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Articles 1 - 30 of 32
Full-Text Articles in Law
Constitutional Remedies, Section 1983 And The Common Law, Michael L. Wells
Constitutional Remedies, Section 1983 And The Common Law, Michael L. Wells
Scholarly Works
Constitutional tort law marries the substantive rights granted by the Constitution to the remedial mechanism of tort law. The sweeping language of 42 U.S.C. 1983 provides that "[e]very person who, under color of any [state law] subjects, or causes to be subjected, any [person] to the deprivation of any [constitutional rights] shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress." Constitutional tort suits raise, in a new context, many tort-like remedial questions relating to causation, immunity, and damages--and therein lies a problem. The usual source of answers to …
A Business Lawyer Looks At The Internet, John P. Freeman
A Business Lawyer Looks At The Internet, John P. Freeman
South Carolina Law Review
No abstract provided.
Video Poker And The Lottery Clause: Where Common Law And Common Sense Collide, Michael William Eisenrauch
Video Poker And The Lottery Clause: Where Common Law And Common Sense Collide, Michael William Eisenrauch
South Carolina Law Review
No abstract provided.
O Estado De Necessidade Legislativo E As Medidas Provisórias, Ivo T. Gico Jr., Danielle C. Lanius
O Estado De Necessidade Legislativo E As Medidas Provisórias, Ivo T. Gico Jr., Danielle C. Lanius
Ivo Teixeira Gico Jr.
As medidas legislativas de urgência são geralmente motivadas por uma necessidade premente de normatização que não comporta - em tese - o trâmite legislativo normal. O presente trabalho explora a regulação desse Estado de Necessidade Legislativo no Brasil e no Direito Comparado para tentar identificar limites jurídicos à legislação de urgência.
Constitutional Law, Robin Jean Davis, Louis J. Palmer Jr.
Constitutional Law, Robin Jean Davis, Louis J. Palmer Jr.
West Virginia Law Review
No abstract provided.
Grab Bag Of Principles Or Principled Grab Bag: The Constitutionalization Of Common Law, Samuel C. Kaplan
Grab Bag Of Principles Or Principled Grab Bag: The Constitutionalization Of Common Law, Samuel C. Kaplan
South Carolina Law Review
No abstract provided.
Globalization And The United States Constitution: How Much Can It Accommodate, James M. Boyers
Globalization And The United States Constitution: How Much Can It Accommodate, James M. Boyers
Indiana Journal of Global Legal Studies
No abstract provided.
The Morality Of Regulation, Loren A. Smith
The Morality Of Regulation, Loren A. Smith
William & Mary Environmental Law and Policy Review
No abstract provided.
Notes On Notes, Margaret G. Stewart
Losing Jerusalem - Rfra And The Vocation Of Legal Crusader, Steven D. Smith
Losing Jerusalem - Rfra And The Vocation Of Legal Crusader, Steven D. Smith
William & Mary Law Review
No abstract provided.
Righting The Balance: An Inquiry Into The Foundations And Limits Of Freedom Of Expression, Steven J. Heyman
Righting The Balance: An Inquiry Into The Foundations And Limits Of Freedom Of Expression, Steven J. Heyman
All Faculty Scholarship
Contemporary disputes over the First Amendment often result in deadlock. One side stresses the paramount value of free speech, while the other side points to the harms that particular kinds of speech can cause. It is difficult to see how this impasse can be broken without a more general account of the scope of free expression: a view that integrates both the justifications and the limits of freedom of speech into a coherent whole. This Article makes a start toward developing such a theory. Its central thesis is that freedom of speech is a right that is limited by the …
The Supreme Court As An Enforcement Agency, Harold J. Krent
The Supreme Court As An Enforcement Agency, Harold J. Krent
All Faculty Scholarship
No abstract provided.
The Supreme Court As An Enforcement Agency, Harold J. Krent
The Supreme Court As An Enforcement Agency, Harold J. Krent
Harold J. Krent
No abstract provided.
