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Articles 13051 - 13080 of 15673
Full-Text Articles in Entire DC Network
Constitutional Law - Author Can Be Prosecuted Under Federal Mail Fraud Statute For Misrepresenting Contents Of Book, Virginia L. Flick
Constitutional Law - Author Can Be Prosecuted Under Federal Mail Fraud Statute For Misrepresenting Contents Of Book, Virginia L. Flick
Villanova Law Review (1956 - )
No abstract provided.
The United States Constitution Of 1787: A Commentary, George Anastaplo
The United States Constitution Of 1787: A Commentary, George Anastaplo
Loyola University Chicago Law Journal
No abstract provided.
Federalism Disserved: The Drive For Deregulation, William C. Banks, Kirk M. Lewis
Federalism Disserved: The Drive For Deregulation, William C. Banks, Kirk M. Lewis
Maryland Law Review
No abstract provided.
A Punishment In Search Of A Crime: Standards For Capital Punishment In The Law Of Criminal Homicide, Franklin E. Zimring, Gordon Hawkins
A Punishment In Search Of A Crime: Standards For Capital Punishment In The Law Of Criminal Homicide, Franklin E. Zimring, Gordon Hawkins
Maryland Law Review
No abstract provided.
Law And Environment In Modern America And Among The Hopi Indians: Comparison Of Values, John W. Ragsdale Jr
Law And Environment In Modern America And Among The Hopi Indians: Comparison Of Values, John W. Ragsdale Jr
Faculty Works
No abstract provided.
The Death Penalty, Ellen Y. Suni
The Death Penalty, Ellen Y. Suni
Faculty Works
In 1977, the Missouri legislature adopted a comprehensive statutory scheme defining capital murder and prescribing procedures to be utilized in imposing the death penalty in this state. After making minor revisions in the scheme, the legislature substantially revamped the homicide statutes in 1983. Included in this revision were changes in the definition of the substantive offense and revisions in the grounds and procedures for imposition of the death penalty. These legislative revisions and judicial interpretations have substantially broadened the class of defendants to whom the death penalty is applicable and substantially decreased the likelihood of successful appeal from a sentence …
Federalism And Supreme Court Review: Is Article V And Exception To The Independent And Adequate State Grounds Doctrine, David W. Thill
Federalism And Supreme Court Review: Is Article V And Exception To The Independent And Adequate State Grounds Doctrine, David W. Thill
UC Law Constitutional Quarterly
No abstract provided.
Shoemaker V. Handel: Alcohol And Drug Testing And The Pervasive Regulation Exception To The Fourth Amendment's Administrative Search Warrant Requirement, Robert H. Horn
UC Law Constitutional Quarterly
No abstract provided.
Administrative Search And Seizure Whither The Warrant, Jack M. Kress, Carole D. Iannelli
Administrative Search And Seizure Whither The Warrant, Jack M. Kress, Carole D. Iannelli
Villanova Law Review (1956 - )
No abstract provided.
A Mandatory Right To Counsel For The Material Witness, Susan Kling
A Mandatory Right To Counsel For The Material Witness, Susan Kling
University of Michigan Journal of Law Reform
This Note argues that a uniform statute establishing a mandatory right to counsel should be adopted, at both the state and federal levels, to afford to the material witness protection that the Constitution fails to provide. Part I describes the general scope of the problem and concludes that neither the federal government, the individual states, nor the United States Constitution provides the material witness with a mandatory right to counsel. Part II argues that the material witness should have a statutorily mandated right to counsel. A mandatory right to counsel should be extended to the material witness both for the …
Constitutional Law-Fourth Amendment-Use Of Deadly Force To Seize Fleeing Felony Suspects (Tennessee V. Garner), Georgia Mcmillen
Constitutional Law-Fourth Amendment-Use Of Deadly Force To Seize Fleeing Felony Suspects (Tennessee V. Garner), Georgia Mcmillen
NYLS Journal of Human Rights
No abstract provided.
