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1986

Constitutional Law

Institution
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Articles 1 - 30 of 257

Full-Text Articles in Law

The Good, The Bad, And The Press, Paul A. Lebel Dec 1986

The Good, The Bad, And The Press, Paul A. Lebel

Faculty Publications

No abstract provided.


The Rise And Fall Of The "Doctrine" Of Separation Of Powers, Philip B. Kurland Dec 1986

The Rise And Fall Of The "Doctrine" Of Separation Of Powers, Philip B. Kurland

Michigan Law Review

As the Constitution of the United States nears its two hundredth anniversary, there is a frenzy of celebration. However awesome the accomplishment, I submit that it is no slander to recognize that the 1787 document was born of prudent compromise rather than principle, that it derived more from experience than from doctrine, and that it was received with an ambivalence in no small part attributable to its ambiguities. Indeed, its most stalwart supporters doubted its capacity for a long life. It should not be surprising, then, that even today there is disagreement over whether the Constitution of 1787 is now …


Preventative Pretrial Detention And The Failure Of Interest-Balancing Approaches To Due Process, Albert W. Alschuler Dec 1986

Preventative Pretrial Detention And The Failure Of Interest-Balancing Approaches To Due Process, Albert W. Alschuler

Michigan Law Review

This article, echoing Highmore's treatise of 1783, maintains that neither a legitimate nor a very important governmental interest can justify preventive detention in the absence of significant proof of past wrongdoing or an inability to control one's behavior. Both the Supreme Court's neglect of this issue and Congress' similar neglect in the preventive detention provisions of the Federal Bail Reform Act of 1984 reveal the extent to which cost-benefit analysis has captured American law and threatened core concepts of individual dignity.

The article does not oppose all forms of preventive pretrial detention. To the contrary, it recognizes that the detention …


Symposium On Federalism And Constitutional Checks And Balances: A Safeguard Of Minority And Individual Rights, Roger J. Miner '56 Nov 1986

Symposium On Federalism And Constitutional Checks And Balances: A Safeguard Of Minority And Individual Rights, Roger J. Miner '56

Constitutional Law

No abstract provided.


Miranda And The State Constitution: State Courts Take A Stand, Mary A. Crossley Nov 1986

Miranda And The State Constitution: State Courts Take A Stand, Mary A. Crossley

Vanderbilt Law Review

This Note examines how state courts have interpreted state constitutional guarantees of the privilege against self-incrimination independently of the Supreme Court's construction of the fifth amendment. Part II focuses on the historical and theoretical underpinnings of state constitutional law and examines state courts'renewed reliance on their state constitutions. Part III discusses the Supreme Court's interpretation of the fifth amendment in Miranda and its progeny. Part IV presents the states' response to Supreme Court holdings and surveys state court decisions interpreting state constitutions' self-incrimination provisions more broadly than the fifth amendment. Finally, Part V examines the potential for further growth in …


The Putative Father's Due Process Rights To Notice And A Hearing: In Re Baby Boy Doe, Carl Belliston Nov 1986

The Putative Father's Due Process Rights To Notice And A Hearing: In Re Baby Boy Doe, Carl Belliston

BYU Law Review

No abstract provided.


Chaining Or Taming?: The Constitutional Allocation Of War Powers (Review Of: To Chain The Dog Of War: The War Power Of Congress In History And Law By Francis D. Wormuth And Edwin B. Firmage), Constance K. Lundberg Nov 1986

Chaining Or Taming?: The Constitutional Allocation Of War Powers (Review Of: To Chain The Dog Of War: The War Power Of Congress In History And Law By Francis D. Wormuth And Edwin B. Firmage), Constance K. Lundberg

BYU Law Review

No abstract provided.


Government Responsibility For Constitutional Torts, Christina B. Whitman Nov 1986

Government Responsibility For Constitutional Torts, Christina B. Whitman

Articles

This essay is about the language used to decide when governments should be held responsible for constitutional torts.' Debate about what is required of government officials, and what is required of government itself, is scarcely new. What is new, at least to American jurisprudence, is litigation against government units (rather than government officials) for constitutional injuries. 2 The extension of liability to institutional defendants introduces special problems for the language of responsibility. In a suit against an individual official it is easy to describe the wrong as the consequence of individual behavior that is inconsistent with community norms; the language …


United States V. Johnson, Lewis F. Powell Jr. Oct 1986

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

Supreme Court Case Files

No abstract provided.


