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Articles 1 - 23 of 23

Full-Text Articles in Law

The Arts: A Traditional Sphere Of Free Expression? First Amendment Implications Of Government Funding To The Arts In The Aftermath Of Rust V. Sullivan , Thomas P. Leff Dec 1995

The Arts: A Traditional Sphere Of Free Expression? First Amendment Implications Of Government Funding To The Arts In The Aftermath Of Rust V. Sullivan , Thomas P. Leff

American University Law Review

No abstract provided.


The Arts: A Traditional Sphere Of Free Expression? First Amendment Implications Of Government Funding To The Arts In The Aftermath Of Rust V. Sullivan , Thomas P. Leff Dec 1995

The Arts: A Traditional Sphere Of Free Expression? First Amendment Implications Of Government Funding To The Arts In The Aftermath Of Rust V. Sullivan , Thomas P. Leff

American University Law Review

No abstract provided.


Where's The Buck?: Juror Misperception Of Sentencing Responsibility In Death Penalty Cases, Joseph L. Hoffmann Oct 1995

Where's The Buck?: Juror Misperception Of Sentencing Responsibility In Death Penalty Cases, Joseph L. Hoffmann

Indiana Law Journal

Symposium: The Capital Jury Project


A Theory Of Compulsory Process Clause Discovery Rights, Jean Montoya Jul 1995

A Theory Of Compulsory Process Clause Discovery Rights, Jean Montoya

Indiana Law Journal

No abstract provided.


Unconstitutional Incontestability?: The Intersection Of The Intellectual Property And Commerce Clauses Of The Constitution: Beyond A Critique Of Shakespeare Co. V. Silstar Corp., Malla Pollack Apr 1995

Unconstitutional Incontestability?: The Intersection Of The Intellectual Property And Commerce Clauses Of The Constitution: Beyond A Critique Of Shakespeare Co. V. Silstar Corp., Malla Pollack

Malla Pollack

This article makes several assertions: (1) The Intellectual Property Clause of the Constitution, even read with the Commerce Clause, prevents Congress from giving authors or inventors exclusive rights unbounded by premeasured time limitations; (2) Because such limits exist, even incontestable trademarks must be subject to functionality challenges in order to prevent conflict with the Patent Clause; (3) The Intellectual Property Clause requires a similar challenge to prevent conflict with the Copyright Clause; (4) The states are also limited by either direct constitutional mandate or statutory preemption. Based on the first two assertions, this article argues that the Fourth Circuit's ...


Is Moral Relativism A Constitutional Command?, Steven G. Gey Apr 1995

Is Moral Relativism A Constitutional Command?, Steven G. Gey

Indiana Law Journal

No abstract provided.


In Search Of The Post-Positivist Jury, Mark Cammack Apr 1995

In Search Of The Post-Positivist Jury, Mark Cammack

Indiana Law Journal

No abstract provided.


The Extraordinary Counter-Majoritarian Power Of The New Supreme Court Of Nepal, Richard Stith Apr 1995

The Extraordinary Counter-Majoritarian Power Of The New Supreme Court Of Nepal, Richard Stith

Law Faculty Publications

No abstract provided.


Twins Separated At Birth: A Comparative History Of The Civil And Criminal Arising Under Jurisdiction Of The Federal Courts And Some Proposal For Change, Donald H. Zeigler Jan 1995

Twins Separated At Birth: A Comparative History Of The Civil And Criminal Arising Under Jurisdiction Of The Federal Courts And Some Proposal For Change, Donald H. Zeigler

Articles & Chapters

No abstract provided.


The Health Care Proxy And The Narrative Of Death, Steven I. Friedland Jan 1995

The Health Care Proxy And The Narrative Of Death, Steven I. Friedland

Journal of Law and Health

This article is divided into three sections. After this introduction, section II features a brief history of the narrative of death, explores the role of heroism in the death narrative, described the "miracles" of modern medicine, and analyzes some of the resulting adverse transformations wrought by the advances. The transformations include the unrealistic expectations of longevity and obsession with youthfulness, the removal of death from the personal realm, and the change in the nature of death. Section III examines the legal apparatus erected to meet the issues created by the medical advances, including the redefinition of death, and Constitutional, common ...


Annual Survey Of Virginia Law: Campaign And Election Law, Claudia T. Salomon Jan 1995

Annual Survey Of Virginia Law: Campaign And Election Law, Claudia T. Salomon

University of Richmond Law Review

This is the first year the University of Richmond Law Review has surveyed recent developments in Virginia's campaign and election laws. Thus, this article provides a general overview of the laws governing state and local candidates concerning (1) qualifications for candidacy, (2) campaign finance, and (3) campaign and election misconduct.


The Pledge Of Allegiance Problem, Abner S. Greene Jan 1995

The Pledge Of Allegiance Problem, Abner S. Greene

Fordham Law Review

No abstract provided.


The Constitutionality Of Punishing Deadbeat Parents: The Child Support Recovery Act Of 1992 After United States V. Lopez, Ronald S. Kornreich Jan 1995

The Constitutionality Of Punishing Deadbeat Parents: The Child Support Recovery Act Of 1992 After United States V. Lopez, Ronald S. Kornreich

Fordham Law Review

No abstract provided.


