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Articles 1 - 30 of 31
Full-Text Articles in Law
“If Angels Were To Govern”: The Need For Pragmatic Formalism In Separation Of Powers Theory, Martin H. Redish, Elizabeth J. Cisar
“If Angels Were To Govern”: The Need For Pragmatic Formalism In Separation Of Powers Theory, Martin H. Redish, Elizabeth J. Cisar
Duke Law Journal
No abstract provided.
The First Duty Of Government: Protection, Liberty And The Fourteenth Amendment, Steven J. Heyman
The First Duty Of Government: Protection, Liberty And The Fourteenth Amendment, Steven J. Heyman
Duke Law Journal
No abstract provided.
The Constitutionality Of Sobriety Checkpoints In Alaska, David C. Crosby
The Constitutionality Of Sobriety Checkpoints In Alaska, David C. Crosby
Alaska Law Review
No abstract provided.
Clients, Lawyers And The Fifth Amendment: The Need For A Projected Privilege, Kevin R. Reitz
Clients, Lawyers And The Fifth Amendment: The Need For A Projected Privilege, Kevin R. Reitz
Duke Law Journal
No abstract provided.
Operation Rescue - Was The Justice Dept. Right To Intervene In Wichita?, Gary S. Lawson, Celeste Lacy Davis, Eve W. Paul
Operation Rescue - Was The Justice Dept. Right To Intervene In Wichita?, Gary S. Lawson, Celeste Lacy Davis, Eve W. Paul
Faculty Scholarship
Discussion of Operation Rescue attempt to shut down abortion clinic in Wichita, KS in August 1991, and ensuing decision of U.S. District Judge Patrick Kelly, as well as intervention of Justice Department. A debate-style article with "pro" side written by Gary Lawson and "con" side written by C.L. Davis & E.W. Paul.
The Inverse Coase Theorem And Declarations Of War, J. Gregory Sidak
The Inverse Coase Theorem And Declarations Of War, J. Gregory Sidak
Duke Law Journal
No abstract provided.
Civil Law, Common Law, And Constitutional Democracy, Walter F. Murphy
Civil Law, Common Law, And Constitutional Democracy, Walter F. Murphy
Louisiana Law Review
No abstract provided.
...Meech Lake To The Contrary Notwithstanding (Part Ii), Roderick A. Macdonald
...Meech Lake To The Contrary Notwithstanding (Part Ii), Roderick A. Macdonald
Osgoode Hall Law Journal
In this essay, which has been published in two parts, the author argues that the Meech Lake Accord was more than a hastily cobbled together political deal between the Prime Minister and ten provincial premiers. Despite the unattractive process by which the Meech Lake Accord was struck, and especially defended, despite the disingenuous character of the arguments most often advanced for its adoption, and despite its close connection with other aspects of the federal government's political agenda which many Canadians found suspicious, the Meech Lake Accord did respond to an important issue in post-patriation constitutionalism. A review of Canadian constitutional …
The Right To Free Speech Versus The Right To A Fair Trial--Balancing Competing Constitutional Interests, Jack B. Swerling
The Right To Free Speech Versus The Right To A Fair Trial--Balancing Competing Constitutional Interests, Jack B. Swerling
South Carolina Law Review
No abstract provided.
Federalism, The Judiciary, And Constitutional Adjudication In Argentina: A Comparison With The U.S. Constitutional Model, Alberto F. Garay
Federalism, The Judiciary, And Constitutional Adjudication In Argentina: A Comparison With The U.S. Constitutional Model, Alberto F. Garay
University of Miami Inter-American Law Review
No abstract provided.
Federalism, The Judiciary, And Constitutional Adjudication In Argentina: A Comparison With The U.S. Constitutional Model, Alberto F. Garay
Federalism, The Judiciary, And Constitutional Adjudication In Argentina: A Comparison With The U.S. Constitutional Model, Alberto F. Garay
University of Miami Inter-American Law Review
No abstract provided.