Dworkin: A New Link In The Chain, Joseph Raz
Dworkin: A New Link In The Chain, Joseph Raz
Faculty Scholarship
This book brings together nineteen of the articles published by Professor Dworkin over the last eight years, mostly in the New York Review of Books, but also in learned journals and collections. Three articles, none of them of major importance, have not been published before: Can a Liberal State Support Art? (pp. 221-36), On Interpretation and Objectivity (pp. 167-80), and Civil Disobedience and Nuclear Protest (pp. 104-18). Several pieces published during the last few years are not included, of which the most important is an article on equality.
The Supreme Court And State Protectionism: Making Sense Of The Dormant Commerce Clause, Donald H. Regan
The Supreme Court And State Protectionism: Making Sense Of The Dormant Commerce Clause, Donald H. Regan
Articles
For almost fifty years, scholars have urged the Court to "balance" in dormant commerce clause cases; and the scholars have imagined that the Court was following their advice. The Court has indeed claimed to balance, winning scholarly approval. But the Court knows better than the scholars. Despite what the Court has said, it has not been balancing. It has been following a simpler and better-justified course. In the central area of dormant commerce clause jurisprudence, comprising what I shall call "movement-of-goods" cases), the Court has been concerned exclusively with preventing states from engaging in purposeful economic protectionism. Not only is …
The Status Of Independent Agencies After Bowsher V. Synar, Paul R. Verkuil
The Status Of Independent Agencies After Bowsher V. Synar, Paul R. Verkuil
Faculty Publications
No abstract provided.
Whose Right Is It Anyway?: Rethinking Competency To Stand Trial In Light Of The Synthetically Sane Insanity Defendant, Linda C. Fentiman
Whose Right Is It Anyway?: Rethinking Competency To Stand Trial In Light Of The Synthetically Sane Insanity Defendant, Linda C. Fentiman
Elisabeth Haub School of Law Faculty Publications
This article's thesis is that given the magnitude of the insanity defendant's fundamental constitutional liberties--his constitutional right to present and conduct his defense, his privilege against self-incrimination, his constitutional right to privacy and bodily integrity, and his common law right to give informed consent to medical treatment--the state's interest in assuring the defendant's competency must give way if he chooses to waive his right to be tried while competent. Most, if not all, of the purposes of the prohibition against trying an incompetent defendant can be met even if the defendant is tried without psychotropic medication as long as he …
To Have And To Hold: The Marital Rape Exemption And The Fourteenth Amendment, Anne Dailey
To Have And To Hold: The Marital Rape Exemption And The Fourteenth Amendment, Anne Dailey
Faculty Articles and Papers
No abstract provided.
Dui Roadblocks: Drunk Drivers Take A Toll On The Fourth Amendment, 19 J. Marshall L. Rev. 983 (1986), Lazaro Fernandez
Dui Roadblocks: Drunk Drivers Take A Toll On The Fourth Amendment, 19 J. Marshall L. Rev. 983 (1986), Lazaro Fernandez
UIC Law Review
No abstract provided.
Constraints Of Power: The Constitutional Opinions Of Judges Scalia, Bork, Posner, Easterbrook, And Winter, James G. Wilson
Constraints Of Power: The Constitutional Opinions Of Judges Scalia, Bork, Posner, Easterbrook, And Winter, James G. Wilson
Law Faculty Articles and Essays
This article completes a two-part series studying the constitutional jurisprudence of Judges Antonin Scalia, Richard Posner, Robert Bork, Frank Easterbrook, and Ralph Winter Jr., five conservative academics appointed by President Reagan to the United States Court of Appeals. Judge Scalia has recently been appointed to the Supreme Court of the United States. In a previous article, published in the last issue of the University of Miami Law Review, I evaluated these five jurists' constitutional scholarship by contrasting their views with those of Edmund Burke, the originator of political conservative theory. That article tested Burke's wariness of political abstractions and his …
Arrest, James Boyd White
Arrest, James Boyd White
Book Chapters
The constitutional law of arrest governs every occasion on which a government officer interferes with an individual’s freedom, from full-scale custodial arrests at one end of the spectrum to momentary detentions at the other. Its essential principle is that a court, not a police officer or other executive official, shall ultimately decide whether a particular interference with the liberty of an individual is justified. The court may make this judgment either before an arrest, when the police seek a judicial warrant authorizing it, or shortly after an arrest without a warrant, in a hearing held expressly for that purpose. The …
Public School Drug Searches: Toward Redefining Fourth Amendment "Reasonableness" To Include Individualized Suspicion, Jill I. Braverman
Public School Drug Searches: Toward Redefining Fourth Amendment "Reasonableness" To Include Individualized Suspicion, Jill I. Braverman
Fordham Urban Law Journal
Incidents of illegal drug use' and violent crime plague public school authorities across the nation. As narcotics and weapons appear on school campuses, school officials seek to conduct searches of students' lockers, property, and persons for contraband or prohibited weapons. Public school authorities justify their actions by stating that since the state requires children to attend school, the state retains a compelling interest, if not an affirmative duty, in ensuring that the school environment remain free of illegal substances which might present safety hazards to teachers or fellow students. The fourth amendment to the United States Constitution was adopted to …
Phoenix Rising And Federalism Analysis, David M. Skover
Phoenix Rising And Federalism Analysis, David M. Skover
UC Law Constitutional Quarterly
No abstract provided.
