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Articles 12601 - 12630 of 15679
Full-Text Articles in Entire DC Network
Diminishing Expectations Of Privacy In The Rehnquist Court, 22 J. Marshall L. Rev. 825 (1989), Laurence A. Benner
Diminishing Expectations Of Privacy In The Rehnquist Court, 22 J. Marshall L. Rev. 825 (1989), Laurence A. Benner
UIC Law Review
No abstract provided.
Search And Seizure: It's Time The Court Shed Some Light On The Use Of Ultraviolet Lamps, 22 J. Marshall L. Rev. 877 (1989), M. Jeffrey Tucker
Search And Seizure: It's Time The Court Shed Some Light On The Use Of Ultraviolet Lamps, 22 J. Marshall L. Rev. 877 (1989), M. Jeffrey Tucker
UIC Law Review
No abstract provided.
California V. Greenwood: A Trashing Of The Fourth Amendment, Richard H. Taylor
California V. Greenwood: A Trashing Of The Fourth Amendment, Richard H. Taylor
West Virginia Law Review
No abstract provided.
Patents On People And The U.S. Constitution: Creating Slaves Or Enslaving Science, Kevin D. Debre
Patents On People And The U.S. Constitution: Creating Slaves Or Enslaving Science, Kevin D. Debre
UC Law Constitutional Quarterly
No abstract provided.
History And Executive Removal Power: Morrison V. Olson And Separation Of Powers, John L. Gedid
History And Executive Removal Power: Morrison V. Olson And Separation Of Powers, John L. Gedid
Campbell Law Review
Why have there been such wide divergences in the cases involving executive power to remove? This Article attempts a partial answer to that puzzle.
An Historical Analysis Of Alien Land Law: Washington Territory And State 1853-1889, Mark L. Lazarus Iii
An Historical Analysis Of Alien Land Law: Washington Territory And State 1853-1889, Mark L. Lazarus Iii
Seattle University Law Review
The purpose of this Article is to analyze the historical development of Washington's alien land law from the birth of the territory in 1853 to the drafting of the state constitution in 1889. Because alien land law necessarily involves relationships among people, this Article focuses not only on historical legal sources such as statutes, constitutional material, and judicial opinions, but also on the underlying social forces that compelled change in the law. This Article consists of three sections, the first of which is a brief discussion of the common-law roots of alien land disability in feudal England and its subsequent …
The Imperial Judiciary: Occupational Hazards Of A Constitutional Society, Donald E. Lively
The Imperial Judiciary: Occupational Hazards Of A Constitutional Society, Donald E. Lively
Villanova Law Review (1956 - )
No abstract provided.
Forbidden Fruit: Governmental Aid To Nonpublic Education And The Primary Effect Test Under The Establishment Clause, John E. Mckeever
Forbidden Fruit: Governmental Aid To Nonpublic Education And The Primary Effect Test Under The Establishment Clause, John E. Mckeever
Villanova Law Review (1956 - )
No abstract provided.
State V. Davis: A Proportionality Challenge To Maryland's Recidivist Statute, Karen D. Bayley
State V. Davis: A Proportionality Challenge To Maryland's Recidivist Statute, Karen D. Bayley
Maryland Law Review
No abstract provided.
Capital Post-Conviction Petitioners' Right To Counsel: Integrating Access To Court Doctrine And Due Process Principles, Michael Millemann
Capital Post-Conviction Petitioners' Right To Counsel: Integrating Access To Court Doctrine And Due Process Principles, Michael Millemann
Maryland Law Review
No abstract provided.