People's Court, Nicholas S. Zeppos
People's Court, Nicholas S. Zeppos
Vanderbilt Law Review
The Supreme Court's opinion in Bowers v. Hardwick' contains the usual cant about the legitimacy of the judicial function. In holding that the due process clause of the fourteenth amendment does not recognize a fundamental right to practice homosexual sodomy, the Court cautioned that "[t]he Court is most vulnerable and comes nearest to illegitimacy when it deals with judge-made constitutional law having little or no cognizable roots in the language or design of the Constitution. What exactly did the Court mean? That the public would refuse to obey judicial judgments if the Court were to recognize rights not "found in" …
...Meech Lake To The Contrary Notwithstanding (Part I), Roderick A. Macdonald
...Meech Lake To The Contrary Notwithstanding (Part I), Roderick A. Macdonald
Osgoode Hall Law Journal
In this essay, which will be published in two parts, the author argues that the Meech Lake Accord was more than a hastily cobbled together political deal between the Prime Minister and ten provincial premiers. Despite the unattractive process by which the Meech Lake Accord was struck, and especially defended, despite the disingenuous character of the arguments most often advanced for its adoption, and despite its close connection with other aspects of the federal government's political agenda which many Canadians found suspicious, the Meech Lake Accord did respond to an important issue in post-patriation constitutionalism. A review of Canadian constitutional …
Books Received, Law Review Staff
Books Received, Law Review Staff
Vanderbilt Journal of Transnational Law
JAPANESE CRIMINAL JUSTICE
By A. Didrick Castberg
New York, New York: Praeger Publishers, 1990. Pp. 153. $42.95.
THE INTERNATIONALIZATION OF HUMAN RIGHTS
By David P. Forsythe
Lexington, Massachusetts; Lexington Books, 1991. Pp. 209.$34.00.
FEDERAL COURTS AND THE INTERNATIONAL HUMAN RIGHTS PARADIGM By Kenneth C. Randall
Durham, North Carolina; Duke University Press. 1990. Pp. 295. $45.00.
ROMAN LAW AND COMPARATIVE LAW
By Alan Watson
Athens, Georgia: University of Georgia Press, 1991. Pp. 328. $50.00
THE U.S. CONSTITUTION AND FOREIGN POLICY
By Victoria Marie Kraft
New York, New York: Greenwood Press, 1990. Pp. 185. $45.00.
Proposals For Funding United Mine Workers Of America Retiree Health Benefits: The Constitutional Dimensions, John R. Woodrum, Larry P. Rothman
Proposals For Funding United Mine Workers Of America Retiree Health Benefits: The Constitutional Dimensions, John R. Woodrum, Larry P. Rothman
West Virginia Law Review
No abstract provided.
The Constitutional Law Of German Unification, Peter E. Quint
The Constitutional Law Of German Unification, Peter E. Quint
Faculty Scholarship
No abstract provided.
Books Received, Law Review Staff
Books Received, Law Review Staff
Vanderbilt Journal of Transnational Law
Books Received
GOOD FAITH IN ENGLISH LAW
By J.F. O'Connor
Brookfield, Vermont: Dartmouth Publishing Company, 1990. Pp. 148.
=====================
LAW AND ISLAM IN THE MIDDLE EAST
Edited by Daisy Hilse Dwyer
New York, New York: Bergin & Garvey, 1990. Pp. 168.
============================
INTERNATIONAL SECURITIES REGULATION
By Norman S. Poser
Boston, Massachusetts: Little, Brown and Company, 1991. Pp. 799.
============================
COMPARATIVE CONSTITUTIONAL FEDERALISM
Edited by MarkTushnet
Westport, Connecticut: Greenwood Press, 1990. Pp. 157.
==========================
ECONOMIC SANCTIONS AND U.S. TRADE
By Michael P. Melloy
Boston, Massachusetts: Little, Brown and Company, 1990. Pp. 752.
Some Queries About Privacy And Constitutional Rights, Michael Grossberg
Some Queries About Privacy And Constitutional Rights, Michael Grossberg
Case Western Reserve Law Review
No abstract provided.
