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1992

Journal

Constitution

Discipline
Institution
Publication

Articles 1 - 30 of 78

Full-Text Articles in Law

Compromising Positions: An Essay And Review Of Abortion: The Clash Of Absolutes. By Laurence H. Tribe, Charles A. Rees Nov 1992

Compromising Positions: An Essay And Review Of Abortion: The Clash Of Absolutes. By Laurence H. Tribe, Charles A. Rees

Northern Illinois University Law Review

This review examines Laurence Tribe's book on abortion, focusing special attention on Tribe's discussion of compromises to the abortion dilemma and his own apparent resolution of the issue. Following an evaluation of Tribe's work, this review considers other possible compromises to the abortion dilemma which are suggested by the United States Constitution.


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.


The Constitution And Immigration: The Impact Of The Proposed Changes To The Immigration Power Under The Constitution Act, 1867, Davies Bagambiire Oct 1992

The Constitution And Immigration: The Impact Of The Proposed Changes To The Immigration Power Under The Constitution Act, 1867, Davies Bagambiire

Dalhousie Law Journal

This article examines the impact that the suggested changes would have on the immigration power as presently set forth in sections 95 and 91(25) of the Constitution Act, 1867, and on Canadian immigration policy generally. First, it discusses how the present immigration power is allocated as between the federal government and the provinces, how it has been exercised or attempted to be exercisedby the two levels of government and how it has evolved and been interpreted by the Courts. Secondly, it looks at the problems that could arise as a result of the federal government transferring some of its immigration …


Legal Interpretation And A Constitutional Case: Home Building & Loan Association V. Blaisdell, Charles A. Bieneman Aug 1992

Legal Interpretation And A Constitutional Case: Home Building & Loan Association V. Blaisdell, Charles A. Bieneman

Michigan Law Review

The approaches of Hughes and Sutherland are but two extremes in constitutional interpretation. Though only two results were possible in the case - either the Act was constitutional or it was not - there are more than two methods by which an interpreter could reach those results. This Note explores possible ways of deciding Blaisdell, using the case as a vehicle for delimiting the boundaries of a positive constitutional command. As a sort of empirical investigation of legal philosophy, the Note examines how various interpretive theories affect an interpreter's approach to the case, and the results these theories might …


Community, Constitution, And Culture: The Case Of The Jewish Kehilah, Nomi Maya Stolzenberg, David N. Myers Jun 1992

Community, Constitution, And Culture: The Case Of The Jewish Kehilah, Nomi Maya Stolzenberg, David N. Myers

University of Michigan Journal of Law Reform

Part I describes the historical development of the Jewish kehilah, its subsequent evolution, and eventual dissolution. Part II surveys recent trends in legal scholarship which reflect a growing consciousness of the tension between the demands of self-conscious cultural groups and liberal legal principles.


What Is A Postmodern Constitutionalism?, J. M. Balkin Jun 1992

What Is A Postmodern Constitutionalism?, J. M. Balkin

Michigan Law Review

I begin with a puzzle. It must certainly strike one as odd that the subject of postmodern constitutional law arises at a time when the actual arbiters of the Constitution - the federal judiciary and in particular the Supreme Court of the United States - appear to be more conservative than they have been for many years, and indeed, are likely to remain so for the foreseeable future. Postmodernism is often associated with what is new, innovative, and on the cutting edge of cultural development. Yet if we were to define the elements of a postmodern constitutional culture, it would …


On Reading The Constitution, Bruce Fein May 1992

On Reading The Constitution, Bruce Fein

Michigan Law Review

A Review of On Reading the Constitution by Laurence H. Tribe and Michael C. Dorf


The Age Of Rights, Stephen D. Sencer May 1992

The Age Of Rights, Stephen D. Sencer

Michigan Law Review

A Review of The Age of Rights by Louis Henkin


The Supreme Court As Constitutional Interpreter: Chronology Without History, Herbert Hovenkamp May 1992

The Supreme Court As Constitutional Interpreter: Chronology Without History, Herbert Hovenkamp

Michigan Law Review

A Review of The Constitution in the Supreme Court: The Second Century, 1888-1986 by David P. Currie


The Newly Disenfranchised: A Constitutional Right Withheld, Herman R. Brown Jr. Mar 1992

The Newly Disenfranchised: A Constitutional Right Withheld, Herman R. Brown Jr.

