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1992

Constitutional Law

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Articles 1 - 30 of 270

Full-Text Articles in Law

The Constitutional Crisis In Yugoslavia And The International Law Of Self-Determination: Slovenia’S And Croatia’S Right To Secede, Richard F. Iglar Dec 1992

The Constitutional Crisis In Yugoslavia And The International Law Of Self-Determination: Slovenia’S And Croatia’S Right To Secede, Richard F. Iglar

Boston College International and Comparative Law Review

No abstract provided.


The Meaning Of "Under Color Of" Law, Steven L. Winter Dec 1992

The Meaning Of "Under Color Of" Law, Steven L. Winter

Michigan Law Review

The argument proceeds as follows. In Part I, I examine why the conceptual problem of who or what is "the State" is so intractable. In Part II, I present the historical evidence that establishes beyond doubt the pedigree and meaning of the phrase under color of law. I explain why Frankfurter would have indulged in such an obvious historical error to take the position he did. I suggest that, as was the case with the invention of modem standing doctrine, Frankfurter was here engaged in a stealthy, anachronistic campaign against the jurisprudence of the Lochner era - attempting to create doctrinal ...


Postmodern Constitutionalism As Materialism, Francis J. Mootz Iii Dec 1992

Postmodern Constitutionalism As Materialism, Francis J. Mootz Iii

Michigan Law Review

Professor J.M. Balkin's recent essay in the Michigan Law Review assesses the implications that postmodernism holds for constitutional law. Although I agree with Balkin about many of the specific issues that he believes must be addressed in a postmodern constitutionalism, I find that his manner of talking about postmodernism is unproductive in an important way. Balkin quite correctly argues that a postmodern constitutionalism should not mimic the fragmented and superficial culture of postmodernity, nor should it devolve simply to normative claims that postmodernity is desirable and should be embraced or adopted within the law. However, Balkin's thesis ...


A Failed Critique Of State Constitutionalism, David Schuman Nov 1992

A Failed Critique Of State Constitutionalism, David Schuman

Michigan Law Review

James A. Gardner begins The Failed Discourse of State Constitutionalism with a story describing "the experience of a great many lawyers in this country." The protagonist is an attorney whose client has an unlawful discrimination claim that for some reason cannot succeed under the U.S. Supreme Court's current equal protection jurisprudence. The attorney decides to present an argument based on her state constitution's equality guarantee, only to discover that the universe of material from which a plausible argument, not to mention a rich discourse, might emerge - existing case law and scholarship, "useful tidbits" of constitutional history and ...


Bruce Ackerman On Interpretation: A Critique, Raoul Berger Nov 1992

Bruce Ackerman On Interpretation: A Critique, Raoul Berger

BYU Law Review

No abstract provided.


Prison Objectives And Human Dignity: Reaching A Mutual Accommodation, Melvin Gutterman Nov 1992

Prison Objectives And Human Dignity: Reaching A Mutual Accommodation, Melvin Gutterman

BYU Law Review

No abstract provided.


Professor Galer Teal Butcher: A Core Of The Nation's Civil Rights Specialists, J. Clay Smith Jr. Oct 1992

Professor Galer Teal Butcher: A Core Of The Nation's Civil Rights Specialists, J. Clay Smith Jr.

Selected Speeches

No abstract provided.


A Symbolic Balanced Budget Amendment, Neal Devins Oct 1992

A Symbolic Balanced Budget Amendment, Neal Devins

Faculty Publications

No abstract provided.


Ethnic Identity And Constitutional Design For Africa, Alemante G. Selassie Oct 1992

Ethnic Identity And Constitutional Design For Africa, Alemante G. Selassie

Faculty Publications

No abstract provided.


Inevitable Discovery: An Exception Beyond The Fruits, Robert M. Bloom Oct 1992

Inevitable Discovery: An Exception Beyond The Fruits, Robert M. Bloom

Boston College Law School Faculty Papers

No abstract provided.


Constitutional Law—Child Hearsay Exception In Sexual Abuse Cases—New Arkansas Supreme Court Rule Conflicts With New General Assembly Rule: Which Controls? Vann V. State., Gregory Clay Sandefur Oct 1992

Constitutional Law—Child Hearsay Exception In Sexual Abuse Cases—New Arkansas Supreme Court Rule Conflicts With New General Assembly Rule: Which Controls? Vann V. State., Gregory Clay Sandefur

University of Arkansas at Little Rock Law Review

No abstract provided.


Constitutionalism, Democracy And Foreign Affairs, Louis Henkin Oct 1992

Constitutionalism, Democracy And Foreign Affairs, Louis Henkin

Indiana Law Journal

No abstract provided.


Neutral Principles And The Right To Neutral Access To The Courts, Jeffrey R. Pankratz Oct 1992

Neutral Principles And The Right To Neutral Access To The Courts, Jeffrey R. Pankratz

Indiana Law Journal

No abstract provided.


