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Articles 12841 - 12870 of 15677
Full-Text Articles in Entire DC Network
The Ambiguities Of Pledging Faith, H. Jefferson Powell
The Ambiguities Of Pledging Faith, H. Jefferson Powell
William & Mary Law Review
No abstract provided.
Robert H. Bork's Civil Rights Record, Gary B. Born
Robert H. Bork's Civil Rights Record, Gary B. Born
Cardozo Law Review
No abstract provided.
Why The United States Senate Should Not Consent To The Nomination Of Judge Robert H. Bork To Be A Justice Of The Supreme Court, Philip B. Heymann, Fred Wertheimer
Why The United States Senate Should Not Consent To The Nomination Of Judge Robert H. Bork To Be A Justice Of The Supreme Court, Philip B. Heymann, Fred Wertheimer
Cardozo Law Review
No abstract provided.
The Compelling Case Against Robert H. Bork, Stephen Gillers
The Compelling Case Against Robert H. Bork, Stephen Gillers
Cardozo Law Review
No abstract provided.
The Bork Nomination, Ronald M. Dworkin
The New Federalism In West Virginia, Thomas B. Miller
The New Federalism In West Virginia, Thomas B. Miller
West Virginia Law Review
No abstract provided.
In Celebration Of Constitutional Kindness: Soft Symbolism In A Hard Shell, James Audley Mclaughlin
In Celebration Of Constitutional Kindness: Soft Symbolism In A Hard Shell, James Audley Mclaughlin
West Virginia Law Review
The bicentennial of any constitution is surely an invitation to much sententious rhetoric. But the bicentennial of THE Constitution, The American Constitution of 1787, is an occasion for oratorical pyrotechnics of the first magnitude. So I shall make my brief tribute to note the importance of the Constitution as symbol - symbol of our national resolve to be a good society. Constitutions, in general, have two distinct functions: (1) As the outward sign and symbol of a society's fundamental commitment to social values and (2) perhaps more mundanely, as the framework for a political order. Our Constitution of 1787 (or …
Suit Against The Sovereign: The Dubiety Of The Eleventh Amendment, Gerald Bobango
Suit Against The Sovereign: The Dubiety Of The Eleventh Amendment, Gerald Bobango
West Virginia Law Review
No abstract provided.
Trimming The Ivy: A Bicentennial Re-Examination Of The Establishment Clause, William C. Porth, Robert P. George
Trimming The Ivy: A Bicentennial Re-Examination Of The Establishment Clause, William C. Porth, Robert P. George
West Virginia Law Review
No abstract provided.
Federalism: The Founders' Design, Jeremy M. Miller
Federalism: The Founders' Design, Jeremy M. Miller
West Virginia Law Review
No abstract provided.
The Right Of Revolution: The Development Of The People's Right To Reform Government, Phillip B. Scott
The Right Of Revolution: The Development Of The People's Right To Reform Government, Phillip B. Scott
West Virginia Law Review
No abstract provided.
Book Review Of Religion, Law, And The Growth Of Constitutional Thought, 1150-1650, Charles Donahue Jr.
Book Review Of Religion, Law, And The Growth Of Constitutional Thought, 1150-1650, Charles Donahue Jr.
Journal of Legal Education
No abstract provided.
The Foundations Of The Right To Die, Peggy L. Collins
The Foundations Of The Right To Die, Peggy L. Collins
West Virginia Law Review
No abstract provided.
Dialectical Federalism: A Tribute To The West Virginia Supreme Court Of Appeals, Gene R. Nichol
Dialectical Federalism: A Tribute To The West Virginia Supreme Court Of Appeals, Gene R. Nichol
West Virginia Law Review
Over the course of the past decade, the West Virginia Supreme Court of Appeals has become something of a controversial institution. Allegedly seeking to "mold state government in its own image,"' the court has issued decisions restructuring the state property tax assessment and appraisal scheme, overseeing the funding of public education, invalidating a gubernatorial veto, expanding tort claims beyond the umbrella of workers compensation, and ordering emergency care for the homeless. As a result, the high court has, perhaps deservedly, "attained a reputation for dramatic intervention in public policy disputes.” As individual exercises of judicial authority, the court's determinations have …
Mandatory Drug Testing For Federal Employees And Private Employees In Government Regulated Industries: Is Drug Testing Without Probable Cause Unconstitutional?, Kevin C. Miller
Washington and Lee Law Review
No abstract provided.
Equal Protection Challenges To Legislative Abrogation Of The Collateral Source Rule
Equal Protection Challenges To Legislative Abrogation Of The Collateral Source Rule
Washington and Lee Law Review
No abstract provided.