The Movement To Assimilate The American Indians: Jurisprudential Study, John W. Ragsdale Jr
The Movement To Assimilate The American Indians: Jurisprudential Study, John W. Ragsdale Jr
Faculty Works
In 1934, the United States made a revolutionary shift in Indian policy. Laws were passed that ended most assimilation measures and began, instead, a preservation and promotion of tribalism. Why did this happen? What changes in American thought, politics and economy could precipitate such a reversal? Felix Cohen, a former special assistant to the Attorney General, and known as the "Blackstone of American Indian Law," noted: "Like the miner's canary, the Indian marks the shifts from fresh air to poison gas in our political atmosphere; and our treatment of Indians, even more than our treatment of other minorities, reflects the …
Toward An Eclectic Approach To Separation Of Powers: Morrison V. Olson Examined, Keith Werhan
Toward An Eclectic Approach To Separation Of Powers: Morrison V. Olson Examined, Keith Werhan
UC Law Constitutional Quarterly
No abstract provided.
More Than Shreds And Patches: California's First Bill Of Rights, Christian G. Fritz
More Than Shreds And Patches: California's First Bill Of Rights, Christian G. Fritz
UC Law Constitutional Quarterly
No abstract provided.
New Frontiers: Individual Rights Under The California Constitution, Margaret C. Crosby
New Frontiers: Individual Rights Under The California Constitution, Margaret C. Crosby
UC Law Constitutional Quarterly
No abstract provided.
Should California's Constitutional Guarantees Of Individual Rights Apply Against Private Actors, Jennifer Friesen
Should California's Constitutional Guarantees Of Individual Rights Apply Against Private Actors, Jennifer Friesen
UC Law Constitutional Quarterly
No abstract provided.
Is Abandoning State Action Asking Too Much Of The Constitution, Scott E. Sundby
Is Abandoning State Action Asking Too Much Of The Constitution, Scott E. Sundby
UC Law Constitutional Quarterly
No abstract provided.
Checking California's Plebiscite, Julian N. Eule
Checking California's Plebiscite, Julian N. Eule
UC Law Constitutional Quarterly
No abstract provided.
The Unconstitutionality Of Medical Malpractice Statutes Of Repose: Judicial Conscience Versus Legislative Will, Christopher J. Trombetta
The Unconstitutionality Of Medical Malpractice Statutes Of Repose: Judicial Conscience Versus Legislative Will, Christopher J. Trombetta
Villanova Law Review (1956 - )
No abstract provided.
Double Jeopardy And Government Appeals Of Acquittals, Department Of Justice Office Of Legal Policy
Double Jeopardy And Government Appeals Of Acquittals, Department Of Justice Office Of Legal Policy
University of Michigan Journal of Law Reform
As part of a continuing series of papers on impediments to the search for truth in criminal investigation and adjudication, the Office of Legal Policy has carried out a review of the law governing double jeopardy prohibitions on federal government appeals of criminal acquittals. These prohibitions undermine the search for truth in criminal adjudication by allowing some wrongly acquitted, culpable individuals to go unpunished. The results of our review are set out in this Report.
In The Beginning: The Washington Supreme Court A Century Ago, Charles H. Sheldon, Michael Stohr-Gillmore
In The Beginning: The Washington Supreme Court A Century Ago, Charles H. Sheldon, Michael Stohr-Gillmore
Seattle University Law Review
This Article will discuss (1) the politics that influenced the drafting of the judicial article (article IV) in the constitutional convention; (2) the election of the first five members of the bench and the backgrounds of those inaugural judges; (3) the particular approach toward judicial review adopted by these five jurists (activism-restraint); and (4) the personal relations among these members of the supreme court. This Article will provide a personal perspective of the first five judges and their court.
