Digital Commons Network^™

Nafsu V. Chief Military Advocate, Meir Shamgar, Eliezer Goldberg, Moshe Bejski

Translated Opinions

The appellant, an IDF officer holding the rank of lieutenant, was convicted by a special military court of treason under Section 43(7) of the Military Jurisdiction Law, 1955, and of aggravated espionage under Section 113(b) of the Penal Code, 1977. These accusations referred to the conveying of information on the IDF to the enemy, namely, to a Lebanese resident whose name is specified in the charge sheet and proved in court, and who on the relevant date, that is in 1979, was a senior commander in the Al-Fatah organization. The appellant was further convicted on two charges relating to the …

The Implications Of Prison Privatization On The Conduct Of Prisoner Litigation Under 42 U.S.C. Section 1983, Susan L. Kay

Vanderbilt Law Review

Prisoners often seek redress in federal courts through causes of action brought under 42 U.S.C. Section 19831 for violations of their constitutional rights caused by the overall condition of their confinement or by one specific condition or incident. Although commentators disagree over the extent to which these cases burden federal district courts, they agree that prisoner litigation constitutes a large percentage of the civil rights litigation in district courts. One of the attractions of prison privatization for state and local governments is the belief that contracting prison management to private firms will relieve the government of the burden of defending …

When Honesty Is "Simply…Impractical" For The Supreme Court: How The Constitution Came To Require Busing For School Racial Balance, Lino A. Graglia

Michigan Law Review

A Review of Swann's Way: The School Busing Case and the Supreme Court by Bernard Schwartz

No State Shall Abridge: The Fourteenth Amendment And The Bill Of Rights, Mark A. Grannis

Michigan Law Review

A Review of No State Shall Abridge: The Fourteenth Amendment and the Bill of Rights by Michael Kent Curtis

Citrin V. Disciplinary Court Of The Bar Association In The District Of Tel Aviv, Meir Shamgar

Translated Opinions

Facts: The two consolidated appeals requested the cancellation of fines imposed upon reporters who refused to reveal their sources of information upon being subpoenaed to testify before the District Disciplinary Court of the Israeli Bar Association. The main issue was whether the two reporters had an obligation to answer questions regarding their sources, or whether they enjoyed a privilege allowing them to refuse.

Held: The Court noted that there is no Israeli statute explicitly granting immunity to reporters and that such an immunity is not included in the 5731/1971 Evidence Ordinance, which does acknowledge other privileges. After considering the development …

Constitutional Stumbling Blocks To Legislative Tort Reform, Kenneth Vinson

Florida State University Law Review

Recent attempts by state legislators to reform the tort system have frequently been struck down by the courts on constitutional grounds. In this light, the author reviews the hostile judicial reactions to tort reform from the turn-of-the-century challenges to workers' compensation schemes through present day reform efforts. In the discussion of modern day efforts, the author focuses on attempts by the Florida Legislature to deal with the insurance crisis and then examines the Florida Supreme Court's use of state constitutional provisions to block these efforts. The author concludes that the judiciary should allow the legislature and the voters a freer …

Constitutional Politics: Affirmative Action And Supreme Process, Albert Broderick

North Carolina Central Law Review

No abstract provided.

City Of Palm Bay V. Bauman, 475 So. 2d 1322 (5th Dca 1985), Wm. Andrew Hamilton

Florida State University Law Review

Constitutional Law-DRUG TESTING OF FLORIDA'S PUBLIC EMPLOYEES: WHEN MAY A PUBLIC EMPLOYER REQUIRE URINALYSIS?

The Second Death Of Substantive Due Process, Daniel O. Conkle

Indiana Law Journal

No abstract provided.

The American Constitution: A Double Life, Lawrence M. Friedman

University of Arkansas at Little Rock Law Review

No abstract provided.

Why The Reagan Administration Resists Radical Transformation Of The Constitution, Gary C. Leedes

University of Arkansas at Little Rock Law Review

No abstract provided.

Founding Father Knows Best: A Response To Tushnet, Peter Gabel

Buffalo Law Review

No abstract provided.

Observations On The Supreme Court's Recent Affirmative Action Cases, Julia C. Lamber

Indiana Law Journal

No abstract provided.

Iii. Constitutional Law

Washington and Lee Law Review

No abstract provided.

