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Constitutional Law

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United States V. Paradise, Lewis F. Powell Jr. Oct 1986

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

Supreme Court Case Files

No abstract provided.


On A Just Measure Of The Efficiency Of Law And Governmental Policies, John L. Hanks Oct 1986

On A Just Measure Of The Efficiency Of Law And Governmental Policies, John L. Hanks

Cardozo Law Review

No abstract provided.


Public Rights And The Federal Judicial Power: From Murray's Lessee Through Crowell To Schor, Gordon G. Young Oct 1986

Public Rights And The Federal Judicial Power: From Murray's Lessee Through Crowell To Schor, Gordon G. Young

Buffalo Law Review

No abstract provided.


Federal Courts, Federal Crimes And Federalism, Roger J. Miner '56 Sep 1986

Federal Courts, Federal Crimes And Federalism, Roger J. Miner '56

Federalism

No abstract provided.


Constraints Of Power: The Constitutional Opinions Of Judges Scalia, Bork, Posner, Easterbrook And Winter, James G. Wilson Sep 1986

Constraints Of Power: The Constitutional Opinions Of Judges Scalia, Bork, Posner, Easterbrook And Winter, James G. Wilson

University of Miami Law Review

No abstract provided.


The Reconstruction Amendments' Debates. Edited By Alfred Avins, Robert M. Ireland Sep 1986

The Reconstruction Amendments' Debates. Edited By Alfred Avins, Robert M. Ireland

Washington and Lee Law Review

No abstract provided.


The Constitutionality Of Sobriety Checkpoints Sep 1986

The Constitutionality Of Sobriety Checkpoints

Washington and Lee Law Review

No abstract provided.


The Idea Of The "Private": A Discussion Of Stateaction Doctrine And Separate Sphere Ideology, Hester Lessard Sep 1986

The Idea Of The "Private": A Discussion Of Stateaction Doctrine And Separate Sphere Ideology, Hester Lessard

Dalhousie Law Journal

This essay is a discussion of the formalization in law of a dichotomy between a natural, private order on the one hand, and a public sphere of state action and citizenship on the other. The discussion takes place in the context of equality rights and of the philosophical tensions that underlie the delineation of rights in general. Two legal phenomena are examined: state action doctrine as it has developed in American equal protection jurisprudence under the Fourteenth Amendment and separate sphere ideology as a rationalization for sexual discrimination. Under each doctrine, judicial denial of relief is predicated on a pre-ordained …


Sexual Orientation As A Human Rights Issue Incanada 1969-1985, Philip Girard Sep 1986

Sexual Orientation As A Human Rights Issue Incanada 1969-1985, Philip Girard

Dalhousie Law Journal

Equality is a protean concept. Even if one has taken a position on the equality of opportunity versus equality of outcomes debate, there remains the problem of deciding what equality means in particular contexts: racial equality, equality between the sexes, between those with and without mental or physical disability, and so on. Finally, there is the issue of which groups in society are entitled to "equality", whatever it may mean. Given the open-ended nature of the equality guarantees contained in section 15 of Canada's Charter of Rights and Freedoms, it is clear that groups other than those specifically mentioned therein …


Judging And Equality: Quis Custodiet Ipsos Custodes?, Edward J. Mcbride Sep 1986

Judging And Equality: Quis Custodiet Ipsos Custodes?, Edward J. Mcbride

Dalhousie Law Journal

"Equality," like law, politics, and life itself, displays myriad aspects. Reflections on equality, therefore, must take many differentforms, as this volume will subsequently demonstrate. Now that Canada has entrenched equality as a constitutional value, facets of the issue seem to proliferate, almost without end. Questions abound: Will the equality guarantees be confined to public action only? What constitutes public action? Will the enumerated categories protected against discrimination be supplemented by incorporation of unenumerated categories? Will a conventional liberal point of view inform the development of equality under the Charter? What part will a crystallizing feminist perspective play in the process? …


Equality, Efficiency And Judicial Restraint: Towards Adynamic Constitution, Peter Rogers Sep 1986

Equality, Efficiency And Judicial Restraint: Towards Adynamic Constitution, Peter Rogers

Dalhousie Law Journal

Whatever else may be meant by "equality" in specific contexts, its ordinary usage requires a comparison of the political, social, and economic conditions of different members of society. Equality theories are normative theories that explain which differences in condition are justifiable, and which are unacceptable. In short, equality is about the distribution of social benefits and burdens; equality rights are rights to distributive justice.


The Judicial Protection Of Unenumerated Constitutional Rights, Gene R. Nichol Aug 1986

The Judicial Protection Of Unenumerated Constitutional Rights, Gene R. Nichol

Popular Media

No abstract provided.


State V. Calhoun, 479 So. 2d 241 (Fla. 4th Dca 1985), Kelly M. Haynes Jul 1986

State V. Calhoun, 479 So. 2d 241 (Fla. 4th Dca 1985), Kelly M. Haynes

Florida State University Law Review

Constitutional Law-ELECTRONIC SURVEILLANCE IN PRISON: ARE ANY CONSTITUTIONAL RIGHTS VIOLATED?


Constitutional Law—Due Process—Garnishment Procedures Must Provide For Notice To Postjudgment Debtor, Kathleen A. Hillegas Jul 1986

Constitutional Law—Due Process—Garnishment Procedures Must Provide For Notice To Postjudgment Debtor, Kathleen A. Hillegas

University of Arkansas at Little Rock Law Review

No abstract provided.


