Digital Commons Network^™

The Impact Of Substantive Interests On The Law Of Federal Courts, Michael Wells

William & Mary Law Review

No abstract provided.

Shop Talk: Conversations About The Constitutionality Of Our Labor Law, David M. Beatty

Osgoode Hall Law Journal

In this essay Professor Beatty joins the debate as to how, if at all, the Charter of Rights and Freedoms and the process of judicial review can be integrated with our tradition of democratic rule and the sovereignty of the popular will. Rather than deal directly with the arguments of those who are critical of the entrenchment of a written bill of rights, Professor Beatty endeavors to cast the Charter and the new role of the judges in the best possible light. Analogizing the process of constitutional review to "conversations of justification" (using examples drawn from the labour law field), …

Ii. Constitutional Law & Civil Rights

Washington and Lee Law Review

No abstract provided.

Abstract Right And The Possibility Of A Nondistributive Conception Of Contract: Hegel And Contemporary Contract Theory, Peter Benson

Cardozo Law Review

No abstract provided.

Separation Of Powers: Asking A Different Question, Suzanna Sherry

William & Mary Law Review

No abstract provided.

The Separation Of Powers And The Rule Of Law: The Virtues Of "Seeing The Trees", Peter M. Shane

William & Mary Law Review

No abstract provided.

Separation Of Powers And The Limits Of Independence, Richard J. Pierce Jr.

William & Mary Law Review

No abstract provided.

An Essay In Separation Of Powers: Some Early Versions And Practices, Gerhard Casper

William & Mary Law Review

No abstract provided.

Separation Of Powers In The Early National Period, Maeva Marcus

William & Mary Law Review

No abstract provided.

Separation Of Powers, The Rule Of Law And The Idea Of Independence, Paul R. Verkuil

William & Mary Law Review

No abstract provided.

Realism In Separation Of Powers Thinking, Paul Gewirtz

William & Mary Law Review

No abstract provided.

A Comment On The Rule Of Law Model Of Separation Of Powers, Robert F. Nagel

William & Mary Law Review

No abstract provided.

Now Is The Time For All Good Men, Lloyd N. Cutler

William & Mary Law Review

No abstract provided.

The Question Is Clear, And Party Government Is The Answer, James L. Sundquist

William & Mary Law Review

No abstract provided.

The Committee On The Constitutional System Proposals: Coherence And Dominance, Philip C. Bobbitt

William & Mary Law Review

No abstract provided.

Section 1983 And The Due Process Clause: Crossing The Constitutional Line, Linda G. Gay

Cardozo Law Review

No abstract provided.

Judge Richard Posner's Wealth Maximization Principle: Another Form Of Utilitarianism?, Robin F. Grant

Cardozo Law Review

No abstract provided.

Schnitzer V. Chief Military Censor, Aharon Barak, Yaakov Malz, Shulamit Wallenstein

Translated Opinions

The Petitioners sought to publish a newspaper article that was critical of the outgoing head of the Mossad, the Agency for Intelligence and Special Duties, on the occasion of the forthcoming appointment of a new Mossad head. The article did not mention his name or otherwise identify him. After several versions of the article were submitted for approval to the first Respondent, the Chief Military Censor, and after the Petitioners agreed not to publish certain parts of the article, the Censor forbade the publication of two matters: criticism of the head of the Mossad's effectiveness, on the ground that such …

Shnitzer V. Chief Military Censor, Aharon Barak, Yaakov Melitz, Shulamit Wallenstein

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.] 

This petition concerns the decision by the First Respondent to prohibit, under its authority according to Regulation 87(1) of the Defense Regulations (State of Emergency) 1945, the publication of a newspaper article criticizing the functioning of the Director of the Institute for Intelligence and Special Operations (the “Mossad”,) while noting the upcoming change in Mossad directors. After submitting to the First Respondent different versions …

Bowen V. Kendrick: Retreat From Prophylaxis In Church-State Relationships, Alexandra Petrich

UC Law Constitutional Quarterly

No abstract provided.

Bernie V. State, 524 So. 2d 988 (Fla. 1988), Douglas Underwood

Florida State University Law Review

Criminal Law/Constitutional Law - THE EXCLUSIONARY RULE DILEMMA IN FLORIDA

Kadrmas V. Dickinson Public Schools: A Search For A Constistent Equal Protection Standard In Education, Michele Benson

UC Law Constitutional Quarterly

No abstract provided.

The Administrative Search From Dewey To Burger: Dismantling The Fourth Amendment, Lynn S. Searle

UC Law Constitutional Quarterly

No abstract provided.

Beyond Parity: Section 1983 And The State Courts, Susan Herman

Faculty Scholarship

No abstract provided.

The Senator And The Constitution: An Interview With Orrin G. Hatch, Ronald K. L. Collins, David M. Skover

UC Law Constitutional Quarterly

No abstract provided.

The Jurisprudence Of Prevention: The Right Of Societal Self-Defense Against Dangerous Individuals, Edward P. Richards

UC Law Constitutional Quarterly

No abstract provided.

Constitutional Law - Prisoners' Rights - Recognition That Involuntary Exposure To Environmental Tobacco Smoke May Constitute Cruel And Unusual Punishment - Avery V. Powell, Robin Terry

Campbell Law Review

This Note will analyze how the ,em>Avery Court reached its conclusion. In addition, this Note will examine Avery's reliance on the Rhodes v. Chapman standard. The main thrust of this Note will be to demonstrate the widespread recognition of the harmful effects of ETS and how the Avery Court used that recognition to acknowledge plaintiff's cause of action.

Condemnation, Credit, And Corporations In Washington: 100 Years Of Judicial Decisions—Have The Framers' Views Been Followed?, Justice James M. Dolliver

Seattle University Law Review

As part of the commemoration of Washington's centennial, this Article will examine three parts of the Washington Constitution written and adopted in 1889: article I, section 16,2 the taking clause; article VIII, section 7,3 the municipal credit clause; and article XII, sections 1-22,4 the Corporations Article. This Article will attempt to identify and explain the fundamental premises behind each of the three parts by considering the constitutional text, the specific intent of the framers where discoverable, the climate of the times in the territory and nation in 1889, and the judicial gloss from early case law. Additionally, given these considerations, …

Science, Freedom Of Conscience And The Establishment Clause, Kyron Huigens

Seattle University Law Review

The Constitution presupposes no Supreme Being, institutes no particular truth and contemplates a legal order that is similarly open. The establishment clause maintains constitutional democracy on those terms by invalidating any encroachment on freedom of conscience which religion wielding the power of the state can devise. This Article is an extended defense of that strong conception of the establishment clause. It is in part a reply to those, like Louisell, who have argued that strict construction theories of the clause "establish" something called "The Religion of Secular Humanism." It is in part an attack on the idea that the establishment …

Arizona V. Roberson: The Supreme Court Expands Suspects' Rights In The Custodial Interrogation Setting, 22 J. Marshall L. Rev. 685 (1989), Thomas N. Radek

UIC Law Review

No abstract provided.