The President And Faithful Execution Of The Laws, Arthur S. Miller

Vanderbilt Law Review

The Constitution is explicit: The President "shall take care that the laws be faithfully executed." Lurking, however, within that seemingly unambiguous language are several constitutional problems-some resolved, some partially resolved, some the subject matter of continuing controversy. As the power of the Presidency has aggrandized since 1789, particularly during the past half century, the question of the meaning to be given to that phrase-and by whom-in different contexts has moved to the forefront of issues involving the separation of governmental powers. This Essay will use the label "separation of governmental powers," although it long has been known that the constitutional …

Commerce Clause Restraints On State Taxation: Purposeful Economic Protectionism And Beyond, Walter Hellerstein

Michigan Law Review

Few questions in recent years have spawned as much controversy and as little academic interest as the scope of commerce clause restraints on state tax power. The Supreme Court has handed down an extraordinary number of significant decisions addressed to the limitations the commerce clause imposes on state taxation. Yet these decisions have barely caught the eye of the nation's leading law reviews or constitutional scholars. Even those observers who have recognized the Court's renaissance of interest in the dormant commerce clause have largely confined their attention to state regulation, as distinguished from state taxation, of interstate commerce. If there …

A Critique Of The "Liberal" Political-Philosophical Project, Michael J. Perry

William & Mary Law Review

No abstract provided.

Expensive Speech, Neil Skene

Florida State University Law Review

SUING THE PRESS: LIBEL, THE MEDIA, AND POWER. By Rodney Smolla. New York: Oxford University Press. 1986. Pp. 277.

Power To The People? A Critique Of The Florida Supreme Court's Interpretation Of The Referendum Power In Florida Land Company V. City Of Winter Springs, 427 So. 2d 170 (Fla. 1983), Patricia Leary

Florida State University Law Review

No abstract provided.

Do The United States Sentencing Guidelines Deprive Defendants Of Due Process?, Bradford Mank

Faculty Articles and Other Publications

It is difficult to determine whether due process requires individualized sentencing because sentencing goals and practices have varied greatly during the course of this nation's history. A court applying Judge Bork's original intent doctrine of constitutional interpretation would probably reach a result different from that reached by a court employing a more liberal view of due process protections.1o It is likely that liberals and conservatives on the current Supreme Court would disagree on whether the Guidelines violate due process.

This article argues that the Guidelines can be saved and can satisfy due process requirements if the Supreme Court interprets the …

Colorado V. Connelly: The Gratuitous Union Of Voluntariness And State Coercion, 21 J. Marshall L. Rev. 199 (1987), James P. Byrne Jr.

UIC Law Review

No abstract provided.

Constitutional Law - Protective Orders Prohibiting Publication Of Information Obtained Through Discovery, Joseph A. Almeida

Villanova Law Review (1956 - )

No abstract provided.

Statutes Of Limitation And Section 1983: Implications For Illinois Civil Rights Law, 20 J. Marshall L. Rev. 415 (1987), Brian Kibble-Smith

UIC Law Review

No abstract provided.

Police Encouragement And The Fourth Amendment, 20 J. Marshall L. Rev. 661 (1987), Barry D. Green

UIC Law Review

No abstract provided.

The Illegality Of The Constitution, Richard Kay

Faculty Articles and Papers

No abstract provided.

Interception Of Communications In Exigent Circumstances: The Fourth Amendment, Federal Legislation, And The United States Department Of Justice, Clifford S. Fishman

Scholarly Articles

Part I briefly reviews basic Fourth Amendment case law regulating searches and seizures, summarizes the exigent circumstances doctrine, and discusses the applicability of that doctrine to electronic surveillance of communications. Part II outlines Title III's requirements for a "standard" (non-emergency, non-roving) interception order, including what the application and order must contain, and how such an order must be executed. Part III studies the emergency surveillance provision of Title III and reviews Justice Department policies and practices in implementing that provision. Part IV analyzes the new roving intercept provision, discusses its constitutionality, and looks at some practical problems that may arise …

Population Changes And Constitutional Amendments: Federalism Versus Democracy, Peter Suber

University of Michigan Journal of Law Reform

To amend the federal Constitution, we need the assent of two-thirds of each house of Congress and three-fourths of the states. This Article focuses on the three-fourths requirement for the states. This threshold is particularly high, and it suggests that constitutional amendment is very difficult. In fact, amendment is difficult in different degrees for different constituencies, depending not on their numbers but on where they live.

Casenotes: Statute Of Limitations — Medical Malpractice — Constitutional Law — Five Year Statute Of Repose On Medical Malpractice Claims That Commences When An Injury Occurs Is Constitutional. Hill V. Fitzgerald, 304 Md. 689, 501 A.2d 27 (1985), Nancy E. Leibowitz

University of Baltimore Law Review

No abstract provided.

The Uncertain Scope Of The Plain View Doctrine, Howard E. Wallin

University of Baltimore Law Review

In recent years the Supreme Court has expanded the plain view exception to the warrant requirement by relaxing the prior valid intrusion and the inadvertency requirements. This article examines the resulting confusion in the state courts and identifies areas where judicial clarification is needed.

Foreword: On Jaffa, Lincoln, Marshall, And Original Intent, Lewis E. Lehrman

Seattle University Law Review

This Foreword introduces the article to follow written by Harry V. Jaffa, scholar of Abraham Lincoln’s political philosophy. The Foreward provides background material necessary to contextualize the ongoing debate surrounding constitutional interpretation emphasizing original intent addressed in Jaffa's article.