnson

Faculty Scholarship

Examines the concept of the first amendment religious doctrine. Ways in which first amendment religion doctrine is indeterminate; Problematic assumptions in the justification of an active judicial role overseeing state involvement with religion on the basis of a policy of avoiding divisive entanglements; Definition of first amendment religion law.


Rethinking Standing, Gene R. Nichol Jr. Jan 1984

Rethinking Standing, Gene R. Nichol Jr.

Faculty Publications

No abstract provided.


Compensation For Takings: An Economic Analysis, Lawrence Blume, Daniel L. Rubinfeld Jan 1984

Compensation For Takings: An Economic Analysis, Lawrence Blume, Daniel L. Rubinfeld

Faculty Scholarship

Analyzes the provisions of the fifth amendment of the U.S. Constitution related to the regulatory takings and just compensation for private properties in the 1980s. Decision on the supreme court case Pennsylvania Coal Co. v. Mahon; Regulation of lower courts on regulatory takings; Provisions on compensation as insurance against regulatory takings.