Righting The Balance: An Inquiry Into The Foundations And Limits Of Freedom Of Expression, Steven J. Heyman
Righting The Balance: An Inquiry Into The Foundations And Limits Of Freedom Of Expression, Steven J. Heyman
Steven J. Heyman
Contemporary disputes over the First Amendment often result in deadlock. One side stresses the paramount value of free speech, while the other side points to the harms that particular kinds of speech can cause. It is difficult to see how this impasse can be broken without a more general account of the scope of free expression: a view that integrates both the justifications and the limits of freedom of speech into a coherent whole. This Article makes a start toward developing such a theory. Its central thesis is that freedom of speech is a right that is limited by the …
Congress, The Court, And The Constitution: Hearing Before The Subcommittee On The Constitution Of The Committee On The Judiciary, House Of Representatives, One Hundred Fifth Congress, Second Session, Charles T. Canady, Robert C. Scott, Louis Fisher, David P. Currie, Neal Devins, Neil Kinkopf, Nadine Strossen, Matthew J. Franck, Robert L. Clinton, Henry J. Hyde, Melvin L. Watt
Congress, The Court, And The Constitution: Hearing Before The Subcommittee On The Constitution Of The Committee On The Judiciary, House Of Representatives, One Hundred Fifth Congress, Second Session, Charles T. Canady, Robert C. Scott, Louis Fisher, David P. Currie, Neal Devins, Neil Kinkopf, Nadine Strossen, Matthew J. Franck, Robert L. Clinton, Henry J. Hyde, Melvin L. Watt
Congressional Testimony
No abstract provided.
Signs Of Danger - The Third Circuit Emphasizes Foreseeability As The Crucial Element In The State-Created Danger Theory: Morse V. Lower Merion School District, Christina M. Madden
Signs Of Danger - The Third Circuit Emphasizes Foreseeability As The Crucial Element In The State-Created Danger Theory: Morse V. Lower Merion School District, Christina M. Madden
Villanova Law Review
No abstract provided.
Victims' Rights And The Constitution: Moving From Guaranteeing Participatory Rights To Benefiting The Prosecution, Robert P. Mosteller
Victims' Rights And The Constitution: Moving From Guaranteeing Participatory Rights To Benefiting The Prosecution, Robert P. Mosteller
Faculty Publications
No abstract provided.
Hang On To Your Hats! Terry Into The Twenty-First Century, Eric L. Muller
Hang On To Your Hats! Terry Into The Twenty-First Century, Eric L. Muller
Faculty Publications
No abstract provided.
Chancellor Kent And The Search For The Elements Of Impeachable Offenses, Michael J. Gerhardt
Chancellor Kent And The Search For The Elements Of Impeachable Offenses, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Toward A More Coherent Dormant Commerce Clause: A Proposed Unitary Framework, Michael Anthony Lawrence
Toward A More Coherent Dormant Commerce Clause: A Proposed Unitary Framework, Michael Anthony Lawrence
Michael Anthony Lawrence
The Dormant Commerce Clause (DCC), bane of generations of law students, lawyers, judges and state & local legislators, does not lend itself to easy analysis. Indeed, the U.S. Supreme Court itself at various times has described its own DCC doctrine as “hopelessly confused,” “a quagmire,” and “not predictable.” This article attempts to aid in simplifying the analytical task by providing a new Unitary Framework taxonomy designed to bring order and improved predictability to the Court’s DCC doctrine.
Abortion And Women's Legal Personhood In Germany: A Contribution To The Feminist Theory Of The State, D. A. Jeremy Telman
Abortion And Women's Legal Personhood In Germany: A Contribution To The Feminist Theory Of The State, D. A. Jeremy Telman
D. A. Jeremy Telman
This article looks at abortion regulation in Germany in the context of the full range of laws through which the state specifies the status of women as legal persons. Reviewing Germany's most important abortion law decisions in 1975 and 1993, the article contends that while the Constitutional Court struck a balance between the East German legacy of reproductive freedom and West Germany's robust protections of the right to life, it did so by undermining the legal structures that had facilitated full civil, economic and political equality for women in East Germany through legal regimes geared towards protecting women's reproductive autonomy.
United States Supreme Court: 1998 Term, Paul C. Giannelli
United States Supreme Court: 1998 Term, Paul C. Giannelli
Faculty Publications
No abstract provided.
