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Series

Constitutional Law

1999

Discipline
Institution
Publication

Articles 1 - 20 of 20

Full-Text Articles in Law

Treaties And Public Lawmaking: A Textual And Structural Defense Of Non-Self-Execution, John C. Yoo Dec 1999

Treaties And Public Lawmaking: A Textual And Structural Defense Of Non-Self-Execution, John C. Yoo

Faculty Scholarship

Presents constitutional arguments in defense of the non-self-executing treaties doctrine in the United States. Implications of congressional implementation of treaties for separation of legislative and executive power; Promotion of democratic means of creating domestic legislations; Inconsistencies in the Supremacy Clause.


The Rule 11 Studies And Civil Rights Cases: An Inquiry Into The Neutrality Of Procedural Rules, Mark Spiegel Sep 1999

The Rule 11 Studies And Civil Rights Cases: An Inquiry Into The Neutrality Of Procedural Rules, Mark Spiegel

Boston College Law School Faculty Papers

This article discusses the controversy regarding neutral procedural rules. It focuses on the claim that the 1983 version of Rule 11 had a disproportionate impact upon civil rights cases, thereby violating the norm of procedural neutrality. By looking at this claim about the impact of Rule 11 on civil rights cases, we can evaluate whether the 1983 version of Rule 11 violated the norm of procedural neutrality, and also understand the different ways that the concept of procedural neutrality is used. This exploration will help us understand the larger debate regarding the neutrality of procedural rules and to make connections ...


Putting The Law Of Impeachment In Perspective, Michael J. Gerhardt Jul 1999

Putting The Law Of Impeachment In Perspective, Michael J. Gerhardt

Faculty Publications

No abstract provided.


Why Constitutional Torts Deserve A Book Of Their Own, Michael Wells, Thomas A. Eaton, Sheldon H. Nahmod Apr 1999

Why Constitutional Torts Deserve A Book Of Their Own, Michael Wells, Thomas A. Eaton, Sheldon H. Nahmod

Scholarly Works

Over thirty years ago, Marshall Shapo coined the term "constitutional tort" to denote a suit brought against an official, charging a constitutional violation and seeking damages. In the years since Shapo's pathbreaking article, the number of such suits has grown exponentially. The suits have generated a host of new substantive and remedial issues, yet conventional casebooks on constitutional law and federal courts give little attention to the area. That Professor Shapiro had four books to include in his review of "Civil Rights" casebooks in the Seattle University Law Review is some indication of a demand for teaching materials currently ...


Our Nonuniform Constitution: Geographical Variations Of Constitutional Requirements In The Aid Of Community, Mark D. Rosen Mar 1999

Our Nonuniform Constitution: Geographical Variations Of Constitutional Requirements In The Aid Of Community, Mark D. Rosen

All Faculty Scholarship

This Article highlights an overlooked but integral aspect of American constitutional law: that some activities believed to be flatly unconstitutional are permissible in select locations. Contrary to what the Constitution has been construed to proscribe in most jurisdictions, for example, governments in some places in our country can ban political speeches by citizens, impose prior restraints with regard to petitions to government officials, and disallow defendants at risk of incarceration from having counsel.

The Article brings together the case law that creates nonuniformity across geographical locations. It first explains the mechanics by which this "geographical constitutional nonuniformity" is generated and ...


State Supported Speech, Steven J. Heyman Feb 1999

State Supported Speech, Steven J. Heyman

All Faculty Scholarship

No abstract provided.


Law And Sports Officiating: A Misunderstood And Justly Neglected Relationship, Mark A. Graber Jan 1999

Law And Sports Officiating: A Misunderstood And Justly Neglected Relationship, Mark A. Graber

Faculty Scholarship

No abstract provided.


Framers' Intent And Military Power: Has Supreme Court Deference To The Military Gone Too Far?, Kalyani Robbins Jan 1999

Framers' Intent And Military Power: Has Supreme Court Deference To The Military Gone Too Far?, Kalyani Robbins

Akron Law Publications

One of the sources of the Court's inability to conduct proper constitutional analysis in military cases is its lack of access to complete and unbiased information upon which to base that analysis. In Part III, I will make an effort to suggest methods for addressing this problem alternative to simply letting the military use its special knowledge as a source of power over the Court. Part IV will demonstrate a modern example of where the problem of excessive deference can lead, and present the Court with a suggestion to use this as a context for change. Finally, the Article ...


