Digital Commons Network^™

Interest Analysis As Constitutional Law, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

The Testimonial Component Of The Right Against Self-Incrimination, Charles G. Geyh

Articles by Maurer Faculty

No abstract provided.

Legislative Self-Constraint: A Reply To Professor Kahn, William D. Popkin

Articles by Maurer Faculty

No abstract provided.

Statutes And Constitutions In An Age Of Common Law, Reed Dickerson

Articles by Maurer Faculty

No abstract provided.

Constitutional Law: Brown-Forman Distillers Corp. --Can Oklahoma's Liquor Price Affirmation Statute Pass Constitutional Muster?, Gregory F. Pilcher

Oklahoma Law Review

No abstract provided.

Adjudication Is Not Interpretation: Some Reservations About The Law-As-Literature Movement, Robin West

Georgetown Law Faculty Publications and Other Works

Among other achievements, the modern law-as-literature movement has prompted increasing numbers of legal scholars to embrace the claim that adjudication is interpretation, and more specifically, that constitutional adjudication is interpretation of the Constitution. That adjudication is interpretation -- that an adjudicative act is an interpretive act -- more than any other central commitment, unifies the otherwise diverse strands of the legal and constitutional theory of the late twentieth century.

In this article, I will argue in this article against both modern forms of interpretivism. The analogue of law to literature, on which much of modern interpretivism is based, although fruitful, …

Re Enumerated Constitutional Rights The Only Rights We Have? The Case Of Associational Freedom, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

Much of contemporary constitutional thought assumes that the only rights individuals have are either those that they are given by the legislature or those that are explicitly specified in the Constitution of the United States (or in a state constitution). Such a view of rights is based on the jurisprudential philosophy known as legal positivism, a view that has dominated academic discussions about legal rights for at least fifty years and that has begun to wane only in the last fifteen years.' In this Paper, I will try to explain how adherence to this legal positivism taints and distorts constitutional …

Two Firsts: A Comparative Study Of The American And The Polish Constitutions, Rett R. Ludwikowski

Scholarly Articles

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.

Federalism, Congress, The States And The Tenth Amendment: Adrift In The Cellophane Sea, William W. Van Alstyne

Faculty Publications

Like Gaul, this essay is divided into three parts. The first two parts are adapted from a public address delivered at the Association of the Bar of the City of New York, as part of its Bicentennial series, in 1987. The third part was added later, originally as an Addendum Note. The general subject was introduced by the moderator, Mr. Robert MacCrate, President of the Amerian Bar Association, who put the following question: "Where does the federalism of the Constitution stand today?" Professor Martha Field of the Harvard Law School presented a paper in first response. This paper then followed, …

Establishing A Deprivation Of A Constitutional Right To Personal Security Under Section 1983: The Use Of Unjustified Force By State Officials In Violation Of The Fourth, Eighth, And Fourteenth Amendments, Kathryn R. Urbonya

Faculty Publications

No abstract provided.

Stanley + Ferber = The Constitutional Crime Of At-Home Child Pornography Possession, Josephine R. Potuto

Kentucky Law Journal

No abstract provided.

The Removal Power And The Federal Deficit: Form, Substance, And Administrative Independence, Jonathan L. Entin

Kentucky Law Journal

No abstract provided.

The Establishment Clause: Religion And The First Amendment, Gerard V. Bradley

Journal Articles

The Establishment Clause: Religion and the First Amendment. By Leonard W. Levy. New York: Macmillan Publishing Company, 1986. 236 pp. $16.95.

With this book the author of seminal works on freedom of the press and the privilege against self-incrimination focuses his considerable talents upon perhaps the most nagging constitutional problem of all: church and state. Leonard Levy's sights are clearly fixed upon Ronald Reagan, William Rehnquist, and other "nonpreferentialists," whom he arraigns on charges of willfully distorting history to buttress their conservative political views on school prayer and aid to parochial schools.

A Comment On Democratic Constitutionalism, Robert F. Nagel

Publications

No abstract provided.

Teaching Tolerance, Robert F. Nagel

Publications

No abstract provided.

On The Constitutional Status Of The Administrative Agencies, Harold H. Bruff

Publications

No abstract provided.

American Indians And The Bicentennial, Richard B. Collins

Publications

No abstract provided.

The Good, The Bad, And The Press, Paul A. Lebel

Faculty Publications

No abstract provided.

Sidestepping The Principle Of Judicial Restraint: Use And Abuse Of Taboo In Constitutional Law, Louis Lusky

Cardozo Law Review

No abstract provided.

United States V. Johnson, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

California V. Cabazon Band Of Mission Indians, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United States V. Salerno, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Federal Elections Commission V. Massachusetts Citizens For Life, Inc., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Board Of Directors Of Rotary International V. Rotary Club Of Duarte, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Colorado V. Bertine, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Illinois V. Krull, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Arizona V. Hicks, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Griffin V. Wisconsin, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Nollan V. California Coastal Commission, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Bowen V. Gilliard, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.