Teaching Constitutional Law: Role-Playing The Supreme Court, David S. Day Jun 1986

Teaching Constitutional Law: Role-Playing The Supreme Court, David S. Day

Journal of Legal Education

No abstract provided.


At-Large Elections And Vote Dilution: An Empirical Study, Richard A. Walawender Jun 1986

At-Large Elections And Vote Dilution: An Empirical Study, Richard A. Walawender

University of Michigan Journal of Law Reform

The 1982 amendments to the Act, however, have remained a subject of controversy. Opponents of the Act misperceive municipal at-large electoral systems, believing they provide as much minority representation as single-member district systems. This Note addresses that misperception with data showing that at large schemes provide significantly less minority representation than other schemes. The various standards used by federal courts in reviewing the constitutionality of at-large election systems are outlined in Part I. Part II sets forth an analysis of Congress's response to the judicial ambivalence toward at-large elections- the 1982 amendments to section 2 of the Voting Rights Act. …


Community, Citizenship, And The Search For National Identity, Frederick Schauer Jun 1986

Community, Citizenship, And The Search For National Identity, Frederick Schauer

Michigan Law Review

As a test of this proposition, I want to explore the issue of alienage restrictions. Under what circumstances is it justifiable to draw lines based on whether a person is a citizen? Lines drawn on the basis of citizenship are a useful test of how seriously we take the idea of the nation as a relevant community and, more tangentially, of how seriously we take the idea of community itself. To the extent that we are skeptical of such lines, our concerns are to that extent individual-oriented, primarily focused on the adverse consequences of excluding some people from benefits or …


Fifth Amendment Privilege For Producing Corporate Documents, Nancy J. King Jun 1986

Fifth Amendment Privilege For Producing Corporate Documents, Nancy J. King

Michigan Law Review

This Note argues that a person should be able to assert her fifth amendment privilege against self-incrimination when her act of producing corporate documents pursuant to a subpoena causes her to make testimonial admissions that are incriminating. Part I briefly examines the two approaches the Supreme Court has used to decide claims of self-incrimination for records production. First, it explains the Court's traditional entity doctrine which, by focusing on the nature of the documents and the capacity in which they are held, has prohibited records producers from invoking the fifth amendment privilege against self-incrimination if the records produced are those …


May Officials Think Religiously?, Frederick Schauer Jun 1986

May Officials Think Religiously?, Frederick Schauer

William & Mary Law Review

No abstract provided.


Introduction To Religion And The State, Gene R. Nichol Jun 1986

Introduction To Religion And The State, Gene R. Nichol

William & Mary Law Review

No abstract provided.


The Religion Clauses And Nonbelievers, Norman Dorsen Jun 1986

The Religion Clauses And Nonbelievers, Norman Dorsen

William & Mary Law Review

No abstract provided.


"Nonpreferential" Aid To Religion: A False Claim About Original Intent, Douglas Laycock Jun 1986

"Nonpreferential" Aid To Religion: A False Claim About Original Intent, Douglas Laycock

William & Mary Law Review

No abstract provided.


Unprecedential Analysis And Original Intent, William P. Marshall Jun 1986

Unprecedential Analysis And Original Intent, William P. Marshall

William & Mary Law Review

No abstract provided.


The Free Exercise Clause: A Structural Overview And An Appraisal Of Recent Developments, Jesse H. Choper Jun 1986

The Free Exercise Clause: A Structural Overview And An Appraisal Of Recent Developments, Jesse H. Choper

William & Mary Law Review

No abstract provided.


The Free Exercise Clause: A View From The Public Forum, Lillian R. Bevier Jun 1986

The Free Exercise Clause: A View From The Public Forum, Lillian R. Bevier

William & Mary Law Review

No abstract provided.


Reflections On The Role Of Purpose In The Jurisprudence Of The Religion Clauses, Mark V. Tushnet Jun 1986

Reflections On The Role Of Purpose In The Jurisprudence Of The Religion Clauses, Mark V. Tushnet

William & Mary Law Review

No abstract provided.


To Walk A Crooked Path: Separating Law And Religion In The Secular State, Diane L. Zimmerman Jun 1986

To Walk A Crooked Path: Separating Law And Religion In The Secular State, Diane L. Zimmerman

William & Mary Law Review

No abstract provided.


Cabana V. Bullock: The Proper Tribunal-The Supreme Court Revisits Enmund V. Florida, Deborah Sachs May 1986

Cabana V. Bullock: The Proper Tribunal-The Supreme Court Revisits Enmund V. Florida, Deborah Sachs

University of Miami Law Review

No abstract provided.


Constitutional Law—Criminal Procedure—Eighth Amendment Bars Execution Of The Insane, Jonathan Taylor Apr 1986

Constitutional Law—Criminal Procedure—Eighth Amendment Bars Execution Of The Insane, Jonathan Taylor

University of Arkansas at Little Rock Law Review

No abstract provided.


Quest For Substance, Jeffrey M. Blum Apr 1986

Quest For Substance, Jeffrey M. Blum

Buffalo Law Review

Book review of Rogers M. Smith's Liberalism and American Constitutional Law