Whatever Happened To The "Right To Know?": The Right Of Access To Government-Controlled Information Since Richmond Newspapers On Those Who Don't, Michael Hayes
All Faculty Scholarship
No abstract provided.
Disorder In The Court: The Death Penalty And The Constitution, Robert A. Burt
Disorder In The Court: The Death Penalty And The Constitution, Robert A. Burt
Michigan Law Review
This article has two purposes. Its first aim is to trace the significance of these shifting characterizations of American society in the Justices' successive approaches to the death penalty by retelling the story of the Court's capital punishment jurisprudence. Its second purpose is to suggest that belief in implacable social hostility destroys the coherence of the judicial role in constitutional adjudication. America may indeed be an irreconcilably polarized society; I cannot dispositively prove or disprove the proposition. I mean only to claim that in constitutional adjudication a judge is obliged to act as if this proposition were false; and, moreover, …
Aids Discrimination Under Federal, State, And Local Law After Arline, Robert P. Wasson, Jr.
Aids Discrimination Under Federal, State, And Local Law After Arline, Robert P. Wasson, Jr.
Florida State University Law Review
In School Board v. Arline, the United States Supreme Court determined that people who suffer from tuberculosis can be protected from employment discrimination by the Rehabilitation Act of 1973. Arline is certain to affect people afflicted with AIDS-related disorders who suffer discrimination. In this Article, Professor Wasson examines the Arline decision and the effect it will have on AIDS-related discrimination. Also, he examines provisions of the United States Constitution, acts of Congress, state law, and municipal ordinances, all of which might provide alternative measures of protection for those who suffer AIDS-related discrimination.
Rational Basis With Bite: Intermediate Scrutiny By Any Other Name, Gayle Lynn Pettinga
Rational Basis With Bite: Intermediate Scrutiny By Any Other Name, Gayle Lynn Pettinga
Indiana Law Journal
No abstract provided.
Cancer-Based Employment Discrimination: Whether The Proposed Amendment To Title Vii Will Provide An Effective Anti-Discrimination Remedy, Katherine J. Streicher
Cancer-Based Employment Discrimination: Whether The Proposed Amendment To Title Vii Will Provide An Effective Anti-Discrimination Remedy, Katherine J. Streicher
Indiana Law Journal
No abstract provided.
Commentary On Law: Wallowing In Intention, Gene R. Nichol
Commentary On Law: Wallowing In Intention, Gene R. Nichol
Faculty Publications
No abstract provided.
Means, Ends And Original Intent: A Response To Charles Cooper, Michael Wells
Means, Ends And Original Intent: A Response To Charles Cooper, Michael Wells
Scholarly Works
Charles Cooper believes that the ninth amendment should be read at once more broadly and more narrowly than it is today. In his view, the intent of the Framers was to cabin the power of the federal government. By taking note in the ninth amendment of rights other than those enumerated in the first eight, they sought to ensure that the national government would not exercise powers beyond those listed in the Constitution. Since the aim of the ninth amendment was to keep the federal government one of limited power, it is inappropriate to apply the amendment to the states, …
Taking Federalism Seriously, Mitchell E. Daniels Jr., Alex Dimitrief
Taking Federalism Seriously, Mitchell E. Daniels Jr., Alex Dimitrief
Articles & Chapters
No abstract provided.
Self-Interest And The Constitution, Richard A. Epstein
Self-Interest And The Constitution, Richard A. Epstein
Journal of Legal Education
No abstract provided.
Judges Or Scholars: To Whom Shall We Look For Our Constitutional Law?, Andrew L. Kaufman
Judges Or Scholars: To Whom Shall We Look For Our Constitutional Law?, Andrew L. Kaufman
Journal of Legal Education
No abstract provided.
A Response To Professor Robert E. Park's "Giving Meaning To The Constitution: Competing Visions Of Judicial Review", J. Clay Smith Jr.
A Response To Professor Robert E. Park's "Giving Meaning To The Constitution: Competing Visions Of Judicial Review", J. Clay Smith Jr.
Selected Speeches
No abstract provided.
Emerging Policy And Strategy Choices For Protection Of The Groundwater Resource, Richard H. Braun
Emerging Policy And Strategy Choices For Protection Of The Groundwater Resource, Richard H. Braun
Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)
22 pages.
Contains 2 pages of references.
A Conversation Between A Judge And His Friend Concerning Whether The Judge Should Sentence A Defendant To Death, Bruce Ledewitz
A Conversation Between A Judge And His Friend Concerning Whether The Judge Should Sentence A Defendant To Death, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
What Is “An Establishment Of Religion?", William W. Van Alstyne
What Is “An Establishment Of Religion?", William W. Van Alstyne
Faculty Publications
No abstract provided.