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Articles 1 - 16 of 16

Full-Text Articles in Law

Public Service, Ethics, And Constitutional Practice, James E. Moliterno Oct 2000

Public Service, Ethics, And Constitutional Practice, James E. Moliterno

Faculty Publications

No abstract provided.


On Casebooks And Canons Or Why Bob Jones University Will Never Be Part Of The Constitutional Law Canon, Neal Devins Jul 2000

On Casebooks And Canons Or Why Bob Jones University Will Never Be Part Of The Constitutional Law Canon, Neal Devins

Faculty Publications

No abstract provided.


Burdening Constitutional Rights: The Supreme Court's License To Prosecutors, Bennett L. Gershman Jul 2000

Burdening Constitutional Rights: The Supreme Court's License To Prosecutors, Bennett L. Gershman

Pace Law Faculty Publications

The prosecutorial tactic of burdening a defendant’s exercise of constitutional rights has appeared in a variety of contexts. Prosecutors have asked juries to infer guilt based on a defendant’s decision not to testify, not to call witnesses, to remain silent after being given Miranda warnings, to go to trial, to secure the assistance of counsel, to refuse to consent to a warrantless search, and to testify. In all of these instances, courts have found the prosecutor’s remarks to constitute misconduct.


Mt. Healthy And Causation In Fact: The Court Still Doesn't Get It!, Sheldon Nahmod Feb 2000

Mt. Healthy And Causation In Fact: The Court Still Doesn't Get It!, Sheldon Nahmod

All Faculty Scholarship

No abstract provided.


Natural Rights And The Second Amendment, Steven J. Heyman Feb 2000

Natural Rights And The Second Amendment, Steven J. Heyman

All Faculty Scholarship

No abstract provided.


Putting Watergate Behind Us: Salinas, Sun-Diamond, And Two Views Of The Anticorruption Model, George D. Brown Feb 2000

Putting Watergate Behind Us: Salinas, Sun-Diamond, And Two Views Of The Anticorruption Model, George D. Brown

Boston College Law School Faculty Papers

A central question in the ongoing debate over the future of the American political system is how to deal with public corruption. This Article first examines the dominant theme of the last thirty years: a relatively hard-line approach that Professor Brown refers to as the post-watergate concensus. In recent years, however, this approach has been subject to growing criminalization of government ethics; Professor Brown then turns to what can be viewed as the counterrevolutionary critique. Against this background, he considers the United States Supreme Court's contribution to the debate. Starting with the recent Sun-Diamond and Salinas cases, and drawing ...


Naked Land Transfers And American Constitutional Development, Mark A. Graber Jan 2000

Naked Land Transfers And American Constitutional Development, Mark A. Graber

Faculty Scholarship

The constitutional prohibition on naked land transfers, laws granting to B property that belonged to A, played a far greater role in American constitutional development than is generally realized. The Marshall and Taney Courts heard numerous cases in which government officials were accused of expropriating private property, typically by legislative oversight rather than by deliberate intent. When resolving these cases, antebellum justices relied heavily on “certain great principles of justice” rather than on specific constitutional provisions. Supreme Court majorities on several occasions probably exercised the judicial power to declare federal laws unconstitutional. More frequently, Marshall and Taney Court decisions in ...


How Constitutional Law Casebooks Perpetuate The Myth Of Judicial Supremacy, Neal Devins Jan 2000

How Constitutional Law Casebooks Perpetuate The Myth Of Judicial Supremacy, Neal Devins

Faculty Publications

No abstract provided.


State Immunity, Political Accountability, And Alden V. Maine, William P. Marshall, Jason S. Cowart Jan 2000

State Immunity, Political Accountability, And Alden V. Maine, William P. Marshall, Jason S. Cowart

Faculty Publications

No abstract provided.


What Is The Matter With Equality?: An Assessment Of The Equal Treatment Of Religion And Non-Religion In First Amendment Jurisprudence, William P. Marshall Jan 2000

What Is The Matter With Equality?: An Assessment Of The Equal Treatment Of Religion And Non-Religion In First Amendment Jurisprudence, William P. Marshall

Faculty Publications

No abstract provided.


The Historical And Constitutional Significance Of The Impeachment And Trial Of President Clinton, Michael J. Gerhardt Jan 2000

The Historical And Constitutional Significance Of The Impeachment And Trial Of President Clinton, Michael J. Gerhardt

Faculty Publications

No abstract provided.


The Special Constitutional Structure Of The Federal Impeachment Process, Michael J. Gerhardt Jan 2000

The Special Constitutional Structure Of The Federal Impeachment Process, Michael J. Gerhardt

Faculty Publications

No abstract provided.


The Puzzling Persistence Of Process-Based Federalism Theories, Saikrishna B. Prakash, John C. Yoo Jan 2000

The Puzzling Persistence Of Process-Based Federalism Theories, Saikrishna B. Prakash, John C. Yoo

Faculty Scholarship

No abstract provided.


Ohio’S Dna Databank Statute, Paul C. Giannelli Jan 2000

Ohio’S Dna Databank Statute, Paul C. Giannelli

Faculty Publications

No abstract provided.


United States Supreme Court: 2000 Term, Paul C. Giannelli Jan 2000

United States Supreme Court: 2000 Term, Paul C. Giannelli

Faculty Publications

No abstract provided.


The Standing Of Citizens To Enforce Against Violations Of Environmental Statutes In The United States, Jeffrey G. Miller Jan 2000

The Standing Of Citizens To Enforce Against Violations Of Environmental Statutes In The United States, Jeffrey G. Miller

Pace Law Faculty Publications

Judicial actions by private citizens have played a critical role in the development and enforcement of federal environmental law in the United States over several decades. The courts' general receptivity to the standing of private environmental plaintiffs has made that role possible. A troika of Supreme Court decisions on standing in environmental cases authored by Scalia J over the last decade had eroded that general receptivity, casting doubt on the continued vitality of private actions in developing and implementing environmental law. The Court's recent decision in Friends of the Earth Inc v Laidlaw Environmental Services halts this erosion. To ...