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Constitutional Law

1993

Discipline
Institution
Publication
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Articles 1 - 28 of 28

Full-Text Articles in Law

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 Economic Causes And Consequences Of Constitutional Reform In Eastern Europe, Robert C. Juelke May 1993

The Economic Causes And Consequences Of Constitutional Reform In Eastern Europe, Robert C. Juelke

William & Mary Law Review

No abstract provided.


Political Federalism And Congressional Truth-Telling, Margaret G. Stewart Mar 1993

Political Federalism And Congressional Truth-Telling, Margaret G. Stewart

All Faculty Scholarship

No abstract provided.


Civil Penalties And Multiple Punishment Under The Double Jeopardy Clause: Some Unanswered Questions, David S. Rudstein Mar 1993

Civil Penalties And Multiple Punishment Under The Double Jeopardy Clause: Some Unanswered Questions, David S. Rudstein

David S Rudstein

No abstract provided.


Civil Penalties And Multiple Punishment Under The Double Jeopardy Clause: Some Unanswered Questions, David S. Rudstein Mar 1993

Civil Penalties And Multiple Punishment Under The Double Jeopardy Clause: Some Unanswered Questions, David S. Rudstein

All Faculty Scholarship

No abstract provided.


"But Whoever Treasures Freedom...": The Right To Travel And Extraterritorial Abortions, Seth F. Kreimer Mar 1993

"But Whoever Treasures Freedom...": The Right To Travel And Extraterritorial Abortions, Seth F. Kreimer

Faculty Scholarship at Penn Law

No abstract provided.


Political Federalism And Congressional Truth-Telling, Margaret G. Stewart Feb 1993

Political Federalism And Congressional Truth-Telling, Margaret G. Stewart

Margaret G. Stewart

No abstract provided.


The Public Square And The Jew As Religious Other, Sheldon Nahmod Feb 1993

The Public Square And The Jew As Religious Other, Sheldon Nahmod

All Faculty Scholarship

No abstract provided.


The Public Square And The Jew As Religious Other, Sheldon Nahmod Jan 1993

The Public Square And The Jew As Religious Other, Sheldon Nahmod

Sheldon Nahmod

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.


Minnesota's Gulag: Involuntary Treatment For The “Politically Ill”, Peter Erlinder Jan 1993

Minnesota's Gulag: Involuntary Treatment For The “Politically Ill”, Peter Erlinder

C. Peter Erlinder

No abstract provided.


The 1990 Federal "Fallback" Statute Of Limitations: Limitations By Default, Katharine F. Nelson Jan 1993

The 1990 Federal "Fallback" Statute Of Limitations: Limitations By Default, Katharine F. Nelson

Katharine F. Nelson

No abstract provided.


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.


"Taking" The Imperial Judiciary Seriously: Segmenting Property Interests And Judicial Revision Of Legislative Judgments, John A. Humbach Jan 1993

"Taking" The Imperial Judiciary Seriously: Segmenting Property Interests And Judicial Revision Of Legislative Judgments, John A. Humbach

Pace Law Faculty Publications

This Article examines the diversion of the Takings Clause from its historic limited role to that of a charter for courts to second-guess legislative determinations of land-use rights and wrongs. As we shall see, prior to Lucas the Supreme Court and others following its lead have generally not regarded the Takings Clause as a warrant for reaching de novo determinations on land use problems and then substituting such judicial determinations, if different, for those of the legislature. Some notable exceptions in the Claims Court and Federal Circuit will then be considered along with the ostensible Supreme Court authority, a sentence ...


Constitutional Law--First Amendment--No Constitutional Right To Vote For Donald Duck: The Supreme Court Upholds The Constitutionality Of Write-In Voting Bans In Burdick V. Takushi, Jeanne M. Kaiser Jan 1993

Constitutional Law--First Amendment--No Constitutional Right To Vote For Donald Duck: The Supreme Court Upholds The Constitutionality Of Write-In Voting Bans In Burdick V. Takushi, Jeanne M. Kaiser

Faculty Scholarship

This Note examines the Supreme Court decision in Burkick v. Takushi in detail and questions the Court's conclusion that the voters' interest in casting write-in votes is so slight that write-in bans are presumptively valid. The Note concludes that the Burdick decision is both inconsistent with the Court's previous ballot access jurisprudence, and restricts the electoral process at a time when voters are clamoring for more diverse choices in the voting booth. Section I of this Note briefly reviews a number of cases that considered the constitutionality of legislation governing candidate access to election ballots. The ballot access ...


