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Articles 1 - 30 of 199
Full-Text Articles in Constitutional Law
The Mixed Roles Of The Guardian Ad Litem, Charles Baron
The Mixed Roles Of The Guardian Ad Litem, Charles Baron
Charles H. Baron
No abstract provided.
To Die Before The Gods Please: Legal Issues Surrounding Euthanasia And The Elderly, Charles Baron
To Die Before The Gods Please: Legal Issues Surrounding Euthanasia And The Elderly, Charles Baron
Charles H. Baron
No abstract provided.
"Property Rights" In Constitutional Analysis Today, James L. Oakes
"Property Rights" In Constitutional Analysis Today, James L. Oakes
Washington Law Review
The concept of "property rights" in Supreme Court constitutional analysis today is in flux. It has been and is undergoing change—a change more rapid than those of us who have concentrated our attention on other personal rights can imagine. That this process of change raises anew some fundamental issues of justice is not surprising; the institution of property has always done so. Perhaps the change is simply a swing of the pendulum, as the quote from Justice Frankfurter suggests: individual "property rights" assume greater importance as a state moves toward a laissez-faire economy or away from a regulated one; they …
Constitutional Law—Balancing Test In Durational Residence Equal Protection Analysis—Williams V. Zobel, 619 P.2d 448 (Alaska 1980), Prob. Juris. Noted, 101 S. Ct. 1344 (1981), E. Thaddeus Lewis
Washington Law Review
This note analyzes the Zobel II opinion and concludes that it was correctly decided both under the two-tier analysis employed by the United States Supreme Court and the balancing approach adopted by the Alaska court. Since this case is before the United States Supreme Court on appeal, this note urges the Court to adopt the Alaska balancing test for durational residence equal protection cases as a replacement for the traditional two-tier analysis.
"Property Rights" In Constitutional Analysis Today, James L. Oakes
"Property Rights" In Constitutional Analysis Today, James L. Oakes
Washington Law Review
The concept of "property rights" in Supreme Court constitutional analysis today is in flux. It has been and is undergoing change—a change more rapid than those of us who have concentrated our attention on other personal rights can imagine. That this process of change raises anew some fundamental issues of justice is not surprising; the institution of property has always done so. Perhaps the change is simply a swing of the pendulum, as the quote from Justice Frankfurter suggests: individual "property rights" assume greater importance as a state moves toward a laissez-faire economy or away from a regulated one; they …
Constitutional Law—Balancing Test In Durational Residence Equal Protection Analysis—Williams V. Zobel, 619 P.2d 448 (Alaska 1980), Prob. Juris. Noted, 101 S. Ct. 1344 (1981), E. Thaddeus Lewis
Washington Law Review
This note analyzes the Zobel II opinion and concludes that it was correctly decided both under the two-tier analysis employed by the United States Supreme Court and the balancing approach adopted by the Alaska court. Since this case is before the United States Supreme Court on appeal, this note urges the Court to adopt the Alaska balancing test for durational residence equal protection cases as a replacement for the traditional two-tier analysis.
Reasonable Assurance Of Actual Notice Required For In Personam Default Judgment In Utah: Graham V. Sawaya, Robert Charles Martin
Reasonable Assurance Of Actual Notice Required For In Personam Default Judgment In Utah: Graham V. Sawaya, Robert Charles Martin
BYU Law Review
No abstract provided.
Revocation Of Tax-Exempt Status Of Religious Schools-Conflict With The Religion Clauses Of The First Amendment: Bob Jones University V. United States, R. Clyde Parker Jr.
Revocation Of Tax-Exempt Status Of Religious Schools-Conflict With The Religion Clauses Of The First Amendment: Bob Jones University V. United States, R. Clyde Parker Jr.
BYU Law Review
No abstract provided.
The Federal Water Pollution Control Act's Self-Reporting Requirement And The Privilege Against Self-Incrimination: Civil Or Criminal Proceedings And Penalties? United States V. Ward, D. Gary Beck
BYU Law Review
No abstract provided.
Trust Doctrines In Church Controversies, Dalin H. Oaks
Trust Doctrines In Church Controversies, Dalin H. Oaks
BYU Law Review
No abstract provided.
Congressional Discretion Under The Property Clause, Eugene R. Gaetke
Congressional Discretion Under The Property Clause, Eugene R. Gaetke
Law Faculty Scholarly Articles
The property clause of article IV grants Congress the authority to regulate federal lands. In referring to that authority, the Supreme Court has observed that “the power over the public land thus entrusted to Congress is without limitations.”
The simplicity of the Court's statement is appealing. Its implications, however, are troubling, especially for those states in which a substantial amount of federal property exists. If the property clause power of Congress is "without limitations," the power of some states over a considerable portion of the land within their boundaries is severely limited. For those states, an unlimited property clause power …
Private Rights And Public Forums: Classifying Plaintiffs In Virginia Defamation Suits, John R. Pagan, Richard E. Walck
Private Rights And Public Forums: Classifying Plaintiffs In Virginia Defamation Suits, John R. Pagan, Richard E. Walck
Popular Media
No abstract provided.
Fourth Amendment Finality, John R. Pagan
The Constitutionality Of The Legislative Veto, Douglas B. Habig
The Constitutionality Of The Legislative Veto, Douglas B. Habig
William & Mary Law Review
No abstract provided.
Judicial Review Of Administrative Determination Of "Reason To Believe", Arthur J. Volkle
Judicial Review Of Administrative Determination Of "Reason To Believe", Arthur J. Volkle
William & Mary Law Review
No abstract provided.
Arizonia V. Maricopa County Medical Society, Lewis F. Powell Jr.
Arizonia V. Maricopa County Medical Society, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
United States V. Lee, Lewis F. Powell, Jr.
United States V. Lee, Lewis F. Powell, Jr.
Supreme Court Case Files
No abstract provided.
National Association For The Advancement Of Colored People V. Claiborne Hardware Company, Lewis F. Powell, Jr.
National Association For The Advancement Of Colored People V. Claiborne Hardware Company, Lewis F. Powell, Jr.
Supreme Court Case Files
No abstract provided.
Rogers V. Lodge, Lewis F. Powell Jr.
Mills V. Habluetzel, Lewis F. Powell Jr.
Mills V. Habluetzel, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Nixon V. Fitzgerald, Lewis F. Powell Jr.
Nixon V. Fitzgerald, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Plyler V. Doe, Lewis F. Powell Jr.
Widmar V. Vincent, Lewis F. Powell Jr.
United States V. Ross, Lewis F. Powell Jr.
United States V. Ross, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Washington V. Seattle School District No. 1, Lewis F. Powell Jr.
Washington V. Seattle School District No. 1, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Globe Newspaper Co. V. Superior Court For The County Of Norfolk, Lewis F. Powell Jr.
Globe Newspaper Co. V. Superior Court For The County Of Norfolk, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Valley Forge Christian College V. Americans United For Separation Of Church And State, Inc., Lewis Powell Jr.
Valley Forge Christian College V. Americans United For Separation Of Church And State, Inc., Lewis Powell Jr.
Supreme Court Case Files
No abstract provided.
Rose V. Lundy, Lewis Powell Jr.
Mills V. Rogers, Lewis Powell Jr.
Zipes V. Trans World Airlines, Inc., Lewis Powell Jr.
Zipes V. Trans World Airlines, Inc., Lewis Powell Jr.
Supreme Court Case Files
No abstract provided.