Washington's Diminished Capacity Defense Under Attack, John Q. La Fond, Kimberly A. Gaddis
Washington's Diminished Capacity Defense Under Attack, John Q. La Fond, Kimberly A. Gaddis
Seattle University Law Review
This article will discuss the historical development of the diminished capacity defense and analyze its current conceptual structure and use in Washington. It will then analyze the most recently proposed bill attacking the diminished capacity defense in this state, Substitute House Bill No. 1179. Should this legislation (or some variation thereof) be enacted in future sessions, the Washington Supreme Court will undoubtedly be forced to review powerful constitutional challenges to the validity of convictions obtained under the new law. At the very least, the court will have to determine whether the diminished capacity defense is constitutionally required. The court will …
The Future And The First Amendment, Lee C. Bollinger
The Future And The First Amendment, Lee C. Bollinger
Faculty Scholarship
It is my honor and pleasure to deliver this year's Sullivan Lecture. I have an especially warm feeling toward this Law School. Two years ago, at the invitation of your Professor Distelhorst, I participated in the Capital Law School program for teaching American law to Japanese lawyers. For five stimulating weeks I enjoyed the intellectual and social company· of Japanese attorneys, while teaching them the outlines of American constitutional law. Twice a week, in the evening, for three continuous hours, and after a full work day, these dedicated lawyers would willingly become students again and suffer patiently through my highly …
Constitutional Law: Guinn V. Collinsville Church Of Christ: Balancing An Individual's Right To Tort Compensation And The First Amendment's Religion Clauses, David K. Ratcliff
Constitutional Law: Guinn V. Collinsville Church Of Christ: Balancing An Individual's Right To Tort Compensation And The First Amendment's Religion Clauses, David K. Ratcliff
Oklahoma Law Review
No abstract provided.
Constitutional Law: Oklahoma Mortgage Foreclosure Moratoriums...Past, Present, And Future?, Kenneth R. Davis
Constitutional Law: Oklahoma Mortgage Foreclosure Moratoriums...Past, Present, And Future?, Kenneth R. Davis
Oklahoma Law Review
No abstract provided.
Duckworth V. Eagan: A Little-Noticed Miranda Case That May Cause Much Mischief, Yale Kamisar
Duckworth V. Eagan: A Little-Noticed Miranda Case That May Cause Much Mischief, Yale Kamisar
Articles
Professor Yale Kamisar, the country's foremost scholar of Miranda and police interrogation, presents an analysis and critique of the Supreme Court's latest interpretation of Miranda. In Duckworth, a 5-4 Court upheld the "if and when" language systematically used by the Hammond, Indiana, Police Department: "We have no way of giving you a lawyer, but one will be appointed for you, if you wish, if and when you go to court." The real issue was whether the police effectively conveyed the substance of a vital part of Miranda: the right to have a lawyer appointed prior to any questioning. Professor Kamisar …
The Validity Of Washington's Antitakeover Act Under The Commerce And Supremacy Clauses, Maureen B. Callahan, David J. Burman
The Validity Of Washington's Antitakeover Act Under The Commerce And Supremacy Clauses, Maureen B. Callahan, David J. Burman
Seattle University Law Review
This Article addresses the constitutionality of the Washington Act under the Commerce and Supremacy Clauses of the United States Constitution, and concludes that despite its extension to a limited group of foreign corporations, the Act is indeed constitutional under both clauses.
State V. Buckner And The Right To Keep And Bear Arms In West Virginia, Michael O. Callaghan
State V. Buckner And The Right To Keep And Bear Arms In West Virginia, Michael O. Callaghan
West Virginia Law Review
No abstract provided.
Original Intentions, Standard Meanings And The Legal Character Of The Constitution, Richard Kay
Original Intentions, Standard Meanings And The Legal Character Of The Constitution, Richard Kay
Faculty Articles and Papers
No abstract provided.
Police Trespass And The Fourth Amendment: A Wall In Need Of Mending, 22 J. Marshall L. Rev. 795 (1989), Clifford S. Fishman
Police Trespass And The Fourth Amendment: A Wall In Need Of Mending, 22 J. Marshall L. Rev. 795 (1989), Clifford S. Fishman
UIC Law Review
No abstract provided.
Constitutional Law—Religious Freedom—Forced Disclosure Of Church Records Pursuant To State Non-Profit Corporation Statute Prohibited. Gipson V. Brown, 288 Ark. 422, 706 S.W.2d 369 (1986); Gipson V. Brown, 295 Ark. 371, 749 S.W.2d 297 (1988); Gipson V. Munson, 296 Ark. 160, 752 S.W.2d 752 (1988)., Tonia Peoples Jones
University of Arkansas at Little Rock Law Review
No abstract provided.