Religion-Plus-Speech: The Constitutionality Of Juror Oaths And Affirmations Under The First Amendment, Jonathan Belcher Oct 1992

Religion-Plus-Speech: The Constitutionality Of Juror Oaths And Affirmations Under The First Amendment, Jonathan Belcher

William & Mary Law Review

No abstract provided.


Where's The Politics?: Introduction To Williams, Eastland, Days, And Rabkin, Neal Devins Oct 1992

Where's The Politics?: Introduction To Williams, Eastland, Days, And Rabkin, Neal Devins

William & Mary Law Review

No abstract provided.


The Survival Of Racism Under The Constitution, Juan Williams Oct 1992

The Survival Of Racism Under The Constitution, Juan Williams

William & Mary Law Review

No abstract provided.


Racial Progress And Constitutional Roadblocks, Jeremy Rabkin Oct 1992

Racial Progress And Constitutional Roadblocks, Jeremy Rabkin

William & Mary Law Review

No abstract provided.


People V. Bing: Did The New York Court Of Appeals Throw Baby Bartolomeo Out With His Bathwater ?, Charles J. Sullivan Oct 1992

People V. Bing: Did The New York Court Of Appeals Throw Baby Bartolomeo Out With His Bathwater ?, Charles J. Sullivan

Buffalo Law Review

No abstract provided.


American Constitutional Conventions: The Judicially Unenforceable Rules That Combine With Judicial Doctrine And Public Opinion To Regulate Political Behavior, James G. Wilson Oct 1992

American Constitutional Conventions: The Judicially Unenforceable Rules That Combine With Judicial Doctrine And Public Opinion To Regulate Political Behavior, James G. Wilson

Buffalo Law Review

No abstract provided.


The Structural Role Of The Bill Of Rights, Richard G. Wilkins Sep 1992

The Structural Role Of The Bill Of Rights, Richard G. Wilkins

Brigham Young University Journal of Public Law

No abstract provided.


Section 4: Moot Court: Church Of The Lukumi Babulu Aye V. City Of Hialeah, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law Sep 1992

Section 4: Moot Court: Church Of The Lukumi Babulu Aye V. City Of Hialeah, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law

Supreme Court Preview

No abstract provided.


Section 5: Plenary Review: Press Coverage Of The Judiciary, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law Sep 1992

Section 5: Plenary Review: Press Coverage Of The Judiciary, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law

Supreme Court Preview

No abstract provided.


United States V. Halper: Making Double Jeopardy Available In Civil Actions, Nelson T. Abbott Sep 1992

United States V. Halper: Making Double Jeopardy Available In Civil Actions, Nelson T. Abbott

Brigham Young University Journal of Public Law

No abstract provided.


Franklin Savings V. Office Of Thrift Supervision: A Case Of Judicial Interpretation Creating A Due Process Dragon, Grant L. Kratz Sep 1992

Franklin Savings V. Office Of Thrift Supervision: A Case Of Judicial Interpretation Creating A Due Process Dragon, Grant L. Kratz

Brigham Young University Journal of Public Law

No abstract provided.


The Characters Behind The Constitution, Tim Slover Sep 1992

The Characters Behind The Constitution, Tim Slover

Brigham Young University Journal of Public Law

No abstract provided.


Bishop V. Aronov: Religion-Tainted Viewpoints Are Banned From The Marketplace Of Ideas, John W. Hamilton Sep 1992

Bishop V. Aronov: Religion-Tainted Viewpoints Are Banned From The Marketplace Of Ideas, John W. Hamilton

Washington and Lee Law Review

No abstract provided.


Appointments With Disaster: The Unconstitutionality Of Binational Arbitral Review Under The United States-Canada Free Trade Agreement, Jim C. Chen Sep 1992

Appointments With Disaster: The Unconstitutionality Of Binational Arbitral Review Under The United States-Canada Free Trade Agreement, Jim C. Chen

Washington and Lee Law Review

No abstract provided.


Appointments Clause Problems In The Dispute Resolution Provisions Of The United States-Canada Free Trade Agreement, Alan B. Morrison Sep 1992

Appointments Clause Problems In The Dispute Resolution Provisions Of The United States-Canada Free Trade Agreement, Alan B. Morrison

Washington and Lee Law Review

No abstract provided.


The Appointments Clause And International Dispute Settlement Mechanisms: A False Conflict, Wiliam J. Davey Sep 1992

The Appointments Clause And International Dispute Settlement Mechanisms: A False Conflict, Wiliam J. Davey

Washington and Lee Law Review

No abstract provided.


Modern Technology And The Conflict Between Copyright And Free Speech: The Application Of Copyright Law To Television Newscasts, James A. Wells Sep 1992

Modern Technology And The Conflict Between Copyright And Free Speech: The Application Of Copyright Law To Television Newscasts, James A. Wells

West Virginia Law Review

No abstract provided.