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Articles 12901 - 12930 of 15677
Full-Text Articles in Entire DC Network
Professor Harry V. Jaffa Divides The House: A Respectful Protest And A Defense Brief, Robert L. Stone
Professor Harry V. Jaffa Divides The House: A Respectful Protest And A Defense Brief, Robert L. Stone
Seattle University Law Review
This Article replies to Professor’ Jaffa’s article, “What Were the ‘Original Intentions’ of the Framers of the Constitution of the United States?,” and book, The Crisis of the House Divided. The Article argues that Professor Jaffa’s method throughout his indictment of legal scholars has three flaws. First, the Article argues that Professor Jaffa takes statements of sensible political compromises-such as support for judicial restraint, British traditions, and local self-government-and treats them as if they were philosophical statements. Second, the author contends that Professor Jaffa assembles a composite indictment, which in law is appropriately applied only to an indictment against …
Washington's Partial Veto Power: Judicial Construction Of Article Iii, Section 12, Heidi A. Irvin
Washington's Partial Veto Power: Judicial Construction Of Article Iii, Section 12, Heidi A. Irvin
Seattle University Law Review
This Note recommends that the separate subject test employed by Washington courts in reviewing the constitutional validity of partial vetoes be abandoned like the affirmative-negative test before it. In the alternative, the Constitution should be amended to remove any perceived need for a subjective judicial test. As a last-choice solution to the problem of uncertainty and inefficiency in the legislative process, the legislature should use its override powers more extensively.
Constitutional Limitations On Tort Reform: Have The State Courts Placed Insurmountable Obstacles In The Path Of Legislative Responses To The Perceived Liability Insurance Crisis, Richard C. Turkington
Constitutional Limitations On Tort Reform: Have The State Courts Placed Insurmountable Obstacles In The Path Of Legislative Responses To The Perceived Liability Insurance Crisis, Richard C. Turkington
Villanova Law Review (1956 - )
No abstract provided.
United States V. Harvey: Are Criminal Defense Fees More Vulnerable Than Necessary?, Eric B. Easton
United States V. Harvey: Are Criminal Defense Fees More Vulnerable Than Necessary?, Eric B. Easton
Maryland Law Review
No abstract provided.
U.S. Supreme Court: The 1986-87 Term (Part I), Paul C. Giannelli
U.S. Supreme Court: The 1986-87 Term (Part I), Paul C. Giannelli
Faculty Publications
No abstract provided.
California's Prayer Healing Dilemma, Joanna A. Gekas
California's Prayer Healing Dilemma, Joanna A. Gekas
UC Law Constitutional Quarterly
No abstract provided.
The Deference Dilemma: Judicial Responses To The Great Legislative Power Giveaway, Leslie E. Gerwin
The Deference Dilemma: Judicial Responses To The Great Legislative Power Giveaway, Leslie E. Gerwin
UC Law Constitutional Quarterly
No abstract provided.
Criminal Rico Forfeitures And The Eighth Amendment: Rough Justice Is Not Enough, Vernon M. Winters
Criminal Rico Forfeitures And The Eighth Amendment: Rough Justice Is Not Enough, Vernon M. Winters
UC Law Constitutional Quarterly
No abstract provided.
The Contract Clause: A Return To The Original Understanding, Douglas W. Kmiec, John O. Mcginnis
The Contract Clause: A Return To The Original Understanding, Douglas W. Kmiec, John O. Mcginnis
UC Law Constitutional Quarterly
No abstract provided.
Language Minority Voting Rights And The English Language Amendment, Valerie A. Lexion
Language Minority Voting Rights And The English Language Amendment, Valerie A. Lexion
UC Law Constitutional Quarterly
No abstract provided.
The Safe Schools Provision: Can A Nebulous Constitutional Right Be A Vehicle For Change, Stuart Biegel
The Safe Schools Provision: Can A Nebulous Constitutional Right Be A Vehicle For Change, Stuart Biegel
UC Law Constitutional Quarterly
No abstract provided.
Barker V. Morris And The Right To Confrontation, William S. Pitman
Barker V. Morris And The Right To Confrontation, William S. Pitman
UC Law Constitutional Quarterly
No abstract provided.
Kuhlmeier V. Hazelwood School District: Application Of The Prior Restraint And Public Forum Doctrines To The Free Expression Rights Of High School Students, Bryce P. Goeking
Kuhlmeier V. Hazelwood School District: Application Of The Prior Restraint And Public Forum Doctrines To The Free Expression Rights Of High School Students, Bryce P. Goeking
UC Law Constitutional Quarterly
No abstract provided.
The Dissent Of Theology: A Legal Analysis Of The Curran Case, Michael Scott Feeley
The Dissent Of Theology: A Legal Analysis Of The Curran Case, Michael Scott Feeley
UC Law Constitutional Quarterly
No abstract provided.
Arcara V. Cloud Books, Inc.: Locking Out Prostituion, Ina L. Potter
Arcara V. Cloud Books, Inc.: Locking Out Prostituion, Ina L. Potter
UC Law Constitutional Quarterly
No abstract provided.
Bowers V. Hardwick: The Supreme Court Redefines Fundamental Rights Analysis, Jeffrey W. Soderberg
Bowers V. Hardwick: The Supreme Court Redefines Fundamental Rights Analysis, Jeffrey W. Soderberg
Villanova Law Review (1956 - )
No abstract provided.
