Digital Commons Network^™

Regan V. Wald: Executive Authority And The Prohibition On Tourist And Business Travel To Cuba Through The Use Of Currency Controls, Brian G. Hart

Buffalo Law Review

No abstract provided.

The Delegation Doctrine: Could The Court Give It Substance?, David Schoenbrod

Michigan Law Review

Part I of this Article demonstrates the need for a new approach to the delegation doctrine. It shows that the Court has failed to articulate a coherent test of improper delegation and that the alternative tests offered by commentators are not sufficient. Part II then sets forth a proposed test of improper delegation. The basic principles of an approach prohibiting delegations of legislative power are outlined and illustrated. This Article does not, however, attempt anything so grand as to suggest a final definition of the doctrine or to pass broadly on the validity of statutes. Such an encompassing analysis is …

A Lesson In Incaution, Overwork, And Fatigue: The Judicial Miscraftsmanship Of Segura V. United States, Joshua Dressler

William & Mary Law Review

No abstract provided.

Book Review Of The Second American Revolution, Neal Devins

Faculty Publications

No abstract provided.

Nativity Scenes And Judicial Responsibility, Norman Dorsen, Charles Sims, Georgetown University Law Center

Philip A. Hart Memorial Lecture

On March 22, 1985, Professor of Law, Norman Dorsen of New York University School of Law, delivered the Georgetown Law Center’s fifth Annual Philip A. Hart Memorial Lecture: "Nativity Scenes and Judicial Responsibility."

Norman Dorsen is Counselor to the President of New York University and Stokes Professor of Law, NYU School of Law, where he has taught since 1961. He is co-director of the Arthur Garfield Hays Civil Liberties Program and was the founding director of NYU's Hauser Global Law School Program in 1994.

Dorsen performed military service in the office of the Secretary of the Army, where he assisted …

Vi. Prisoner's Rights

Washington and Lee Law Review

No abstract provided.

Capital Punishment: For Or Against, Jan Gorecki

Michigan Law Review

A Review of The Death Penalty -- A Debate by Ernest van den Haag and John Conrad

On What The Constitution Means, Michigan Law Review

Michigan Law Review

A Review of On What the Constitution Means by Sotirios A. Barber

The Constitutional Organization Of The Government, Gerhard Casper

William & Mary Law Review

No abstract provided.

The Dilemmas Of Individualism: Status, Liberty, And American Constitutional Law, Michigan Law Review

Michigan Law Review

A Review of The Dilemmas of Individualism: Status, Liberty, and American Constitutional Law by Michael J. Phillips

Procedural Issues In Raising A Constitutional Taking Claim: Trends In Florida Law, Robert P. Banks

Florida State University Law Review

No abstract provided.

Death At Any Cost: A Critique Of The Supreme Court's Recent Retreat From Its Death Penalty Standards, William S. Geimer

Florida State University Law Review

No abstract provided.

How To Read The Constitution Of The United States, George Anastaplo

Loyola University Chicago Law Journal

No abstract provided.

Beyond Carolene Products, Bruce A. Ackerman

Addison Harris Lecture

No abstract provided.

Nonoriginalist Constitutional Rights And The Problem Of Judicial Finality, Daniel O. Conkle

UC Law Constitutional Quarterly

No abstract provided.

Constitutional Review Of State Eminent Domain Legislation: Hawaii Housing Authority V. Midkiff, Stuart P. Kastner

Seattle University Law Review

The State of Hawaii has a unique land ownership problem directly affecting many of the state's homeowners: a handful of people own a large percentage of the land available for residential housing." Consequently, a significant proportion of homeowners rent, under long-term leases, the land on which their homes are built. In 1967 the Hawaii legislature took action to break up this concentration of ownership by enacting the Land Reform Act. The legislature declared that such ownership was a threat to the health, safety, and welfare of Hawaii's citizens because of its significant contribution to the spiraling inflation of land values. …

Entrapment, De Lorean And The Undercover Operation: A Constitutional Connection, 18 J. Marshall L. Rev. 365 (1985), Kevin Hackett O'Neill

UIC Law Review

No abstract provided.

Property And Personal Privacy: Interrelationship, Abandonment And Confusion In The Path Of Judicial Review, 18 J. Marshall L. Rev. 847 (1985), Kenneth Mott, Lovette Mott

UIC Law Review

No abstract provided.