Chaos And The Court, Glenn Harlan Reynolds
Chaos And The Court, Glenn Harlan Reynolds
Scholarly Works
Inspired by Laurence Tribe's "The Curvature of Constitutional Space," this Essay looks at some constitutional theorists' desire for certainty and predictability in law, and notes that such certainty and predictability is much less available even in the hard sciences than is generally believed, with simple and determinate systems sometimes producing wildly unpredictable results. It suggests that predictability of results may be a difficult goal for legal theorists, and offers some thoughts on alternative approaches.
Plenary Session: The U.S. Constitution In Its Third Century: Foreign Affairs – Remarks By Lori Fisler Damrosch, Lori Fisler Damrosch
Plenary Session: The U.S. Constitution In Its Third Century: Foreign Affairs – Remarks By Lori Fisler Damrosch, Lori Fisler Damrosch
Faculty Scholarship
Our Moderator has asked us to look ahead into the Constitution's third century and anticipate the emerging issues. I believe the changes in the field that I have selected, international organizations and institutions, are likely to be dramatic, perhaps more so than the more incremental changes in the areas being addressed by my copanelists. With all respect to our Moderator, I would like to take note of the rather modest treatment given to international organizations in the leading work on foreign affairs and the Constitution published by Louis Henkin in 1972. I hope he will forgive me if I suggest …
Ronald V. Dellums V. George Bush (D.D.C. 1990): Memorandum Amicus Curiae Of Law Professors, Bruce A. Ackerman, Abram Chayes, Lori Fisler Damrosch, John Hart Ely, Erwin N. Griswold, Gerald Gunther, Louis Henkin, Harold Hongju Koh, Philip B. Kurland, Laurence H. Tribe, William W. Van Alstyne
Ronald V. Dellums V. George Bush (D.D.C. 1990): Memorandum Amicus Curiae Of Law Professors, Bruce A. Ackerman, Abram Chayes, Lori Fisler Damrosch, John Hart Ely, Erwin N. Griswold, Gerald Gunther, Louis Henkin, Harold Hongju Koh, Philip B. Kurland, Laurence H. Tribe, William W. Van Alstyne
Faculty Scholarship
This joint memorandum is submitted to the court hearing Dellums v. Bush. This amicus brief advocates that the President may not order American armed forces to make war without consultation with and approval by Congress. The brief also argues that the case is justiciable.
Case Digest, Law Review Staff
Case Digest, Law Review Staff
Vanderbilt Journal of Transnational Law
MEDICAL MALPRACTICE ABROAD BY UNITED STATES PHYSICIAN IN CONNECTION WITH DEPARTMENT OF STATE REGULATIONS GOVERNING TORT CLAIMS PROVIDED FOR AN INVESTIGATIVE PROCEDURE FOLLOWED BY AGENCY DECISION--AGENCY FOR INTERNATIONAL DEVELOPMENT HOLDS NO CONSTITUTIONAL OBLIGATIONS TO EVALUATE MEDICAL MALPRACTICE CLAIM ON THE MERITS AND IN ACCORD WITH MINIMAL DUE PROCESS. Tarpeh-Doe v. United States, 904 F.2d719 (D.C. Cir. 1990).
THE FOREIGN CORRUPT PRACTICES ACT DOES NOT CREATE AN IMPLIED PRIVATE RIGHT OF ACTION THAT KENTUCKY TOBACCO GROWERS COULD USE TO RECOVER DAMAGES FROM COMPANIES THAT ALLEGEDLY ENGAGED IN CORRUPT PRACTICES TO THE DETRIMENT OF GROWERS. THE ACT OF STATE DOCTRINE, HOWEVER, DOES …
On The Utility Of Constitutional Rights To Privacy And Data Protection, David H. Flaherty
On The Utility Of Constitutional Rights To Privacy And Data Protection, David H. Flaherty
Case Western Reserve Law Review
No abstract provided.
