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Articles 1 - 21 of 21

Full-Text Articles in Law

Section 9: Also This Term, Institute Of Bill Of Rights Law At The William & Mary Law School Oct 1997

Section 9: Also This Term, Institute Of Bill Of Rights Law At The William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 8: Federalism: A Court In Search Of Itself, Institute Of Bill Of Rights Law At The William & Mary Law School Oct 1997

Section 8: Federalism: A Court In Search Of Itself, Institute Of Bill Of Rights Law At The William & Mary Law School

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No abstract provided.


Section 7: Business, Commerce, And Property, Institute Of Bill Of Rights Law At The William & Mary Law School Oct 1997

Section 7: Business, Commerce, And Property, Institute Of Bill Of Rights Law At The William & Mary Law School

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No abstract provided.


Section 6: Civil Rights, Institute Of Bill Of Rights Law At The William & Mary Law School Oct 1997

Section 6: Civil Rights, Institute Of Bill Of Rights Law At The William & Mary Law School

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No abstract provided.


Section 5: Speech And Elections, Institute Of Bill Of Rights Law At The William & Mary Law School Oct 1997

Section 5: Speech And Elections, Institute Of Bill Of Rights Law At The William & Mary Law School

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No abstract provided.


Section 4: Criminal Law & Procedure, Institute Of Bill Of Rights Law At The William & Mary Law School Oct 1997

Section 4: Criminal Law & Procedure, Institute Of Bill Of Rights Law At The William & Mary Law School

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No abstract provided.


Section 3: The Court And Race Relations, Institute Of Bill Of Rights Law At The William & Mary Law School Oct 1997

Section 3: The Court And Race Relations, Institute Of Bill Of Rights Law At The William & Mary Law School

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No abstract provided.


Section 2: Moot Court, Piscataway Township Board Of Education V. Taxman, Institute Of Bill Of Rights Law At The William & Mary Law School Oct 1997

Section 2: Moot Court, Piscataway Township Board Of Education V. Taxman, Institute Of Bill Of Rights Law At The William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 1: Overview Of The Supreme Court, Institute Of Bill Of Rights Law At The William & Mary Law School Oct 1997

Section 1: Overview Of The Supreme Court, Institute Of Bill Of Rights Law At The William & Mary Law School

Supreme Court Preview

No abstract provided.


The Last Word Debate: How Social And Political Forces Shape Constitutional Values, Neal Devins Oct 1997

The Last Word Debate: How Social And Political Forces Shape Constitutional Values, Neal Devins

Popular Media

No abstract provided.


Introduction, Paul F. Campos Jan 1997

Introduction, Paul F. Campos

Articles

No abstract provided.


Playing Defense, Robert F. Nagel Jan 1997

Playing Defense, Robert F. Nagel

Articles

Noting that the Romer opinion condemns the motives behind Amendment 2 without pausing even briefly to examine the social context in which it was enacted, Professor Nagel describes the decision as a model of the intolerant impulse in action. He traces this impulse to the Justices' unwillingness to examine their own role--and that of the rest of the constitutional law establishment--in creating the underlying conditions that produced Amendment 2.

In order to identify those conditions, Professor Nagel analyzes the primary document used by Colorado for Family Values during its campaign on behalf of the initiative. He argues that this document ...


Watts: The Decline Of The Jury, William T. Pizzi Jan 1997

Watts: The Decline Of The Jury, William T. Pizzi

Articles

No abstract provided.


Review Of The Selling Of Supreme Court Nominees, By J. A. Maltese, Richard D. Friedman Jan 1997

Review Of The Selling Of Supreme Court Nominees, By J. A. Maltese, Richard D. Friedman

Reviews

John Anthony Maltese has written a genial book on a subject of enormous importance and enduring interest-presidential selection and senatorial consideration of Supreme Court nominees. Readers new to this field will find The Selling of Supreme Court Nominees a helpful introduction to it. Those more familiar with it will not find much that is surprising.


