Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

Constitutional Law

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 12691 - 12720 of 15679

Full-Text Articles in Entire DC Network

Kach V. Central Election Committee For The Twelfth Knesset, Meir Shamgar, Menachem Elon, Moshe Bejski, Dov Levin, Shlomo Levin Oct 1988

Kach V. Central Election Committee For The Twelfth Knesset, Meir Shamgar, Menachem Elon, Moshe Bejski, Dov Levin, Shlomo Levin

Translated Opinions

The Appeal revolved around the decision of the Central Election Committee for the Twelfth Knesset, under its authority according to section 63 of the Knesset Elections Act [Consolidated Version] 1969, that the “Kach” List be barred from participating in elections to the Knesset, under section 7A of Basic Law: The Knesset. The Appellant’s argue that section 7A, which was added to Basic Law: The Knesset is invalid for the following reasons: it is inconsistent with the principle of equality as established by section 4 of Basic Law: The Knesset; it is an extreme divergence from the principles of democracy and …


Preemption: Breathing New Life Into An Old Giant, Gary V. Weeks Oct 1988

Preemption: Breathing New Life Into An Old Giant, Gary V. Weeks

University of Arkansas at Little Rock Law Review

No abstract provided.


Constitutional Law (Kempo), Jutta Brunnée Oct 1988

Constitutional Law (Kempo), Jutta Brunnée

Dalhousie Law Journal

In 1976 Carl Heymanns Verlag published the first volume of a series on Japanese law. A recent addition to this collection covering areas as diverse as civil and criminal procedure, labor law, nuclear energy law, and international law, is Miyazawa Toshiyoshi's (1899-1976) book on constitutional law. With this German translation, Robert Heuser and Yamasaki Kazuaki provide their readers with the first systematical overview on Japanese constitutional law in a western language.


Changing The Constitutional Jurisdiction Of The Indiana Supreme Court: Letting A Court Of Last Resort Act Like One, Randall T. Shepard Oct 1988

Changing The Constitutional Jurisdiction Of The Indiana Supreme Court: Letting A Court Of Last Resort Act Like One, Randall T. Shepard

Indiana Law Journal

No abstract provided.


Approaching The Constitution, Don Herzog Oct 1988

Approaching The Constitution, Don Herzog

Reviews

These are sumptuously produced, oversized volumes: one pictures them, as I suspect some shrewd accountant at the press did, decorating the shelves of lawyers' offices. Their pages are crammed full of primary texts, two columns on each page, in an alarmingly small but somehow readable typeface. Some texts are bare snippets; others wind on luxuriantly for many pages. The editors have set a cutoff point: no text from after 1835 appears. Like much else about these volumes, that decision reflects a set of theoretical commitments about the Constitution that I want to question. Not that these volumes are explicitly cast …


Discrimination And Its Justification: Coping With Equality Rights Under The Charter, Richard Moon Oct 1988

Discrimination And Its Justification: Coping With Equality Rights Under The Charter, Richard Moon

Osgoode Hall Law Journal

The article examines and appraises conventional methods of interpreting the section 15 equality rights including a comparison of equality rights under the American Constitution. It determines that the most suitable interpretation is one which prohibits "constructive discrimination." Further, the analysis of section 15 finds a built-in limitation - the right against invidious discrimination - making recourse to section 1 unnecessary. But review of constructive discrimination and its justification is constrained by the adjudicative model and the state action doctrine. In the final analysis, the article challenges us to rethink our classic liberal conceptions of equality by looking less at invidious …


Reason, Passion, And “The Progress Of The Law”, William J. Brennan Jr. Oct 1988

Reason, Passion, And “The Progress Of The Law”, William J. Brennan Jr.

Cardozo Law Review

No abstract provided.


Law And Consciousness, Charles A. Reich Oct 1988

Law And Consciousness, Charles A. Reich

Cardozo Law Review

No abstract provided.


Justice Brennan: The Heart Has Its Reasons, Richard D. Cudahy Oct 1988

Justice Brennan: The Heart Has Its Reasons, Richard D. Cudahy

Cardozo Law Review

No abstract provided.


