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Articles 1 - 30 of 33
Full-Text Articles in Constitutional Law
The Second Time As Tragedy: The Assisted Suicide Cases And The Heritage Of Roe V. Wade, Seth F. Kreimer
The Second Time As Tragedy: The Assisted Suicide Cases And The Heritage Of Roe V. Wade, Seth F. Kreimer
All Faculty Scholarship
No abstract provided.
Suspect Linkage: The Interplay Of State Taxing And Spending Measures In The Application Of Constitutional Antidiscrimination Rules, Dan T. Coenen, Walter Hellerstein
Suspect Linkage: The Interplay Of State Taxing And Spending Measures In The Application Of Constitutional Antidiscrimination Rules, Dan T. Coenen, Walter Hellerstein
Scholarly Works
This article examines an important and recurring question that courts frequently resolve, but rarely analyze: whether taxing and spending measures should be viewed together when a state imposes a nondiscriminatory tax but also affords relief to some taxpayers through government spending. The answer to this question will often determine whether the state's actions violate constitutional strictures against discriminatory taxation. The taxing measure and the spending measure will generally pass muster if viewed in isolation. After all, courts rarely invalidate nondiscriminatory taxing measures on constitutional grounds. And true government spending measures, if considered alone, plainly fall outside the reach of constitutional …
Do Isolated Wetlands Substantially Affect Interstate Commerce? , Elaine Bueschen
Do Isolated Wetlands Substantially Affect Interstate Commerce? , Elaine Bueschen
American University Law Review
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Textualism's Selective Canons Of Statutory Construction: Reinvigorating Individual Liberties, Legislative Authority, And Deference To Executive Agencies, Bradford Mank
Faculty Articles and Other Publications
This Article demonstrates that textualist Judges, most notably Justices Scalia, Thomas, and, to a lesser extent, Kennedy, have applied some canons too aggressively, and slighted others. Textualist Judges have overused clear-statement rules that narrow statutory meaning, especially as a means to promote federalism and states' rights. On the other hand, textualists have neglected canons that promote individual liberty or executive authority Because canons must be applied on a case-by-case basis and different canons can conflict, it is impossible to formulate one rule for how they should be applied. Nevertheless, the common textualist approach of selectively favoring some canons at the …
Cultivating A Seedling Charter: South Africa's Court Grows Its Constitution, Margaret A. Burnham
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 …
Relativism, Reflective Equilibrium, And Justice, Justin Schwartz
Relativism, Reflective Equilibrium, And Justice, Justin Schwartz
Justin Schwartz
THIS PAPER IS THE CO-WINNER OF THE FRED BERGER PRIZE IN PHILOSOPHY OF LAW FOR THE 1999 AMERICAN PHILOSOPHICAL ASSOCIATION FOR THE BEST PUBLISHED PAPER IN THE PREVIOUS TWO YEARS.
The conflict between liberal legal theory and critical legal studies (CLS) is often framed as a matter of whether there is a theory of justice that the law should embody which all rational people could or must accept. In a divided society, the CLS critique of this view is overwhelming: there is no such justice that can command universal assent. But the liberal critique of CLS, that it degenerates into …
Litter Or Literature: Does The First Amendment Protect Littering Of Neighborhoods?, Stephen Durden
Litter Or Literature: Does The First Amendment Protect Littering Of Neighborhoods?, Stephen Durden
Stephen Durden
Pamphlets can be as simple as a single piece of paper or as voluminous as a small newspaper placed in a plastic bag. Each method of distribution engenders its own particular problems. The purpose of this Article is to examine the legal implications of pamphlet distribution, particularly distribution on residential property. Are these pamphlets litter or literature? Or, might they be called “litter-ature”--a combination of both? The first part of this Article sets forth some of the problems associated with the distribution of pamphlets, especially on residential property. The second part examines the First Amendment speech implications of distributing literature …
A Real World Perspective On Choice Of Law, Robert A. Sedler
A Real World Perspective On Choice Of Law, Robert A. Sedler
Law Faculty Research Publications
No abstract provided.
