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1993

Constitutional law

Discipline
Institution
Publication
Publication Type

Articles 1 - 30 of 42

Full-Text Articles in Law

Historical Framework For Reviving Constitutional Protection For Property And Contract Rights , James L. Kainen Nov 1993

Historical Framework For Reviving Constitutional Protection For Property And Contract Rights , James L. Kainen

Cornell Law Review

No abstract provided.


The “Proper” Scope Of Federal Power: A Jurisdictional Interpretation Of The Sweeping Clause, Gary Lawson, Patricia B. Granger Nov 1993

The “Proper” Scope Of Federal Power: A Jurisdictional Interpretation Of The Sweeping Clause, Gary Lawson, Patricia B. Granger

Duke Law Journal

No abstract provided.


Looking Back, Looking Ahead: Justice O’Connor, Ideology, And The Advice And Consent Process, Lisa R. Graves Oct 1993

Looking Back, Looking Ahead: Justice O’Connor, Ideology, And The Advice And Consent Process, Lisa R. Graves

Cornell Journal of Law and Public Policy

No abstract provided.


The President’S Power Of Interpretation: Implications Of A Unified Theory Of Constitutional Law, Geoffrey P. Miller Oct 1993

The President’S Power Of Interpretation: Implications Of A Unified Theory Of Constitutional Law, Geoffrey P. Miller

Law and Contemporary Problems

No abstract provided.


Foreword, Neal Devins Oct 1993

Foreword, Neal Devins

Law and Contemporary Problems

No abstract provided.


Disagreement And Interpretation, Robert F. Nagel Oct 1993

Disagreement And Interpretation, Robert F. Nagel

Law and Contemporary Problems

The question of what weight--if any--courts should give to elected government resistance to court decisions is examined. A principle is sought that explains why courts should not consider local resistance when deliberating on constitutional questions.


At The President’S Side: The Role Of The White House Counsel In Constitutional Policy, Jeremy Rabkin Oct 1993

At The President’S Side: The Role Of The White House Counsel In Constitutional Policy, Jeremy Rabkin

Law and Contemporary Problems

The suicide of the Deputy Counsel Vincent Foster focused new attention on the office of White House Counsel. The role of the counsel in constitutional policy is discussed.


The Lawmaking Congress, Roger H. Davidson Oct 1993

The Lawmaking Congress, Roger H. Davidson

Law and Contemporary Problems

General guidelines for understanding how the task of framing and reviewing constitutional issues is approached by senators and representatives in Congress are presented.


Confirming The Constitution: The Role Of The Senate Judiciary Committee, Stephen J. Wermiel Oct 1993

Confirming The Constitution: The Role Of The Senate Judiciary Committee, Stephen J. Wermiel

Law and Contemporary Problems

The confirmation process for Supreme Court justices is examined as a form of indirect constitutional interpretation by the Senate. Recent confirmation struggles are used as examples.


Black And White Images, John H. Garvey Oct 1993

Black And White Images, John H. Garvey

Law and Contemporary Problems

Whether the National Endowment for the Arts can control the content of speech that it pays for is a hard First Amendment question. The way in which Congress has tried to answer it is discussed.


Voting Rights And The “Statutory Constitution”, Peter M. Shane Oct 1993

Voting Rights And The “Statutory Constitution”, Peter M. Shane

Law and Contemporary Problems

The appeal of regarding certain statutes as having constitutional status is discussed. The possibility that certain statutes may lay claim to expressing fundamental law in a way that entitles them to be included within the range of material relevant to constitutional interpretation is examined.


The Legislative Veto: Invalidated, It Survives, Louis Fisher Oct 1993

The Legislative Veto: Invalidated, It Survives, Louis Fisher

Law and Contemporary Problems

The Supreme Court's decision in "INS vs Chadha" is examined, and the origins of the legislative veto and its traditional place in the lawmaking process is discussed.


Congress, The Fcc, And The Search For The Public Trustee, Neal Devins Oct 1993

Congress, The Fcc, And The Search For The Public Trustee, Neal Devins

Law and Contemporary Problems

The features of constitutional politics involving independent agencies are discussed through an examination of FCC efforts to repudiate regulatory initiatives designed to facilitate diversity in broadcasting.


The American Judicial Review Quagmire: A Canadian Proposal, Caroline S. Earle Oct 1993

The American Judicial Review Quagmire: A Canadian Proposal, Caroline S. Earle

Indiana Law Journal

No abstract provided.


Justice And The Text: Rethinking The Constitutional Relation Between Principle And Prudence, Christopher L. Eisgruber Oct 1993

Justice And The Text: Rethinking The Constitutional Relation Between Principle And Prudence, Christopher L. Eisgruber

Duke Law Journal

No abstract provided.


Is There A Law Of Federal Courts, Gene R. Nichol Sep 1993

Is There A Law Of Federal Courts, Gene R. Nichol

West Virginia Law Review

No abstract provided.


Choice Approach To The Constitutionality Of Term Limitation Laws , Johnathan Mansfield Jul 1993

Choice Approach To The Constitutionality Of Term Limitation Laws , Johnathan Mansfield

Cornell Law Review

No abstract provided.


