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1993

Constitution

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Institution
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Articles 1 - 27 of 27

Full-Text Articles in Law

Deadly Confusion: Juror Instructions In Capital Cases , Theodore Eisenberg, Martin T. Wells Nov 1993

Deadly Confusion: Juror Instructions In Capital Cases , Theodore Eisenberg, Martin T. Wells

Cornell Law Review

No abstract provided.


Persistence Of The Ancient Regime: Custom Utility And The Common Law In The Nineteenth Century , Andrea C. Loux Nov 1993

Persistence Of The Ancient Regime: Custom Utility And The Common Law In The Nineteenth Century , Andrea C. Loux

Cornell Law Review

No abstract provided.


The Advocacy Of "Constitutional" Conduct, Marshall C. Derks Oct 1993

The Advocacy Of "Constitutional" Conduct, Marshall C. Derks

Indiana Law Journal

No abstract provided.


How To Limit Gerrymandering, Michael E Lewyn Jul 1993

How To Limit Gerrymandering, Michael E Lewyn

Michael E Lewyn

An extensive discussion of constitutional issues related to partisan gerrymandering.


The Future Of Our Past: The Legal Mind And The Legacy Of Classical Common-Law Thought, Donald H. Gjerdingen Jul 1993

The Future Of Our Past: The Legal Mind And The Legacy Of Classical Common-Law Thought, Donald H. Gjerdingen

Indiana Law Journal

No abstract provided.


Of Citizen Suits And Citizen Sunstein, Harold J. Krent, Ethan G. Shenkman Jun 1993

Of Citizen Suits And Citizen Sunstein, Harold J. Krent, Ethan G. Shenkman

Michigan Law Review

After briefly summarizing Lujan and addressing Sunstein's critique, we explore the concept of accountability underlying the creation of a single executive in Article II. We then apply our theory of the unitary executive to several examples of broad grants of statutory standing, concluding that Congress can confer standing on private citizens only if it specifically articulates and individuates the interests whose violation gives rise to a cognizable case. Although we agree with Sunstein's view that broad grants of statutory standing do not necessarily trench upon constitutional values, we ultimately side with Justice Scalia in concluding that universal citizen ...


If The Eye Offend Thee, Turn Off The Color, John Harrison May 1993

If The Eye Offend Thee, Turn Off The Color, John Harrison

Michigan Law Review

A Review of The Color-Blind Constitution by Andrew Kull


The Tribunal In Albania, John Paul Jones Apr 1993

The Tribunal In Albania, John Paul Jones

Law Faculty Publications

Professor Jones explains and critiques "The Organization of Justice and the Constitutional Court," the1992 amendments to Albania's provisional constitution that established the nation's post-revolution judicial system.


The Preemption Of State Hazardous And Solid Waste Regulations: The Dormant Commerce Clause Awakens Once More, Michael P. Healy Apr 1993

The Preemption Of State Hazardous And Solid Waste Regulations: The Dormant Commerce Clause Awakens Once More, Michael P. Healy

Law Faculty Scholarly Articles

Last term, for the first time since its watershed decision in Philadelphia v. New Jersey, the Supreme Court considered the extent to which the Commerce Clause of the United States Constitution constrains a state's ability to regulate the disposal of hazardous and solid waste within its borders. In two cases, Chemical Waste Management, Inc. v. Hunt and Fort Gratiot Sanitary Landfill, Inc. v. Michigan Department of Natural Resources, the Supreme Court acted to limit substantially states’ ability to respond independently to the crisis of solid and hazardous waste disposal. The Article describes the harmful impact of the Court's ...


The Role Of Religious Values In Judicial Decision Making, Scott C. Idleman Apr 1993

The Role Of Religious Values In Judicial Decision Making, Scott C. Idleman

Indiana Law Journal

No abstract provided.


Revisiting Roe V. Wade: Substance And Process In The Abortion Debate, Margaret G. Farrell Apr 1993

Revisiting Roe V. Wade: Substance And Process In The Abortion Debate, Margaret G. Farrell

Indiana Law Journal

No abstract provided.