Crain V. Bordenkircher: Prison Reform In The Eighties--An Impossible Dream, Deborah Jean Saladini
Crain V. Bordenkircher: Prison Reform In The Eighties--An Impossible Dream, Deborah Jean Saladini
West Virginia Law Review
No abstract provided.
Terrorism And The Constitution, Christopher L. Blakesley
Terrorism And The Constitution, Christopher L. Blakesley
Scholarly Works
How do terrorism and the Iran-Contra hearings relate to the Constitution? My thesis is that there is a tendency for the executive of this or any nation to eschew even constitutionally mandated avenues of problem solving considered to be cumbersome, inefficient, or inimical to the executive’s vision of the national interest in foreign affairs. There is also a tendency to consider one’s own conduct and the conduct of one’s allies and friends to be justified when it is directed at goals deemed by the executive branch to be good. Constitutional provisions based on the checks and balances and separation of …
The Model State Administrative Procedure Act: Planned Restraint On The Consolidation Of Power By Executive Branches Of State Governments, Anne K. Pecora
The Model State Administrative Procedure Act: Planned Restraint On The Consolidation Of Power By Executive Branches Of State Governments, Anne K. Pecora
Villanova Law Review (1956 - )
No abstract provided.
Constitutional Law - Congressional Abrogation Of The Eleventh Amendment - States Are Not Subject To Suits In Federal Court Brought By Private Parties Pursuant To The Comprehensive Environmental Response, Compensation And Liability Act, David M. Augustine
Villanova Law Review (1956 - )
No abstract provided.
The Fourth Amendment Today: A Bicentennial Appraisal, Wayne R. Lafave
The Fourth Amendment Today: A Bicentennial Appraisal, Wayne R. Lafave
Villanova Law Review (1956 - )
No abstract provided.
Constructing A Constitution: 'Orginal Intention' In The Slave Cases, James Boyd White
Constructing A Constitution: 'Orginal Intention' In The Slave Cases, James Boyd White
Other Publications
The question how our Constitution is to be interpreted is a living one for us today, both in the scholarly and in the political domains. Professors argue about "interpretivism" and "originalism" in law journals, they study hermeneutics and deconstruction to determine whether or not interpretation is possible at all, and if so on what premises, and they struggle to create theories that will tell us both what we do in fact and what we ought to do. Politicians and public figures (including Attorney General Edwin Meese) talk in the newspapers and elsewhere about the authority of the "original intention of …
The Tensions Of A Dual Court System And Some Prescriptions For Relief, Roger J. Miner '56
The Tensions Of A Dual Court System And Some Prescriptions For Relief, Roger J. Miner '56
Endowed/named Lectures and Keynote Addresses
No abstract provided.
Church-State Relations And Religious Convictions, Kent Greenawalt
Church-State Relations And Religious Convictions, Kent Greenawalt
Faculty Scholarship
Since the title of my talk is hardly self-explanatory, I want to begin by outlining my topic. My overall concern is with the proper place of religious convictions in lawmaking in our society. My special focus is on the place of religious convictions in the political resolution of churchstate issues.
Constitutional Decisions And The Supreme Law, Kent Greenawalt
Constitutional Decisions And The Supreme Law, Kent Greenawalt
Faculty Scholarship
What status do Supreme Court decisions have for officials in the political branches of our government? Six months ago, Attorney General Edwin Meese III rekindled controversy over this enduring and troublesome question when he claimed in a widely reported lecture that Supreme Court decisions interpreting the Constitution are not the supreme law of the land, and are properly subject to forms of opposition by other governmental officials. The general reaction to the speech was that it was meant to reduce the perceived authority of Supreme Court opinions, and a close reading of the speech certainly leaves this impression. Yet, even …
Scholarly Reflections On The Court And The Constitution, Michael Ashley Stein
Scholarly Reflections On The Court And The Constitution, Michael Ashley Stein
Faculty Publications
No abstract provided.
Constitutional Law: Dow Chemical Co. V. United States: Aerial Searches, Business Premises, And The Fourth Amendment, Wade R. Wright
Constitutional Law: Dow Chemical Co. V. United States: Aerial Searches, Business Premises, And The Fourth Amendment, Wade R. Wright
Oklahoma Law Review
No abstract provided.
Two Firsts: A Comparative Study Of The American And The Polish Constitutions, Rett R. Ludwikowski
Two Firsts: A Comparative Study Of The American And The Polish Constitutions, Rett R. Ludwikowski
Michigan Journal of International Law
This article is only an introductory study to further inquiry. It focuses on the first two constitutions in the world: the American Constitution of 1787 and the Polish Constitution of May 3, 1791. Furthermore, the emphasis of this essay will be disposed of in a different manner than in the above mentioned studies. The author's purpose is not to add another article to the numerous works already devoted to American Constitutional development; instead, the following remarks will emphasize Polish constitutional history, and treat the American constitutional experience as a background for comparison.
Long V. Egnor: Reexamining The Law Of Defamation In The Context Of Public Officials, Phillip B. Scott
Long V. Egnor: Reexamining The Law Of Defamation In The Context Of Public Officials, Phillip B. Scott
West Virginia Law Review
No abstract provided.
An Assault Upon "Takings" Doctrine: Finding New Answers In Old Theory, Calvin R. Massey
An Assault Upon "Takings" Doctrine: Finding New Answers In Old Theory, Calvin R. Massey
Indiana Law Journal
No abstract provided.