Open Access. Powered by Scholars. Published by Universities.®

Constitutional Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 29 of 29

Full-Text Articles in Constitutional Law

Section 1500 And The Jurisdictional Pitfalls Of Federal Government Litigation , Paul Frederic Kirgis Dec 1997

Section 1500 And The Jurisdictional Pitfalls Of Federal Government Litigation , Paul Frederic Kirgis

American University Law Review

No abstract provided.


Congressional Power Over Federal Court Jurisdiction: A Defense Of The Neo-Federalist Interpretation Of Article Iil, Robert J. Pushaw Jr. Nov 1997

Congressional Power Over Federal Court Jurisdiction: A Defense Of The Neo-Federalist Interpretation Of Article Iil, Robert J. Pushaw Jr.

BYU Law Review

No abstract provided.


The Uniform Commercial Code Meets The Seventh Amendment: The Demise Of Jury Trials Under Article 5?, Margaret L. Moses Jul 1997

The Uniform Commercial Code Meets The Seventh Amendment: The Demise Of Jury Trials Under Article 5?, Margaret L. Moses

Indiana Law Journal

No abstract provided.


The Unwelcome Judicial Obligation To Respect Politics In Racial Gerrymandering Remedies, Jeffrey L. Fisher Mar 1997

The Unwelcome Judicial Obligation To Respect Politics In Racial Gerrymandering Remedies, Jeffrey L. Fisher

Michigan Law Review

Like it or not, the attack on "bizarrely" shaped majority-minority electoral districts is now firmly underway. Nearly four years have passed since the Supreme Court first announced in Shaw v. Reno that a state's redistricting plan that is "so extremely irregular on its face that it rationally can be viewed only as an effort to segregate the races for purposes of voting" may violate the Equal Protection Clause. Such a district, the Court held, reinforces racial stereotypes, carries us further from the goal of a political system in which race no longer matters, and "threatens to undermine our system of …


Cultivating A Seedling Charter: South Africa's Court Grows Its Constitution, Margaret A. Burnham Jan 1997

Cultivating A Seedling Charter: South Africa's Court Grows Its Constitution, Margaret A. Burnham

Michigan Journal of Race and Law

As South Africa emerges from the vestiges of apartheid, its Constitutional Court struggles to develop a jurisprudence that reflects the lasting ideals of a constitutional democracy. This Article examines the Court's use of international and foreign law in developing a unique form of constitutional jurisprudence. It argues that the Constitutional Court is in the process of developing an innovative form of decision-making that effectively combines domestically derived principles of justice with those developed in the international forum. This Article concludes that reliable methods of adjudication are firmly entrenched in the South African legal system and that its constitutional jurisprudence should …


Court Of Appeals Ballentine V. Koch (Decided October 22, 1996) Jan 1997

Court Of Appeals Ballentine V. Koch (Decided October 22, 1996)

Touro Law Review

No abstract provided.


Public Welfare, Supreme Court Monroe County, Brown V. Wing Jan 1997

Public Welfare, Supreme Court Monroe County, Brown V. Wing

Touro Law Review

No abstract provided.


Toward A South African Administrative Justice Act, Michael Asimow Jan 1997

Toward A South African Administrative Justice Act, Michael Asimow

Michigan Journal of Race and Law

Section 33 of South Africa's Constitution provides fundamental principles of administrative justice. It also requires Parliament to adopt an Administrative Justice Act. This Article contends that without enactment of such legislation Section 33 will be ineffective in practice and may prove to be an obstacle to achieving the economic and social objectives of the Constitution. In addition, such legislation is essential to preserving the legitimacy and the effectiveness of the Constitutional Court.


Things Judges Do: State Statutory Interpretation, Judith S. Kaye Jan 1997

Things Judges Do: State Statutory Interpretation, Judith S. Kaye

Touro Law Review

No abstract provided.


Gasperini In Line With Erie: New York Law Determines Excessiveness Of Verdict In Diversity Cases, Edie C. Grinblat Jan 1997

Gasperini In Line With Erie: New York Law Determines Excessiveness Of Verdict In Diversity Cases, Edie C. Grinblat

Touro Law Review

No abstract provided.


A Note To Our Readers Jan 1997

A Note To Our Readers

Touro Law Review

No abstract provided.


Race-Based Jury Nullification: Case-In-Chief, 30 J. Marshall L. Rev. 911 (1997), Paul D. Butler Jan 1997

Race-Based Jury Nullification: Case-In-Chief, 30 J. Marshall L. Rev. 911 (1997), Paul D. Butler

UIC Law Review

No abstract provided.


The Death Penalty And The Decline Of Liberalism, 30 J. Marshall L. Rev. 321 (1997), John R. Macarthur Jan 1997

The Death Penalty And The Decline Of Liberalism, 30 J. Marshall L. Rev. 321 (1997), John R. Macarthur

UIC Law Review

No abstract provided.


