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Bowers V. Hardwick, Lewis F. Powell Jr. Oct 1985

Bowers V. Hardwick, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Wygant V. Jackson Board Of Education, Lewis F. Powell Jr. Oct 1985

Wygant V. Jackson Board Of Education, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Thornburgh V. American College Of Obstetricians And Gynecologists, Lewis F. Powell Jr. Oct 1985

Thornburgh V. American College Of Obstetricians And Gynecologists, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Batson V. Kentucky, Lewis F. Powell Jr. Oct 1985

Batson V. Kentucky, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Reed V. Campbell, Individually And As Administrix Of The Estate Of Ricker, Lewis F. Powell Jr. Oct 1985

Reed V. Campbell, Individually And As Administrix Of The Estate Of Ricker, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


California V. Ciraolo, Lewis F. Powell Jr. Oct 1985

California V. Ciraolo, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Constitutional Law—Death-Qualified Juries Are Not Prohibited By The Sixth Amendment Right To A Fair And Impartial Jury, David Juneau Oct 1985

Constitutional Law—Death-Qualified Juries Are Not Prohibited By The Sixth Amendment Right To A Fair And Impartial Jury, David Juneau

University of Arkansas at Little Rock Law Review

No abstract provided.


Reading The Establishment Clause, Neal Devins Sep 1985

Reading The Establishment Clause, Neal Devins

Popular Media

No abstract provided.


And Now For A Moment Of Silence: Wallace V. Jaffree, Sylvia Sohn Penneys Sep 1985

And Now For A Moment Of Silence: Wallace V. Jaffree, Sylvia Sohn Penneys

University of Miami Law Review

No abstract provided.


A Nondeferential Standard For Appellate Review Of State Law Decisions By Federal District Courts Sep 1985

A Nondeferential Standard For Appellate Review Of State Law Decisions By Federal District Courts

Washington and Lee Law Review

No abstract provided.


Hardwick V. Bowers: An Attempt To Pull The Meaning Of Doe V. Commonwealth's Attorney Out Of The Closet, Elisa L. Fuller Sep 1985

Hardwick V. Bowers: An Attempt To Pull The Meaning Of Doe V. Commonwealth's Attorney Out Of The Closet, Elisa L. Fuller

University of Miami Law Review

No abstract provided.


Clark V. Community For Creative Non-Violence: First Amendment Safeguards-Their Sum Is Less Than Their Parts, James B. Putney Sep 1985

Clark V. Community For Creative Non-Violence: First Amendment Safeguards-Their Sum Is Less Than Their Parts, James B. Putney

University of Miami Law Review

No abstract provided.


The Availability Of Jury Trials In Copyright Infringement Cases: Limiting The Scope Of The Seventh Amendment, Andrew W. Stumpff Aug 1985

The Availability Of Jury Trials In Copyright Infringement Cases: Limiting The Scope Of The Seventh Amendment, Andrew W. Stumpff

Michigan Law Review

This Note argues that statutory copyright damages are properly regarded as equitable and hence that no right to a jury trial exists in cases brought to recover such damages. More generally, the Note maintains that the seventh amendment's distinction between equitable and legal causes of action has produced irrational consequences, and proposes that "legal" issues be defined narrowly so as to limit the scope of the seventh amendment. Part I analyzes the debate over statutory copyright damages, concluding that historical and statutory construction arguments require these damages to be construed as legal. Part II examines some of the problems that …


National League Of Cities Overruled -- Supreme Court Rejects Tenth Amendment As An Affirmative Limitation On Congress' Power Under The Commerce Clause, Dorothy Lowe Boardman Jul 1985

National League Of Cities Overruled -- Supreme Court Rejects Tenth Amendment As An Affirmative Limitation On Congress' Power Under The Commerce Clause, Dorothy Lowe Boardman

Florida State University Law Review

No abstract provided.


Remedies To The Dilemma Of Death-Qualified Juries, Robert M. Berry Jul 1985

Remedies To The Dilemma Of Death-Qualified Juries, Robert M. Berry

University of Arkansas at Little Rock Law Review

No abstract provided.


Appellate Procedure—Orders Disqualifying Counsel Are Not Immediately Appealable Under The Collateral Order Exception To 28 U.S.C. Section 1291, Troy Anthony Price Jul 1985

Appellate Procedure—Orders Disqualifying Counsel Are Not Immediately Appealable Under The Collateral Order Exception To 28 U.S.C. Section 1291, Troy Anthony Price

University of Arkansas at Little Rock Law Review

No abstract provided.


Federal And State Regulation Of Activities Affecting Water Quality, Julia B. Epley Jun 1985

Federal And State Regulation Of Activities Affecting Water Quality, Julia B. Epley

Western Water Law in Transition (Summer Conference, June 3-5)

54 pages.