The Political Process As Final Solution, Charles M. Freeland Apr 1993

The Political Process As Final Solution, Charles M. Freeland

Indiana Law Journal

No abstract provided.


Legislative Process And Commercial Law: Lessons From The Copyright Act Of 1976 And The Uniform Commercial Code, Harold R. Weinberg, William J. Woodward Jr. Feb 1993

Legislative Process And Commercial Law: Lessons From The Copyright Act Of 1976 And The Uniform Commercial Code, Harold R. Weinberg, William J. Woodward Jr.

Law Faculty Scholarly Articles

Overlap and conflict are inevitable in any legal system in which a federal government and state governments both have authority to enact laws. In our federal system, the Constitution's Supremacy Clause identifies federal law as preeminent in case of conflict. When conflict develops and litigation is required to determine whether state or federal law controls the issue at hand, our system analyzes the problem using the term preemption as a basis for analysis.

This Article explores the federal legislative process that precedes judicial preemption decisions. By studying the legislative process for its sensitivity to preemption issues, possible ways to ...


Identifying, Protecting And Preserving Individual Rights: Traditional Federal Court Functions, Roger J. Miner '56 Jan 1993

Identifying, Protecting And Preserving Individual Rights: Traditional Federal Court Functions, Roger J. Miner '56

Constitutional Law

No abstract provided.


Our Peculiar Security: The Written Constitution And Limited Government, Gary L. Mcdowell Jan 1993

Our Peculiar Security: The Written Constitution And Limited Government, Gary L. Mcdowell

Law Faculty Publications

The essays contained in this volume begin with the assumption that it is significant that ours is a written constitution. In this way, the collection is more at home with the political thought of Thomas Jefferson and John Marshall than with much of contemporary scholarship. For, like Marshall in Marbury v. Madison (1803), the authors here believe that a written constitution is one of the greatest improvements on political institutions.


The Right Of The People To Be Secure, Ronald J. Bacigal Jan 1993

The Right Of The People To Be Secure, Ronald J. Bacigal

Law Faculty Publications

Part I of this Article defines searches and seizures of property and person, discussing the Supreme Court's initially broad interpretation of the Fourth Amendment and its subsequent narrowing in later decisions. Part II discusses several police "chase cases" leading up to the elimination of accidental and attempted seizures from Fourth Amendment protection in Brower v. County of Inyo and California v. Hodari D. Part Ill analyzes the Brower decision and its effect on accidental seizures, concluding that the analysis set forth therein should be abolished and advocating an alternate test. Part IV confronts the Court's elimination of attempted ...


A Constitutional Conspiracy Unmasked: Why "No State" Does Not Mean "No State", Mark A. Graber Jan 1993

A Constitutional Conspiracy Unmasked: Why "No State" Does Not Mean "No State", Mark A. Graber

Faculty Scholarship

No abstract provided.


Severability, John C. Nagle Jan 1993

Severability, John C. Nagle

Journal Articles

When a court holds a provision of a statute unconstitutional, a question remains regarding the validity of the remainder of the statute. The court may find that the unconstitutional provision may be severed from the statute and leave the remainder of the statute in effect. Alternatively, the court may hold that the unconstitutional provision cannot be severed and invalidate the entire statute.

This article argues that the jurisprudence surrounding the issue of severability is confusing and inconsistent. After explaining the concept of severability and its ramifications for statutes, I trace the development of the current judicial test for determining when ...


Rewriting The Constitution: An Economic Analysis Of The Constitutional Amendment Process, Donald J. Boudreaux, A. C. Pritchard Jan 1993

Rewriting The Constitution: An Economic Analysis Of The Constitutional Amendment Process, Donald J. Boudreaux, A. C. Pritchard

Fordham Law Review

In this Article, the authors develop an economic theory of the constitutional amendment process under Article V, focusing particularly on the roles that Congress and interest groups play in that process. The authors construct a model to predict when an interest group will seek an amendment rather than a statute to further its interests, highlighting how interest group maintenance costs and anticipated opposition affect that choice. They then discuss the efficiency goals of constitutionalism—precommitment and reduction of agency costs—and argue that the structure of the amendment process under Article V prevents realization of these goals. The authors contrast ...