No More Excuses: Closing The Door On The Voluntary Intoxication Defense, 30 J. Marshall L. Rev. 535 (1997), Chad J. Layton Jan 1997

No More Excuses: Closing The Door On The Voluntary Intoxication Defense, 30 J. Marshall L. Rev. 535 (1997), Chad J. Layton

UIC Law Review

No abstract provided.


An Analysis Of People, For Michigan Republic, Ex Rel V. State Of Michigan, 30 J. Marshall L. Rev. 937 (1997), Phillip A. Hendges Jan 1997

An Analysis Of People, For Michigan Republic, Ex Rel V. State Of Michigan, 30 J. Marshall L. Rev. 937 (1997), Phillip A. Hendges

UIC Law Review

No abstract provided.


Brown V. State Of New York: Judge Simons Says New York State Can Be Held Liable For Money Damages, Eric J. Stockel Jan 1997

Brown V. State Of New York: Judge Simons Says New York State Can Be Held Liable For Money Damages, Eric J. Stockel

Touro Law Review

No abstract provided.


Ex Post Facto Laws: Supreme Court New York County People V. Griffin (Decided December 5, 1996 Jan 1997

Ex Post Facto Laws: Supreme Court New York County People V. Griffin (Decided December 5, 1996

Touro Law Review

No abstract provided.


Right To Counsel, Supreme Court, Appellate Division Second Department, People V. Taylor Jan 1997

Right To Counsel, Supreme Court, Appellate Division Second Department, People V. Taylor

Touro Law Review

No abstract provided.


Right To Trial By Jury, Court Of Appeals People V. Page Jan 1997

Right To Trial By Jury, Court Of Appeals People V. Page

Touro Law Review

No abstract provided.


Self-Incrimination, Court Of Appeals People V. Siegel Jan 1997

Self-Incrimination, Court Of Appeals People V. Siegel

Touro Law Review

No abstract provided.


Search And Seizure, Court Of Appeals, People V. Gonzalez Jan 1997

Search And Seizure, Court Of Appeals, People V. Gonzalez

Touro Law Review

No abstract provided.


Intruders At The Death House: Limiting Third-Party Intervention In Executive Clemency, 30 J. Marshall L. Rev. 567 (1997), Daryl M. Schumacher Jan 1997

Intruders At The Death House: Limiting Third-Party Intervention In Executive Clemency, 30 J. Marshall L. Rev. 567 (1997), Daryl M. Schumacher

UIC Law Review

No abstract provided.


"Doubts About Our Processes": Richard D. Simons And The Jurisprudence Of Restraint In State Constitutional Analysis, David E. Mccraw Jan 1997

"Doubts About Our Processes": Richard D. Simons And The Jurisprudence Of Restraint In State Constitutional Analysis, David E. Mccraw

Touro Law Review

No abstract provided.


Right To Trial By Jury, Court Of Appeals People V. Knowles Jan 1997

Right To Trial By Jury, Court Of Appeals People V. Knowles

Touro Law Review

No abstract provided.


It Was A Very Good Year - For The Government: The Supreme Court's Major Criminal Rulings Of The 1995-1996 Term, William E. Hellerstein Jan 1997

It Was A Very Good Year - For The Government: The Supreme Court's Major Criminal Rulings Of The 1995-1996 Term, William E. Hellerstein

Touro Law Review

No abstract provided.


Right To Trial By Jury, Supreme Court, Appellate Division Fourth Department People V. Perkins Jan 1997

Right To Trial By Jury, Supreme Court, Appellate Division Fourth Department People V. Perkins

Touro Law Review

No abstract provided.


Self-Incrimination, Supreme Court, Appellate Division Second Department People V. Hendricks Jan 1997

Self-Incrimination, Supreme Court, Appellate Division Second Department People V. Hendricks

Touro Law Review

No abstract provided.


Gift Or Loan Of State Money, Court Of Appeals Gagliardo V. Dinkins Jan 1997

Gift Or Loan Of State Money, Court Of Appeals Gagliardo V. Dinkins

Touro Law Review

No abstract provided.


The Charter Dialogue Between Courts And Legislatures (Or Perhaps The Charter Of Rights Isn't Such A Bad Thing After All), Peter W. Hogg, Allison A. Bushell Jan 1997

The Charter Dialogue Between Courts And Legislatures (Or Perhaps The Charter Of Rights Isn't Such A Bad Thing After All), Peter W. Hogg, Allison A. Bushell

Osgoode Hall Law Journal

This article responds to the argument that judicial review of legislation under the Canadian Charter of Rights and Freedoms is illegitimate because it is undemocratic. The authors show that Charter cases nearly always can be, and often are, followed by new legislation that still accomplishes the same objectives as the legislation that was struck down. The effect of the Charter is rarely to block a legislative objective, but rather to influence the design of implementing legislation. Charter cases cause a public debate in which Charter-protected rights have a more prominent role than they would have if there had been no …