The Constitutional Right Of A Police Officer To Make Political Contributions, Gregg Crane
The Constitutional Right Of A Police Officer To Make Political Contributions, Gregg Crane
UC Law Constitutional Quarterly
No abstract provided.
The Emperor Gideon Has No Clothes: The Empty Promise Of The Constitutional Right To Effective Assistance Of Counsel, Richard Klein
The Emperor Gideon Has No Clothes: The Empty Promise Of The Constitutional Right To Effective Assistance Of Counsel, Richard Klein
UC Law Constitutional Quarterly
No abstract provided.
Preserving The System: The Role Of Judges, Anthony Lewis
Preserving The System: The Role Of Judges, Anthony Lewis
UC Law Constitutional Quarterly
No abstract provided.
Private Remedies For Consitutional Wrongs--A Matter Of Perspective, Priority, And Process, Daniel L. Rotenberg
Private Remedies For Consitutional Wrongs--A Matter Of Perspective, Priority, And Process, Daniel L. Rotenberg
UC Law Constitutional Quarterly
No abstract provided.
Congressional Power And Free Speech: Levy’S Legacy Revisited, William W. Van Alstyne
Congressional Power And Free Speech: Levy’S Legacy Revisited, William W. Van Alstyne
Faculty Publications
No abstract provided.
Constitutional Rights Without Remedies: Judicial Review Of Underinclusive Legislation, Bruce K. Miller, Neal Devins
Constitutional Rights Without Remedies: Judicial Review Of Underinclusive Legislation, Bruce K. Miller, Neal Devins
Faculty Publications
No abstract provided.
Police Interrogation And Confessions, Yale Kamisar
Police Interrogation And Confessions, Yale Kamisar
Book Chapters
In the police interrogation room, where, until the second third of the century, police practices were unscrutinized and virtually unregulated, constitutional ideals collide with the grim realities of law enforcement.
Education For Economic Security Act: The Secular Humanism Ban And Equal Access Act
Education For Economic Security Act: The Secular Humanism Ban And Equal Access Act
Washington and Lee Law Review
No abstract provided.
State Lending Of Credit—New Analysis Of State Constitutional Prohibitions—Washington Higher Education Facilities Authority V. Gardner, 103 Wn. 2d 838, 699 P.2d 1240 (1985), Carol Sue Hunting
State Lending Of Credit—New Analysis Of State Constitutional Prohibitions—Washington Higher Education Facilities Authority V. Gardner, 103 Wn. 2d 838, 699 P.2d 1240 (1985), Carol Sue Hunting
Washington Law Review
In Washington Higher Education Facilities Authority (WHEFA) v. Gardner, the Washington Supreme Court held that the issuance of nonrecourse bonds by WHEFA to finance building construction at private higher education institutions was permissible under article 8, section 5 of the Washington Constitution. The opinion rectifies earlier contrary decisions by making clear that the issuance of nonrecourse bonds is not constitutionally prohibited. The court, however, in reaching this conclusion, adopted a new literal interpretation of the constitutional language, which may restrict the court's future analysis of lending of credit issues by unnecessarily precluding policy considerations. Although the court's analysis adequately supported …