American Indian Influence On The United States Constitution And Its Framers, Robert J. Miller Jan 1993

American Indian Influence On The United States Constitution And Its Framers, Robert J. Miller

American Indian Law Review

No abstract provided.


Conservatism And The Rehnquist Court, David F. Forte Jan 1993

Conservatism And The Rehnquist Court, David F. Forte

Law Faculty Articles and Essays

Now that the Supreme Court has been overwhelmingly staffed by appointees of Republican Presidents, we can ask: To what extent have they been faithful to the original version of the Constitution as articulated during its early years? How have they revivified the structural protections? How have they communicated an ethical sense of their own role in the structure? The answer, unfortunately, is that the record remains disappointing.


Constitutional Interpretation And Activist Fantasies, Raoul Berger Jan 1993

Constitutional Interpretation And Activist Fantasies, Raoul Berger

Kentucky Law Journal

No abstract provided.


An Adequate Education For All Maryland's Children: Morally Right, Economically Necessary, And Constitutionally Required, Susan P. Leviton, Matthew H. Joseph Jan 1993

An Adequate Education For All Maryland's Children: Morally Right, Economically Necessary, And Constitutionally Required, Susan P. Leviton, Matthew H. Joseph

Maryland Law Review

No abstract provided.


Fencing Out Politically Unpopular Groups From The Normal Political Processes: The Equal Protection Concerns Of Colorado Amendment Two, Craig Cassin Burke Jan 1993

Fencing Out Politically Unpopular Groups From The Normal Political Processes: The Equal Protection Concerns Of Colorado Amendment Two, Craig Cassin Burke

Indiana Law Journal

No abstract provided.


The Aspirational Constitution, Robin West Jan 1993

The Aspirational Constitution, Robin West

Georgetown Law Faculty Publications and Other Works

Firmly embedded in every theory of judicial decisionmaking lies an important set of assumptions about the way government is supposed to work. Sometimes these theories about government are made explicit. More often they are not. Moreover, deeply embedded in every theory of government is a theory of human nature. Although these assumptions about human nature generally remain latent within the larger theory, because they provide the underpinnings for our ideas about the way government is supposed to work, they drive our notions about judicial decisionmaking. For example, the theory of government reflected in the United States Constitution reveals what one ...


Negotiated Sovereignty: Intergovernmental Agreements With American Indian Tribes As Models For Expanding First Nations’ Self-Government, David H. Getches Jan 1993

Negotiated Sovereignty: Intergovernmental Agreements With American Indian Tribes As Models For Expanding First Nations’ Self-Government, David H. Getches

Articles

Constitutional issues related to First Nations sovereignty have dominated Aboriginal affairs in Canada for a considerable period. The constitutional entrenchment of Aboriginal self-government has, however, received a setback with the recent failure of the Charlottetown Accord in October of 1992. Nonetheless, day-to-day issues must be accommodated, even while this more fundamental constitutional question remains unresolved. This paper illustrates the American experience with negotiated intergovernmental agreements between tribes and individual states. These agreements have, for example, resolved jurisdictional disputes over taxation, solid waste disposal, and law enforcement between state governments and tribal authorities. The author suggests that these intergovernmental agreements in ...


From The Constitutionality Of Juvenile Curfew Ordinances To A Children's Agenda For The 1990s: Is It Really A Simple Matter Of Supporting Family Values And Recognizing Fundamental Rights?, Michael K. Jordan Jan 1993

From The Constitutionality Of Juvenile Curfew Ordinances To A Children's Agenda For The 1990s: Is It Really A Simple Matter Of Supporting Family Values And Recognizing Fundamental Rights?, Michael K. Jordan

Faculty Scholarship

The analysis of the constitutionality of curfew ordinances provides a window into a process that obfuscates rather than clarifies the nature of the constitutional problem. By defining the issue as one governed by rights, we limit our ability to comprehend the larger issue of how the Supreme Court has defined the relationship between minors, the family and society. The issue of the rights of minors as they relate to curfew ordinances offers a measure of solace by reducing the number of disturbing questions which concern cultural change and public policy decisions relating to the family. An understanding of this process ...