Procedural Default In Death Penalty Cases: Fundamental Miscarriage Of Justice And Actual Innocence,, Bruce Ledewitz Sep 1988

Procedural Default In Death Penalty Cases: Fundamental Miscarriage Of Justice And Actual Innocence,, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.”


The President's Powers As Commander-In-Chief Versus Congress' War Power And Appropriations Power, Charles Bennett, Arthur B. Culvahouse Jr., Geoffrey P. Miller, William Bradford Reynolds, William Van Alstyne Sep 1988

The President's Powers As Commander-In-Chief Versus Congress' War Power And Appropriations Power, Charles Bennett, Arthur B. Culvahouse Jr., Geoffrey P. Miller, William Bradford Reynolds, William Van Alstyne

University of Miami Law Review

No abstract provided.


The Congress: Friend Or Foe In Foreign Policy?, Richard Perle Sep 1988

The Congress: Friend Or Foe In Foreign Policy?, Richard Perle

University of Miami Law Review

No abstract provided.


The Treaty Power, Harold Hongju Koh, John Nowak, Grover Joseph Rees, Abraham D. Sofaer Sep 1988

The Treaty Power, Harold Hongju Koh, John Nowak, Grover Joseph Rees, Abraham D. Sofaer

University of Miami Law Review

No abstract provided.


Do We Have An Imperial Congress?, John Norton Moore Sep 1988

Do We Have An Imperial Congress?, John Norton Moore

University of Miami Law Review

No abstract provided.


The Virtues And Vices Of Democracy In Conducting Foreign Affairs, Godfrey Hodgson, Irving Kristol, Gordon Tullock Sep 1988

The Virtues And Vices Of Democracy In Conducting Foreign Affairs, Godfrey Hodgson, Irving Kristol, Gordon Tullock

University of Miami Law Review

No abstract provided.


Constitutional Fidelity And Foreign Affairs, Edwin Meese Iii Sep 1988

Constitutional Fidelity And Foreign Affairs, Edwin Meese Iii

University of Miami Law Review

No abstract provided.


The Adequate And Independent State Grounds Doctrine: Federalism, Uniformity, Equality And Individual Liberty, Donald L. Bell Jul 1988

The Adequate And Independent State Grounds Doctrine: Federalism, Uniformity, Equality And Individual Liberty, Donald L. Bell

Florida State University Law Review

No abstract provided.


Detention Without Trial In The Second World War: Comparing The British And American Experiences, A.W. Brian Simpson Jul 1988

Detention Without Trial In The Second World War: Comparing The British And American Experiences, A.W. Brian Simpson

Florida State University Law Review

National security has long been advanced as a justification for the abrogation of civil liberties. In this lecture, Professor Simpson examines through the analysis of particular cases how two nations dealt with these competing values in the interment without trial of their respective citizens during World War II. Condemning the secrecy and lack of accountability of the authorities responsible for protecting the nation, Simpson issues a call for vigilance and a warning that patterns and habits of respect for liberty will serve better than mere forms of procedure to effectively insure that liberties are not again abandoned to ill-founded claims …


Compensation For Regulatory Takings: Finality Of Local Decisionmaking And The Measure Of Compensation, David A. Arrensen Jul 1988

Compensation For Regulatory Takings: Finality Of Local Decisionmaking And The Measure Of Compensation, David A. Arrensen

Indiana Law Journal

No abstract provided.


Uniformity In Constitutional Interpretation And The Background Right To Effective Democratic Governance, Donald L. Beschle Jul 1988

Uniformity In Constitutional Interpretation And The Background Right To Effective Democratic Governance, Donald L. Beschle

Indiana Law Journal

No abstract provided.


Emotional Distress And The First Amendment: An Analysis Of Hustler V. Falwell, Rodney A. Smolla Jul 1988

Emotional Distress And The First Amendment: An Analysis Of Hustler V. Falwell, Rodney A. Smolla

Faculty Publications

No abstract provided.