California V. Cabazon Band Of Mission Indians, Lewis F. Powell Jr. Oct 1986

California V. Cabazon Band Of Mission Indians, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Salerno, Lewis F. Powell Jr. Oct 1986

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

Supreme Court Case Files

No abstract provided.


Keystone Bituminous Coal Association V. Debenedictis, Lewis F. Powell Jr. Oct 1986

Keystone Bituminous Coal Association V. Debenedictis, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Colorado V. Connelly, Lewis F. Powell Jr. Oct 1986

Colorado V. Connelly, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Asahi Metal Industry Co. V. Superior Court Of California, Solano County, Lewis F. Powell Jr. Oct 1986

Asahi Metal Industry Co. V. Superior Court Of California, Solano County, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Federal Elections Commission V. Massachusetts Citizens For Life, Inc., Lewis F. Powell Jr. Oct 1986

Federal Elections Commission V. Massachusetts Citizens For Life, Inc., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Cts Corp. V. Dynamics Corporation Of America, Lewis F. Powell Jr. Oct 1986

Cts Corp. V. Dynamics Corporation Of America, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Board Of Directors Of Rotary International V. Rotary Club Of Duarte, Lewis F. Powell Jr. Oct 1986

Board Of Directors Of Rotary International V. Rotary Club Of Duarte, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Mccleskey V. Kemp, Lewis F. Powell Jr. Oct 1986

Mccleskey V. Kemp, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Colorado V. Bertine, Lewis F. Powell Jr. Oct 1986

Colorado V. Bertine, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Illinois V. Krull, Lewis F. Powell Jr. Oct 1986

Illinois V. Krull, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Arizona V. Hicks, Lewis F. Powell Jr. Oct 1986

Arizona V. Hicks, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Griffin V. Wisconsin, Lewis F. Powell Jr. Oct 1986

Griffin V. Wisconsin, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Nollan V. California Coastal Commission, Lewis F. Powell Jr. Oct 1986

Nollan V. California Coastal Commission, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Bowen V. Gilliard, Lewis F. Powell Jr. Oct 1986

Bowen V. Gilliard, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Paradise, Lewis F. Powell Jr. Oct 1986

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

Supreme Court Case Files

No abstract provided.


The Decency Of Capital Punishment For Minors: Contemporary Standards And The Dignity Of Juveniles, Lawrence A. Vanore Oct 1986

The Decency Of Capital Punishment For Minors: Contemporary Standards And The Dignity Of Juveniles, Lawrence A. Vanore

Indiana Law Journal

No abstract provided.


Public Rights And The Federal Judicial Power: From Murray's Lessee Through Crowell To Schor, Gordon G. Young Oct 1986

Public Rights And The Federal Judicial Power: From Murray's Lessee Through Crowell To Schor, Gordon G. Young

Buffalo Law Review

No abstract provided.


The Exclusionary Rule: Not The "Expressed Juice Of The Woolly-Headed Thistle", Keith A. Fabi Oct 1986

The Exclusionary Rule: Not The "Expressed Juice Of The Woolly-Headed Thistle", Keith A. Fabi

Buffalo Law Review

No abstract provided.


The Past And Future Of Constitutional Torts: From Statutory Interpretation To Common Law Rules, Michael L. Wells Oct 1986

The Past And Future Of Constitutional Torts: From Statutory Interpretation To Common Law Rules, Michael L. Wells

Scholarly Works

The cause of action for damages to redress violations of constitutional rights is now firmly established in our law. As recently as 1960, such constitutional tort suits were rare and attracted little attention from scholars. Today, they are a major part of the work of the federal courts and the academic literature is constantly growing. This change can be partly attributed to the expansion of constitutional rights in the 1960s and 1970s, and partly to the 1961 case of Monroe v. Pape. In Monroe, the Supreme Court revived a long-neglected, ninety-year-old statute, 42 U.S.C. 1983, making it the …


Three Continuities Of Choice In Abortion, Patrick L. Baude Oct 1986

Three Continuities Of Choice In Abortion, Patrick L. Baude

Articles by Maurer Faculty

No abstract provided.