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Articles 1 - 13 of 13

Full-Text Articles in Law

Protecting The Right To Criticize Government: A Proposal For A Symmetry Of Defamation Privileges, Paul A. Lebel Oct 1987

Protecting The Right To Criticize Government: A Proposal For A Symmetry Of Defamation Privileges, Paul A. Lebel

Popular Media

No abstract provided.


California V. Greenwood, Lewis F. Powell Jr. Oct 1987

California V. Greenwood, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Honig V. Doe, Lewis F. Powell Jr. Oct 1987

Honig V. Doe, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


A Speech On The Bicentennial Of The Drafting Of The U.S. Constitution, Arthur R. Landever Sep 1987

A Speech On The Bicentennial Of The Drafting Of The U.S. Constitution, Arthur R. Landever

Law Faculty Presentations and Testimony

Arthur Landever discusses why we celebrate the Constitution on Constitution Day.


Artistic Expression And Aesthetic Theory: The Beautiful, The Sublime And The First Amendment, Sheldon Nahmod Feb 1987

Artistic Expression And Aesthetic Theory: The Beautiful, The Sublime And The First Amendment, Sheldon Nahmod

All Faculty Scholarship

No abstract provided.


Constitutional Limits On The Power To Take Private Property: Public Purpose And Public Use, John A. Humbach Jan 1987

Constitutional Limits On The Power To Take Private Property: Public Purpose And Public Use, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

The rights/freedoms dichotomy tacitly permeates Supreme Court ‘takings' jurisprudence, and it has an explanatory power which extends to virtually all ‘takings' cases decided by the Court. Its explanatory power does not, however, extend to the relatively few cases which involve the taking of ‘rights' for purely private use, that is rearrangements of existing private property rights, as opposed to takings for use by the government or its designees in some public service function. Because rearranging the existing pattern of private ownership takes ‘rights' and not mere ‘freedoms,’ we might expect, according to the rights/freedoms pattern, that the Court would uniformly …


Reforming The Tort Defamation: An Accomodation Of The Competing Interests Within The Current Constitutional Framework, Paul A. Lebel Jan 1987

Reforming The Tort Defamation: An Accomodation Of The Competing Interests Within The Current Constitutional Framework, Paul A. Lebel

Faculty Publications

No abstract provided.


Averting Government By Consent Decree: Constitutional Limits On The Enforcement Of Settlements With The Federal Government, Jeremy A. Rabkin, Neal Devins Jan 1987

Averting Government By Consent Decree: Constitutional Limits On The Enforcement Of Settlements With The Federal Government, Jeremy A. Rabkin, Neal Devins

Faculty Publications

No abstract provided.


Economic Due Process And The Takings Clause, John A. Humbach Jan 1987

Economic Due Process And The Takings Clause, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

The discussion which follows will examine the new verbalizations repeatedly employed in Supreme Court takings decisions of the past decade and the Court's enlistment of the just compensation requirement as a basis for undertaking substantive review of legislation. As an introduction, the distinctive historical roles and roots of the substantive due process and just compensation requirements will be reviewed.


U.S. Supreme Court: The 1986-87 Term (Part Ii), Paul C. Giannelli Jan 1987

U.S. Supreme Court: The 1986-87 Term (Part Ii), Paul C. Giannelli

Faculty Publications

No abstract provided.


U.S. Supreme Court: The 1986-87 Term (Part I), Paul C. Giannelli Jan 1987

U.S. Supreme Court: The 1986-87 Term (Part I), Paul C. Giannelli

Faculty Publications

No abstract provided.


Alternative Career Resolution: An Essay On The Removal Of Federal Judges, Stephen B. Burbank Jan 1987

Alternative Career Resolution: An Essay On The Removal Of Federal Judges, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.


Scholarly Reflections On The Court And The Constitution, Michael Ashley Stein Jan 1987

Scholarly Reflections On The Court And The Constitution, Michael Ashley Stein

Faculty Publications

No abstract provided.