Digital Commons Network^™

New York V. Sullivan: Shhh .... Don't Say The A Word - Another Outcome-Oriented Abortion Decision, 23 J. Marshall L. Rev. 753 (1990), Christopher C. Kendall

UIC Law Review

No abstract provided.

Back To Open Season On American Product Ingenuity: Bonito Boats, Inc. V. Thunder Craft, Inc., 24 J. Marshall L. Rev. 209 (1990), Alex Devience Jr.

UIC Law Review

No abstract provided.

Emergency In The Constitutional Law Of The United States, William B. Fisch

Faculty Publications

In the following report I shall concentrate on the law as pronounced by the United States Supreme Court, which has, within the sphere of judicial competence, the last say on the interpretation of the Constitution. The volume of significant litigation on the subject which stops below the Supreme Court has been relatively light, and the constitutional law declared by the lower courts has played a less significant role than is the case in many other issues. Indeed, as we shall see, the Supreme Court itself has had less to say on the topic than might be hoped for. I shall …

The Manipulation Of Consent: Congressional Limits On Early Election Calls And The United States Constitution, Richard A. Morgan

St. Thomas Law Review

This article will investigate the disruption created by the early election predictions. It will evaluate the usefulness and lawfulness of a federal enactment that would prevent the networks from disseminating exit polling data on Presidential elections prematurely. It will conclude that such restraints do not contravene the First Amendment, or other provisions of the Constitution of the United States.

Board Of Trustees V. City Of Baltimore: Public Pension Fund Divestment Of South African Securities Upheld, Garrett M. Smith

Maryland Law Review

No abstract provided.

Constitutionalizing The "Right To Die", Thomas Wm. Mayo

Maryland Law Review

No abstract provided.

Maryland's Child Abuse Testimony Statute: Is Protecting The Child Witness Constitutional?, Randall L. Hagen

Maryland Law Review

No abstract provided.

Addressing The Needs Of Attorneys For The Damned, Sean O'Brien

Faculty Works

This article is an introduction to the UMKC Law Review symposium issue dedicated to exploring the topic of capital punishment. UMKC Professor of Law Sean O’Brien shares how the growing importance of capital litigation makes this a timely and appropriate subject for consideration and shares how the university and the Law Review's attention to the death penalty debate contributes to more than just academic discussion.

A Kinder And Gentler Supreme Court, Arthur J. Goldberg

UC Law Constitutional Quarterly

No abstract provided.

Out Of Sight, Out Of Danger: Procedural Due Process And The Segregation Of Hiv-Positive Inmates, Lynn S. Branham

UC Law Constitutional Quarterly

No abstract provided.

The Supreme Court And Affirmative Action: Whose Classification Is Suspect, Donald E. Lively

UC Law Constitutional Quarterly

No abstract provided.

Does The Fifth Amendment Takings Clause Mandate Relief For Victims Of Diplomatic Immunity Abuse, Juliana J. Keaton

UC Law Constitutional Quarterly

No abstract provided.

For The Want Of A Nail...The War Was Lost: Separation Of Powers And United States Counter-Terrorism Policy During The Reagan Years, Peter Richman

UC Law Constitutional Quarterly

No abstract provided.

City Of Richmond V. J.A. Croson Co.: Charting A Course Through The Supreme Court's Affirmative Action Decisions, Tamar Fruchtman

UC Law Constitutional Quarterly

No abstract provided.

Florida V. Riley: The Descent Of Fourth Amendment Protections In Aerial Surveillance Cases, Jon Gavenman

UC Law Constitutional Quarterly

No abstract provided.

Michael H. V. Gerald D.: Due Process And Equal Protection Rights Of Unwed Fathers, Gail A. Secor

UC Law Constitutional Quarterly

No abstract provided.

Constitutional Law - Issues Involved In The Dismissal Of Police Officers Based On Refusal To Submit To Drug Urinalysis Testing, Mark T. Buchinsky

Villanova Law Review (1956 - )

No abstract provided.