Ending The Marathon: It Is Time To Overrule “Northern Pipeline”, Erwin Chemerinsky
Ending The Marathon: It Is Time To Overrule “Northern Pipeline”, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Governmental Inaction As A Constitutional Tort: Deshaney And Its Aftermath, Thomas A. Eaton, Michael Wells
Governmental Inaction As A Constitutional Tort: Deshaney And Its Aftermath, Thomas A. Eaton, Michael Wells
Scholarly Works
DeShaney v. Winnebago County Department of Social Services is the Supreme Court's first major effort to define the scope of state and local governments' affirmative obligations under the fourteenth amendment. The Court rejected liability against a county welfare agency and a caseworker for failing to prevent a father from severely beating his four-year-old son. The Court intimated that constitutional affirmative duties exist only where the plaintiff is in the state's custody. Scholarly commentary reads the case as announcing a sweeping prohibition against the imposition of affirmative duties in other contexts. Professors Eaton and Wells demonstrate that the DeShaney opinion is …
The Tax Court, Article Iii, And The Proposal Advanced By The Federal Courts Study Committee: A Study In Applied Constitutional Theory, Deborah A. Geier
The Tax Court, Article Iii, And The Proposal Advanced By The Federal Courts Study Committee: A Study In Applied Constitutional Theory, Deborah A. Geier
Law Faculty Articles and Essays
Spurred by the report issued by the Federal Courts Study Committee, this article explores the constitutionality of the Tax Court as an Article I court.
Dutiful Justice (Book Review), Michael S. Ariens
Dutiful Justice (Book Review), Michael S. Ariens
Faculty Articles
Sheldon Novick’s biography, Honorable Justice: The Life of Oliver Wendell Holmes, is a traditional biography of one of the most important public figures in the United States since the Civil War.
Although the author disclaims it, Honorable Justice is a defense of Holmes. Novick writes of some of Holmes’ faults, but too often Holmes’ human imperfections are defended as strengths. It appears that Novick was trying hard to defend Holmes from late twentieth century critiques. This defense of Holmes seems a misguided attempt to re(de)ify Holmes to a group of readers which will likely include a large proportion of skeptical, …
The Demise And Rise Of The Classical Paradigm In Canadian Federalism: Promoting Autonomy For The Provinces And The First Nations, Bruce Ryder
Articles & Book Chapters
The author explores the possibility of employing Canadian consitutional doctrine to develop a more flexible approach that would allow for greater provincial autonomy and First Nation self-government within the existing scheme of ss 91 and 92 jurisprudence. Canadian constitutional doctrine is first interpreted through the competing models of the classical and modem paradigms. The former emphasizes a sharp division of powers and has traditionally been used, the author argues, to invalidate legislation seen to interfere with the market economy. The modem paradigm, on the other hand, recognizes competing jurisdictions and has been used to uphold legislation focusing on morals. The …
"I Vote This Way Because I'M Wrong": The Supreme Court Justice As Epimenides, John M. Rogers
"I Vote This Way Because I'M Wrong": The Supreme Court Justice As Epimenides, John M. Rogers
Law Faculty Scholarly Articles
Possibly the most unsettling phenomenon in the Supreme Court's 1988 term was Justice White's decision to vote contrary to his own exhaustively stated reasoning in Pennsylvania v. Union Gas Co. His unexplained decision to vote against the result of his own analysis lends support to those who argue that law, or at least constitutional law, is fundamentally indeterminate. Proponents of the indeterminacy argument sometimes base their position on the allegedly inescapable inconsistency of decisions made by a multi-member court. There is an answer to the inconsistency argument, but it founders if justices sometimes vote, without explanation, on the basis of …
Constitutional Control Of Military Actions: A Comparative Dimension, Lori Fisler Damrosch
Constitutional Control Of Military Actions: A Comparative Dimension, Lori Fisler Damrosch
Faculty Scholarship
The purpose of this essay is to examine some aspects of the legal framework for military activity in the internal law of some of the world's most powerful states. The international community has a major stake in the constitutional evolution of member states as regards the authority to decide to go to war. That stake – or those interests, since they are plural (and hold some possibility for contradiction) – can be identified as follows:
(1) to strengthen trends toward constitutionalism generally, by which I mean the concept of governance based on law;
(2) to strengthen trends toward civilian control …