An Analysis Of The Supreme Court's Reliance On Racial "Stigma" As A Constitutional Concept In Affirmative Action Cases, Andrew F. Halaby, Stephen R. Mcallister
An Analysis Of The Supreme Court's Reliance On Racial "Stigma" As A Constitutional Concept In Affirmative Action Cases, Andrew F. Halaby, Stephen R. Mcallister
Michigan Journal of Race and Law
The Article's focus is confined to discussions of race-based affirmative action; it does not consider stigmatization arguments in the context of discrimination involving gender or disabilities, for example. Further, the Article's scope is limited to the stigmatization issue as between Whites and African Americans. Although similar issues exist with respect to other ethnic or racial groups, we view the White/African American paradigm as providing the clearest framework for analysis. Moreover, the cases of Plessy v. Ferguson and Brown v. Board of Education, joint progenitors of stigmatization as a concept having constitutional significance in interpreting the Equal Protection Clause of …
Things Judges Do: State Statutory Interpretation, Judith S. Kaye
Things Judges Do: State Statutory Interpretation, Judith S. Kaye
Touro Law Review
No abstract provided.
Reflections On A Quarter-Century Of Constitutional Regulation Of Capital Punishment, 30 J. Marshall L. Rev. 399 (1997), Joseph Bessetre, Stephen Bright, George Kendall, William Kunkle, Carol Steiker, Jordan Steiker
Reflections On A Quarter-Century Of Constitutional Regulation Of Capital Punishment, 30 J. Marshall L. Rev. 399 (1997), Joseph Bessetre, Stephen Bright, George Kendall, William Kunkle, Carol Steiker, Jordan Steiker
UIC Law Review
No abstract provided.
Race-Based Jury Nullification: Rebuttal (Part A), 30 J. Marshall L. Rev. 923 (1997), Andrew D. Leipold
Race-Based Jury Nullification: Rebuttal (Part A), 30 J. Marshall L. Rev. 923 (1997), Andrew D. Leipold
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
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.
United States, Puerto Rico, And The Territorial Incorporation Doctrine: Reaching A Century Of Constitutional Authoritarianism, 31 J. Marshall L. Rev. 55 (1997), Gabriel A. Terrasa
United States, Puerto Rico, And The Territorial Incorporation Doctrine: Reaching A Century Of Constitutional Authoritarianism, 31 J. Marshall L. Rev. 55 (1997), Gabriel A. Terrasa
UIC Law Review
No abstract provided.
Feeling Violated: Seventh Circuit Puts The Squeeze On Fourth Amendment Rights Of Bus Travelers, 31 J. Marshall L. Rev. 245 (1997), Andrew J. Purcell
Feeling Violated: Seventh Circuit Puts The Squeeze On Fourth Amendment Rights Of Bus Travelers, 31 J. Marshall L. Rev. 245 (1997), Andrew J. Purcell
UIC Law Review
No abstract provided.
Fourth Amendment Accommodations: (Un)Compelling Public Needs, Balancing Acts, And The Fiction Of Consent, Guy-Uriel Charles
Fourth Amendment Accommodations: (Un)Compelling Public Needs, Balancing Acts, And The Fiction Of Consent, Guy-Uriel Charles
Faculty Scholarship
The problems of public housing-including crime, drugs, and gun violence- have received an enormous amount of national attention. Much attention has also focused on warrantless searches and consent searches as solutions to these problems. This Note addresses the constitutionality of these proposals and asserts that if the Supreme Court's current Fourth Amendment jurisprudence is taken to its logical extremes, warrantless searches in public housing can be found constitutional. The author argues, however, that such an interpretation fails to strike the proper balance between public need and privacy in the public housing context. The Note concludes by proposing alternative consent-based regimes …
Ex Post Facto Laws: Supreme Court New York County People V. Griffin (Decided December 5, 1996
Ex Post Facto Laws: Supreme Court New York County People V. Griffin (Decided December 5, 1996
Touro Law Review
No abstract provided.