Separation Of Powers, The Political Branches, And The Limits Of Judicial Review, Jonathan L. Entin

Faculty Publications

No abstract provided.

The Original Meaning Of The Ninth Amendment, Thomas B. Mcaffee

Scholarly Works

This Article presents the case for the residual rights reading of the ninth amendment as against the affirmative rights interpretation. The author evaluates the merits of these opposing views to determine whether the proponents of the new orthodoxy have really made the case for discarding the received reading. This analysis of the recent literature also raises questions about the way in which constitutional scholarship is conducted. The author concludes that the original meaning of the ninth amendment lends critical support to the project of originalist jurisprudence in the individual rights area and undercuts modem claims linking the ninth amendment to …

Constitutional Law - First Amendment - Federal Requirement That Cattle Producers Fund Statutorily Created Cattlemen's Board And Beef Promotion Operating Committee Does Not Violate Free Speech Or Associational Rights, Paul Snitzer

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Law - The Effect Of A Statutory Medical Malpractice Damage Cap On Seventh Amendment Right To A Jury Trial, Scott Lang

Villanova Law Review (1956 - )

No abstract provided.

Vindicating The Defendant's Constitutional Right To Testify At A Criminal Trial: The Need For An On-The-Record Waiver, 51 U. Pitt. L. Rev. 809 (1990), Timothy P. O'Neill

UIC Law Open Access Faculty Scholarship

No abstract provided.

Lockhart V. Nelson: Trial Error, Evidentiary Insufficiency, And Double Jeopardy, Scott E. Schul

West Virginia Law Review

No abstract provided.

More Than "Slightly Retro:" The Rehnquist Court's Rout Of Habeas Corpus Jurisdiction In Teague V. Lane, James S. Liebman

Faculty Scholarship

Someone I know, more a student of contemporary fashion than I, sometimes describes people dressed in uniformly dark clothing as "slightly retro." I am not sure of the allusion, but what I can discern leads me to think that the Supreme Court's nonretroactivity decisions beginning with Teague v. Lane are – puns aside – more than just "slightly retro."

The Court's innovation may be stated as follows: For 160 years, Congress empowered federal judges to order state officials to release or retry individuals held in custody in violation of federal law as those federal judges, and not the state officials, …

The Tolerant Society: A Response To Critics, Lee C. Bollinger

Faculty Scholarship

In writing The Tolerant Society I was, and yet remain, interested in the treatment of speech behavior in this country, a treatment notably more liberal than in other Western democracies. Liberality, however, is not its only surprising or distinguishing hallmark; so too is how the world is characterized under the free speech concept.

For some time, even after I began teaching in the first amendment area, the scope and nature of protection afforded speech seemed to me obviously right. But the more I thought about it, the more it seemed to me quite extraordinary. Existing free speech theory provided less …

Gideon V. Wainwright A Quarter-Century Later, Yale Kamisar

Articles

In a brief working paper sent to all conference participants, Professor Burt Neuborne suggested that we might consider several themes, among them "Gideon Celebrated," "Gideon Fulfilled," and "Gideon Betrayed." I think these are useful headings.

Review, Constitutional Brinkmanship: Amending The Constitution By National Convention, Richard Kay

Faculty Articles and Papers

Reviewing Constitutional Brinkmanship: Amending the Constitution by National Convention. By Russell L. Caplan., New York: Oxford University Press. 1988.

The Bork Nomination And The Definition Of "The Constitution", Richard Kay

Faculty Articles and Papers

No abstract provided.

Why Abortion Rights Are Not Justified By Reference To Gender Equality: A Response To Professor Tribe, 23 J. Marshall L. Rev. 621 (1990), David F. Smolin

UIC Law Review

No abstract provided.

Dancing In The Dark: The Eighth Circuit's Interpretation Of The Establishment Clause In Clayton By Clayton V. Place, Jeffrey A. Leon

Indiana Law Journal

No abstract provided.