The Brown Symposium – An Introduction, Thomas B. Mcaffee Jan 1995

The Brown Symposium – An Introduction, Thomas B. Mcaffee

Scholarly Works

This article is an introduction to a symposium sponsored by Southern Illinois University regarding Brown v. Board of Education.


C & A Carbone V. Clarkstown: A Wake-Up Call For The Dormant Commerce Clause, Rachel D. Baker Jan 1995

C & A Carbone V. Clarkstown: A Wake-Up Call For The Dormant Commerce Clause, Rachel D. Baker

Duke Environmental Law & Policy Forum

Introduction Garbage collection, transportation, and disposal have historically been the responsibility of individual towns and cities in the United States. 1 However, stringent environmental regulations, declining landfill capacity, and the implementation of costly source reduction and recycling programs have greatly increased the costs of waste management borne by towns. 2 For the past two decades, many local governments have relied on "flow control" ordinances to finance their solid waste management activities. 3 These ordinances designate where municipal solid waste generated within the community must be managed, stored, or disposed. 4 Recently, in C & A Carbone, Inc. v. Town of Clarkstown ...


The Constitution And The Subgroup Question, Martha Minow Jan 1995

The Constitution And The Subgroup Question, Martha Minow

Indiana Law Journal

Presented on Nov. 18, 1994, Indiana University School of Law-Bloomington as the 1994 Harris Lecture.


Substance Above All: The Utopian Vision Of Modern Natural Law Constitutionalists, Thomas B. Mcaffee Jan 1995

Substance Above All: The Utopian Vision Of Modern Natural Law Constitutionalists, Thomas B. Mcaffee

Scholarly Works

Modern natural law constitutionalists assert that the Constitution, properly understood, includes a kind of general trump card in the form of a moral reality which provides (or is, at any rate, thought to provide) a measure of all positive legal acts--whether framed in terms of the values of natural equality, natural rights, or “simple justice.”

This article explores why “trump card” natural law constitutionalism cannot by its nature adequately confront crucial issues of institutional design and democratic theory. In thus putting questions of moral substance ahead of crucial issues of authority, natural law constitutionalism appears to rest on a naive ...


Brown And The Doctrine Of Precedent: A Concurring Opinion, Thomas B. Mcaffee Jan 1995

Brown And The Doctrine Of Precedent: A Concurring Opinion, Thomas B. Mcaffee

Scholarly Works

This article is part of a symposium sponsored by Southern Illinois University regarding Brown v. Board of Education. In this article, the author addresses the question of what opinion he would have written had he been a justice on the U.S. Supreme Court when the case was decided.

The author indicates he would have concurred in those opinions finding a violation of the Equal Protection Clause of the Fourteenth Amendment in Brown v. Board of Education. The author finds persuasive the argument that any other decision would permit states to evade the core purpose of the Fourteenth Amendment. Nevertheless ...


Reflections On From Slaves To Citizens Bondage, Freedom And The Constitution: The New Slavery Scholarship And Its Impact On Law And Legal Historiography, Robert J. Kaczorowski Jan 1995

Reflections On From Slaves To Citizens Bondage, Freedom And The Constitution: The New Slavery Scholarship And Its Impact On Law And Legal Historiography, Robert J. Kaczorowski

Faculty Scholarship

The thesis of Professor Donald Nieman's paper, "From Slaves to Citizens: African-Americans, Rights Consciousness, and Reconstruction," is that the nation experienced a revolution in the United States Constitution and in the consciousness of African Americans. According to Professor Nieman, the Reconstruction Amendments represented "a dramatic departure from antebellum constitutional principles,"' because the Thirteenth Amendment reversed the pre-Civil War constitutional guarantee of slavery and "abolish[ed] slavery by federal authority." The Fourteenth Amendment rejected the Supreme Court's "racially-based definition of citizenship [in Dred Scott v. Sandford4], clearly establishing a color-blind citizenship” and the Fifteenth Amendment "wrote the principle of ...


Constitutional Reform On Taiwan: Fulfilling A Chinese Notion Of Deomcratic Sovereignty?, Piero Tozzi Jan 1995

Constitutional Reform On Taiwan: Fulfilling A Chinese Notion Of Deomcratic Sovereignty?, Piero Tozzi

Fordham Law Review

No abstract provided.


Consensus Of The Governed: The Legitimacy Of Constitutional Change, Raymond Ku Jan 1995

Consensus Of The Governed: The Legitimacy Of Constitutional Change, Raymond Ku

Fordham Law Review

What a government of limited powers needs, at the beginning and forever, is some means of satisfying the people that it has taken all steps humanly possible to stay within its powers. That is the condition of its legitimacy, and its legitimacy, in the long run, is the condition of its life. Our whole political system rests on the distinction between constitutional and other laws. The former are the solemn principles laid down by the people in its ultimate sovereignty; the latter are regulations made by its representatives within the limits of their authority, and the courts can hold unauthorized ...


The Constitution Of Belarus: A Good First Step Towards The Rule Of Law, Gary M. Shaw Jan 1995

The Constitution Of Belarus: A Good First Step Towards The Rule Of Law, Gary M. Shaw

Scholarly Works

No abstract provided.


The Dead Hand Of The Architect, Daniel A. Farber Jan 1995

The Dead Hand Of The Architect, Daniel A. Farber

Faculty Scholarship

No abstract provided.