Constitutional Equity And The Innovative Tradition, William T. Quillen Jul 1993

Constitutional Equity And The Innovative Tradition, William T. Quillen

Law and Contemporary Problems

It is argued that the court's status as a general equity court with constitutionally vested jurisdiction has benefitted the legal system. The Delaware court of chancery is an example of an equity court that resolves complex disputes expeditiously and lets the litigants move on.


The Injunction In Aid Of Legal Rights—An Australian Perspective, William Gummow Jul 1993

The Injunction In Aid Of Legal Rights—An Australian Perspective, William Gummow

Law and Contemporary Problems

In Australia, as in the US, the injunction is rapidly losing its character as an extraordinary equitable remedy. Provisions in Australian constitutional law that pertain to the law of injunctions are discussed.


Researching Georgia Law, Nancy P. Johnson, Nancy Adams Deel Apr 1993

Researching Georgia Law, Nancy P. Johnson, Nancy Adams Deel

Georgia State University Law Review

No abstract provided.


Is The New York Times "Actual Malice" Standard Really Necessary? A Comparative Perspective, Russell L. Weaver, Geoffrey Bennett Mar 1993

Is The New York Times "Actual Malice" Standard Really Necessary? A Comparative Perspective, Russell L. Weaver, Geoffrey Bennett

Louisiana Law Review

No abstract provided.


The Abortion Question: Germany's Dilemma Delays Unification, Terri E. Owens Mar 1993

The Abortion Question: Germany's Dilemma Delays Unification, Terri E. Owens

Louisiana Law Review

No abstract provided.


National Separation: Canada In Context - A Legal Perspective, Kevin Sneesby Mar 1993

National Separation: Canada In Context - A Legal Perspective, Kevin Sneesby

Louisiana Law Review

No abstract provided.


Good Faith Defenses: Reshaping Strict Liability Crimes , Laurie L. Levenson Mar 1993

Good Faith Defenses: Reshaping Strict Liability Crimes , Laurie L. Levenson

Cornell Law Review

No abstract provided.


The Constitutionality Of State Allocation Of Punitive Damage Awards, Paul F. Kirgis Mar 1993

The Constitutionality Of State Allocation Of Punitive Damage Awards, Paul F. Kirgis

Washington and Lee Law Review

No abstract provided.


Has Due Process Struck Out? The Judicial Rubberstamping Of Retroactive Economic Laws, Andrew C. Weiler Mar 1993

Has Due Process Struck Out? The Judicial Rubberstamping Of Retroactive Economic Laws, Andrew C. Weiler

Duke Law Journal

No abstract provided.


Rights, Revolution, And The Paradox Of Constitutionalism: The Processes Of Constitutional Change In Pennsylvania, Harry L. Witte Jan 1993

Rights, Revolution, And The Paradox Of Constitutionalism: The Processes Of Constitutional Change In Pennsylvania, Harry L. Witte

Harry L Witte

No abstract provided.


The Constitutional Ghetto, Robert L. Hayman, Nancy Levit Jan 1993

The Constitutional Ghetto, Robert L. Hayman, Nancy Levit

Nancy Levit

The goal of this Article is to assess two Supreme Court desegregation decisions. It is our view that Board of Education v. Dowell and Freeman v. Pitts are, by almost every measure, seriously flawed decisions. The opinions of the Court rest on epistemic premises - reductionist views of race and racism, and an absurdly formalistic conception of equality - that are by turns either anachronistic, cramped and inauthentic, or demonstrably wrong. Worse, they promote a vision of American society - fragmented, hierarchical, and shamelessly individualistic - that is fundamentally inconsistent both with the egalitarian norms embodied in the Fourteenth Amendment and with the moral ...


Constitutional Law And The Myth Of The Great Judge, Michael S. Ariens Jan 1993

Constitutional Law And The Myth Of The Great Judge, Michael S. Ariens

Faculty Articles

One of the enduring myths of American history, including constitutional history, is that of the “Great Man” or “Great Woman.” The idea is that, to understand the history of America, one needs to understand the impact made by Great Men and Women whose actions affected the course of history. In political history, one assays the development of the United States through the lives of great Americans, from the “Founders” to Abraham Lincoln to John F. Kennedy. Similarly, in constitutional history, the story is told through key figures, the “Great Judges,” from John Marshall to Oliver Wendell Holmes to Earl Warren ...


Derridoz Law Written In Our Heart/Land: “The Powers Retained By The People”, Emily A. Hartigan Jan 1993

Derridoz Law Written In Our Heart/Land: “The Powers Retained By The People”, Emily A. Hartigan

Faculty Articles

Section 26 of the Nebraska Constitution, much like everything affirmative that humans do, is immediately flawed. The flaw sits literally right below this heartfelt declaration of the people’s sovereignty, in an annotation provided for section 26 in the Revised Statutes of Nebraska. This annotation cites State v. Moores, but recites also that the case was overruled, which is wrong for a number of reasons. First, not only does this conflict with other annotations to the same Bill of Rights citing the very same case, but it also ignores the inadequacy of the supposed “overruling” and the existence of an ...