Commandeering, The Tenth Amendment, And The Federal Requisition Power: New York V. United States Revisited, Erik M. Jensen
Commandeering, The Tenth Amendment, And The Federal Requisition Power: New York V. United States Revisited, Erik M. Jensen
Faculty Publications
The Supreme Court's recent Tenth Amendment decisions, New York v. United States and Printz v. United States, have relied on the original understanding to hold that the Congress may not compel state officials to enact or administer federal programs. We present evidence from the field of taxation that raises questions about the Court's originalist approach to the Tenth Amendment. We explain why the results in New York and Printz are superficially supported by the history of the widely discredited system of requisitions that prevailed under the Articles of Confederation: the Constitution created a system of indirect and direct taxation to …
Contingency Fees May Be Hazardous To Your Health: A Constitutional Analysis Of Congressional Interference With Tobacco Litigation Contracts, Kris W. Kobach
Contingency Fees May Be Hazardous To Your Health: A Constitutional Analysis Of Congressional Interference With Tobacco Litigation Contracts, Kris W. Kobach
South Carolina Law Review
No abstract provided.
Islamic Law As A Source Of Constitutional Law In Egypt: The Constitutionalization Of The Sharia In A Modern Arab State, Clark B. Lombardi
Islamic Law As A Source Of Constitutional Law In Egypt: The Constitutionalization Of The Sharia In A Modern Arab State, Clark B. Lombardi
Articles
No abstract provided.
Law And Human Dignity: The Judicial Soul Of Justice Brennan, Stephen Wermiel
Law And Human Dignity: The Judicial Soul Of Justice Brennan, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Comment, The Green Aspects Of Printz: The Revival Of Federalism And Its Implications For Environmental Law, Jonathan H. Adler
Comment, The Green Aspects Of Printz: The Revival Of Federalism And Its Implications For Environmental Law, Jonathan H. Adler
Faculty Publications
This Comment reviews the Printz decision in the context of the Supreme Court's recent federalism jurisprudence and assesses its implications for environmental law. Part I provides a brief historical overview of the federal-state relationship in the environmental context and recent Supreme Court decisions on federalism. Part II discusses and evaluates the Printz decision. Part III applies the Supreme Court holdings in Printz and related federalism cases to current environmental policies and identifies federal environmental programs that are constitutionally suspect. Finally, Part IV addresses the public policy concern that limiting the federal government's power in the environmental context will inevitably weaken …
The Quest To Find The Meaning Of The First Amendment, Mark C. Alexander
The Quest To Find The Meaning Of The First Amendment, Mark C. Alexander
Seattle University Law Review
Professor William Van Alstyne has been a prolific and influential scholar, discussing First Amendment questions throughout his career. He has authored dozens of law review articles that are frequently cited in varying contexts, including at least twenty cites in U.S. Supreme Court opinions. He also has done what few others have done with his scholarly agenda by writing consistently and powerfully on the major aspects of the First Amendment – Free Speech, Press, and Religion – and their interrelation. He has added to his numerous contributions by providing a thorough and insightful casebook, First Amendment Cases and Materials, which …
El Principio De "La Alternativa Menos Restrictiva" En Derecho Constitucional Norteamericano, Robert Bastress Jr.
El Principio De "La Alternativa Menos Restrictiva" En Derecho Constitucional Norteamericano, Robert Bastress Jr.
Law Faculty Scholarship
No abstract provided.
Permissible Content Discrimination Under The First Amendment: The Strange Case Of The Public Employee, Lawrence Rosenthal
Permissible Content Discrimination Under The First Amendment: The Strange Case Of The Public Employee, Lawrence Rosenthal
Lawrence Rosenthal
The speech of public employees poses special problems under the First Amendment. As Justice O'Connor once explained, a rule that forbids employees who deal with the public from being rude to customers should be permissible in the public sector, even though a statute containing the very same prohibition would be considered impermissibly vague when applied to private-sector employees. Recognizing that a special rule for public employees is necessary, the Supreme Court has held that only when public employees speak on a matter of public concern does their speech qualify for constitutional protection, and even then, the employee's interest must be …