Right To Trial By Jury, Court Of Appeals People V. Page
Right To Trial By Jury, Court Of Appeals People V. Page
Touro Law Review
No abstract provided.
Search And Seizure, Court Of Appeals, People V. Batista
Search And Seizure, Court Of Appeals, People V. Batista
Touro Law Review
No abstract provided.
Search And Seizure, Court Of Appeals, People V. Quackenbush
Search And Seizure, Court Of Appeals, People V. Quackenbush
Touro Law Review
No abstract provided.
Writing In The Margins: Brennan, Marshall, And The Inherent Weaknesses Of Liberal Judicial Decision-Making (Essay), Donna F. Coltharp
Writing In The Margins: Brennan, Marshall, And The Inherent Weaknesses Of Liberal Judicial Decision-Making (Essay), Donna F. Coltharp
Faculty Articles
No abstract provided.
The Empty Circles Of Liberal Justification, Pierre Schlag
The Empty Circles Of Liberal Justification, Pierre Schlag
Publications
No abstract provided.
Gacy V. Dahmer: An Informed Response, 30 J. Marshall L. Rev. 331 (1997), William J. Kunkle Jr.
Gacy V. Dahmer: An Informed Response, 30 J. Marshall L. Rev. 331 (1997), William J. Kunkle Jr.
UIC Law Review
No abstract provided.
Post-Verdict Interviews: The Key To Understanding The Decision Behind The Verdict, 30 J. Marshall L. Rev. 507 (1997), Christine J. Iversen
Post-Verdict Interviews: The Key To Understanding The Decision Behind The Verdict, 30 J. Marshall L. Rev. 507 (1997), Christine J. Iversen
UIC Law Review
No abstract provided.
This Is Who Will Die When Doctors Are Allowed To Kill Their Patients, 31 J. Marshall L. Rev. 95 (1997), Michael Mcgonnigal
This Is Who Will Die When Doctors Are Allowed To Kill Their Patients, 31 J. Marshall L. Rev. 95 (1997), Michael Mcgonnigal
UIC Law Review
No abstract provided.
From Black And White To High Definition Equal Protection, Seth F. Kreimer
From Black And White To High Definition Equal Protection, Seth F. Kreimer
All Faculty Scholarship
No abstract provided.
"Doubts About Our Processes": Richard D. Simons And The Jurisprudence Of Restraint In State Constitutional Analysis, David E. Mccraw
"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, Supreme Court, Appellate Division Fourth Department People V. Perkins
Right To Trial By Jury, Supreme Court, Appellate Division Fourth Department People V. Perkins
Touro Law Review
No abstract provided.
Taking Our Actual Constitution Seriously, Thomas D. Eisele
Taking Our Actual Constitution Seriously, Thomas D. Eisele
Faculty Articles and Other Publications
In this review, by concentrating on the general aim of Dworkin's book, I hope to contribute to the discussion this book is sure to generate. What does the "moral reading" of our Constitution amount to, and what alternative do we have to endorsing such a reading? I ask these questions from what I would call a jurisprudential
perspective. For, while I do teach Jurisprudence, I do not teach Constitutional Law, other than some constitutional law themes that find their way into my Property and Wills & Trusts courses. Accordingly, I am not well placed to review the details or
the …
Judicial Review As A Tool For The Safeguard Of Human Rights: Prospects And Problems Of The U.S. Model In Malawi, Janet Laura Banda
Judicial Review As A Tool For The Safeguard Of Human Rights: Prospects And Problems Of The U.S. Model In Malawi, Janet Laura Banda
LLM Theses and Essays
Judicial review is a judicial action that involves the review of an inferior legislative or executive act for conformity with a higher legal norm, with the possibility that the inferior norm may be invalidated or suspended if necessary. Although judicial review has been explicitly provided for in some written post-independence African constitutions, such review has not developed into a significant principle of African juridical democracy. This lack of development can be attributed to the emergence of dictatorships in the post-colonial era. However, Malawi’s weak judiciary system was remedied by the 1994 Constitution which gave the Malawian judiciary a central position, …