Administering Water Rights: The Permit System, Lawrence J. Wolfe Jun 1985

Administering Water Rights: The Permit System, Lawrence J. Wolfe

Western Water Law in Transition (Summer Conference, June 3-5)

69 pages.

Contains references.


The Road To Exclusion Is Paved With Bad Intentions: A Bad Faith Corollary To The Good Faith Exception, Ronald J. Bacigal Jun 1985

The Road To Exclusion Is Paved With Bad Intentions: A Bad Faith Corollary To The Good Faith Exception, Ronald J. Bacigal

West Virginia Law Review

No abstract provided.


The Second Death Of Federalism, William W. Van Alstyne Jun 1985

The Second Death Of Federalism, William W. Van Alstyne

Michigan Law Review

In 1976, in National League of Cities v. Usery, the Supreme Court distinguished acts of Congress regulating commercial relations from acts of Congress commanding the terms of state services. Last Term, in Garcia v. San Antonio Metropolitan Transit Authority, the Court abandoned the distinction and held that it was principally for Congress to determine federalism questions. In this Comment, Professor Van Alstyne criticizes the Court on both counts.


Embargoes On Exports Of Ideas And Information: First Amendment Issues, Robert D. Kamenshine Jun 1985

Embargoes On Exports Of Ideas And Information: First Amendment Issues, Robert D. Kamenshine

William & Mary Law Review

No abstract provided.


The First Amendment - An Absolute Right?, Kathleen A. Buck Jun 1985

The First Amendment - An Absolute Right?, Kathleen A. Buck

William & Mary Law Review

No abstract provided.


Comment On "The Nylon Curtain: America's National Border And The Free Flow Of Ideas", Michael J. Perry Jun 1985

Comment On "The Nylon Curtain: America's National Border And The Free Flow Of Ideas", Michael J. Perry

William & Mary Law Review

No abstract provided.


Access To Classified Information: Constitutional And Statutory Dimensions, Bruce E. Fein Jun 1985

Access To Classified Information: Constitutional And Statutory Dimensions, Bruce E. Fein

William & Mary Law Review

No abstract provided.


Limits On Scientific Expression And The Scope Of First Amendment Analysis, Martin H. Redish Jun 1985

Limits On Scientific Expression And The Scope Of First Amendment Analysis, Martin H. Redish

William & Mary Law Review

No abstract provided.


A Reply To The Comments, Robert D. Kamenshine Jun 1985

A Reply To The Comments, Robert D. Kamenshine

William & Mary Law Review

No abstract provided.


Neiman V. Chairman Of The Elections Committee, Meir Shamgar, Miriam Ben-Porat, Aharon Barak, Menachem Elon, Moshe Bejski May 1985

Neiman V. Chairman Of The Elections Committee, Meir Shamgar, Miriam Ben-Porat, Aharon Barak, Menachem Elon, Moshe Bejski

Translated Opinions

The Knesset Elections Law establishes a Central Elections Committee, to which are submitted the various proposed candidates lists that wish to participate in the Knesset elections. The Committee reviews the lists to ascertain that they conform to the requirements of the Law, approves such lists as comply and disqualifies any list that does not comply, supervises the conduct of the election campaign and the elections themselves, rules on various issues that arise during the campaign and during the elections and certifies the results of the voting. The Committee is comprised of representatives of the party lists that are represented in …


Anti-Formalism In Recent Constitutional Theory, Mark V. Tushnet May 1985

Anti-Formalism In Recent Constitutional Theory, Mark V. Tushnet

Michigan Law Review

The focus in constitutional theory on judicial review rests on a much deeper political theory than the phrase "countermajoritarian difficulty" standing alone suggests. Majoritarian or democratic decision making is itself a solution to a set of problems that arise from a particular view of human nature and political action. In this Article, I identify, explicate, and criticize some recent developments in constitutional theory which are of interest to the extent that they reject that view of human nature and politics. I take as my focus important articles by Robert Burt, Robert Cover, Owen Fiss, Frank Michelman, and Cass Sunstein. I …


Doe And Dronenburg: Sodomy Statutes Are Constitutional, Arthur E. Brooks May 1985

Doe And Dronenburg: Sodomy Statutes Are Constitutional, Arthur E. Brooks

William & Mary Law Review

No abstract provided.


Separation Of Powers, Legislative Vetoes, And The Public Lands, Eugene R. Gaetke Apr 1985

Separation Of Powers, Legislative Vetoes, And The Public Lands, Eugene R. Gaetke

Law Faculty Scholarly Articles

The Supreme Court's decision in Immigration and Naturalization Service v. Chadha struck a serious, if not fatal, blow to the constitutional acceptability of the legislative veto. In Chadha the Court held that a provision of the Immigration and Naturalization Act, which permitted one House of Congress to reverse a decision by the Attorney

General not to deport an alien, was a violation of the doctrine of separation of powers since it did not comply with the requirements of passage by both Houses of Congress and presentment to the President. In light of that decision, the constitutionality of nearly 200 statutes …