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Articles 1 - 10 of 10
Full-Text Articles in Law
In Defense Of Life: Enforcing The Bill Of Rights On Behalf Of Poor, Minority And Disadvantaged Persons Facing The Death Penalty, Stephen B. Bright
In Defense Of Life: Enforcing The Bill Of Rights On Behalf Of Poor, Minority And Disadvantaged Persons Facing The Death Penalty, Stephen B. Bright
Missouri Law Review
This Article is a lecture from Alder-Rosecan about the court's decision in Furman v. Georgia in which the death penalty as it had existed for 200 years in our country's history was found to be unconstitutionally applied.
Happy Birthday, Sweet 200; Happy Birthday, Sweet Sixteen, Bruce Berner
Happy Birthday, Sweet 200; Happy Birthday, Sweet Sixteen, Bruce Berner
Law Faculty Publications
No abstract provided.
"There Is No Declaration Of Rights:" George Mason And The Bill Of Rights, David Clark
"There Is No Declaration Of Rights:" George Mason And The Bill Of Rights, David Clark
Brigham Young University Prelaw Review
Born the son of wealthy landowners in Fairfax County, Virginia, George Mason was molded to take an engaging and active role in colonial politics. A close advisor to George Washington, an ardent spokesman for American independence and human rights, and brilliant political author, Mason was one of the foremost political thinkers of his time. His role in the framing of the Constitution cannot be underemphasized, nor can his pivotal role in the adoption of the first ten amendments to that constitution go unrecognized. Mason was the brains, as well as the heart and soul behind the greatest democratic political document …
Era And The Bill Of Rights, Teresa Haddock
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 …
The Violation Of Clarence Thomas' Rights, Trey Dayes
The Violation Of Clarence Thomas' Rights, Trey Dayes
Brigham Young University Prelaw Review
We often assume that law and order will always prevail, that our rights will always be protected. However, this is not necessarily true. Many times the rights granted in the Bill of Rights are neglected. This was the case with Clarence Thomas. The legal process which he endured was not a trial, but a hearing. He was submitted to a gross injustice by the Senate Judiciary Committee. Due to the fact that this was not an actual trial Thomas was not charged with a criminal offence. He was merely under investigation. However, because this was only an investigation, he was …
Reagan, Bush And The Supreme Court, Arthur J. Kropp
Reagan, Bush And The Supreme Court, Arthur J. Kropp
University of Richmond Law Review
What may be the most significant achievement of the Reagan-Bush years is one we have only begun to appreciate: the radical revolution in the federal courts. After nearly three terms of conservative presidents bent on remaking the federal judiciary, the courts have been transformed. They are far more conservative, and, despite Administration rhetoric to the contrary, decidedly more activist.
The Bill Of Rights, Social Contract Theory, And The Rights “Retained” By The People, Thomas B. Mcaffee
The Bill Of Rights, Social Contract Theory, And The Rights “Retained” By The People, Thomas B. Mcaffee
Scholarly Works
The Ninth Amendment provides that “[t]he enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” There is no question that this Amendment was designed as a savings clause, to ensure that the specification of particular rights would not raise an inference that the Bill of Rights exhausted the rights which the people held as against the newly-created national government. But there is an ongoing debate as to nature of these additional rights retained by the people and as to the sort of claim they might support against the exercise …
Uncommon Law And The Bill Of Rights: The Woes Of Constitutionalizing State Common-Law Torts, Elaine W. Shoben
Uncommon Law And The Bill Of Rights: The Woes Of Constitutionalizing State Common-Law Torts, Elaine W. Shoben
Scholarly Works
During the two-hundred-year history of the Bill of Rights, the Supreme Court occasionally has used those first ten Amendments to constitutionalize state common-law torts. In this essay, Professor Elaine Shoben argues that the Court would be well advised to forgo that practice. Pointing to the Court's experience in constitutionalizing defamation law under the First Amendment, Professor Shoben says when the Court meddles in state tort law, the result is a highly complex and very unsatisfactory body of law. On the Bicentennial of the Bill of Rights, this author recommends that if the Court feels compelled to reform a state common-law …
Capital Punishment: A Critique Of The Political And Philosophical Thought Supporting The Justices' Positions., Samuel J.M. Donnelly
Capital Punishment: A Critique Of The Political And Philosophical Thought Supporting The Justices' Positions., Samuel J.M. Donnelly
St. Mary's Law Journal
Since Gregg v. Georgia, the Supreme Court has developed what could be described as a subparadigm for capital punishment. This subparadigm is now at a point of crisis for two enduring and mutually supporting reasons. The dissents by Justice Brennan and Justice Marshall represent the convergence of the better modern thought in regard to capital punishment. Even with the retirement of both Justices, the criticism found in their dissenting opinions presents a continuing challenge to the plurality’s position. Those using the plurality’s rhetoric are now split into two groups. Justices Blackmun and Stevens regularly vote against capital punishment, while focusing …
Celebrating (?) The Bill Of Rights: The Root, Branch, And Foliage Of American Liberty, Norman Dorsen
Celebrating (?) The Bill Of Rights: The Root, Branch, And Foliage Of American Liberty, Norman Dorsen
Kentucky Law Journal
No abstract provided.