Rights As Trumps, Dan T. Coenen Jan 1993

Rights As Trumps, Dan T. Coenen

Scholarly Works

In this essay, I question Professor Fallon's strong rejection of the notion that "rights are trumps" by making four points. First, rights are trumps in the single, but important, sense that they preclude the exercise of powers granted to government by the constitutional text. Second, rights sometimes operate as trumps on governmental powers in the very purse sense that they cut off all consideration of governmental interests. Third, even when the Court considers government interests in dealing with rights, it often does so on such a restricted basis that the description of rights as "trumps" remains accurate. Finally, even ...


Evolving Thresholds Of Nuisance And The Takings Clause, John A. Humbach Jan 1993

Evolving Thresholds Of Nuisance And The Takings Clause, John A. Humbach

Pace Law Faculty Publications

This article reviews the historical tradition in which the common law core of nuisance has been the frequent subject of statutory additions and refinements, providing most of our modern law of land use and environmental protection. Until Lucas, the Takings Clause had not been treated as a charter establishing the courts as boards of revision to rethink and selectively veto legislative determinations in the land use field. Within the scope of “total takings,” however, Lucas has converted the Takings Clause from its original meaning and made it exactly that.


Gender In The Military: Androcentrism And Institutional Reform, Kathryn Abrams Jan 1993

Gender In The Military: Androcentrism And Institutional Reform, Kathryn Abrams

Faculty Scholarship

Discusses androcentrism and institutional reform in the military. Need to expose androcentism as a strategy for change; Courts' deference toward military policy.


Remaking Confrontation Clause And Hearsay Doctrine Under The Challenge Of Child Sexual Abuse Prosecutions, Robert P. Mosteller Jan 1993

Remaking Confrontation Clause And Hearsay Doctrine Under The Challenge Of Child Sexual Abuse Prosecutions, Robert P. Mosteller

Faculty Publications

No abstract provided.


Marshalling Past And Present: Colonialism, Constitutionalism, And Interpretation In Federal Indian Law, Philip P. Frickey Jan 1993

Marshalling Past And Present: Colonialism, Constitutionalism, And Interpretation In Federal Indian Law, Philip P. Frickey

Faculty Scholarship

Argues in defense of the federal Indian law in the U.S. Relevance of the law to colonialism and constitutionalism in the U.S. history; Efforts to mediate tensions between colonialism and constitutionalism; Quasi-constitutionalism by interpretation.


The Pressure Of Precedent: A Critique Of The Conservative Approaches To Stare Decisis In Abortion Cases, Michael J. Gerhardt Jan 1993

The Pressure Of Precedent: A Critique Of The Conservative Approaches To Stare Decisis In Abortion Cases, Michael J. Gerhardt

Faculty Publications

No abstract provided.


Justice Scalia, Standing, And Public Law Litigation, Gene R. Nichol Jr. Jan 1993

Justice Scalia, Standing, And Public Law Litigation, Gene R. Nichol Jr.

Faculty Publications

No abstract provided.


The Inequality Of Anti-Establishment, William P. Marshall Jan 1993

The Inequality Of Anti-Establishment, William P. Marshall

Faculty Publications

No abstract provided.


The Constitutional Right To Defense Experts, Paul C. Giannelli Jan 1993

The Constitutional Right To Defense Experts, Paul C. Giannelli

Faculty Publications

No abstract provided.


Original Penumbras: Constitutional Interpretation In The First Year Of Congress, Kent Greenfield Dec 1992

Original Penumbras: Constitutional Interpretation In The First Year Of Congress, Kent Greenfield

Kent Greenfield

No abstract provided.


Natural Right And The Constitution: Principle As Purpose And Limit, Andrew C. Spiropoulos Dec 1992

Natural Right And The Constitution: Principle As Purpose And Limit, Andrew C. Spiropoulos

Andrew C. Spiropoulos

No abstract provided.


Planned Parenthood V. Casey: The Death Of Repose In Reproductive Decision Making, John F. Nivala Dec 1992

Planned Parenthood V. Casey: The Death Of Repose In Reproductive Decision Making, John F. Nivala

John F. Nivala

No abstract provided.


The Third Amendment: Forgotten But Not Gone, Tom W. Bell Dec 1992

The Third Amendment: Forgotten But Not Gone, Tom W. Bell

Tom W. Bell

Pity the Third Amendment. The other amendments of the United States Constitution's Bill of Rights inspire public adoration and volumes of legal research. Meanwhile, the Third Amendment languishes in comparative oblivion or, worse yet, suffers ridicule. The Third Amendment has especially suffered from a lack of serious and sustained legal analysis. This paper aims to fill the most glaring gaps in Third Amendment scholarship, so as to round out our knowledge of the Bill of Rights and to pay the Third Amendment respect long past due.