University of the District of Columbia Law Review

Traditionally, Blacks and women have been denied their constitutional rights based strictly on race and sex. This brand of disenfranchisement has in many instances made these groups feel like "second class" citizens. Although recently, these groups have been able to share in some rights previously withheld, the "playing field of equality of rights" is still not level. For example, women still earn less pay for comparable work performed by their male counterparts. Blacks continue to be shut out of the system based strictly on race. Just as women and Blacks have been denied their rights, other groups have suffered similar …


The Failed Discourse Of State Constitutionalism, James A. Gardner Feb 1992

The Failed Discourse Of State Constitutionalism, James A. Gardner

Michigan Law Review

In this article, I approach these questions in two steps. First, I examine the status of state constitutional law as it is practiced today. I conclude that, contrary to the claims of New Federalism, state constitutional law today is a vast wasteland of confusing, conflicting, and essentially unintelligible pronouncements. I argue that the fundamental defect responsible for this state of affairs is the failure of state courts to develop a coherent discourse of state constitutional law that is, a language in which it is possible for participants in the legal system to make intelligible claims about the meaning of state …


Original Intent V. Revisionism: The Great Constitutional Debate, Eric Barnes Jan 1992

Original Intent V. Revisionism: The Great Constitutional Debate, Eric Barnes

Brigham Young University Prelaw Review

The due process clause is one of the many battlegrounds upon which two diametrically opposed camps of judicial decision makers fight out their rulings-rulings which effect the mass of citizenry and the balance of power in America's constitutional system. These opposing camps are the originalists and revisionists.


Era And The Bill Of Rights, Teresa Haddock Jan 1992

Era And The Bill Of Rights, Teresa Haddock

Brigham Young University Prelaw Review

The Equal Rights Amendment (ERA) proposed by Congress on 22 March 1972 would have become valid if ratified by three-fourths of the states within a seven year period from the date of submission. Thirty-five of the required thirty-eight states ratified the amendment. Before the time expired, Idaho, Nebraska, Tennessee, Kentucky, and South Dakota had all attempted to rescind their ratifications, but were denied the option to change their vote. Also, in October of 1978, Congress decided to extend the seven-year period until 30 June 1982. Four members of the Idaho legislature brought suit in Idaho vs. Freeman. The plaintiffs argument …


Limits Of First Amendment Rights, Troy Salisbury Jan 1992

Limits Of First Amendment Rights, Troy Salisbury

Brigham Young University Prelaw Review

Under the First Amendment of the Constitution such rights as the freedom of speech and assembly and other basic rights are set forth. People often feel that unpopular groups such as flag-burners or skinheads should have their First Amendment rights limited. Often individuals find it hard to tolerate the radical opinions of these groups. Nevertheless, their rights can only be restricted if, in the course of their actions, they directly infringe upon the rights of others. This point can be better illustrated by discussing a hypothetical situation in which a group's rights would have to be limited.


Due Process Jan 1992

Due Process

Touro Law Review

No abstract provided.


Freedom Of Speech And The Press Jan 1992

Freedom Of Speech And The Press

Touro Law Review

No abstract provided.


Comptroller And Attorney-General Jan 1992

Comptroller And Attorney-General

Touro Law Review

No abstract provided.


Equal Protection Jan 1992

Equal Protection

Touro Law Review

No abstract provided.


Gift Or Loan Of Property Or Credit Of Local Subdivisions Prohibited Jan 1992

Gift Or Loan Of Property Or Credit Of Local Subdivisions Prohibited

Touro Law Review

No abstract provided.


Ineffective Assistance Of Counsel Jan 1992

Ineffective Assistance Of Counsel

Touro Law Review

No abstract provided.


Preemption Of Local Law By State Legislature Jan 1992

Preemption Of Local Law By State Legislature

Touro Law Review

No abstract provided.


Right To Be Present Jan 1992

Right To Be Present

Touro Law Review

No abstract provided.


Right To Be Present Jan 1992

Right To Be Present

Touro Law Review

No abstract provided.


Searches And Seizure Jan 1992

Searches And Seizure

Touro Law Review

No abstract provided.


Supreme Court Jurisdiction Jan 1992

Supreme Court Jurisdiction

Touro Law Review

No abstract provided.


Trial By Jury Jan 1992

Trial By Jury

Touro Law Review

No abstract provided.


A Matter Of "Governing' Importance": Providing Business Defamation And Product Disparagement Defendants Full First Amendment Protection, Lisa Magee Arent Jan 1992

A Matter Of "Governing' Importance": Providing Business Defamation And Product Disparagement Defendants Full First Amendment Protection, Lisa Magee Arent

Indiana Law Journal

No abstract provided.


The Dormant Commerce Clause After Garcia: An Application To The Interstate Commerce Of Sanitary Landfill Space, James Hinshaw Jan 1992

The Dormant Commerce Clause After Garcia: An Application To The Interstate Commerce Of Sanitary Landfill Space, James Hinshaw

Indiana Law Journal

No abstract provided.


Corporate Pro-Choice: New York Assumes An Anti-Takover Position, Paula Walter Jan 1992

Corporate Pro-Choice: New York Assumes An Anti-Takover Position, Paula Walter

Touro Law Review

No abstract provided.


Freedom Of Speech And The Press Jan 1992

Freedom Of Speech And The Press

Touro Law Review

No abstract provided.