Emphasizing The Constitutional In Constitutional Torts (Symposium On Section 1983), Christina B. Whitman Jan 1997

Emphasizing The Constitutional In Constitutional Torts (Symposium On Section 1983), Christina B. Whitman

Articles

It has been surprisingly difficult to extricate constitutional litigation from torts. In this Article I would like to resist once more' the idea that tort doctrines and tort categories provide a useful model for constitutional decision-making. When it comes to deciding the merits of a constitutional claim, torts is a distraction. That is the case whether torts serves as a positive model for the constitutional cause of action or as an alternative to be shunned. As part of this argument, I also question the claim2 that Monroe v. Pape,3 the 1961 case that opened the door for damages relief ...


Making Sausage: The Ninth Circuit's Opinion, Carl E. Schneider Jan 1997

Making Sausage: The Ninth Circuit's Opinion, Carl E. Schneider

Articles

As I write, the Supreme Court has just agreed to hear Compassion in Dying v. Washington and Quill v. Vacco, the two cases in which United States circuit courts of appeals held that a state may not constitutionally prohibit physicians from helping a terminally ill person who wishes to commit suicide to do so. These cases have already received lavish comment and criticism, and no doubt the Supreme Court's opinion will garner even more. Reasonably enough, most of this analysis addresses the merits of physician-assisted suicide as social policy. I, here, want to talk about how setting bioethical policy ...


Chief Justice Hughes' Letter On Court-Packing, Richard D. Friedman Jan 1997

Chief Justice Hughes' Letter On Court-Packing, Richard D. Friedman

Articles

After one of the great landslides in American presidential history, Franklin D. Roosevelt took the oath of office for the second time on January 20, 1937. As he had four years before, Chief Justice Charles Evans Hughes, like Roosevelt a former governor of New York, administered the oath. Torrents of rain drenched the inauguration, and Hughes’ damp whiskers waved in the biting wind. When the skullcapped Chief Justice reached the promise to defend the Constitution, he “spoke slowly and with special emphasis.” The President responded in kind, though he felt like saying, as he later told his aide Sam Rosenman ...


Why Mandatory Arbitration May Benefit Workers, Theodore J. St. Antoine Jan 1997

Why Mandatory Arbitration May Benefit Workers, Theodore J. St. Antoine

Articles

Would employees-including union employees-be better off with mandatory arbitration, even of statutory employment claims? The answer to this important question should depend less on abstract notions about the importance of statutory claims and the sanctity of the right to a jury trial, and more on a pragmatic assessment of what is likely to be best for the great majority of workers. Employing this type of analysis, which would take into account an overworked, underfunded Equal Employment Opportunity Commission, backlogged court dockets and other practical problems, my view is that most employees might well be better off with mandatory arbitration, provided ...


The Jurisprudence Of Yogi Berra, Edward H. Cooper, Grace C. Tonner Jan 1997

The Jurisprudence Of Yogi Berra, Edward H. Cooper, Grace C. Tonner

Articles

Lawrence Peter "Yogi" Berra was born on May 12, 1925, in St. Louis, Missouri, and grew up to become one of baseball's all-time greats. Yogi played nineteen years in the Major Leagues, eighteen with the New York Yankees and one with the New York Mets He has been called the greatest Yankee catcher ever. During his career, Yogi played in a record fourteen World Series and was elected the American League's Most Valuable Player three times. Following his playing career, Yogi managed both the Yankees and the New York Mets, and coached the Yankees, Mets, and Houston Astros ...


Counting Votes And Discounting Holdings In The Supreme Court's Takings Cases, Richard J. Lazarus Jan 1997

Counting Votes And Discounting Holdings In The Supreme Court's Takings Cases, Richard J. Lazarus

Georgetown Law Faculty Publications and Other Works

This Essay focuses on a dimension of the regulatory takings issue that has received relatively little attention in what is otherwise a vast amount of literature on the topic: Why the Court is so persistently splintered and its precedent so seemingly schizophrenic. Most academic discussion has focused on the sheer difficulty of reconciling the public's firmly held conception of sacrosanct private property rights with the public's increasing demand for restrictions on the exercise of those same rights when they affect others adversely. This Essay's thesis is that reasons for this phenomenon exist beyond those that have dominated ...


The Failure Of The Criminal Procedure Revolution: A Response, Craig M. Bradley Jan 1997

The Failure Of The Criminal Procedure Revolution: A Response, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.