The Constitutionality Of Censure, Michael J. Gerhardt Jan 1999

The Constitutionality Of Censure, Michael J. Gerhardt

Faculty Publications

No abstract provided.


The New Etiquette Of Federalism: New York, Printz, And Yeskey, Matthew D. Adler, Seth F. Kreimer Jan 1999

The New Etiquette Of Federalism: New York, Printz, And Yeskey, Matthew D. Adler, Seth F. Kreimer

Faculty Scholarship at Penn Law

No abstract provided.


The Legalization Of The Presidencey: A Twenty-Five Year Watergate Retrospective, Michael A. Fitts Jan 1999

The Legalization Of The Presidencey: A Twenty-Five Year Watergate Retrospective, Michael A. Fitts

Faculty Scholarship at Penn Law

No abstract provided.


Rule 11 Studies And Civil Rights Cases: An Inquiry Into The Neutrality Of Procedural Rules, Mark Spiegel Jan 1999

Rule 11 Studies And Civil Rights Cases: An Inquiry Into The Neutrality Of Procedural Rules, Mark Spiegel

Boston College Law School Faculty Papers

In this article the author discusses the impact of the 1983 amendments of the Federal Rules of Civil Procedure to Rule 11. The Article explores the claim that the 1983 amendments had a disproportionate impact upon civil rights cases, thereby violating the norm of procedural neutrality. In Section I, the author argues that one of the central meanings of procedural neutrality is closely related to the argument that procedural rules should be apolitical. In Section II, the author examines what the studies of Rule 11 reveal about the effect of the 1983 version upon civil rights claims. The author then ...


The Constitutionality Of Censure, Michael J. Gerhardt Jan 1999

The Constitutionality Of Censure, Michael J. Gerhardt

Faculty Publications

No abstract provided.


The Unnecessary Victims' Rights Amendment, Robert P. Mosteller Jan 1999

The Unnecessary Victims' Rights Amendment, Robert P. Mosteller

Faculty Publications

No abstract provided.


Institutional Analysis Of Municipal Liability Under Section 1983, Michael J. Gerhardt Jan 1999

Institutional Analysis Of Municipal Liability Under Section 1983, Michael J. Gerhardt

Faculty Publications

No abstract provided.


The Lessons Of Impeachment History, Michael J. Gerhardt Jan 1999

The Lessons Of Impeachment History, Michael J. Gerhardt

Faculty Publications

No abstract provided.


Clio At War: The Misuse Of History In The War Powers Debate, John C. Yoo Jan 1999

Clio At War: The Misuse Of History In The War Powers Debate, John C. Yoo

Faculty Scholarship

No abstract provided.


Managed Health Care In Prisons As Cruel And Unusual Punishment, Ira Robbins Jan 1999

Managed Health Care In Prisons As Cruel And Unusual Punishment, Ira Robbins

Articles in Law Reviews & Other Academic Journals

INTRODUCTION:Billy Roberts, a prisoner in an Alabama state prison, had a history of severe psychiatric disorders. He was often put on suicide watch, and received large doses of psychotropic drugs. A managed health care company, Correctional Medical Services (CMS), was responsible for the health care at the prison. After Roberts had a suicidal episode, CMS's statewide mental health care director reportedly put Roberts in an isolation cell rather than a psychiatric care unit. The mental health care director also ordered that Roberts' medication be discontinued pursuant to an alleged policy of CMS to get as many prisoners off ...


United States Supreme Court: 1999 Term, Paul C. Giannelli Jan 1999

United States Supreme Court: 1999 Term, Paul C. Giannelli

Faculty Publications

No abstract provided.


5 U.S. (1 Cranch) 137, 175, Eric J. Segall Jan 1999

5 U.S. (1 Cranch) 137, 175, Eric J. Segall

Faculty Publications By Year

No abstract provided.