Neutral Principles In The 1950'S, Gary Peller Jun 1988

Neutral Principles In The 1950'S, Gary Peller

University of Michigan Journal of Law Reform

In this Essay, I explore the intellectual setting within which Wechsler believed that defending freedom also required defending the legality of racial domination. I argue that the key to understanding this apparent paradox is to grasp the ideological/ cultural complex of the 1950's within which mainstream American intellectuals in law and in other disciplines came to terms with the disintegration of the traditional, "old order" paradigms of the late nineteenth and early twentieth centuries by means of an intense and overriding distinction between controversial issues of values and noncontroversial questions of framework and structure within which substantive conflict would take …


Territoriality And The Perils Of Formalism, Mark P. Gergen Jun 1988

Territoriality And The Perils Of Formalism, Mark P. Gergen

Michigan Law Review

Recently in this journal Donald Regan published a pair of essays on CTS Corp. v. Dynamics Corp. of America. Much of the first essay elaborates his theory that what the Supreme Court should be doing and what it is doing under the dormant commerce clause is checking state laws adopted with a substantial protectionist purpose. The rest of the first essay and all of the second essay develop a different check on state lawmaking power in interstate affairs: a rule that states may not regulate conduct beyond their borders. He calls this the extraterritoriality principle. Elsewhere I have questioned …


Shakdiel V. Minister Of Religious Affairs, Menachem Elon, Aharon Barak, Miriam Ben-Porat May 1988

Shakdiel V. Minister Of Religious Affairs, Menachem Elon, Aharon Barak, Miriam Ben-Porat

Translated Opinions

The Jewish Religious Services Law provides for the establishment of local religious councils throughout the country, charged with the duty to provide Jewish religious services and to allocate public funds in support of such religious services, as are needed in the area. By Law, the membership of such councils is to reflect the general public desire and need for the distribution of such religious services in the locality and the range of interest in such services. In determining the Council's make-up, attention must be given to the different groups represented in the Local or Municipal Council and to their respective …


The Prosecutor As "Minister Of Justice", Bennett L. Gershman May 1988

The Prosecutor As "Minister Of Justice", Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Times have changed. Today, prosecutors are on top of the world. Their powers are enormous, and constantly reinforced by sympathetic legislatures and courts. The "awful instruments of the criminal law," as Justice Frankfurter described the system,1 are today supplemented with broad new crimes, easier proof requirements, heavier sentencing laws, and an extremely cooperative judiciary, from district and state judges, to the highest Court in the land.


Capital Punishment And The American Agenda, John Pierce Stimson May 1988

Capital Punishment And The American Agenda, John Pierce Stimson

Michigan Law Review

A Review of Capital Punishment and the American Agenda by Franklin E. Zimring and Gordon Hawkins


Constitutional Policymaking In The Burger Years, Joel B. Grossman May 1988

Constitutional Policymaking In The Burger Years, Joel B. Grossman

Michigan Law Review

A Review of The Burger Years: Rights and Wrongs in the Supreme Court 1969-1986 by Herman Schwartz


The Shadow Of Natural Rights, Or A Guide From The Perplexed, Hadley Arkes May 1988

The Shadow Of Natural Rights, Or A Guide From The Perplexed, Hadley Arkes

Michigan Law Review

A Review of American Constitutional Interpretation by Walter Murphy, James Fleming and William Harris, II


The First Amendment And The Ideal Of Civic Courage: The Brandeis Opinion In Whitney V. California, Vincent Blasi May 1988

The First Amendment And The Ideal Of Civic Courage: The Brandeis Opinion In Whitney V. California, Vincent Blasi

William & Mary Law Review

No abstract provided.


Constitutional Opinions: Aspects Of The Bill Of Rights, Kenneth F. Sparks May 1988

Constitutional Opinions: Aspects Of The Bill Of Rights, Kenneth F. Sparks

Michigan Law Review

A Review of Constitutional Opinions: Aspects of the Bill of Rights by Leonard W. Levy