New York V. Quarles: Dimming Miranda's Bright Line, W. Scott Campbell

West Virginia Law Review

No abstract provided.

Gates, Leon, And The Compromise Of Adjudicative Fairness (Part Ii): Of Aggressive Majoritarianism, Willful Deafness, And The New Exception To The Exclusionary Rule, Joel Jay Finer

Cleveland State Law Review

Part I examined in a dialogue form the idea that Justice White and other members of the Leon majority had prejudged issues of law in earlier cases––pre-committed themselves in violation of their duty of impartiality––by elaborating in detailed, cohesive, comprehensive opinions, reasons why existing law was incorrect and had to be changed to permit a "good-faith, objective police reasonableness" exception to the exclusionary rule. These prejudgments precluded fair consideration of the merits in Leon. Beyond that, the Leon opinion itself, considered in view of the arguments of counsel and the scholarship in currency, evinced an agenda-driven pre-commitment to its outcome; …

Casenotes: Constitutional Law — Roadside Sobriety Tests May Not Be Administered By Law Enforcement Officials Without Probable Cause To Believe The Defendant Was Driving While Intoxicated. People V. Carlson, 677 P.2d 310 (Colo. 1984), Elena A. Rodney

University of Baltimore Law Review

No abstract provided.

Casenotes: Constitutional Law — First Amendment — Regulation Prohibiting Sleeping In National Parks Upheld As A Valid Time, Place, And Manner Regulation Regardless Of Whether Sleeping Is Speech. Clark V. Community For Creative Non-Violence, 104 S. Ct. 3065 (1984), Susan H. Hickes

University of Baltimore Law Review

No abstract provided.

Casenotes: Constitutional Law — In Personam Jurisdiction — Nonresident Insurer's Solicitation Of Modification To Insurance Contract Provides Sufficient Minimum Contact With Forum State To Satisfy Due Process Jurisdictional Requirements. August V. Hba Life Insurance Co., 734 F.2d 168 (4th Cir. 1984), Elizabeth Suzan Vanlaningham-Miller

University of Baltimore Law Review

No abstract provided.

Bivens Actions For Federal Employees In The Aftermath Of Bush V. Lucas: Which Remedies For Whom?, Barry F. Smith

University of Baltimore Law Review

The recognition of the Bivens-style action, or the constitutional tort, has been followed by the Supreme Court's recent assertion that these actions will be unavailable where Congress has established an elaborate remedial scheme that should not be augmented by a judicial remedy. The author of this article posits that this necessary limitation on Bivens actions may produce an ironic result in the area of public personnel. The author reasons that those employees whom Congress has determined warrant no statutory protection may be permitted to pursue more lucrative judicial remedies than those employees whom Congress has sought to protect. The author …

Survey Of Washington Search And Seizure Law, Justice Robert F. Utter

Seattle University Law Review

This Survey is designed to assist lawyers and judges who must argue and resolve search and seizure issues in Washington State. The Survey summarizes the controlling state and federal cases on search and seizure law and uses as an additional reference W. LAFAVE, Search and Seizure: A Treatise on the Fourth Amendment (1978). Washington courts are likely to analyze future search and seizure issues under both the fourth amendment and Washington Constitution article I, section 7. The difference in wording between the two provisions is substantial, suggesting different degrees or types of privacy protection. This Survey summarizes the predominant treatment …

The Washington Constitutional "State Action" Doctrine: A Fundamental Right To State Action, David M. Skover

Seattle University Law Review

The time is ripe to establish the nature of the Washington "state action" doctrine and its theoretical purposes, and to evaluate its capacity to serve the functions justifying its existence. This Article will perform this exegesis. This Article proposes the dismantlement of the Washington "state action" doctrine and the recognition that cases involving competing private claims of state constitutional liberties present justiciable controversies that must be decided by conscious and comprehensive judicial investigation of the merits.

Whose Rights? What Danger?, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Earl Warren As A Judge, Bernard Schwartz

UC Law Constitutional Quarterly

No abstract provided.

Provisional Review: An Exploratory Essay On An Alternative Form Of Judicial Review, Paul R. Dimond

UC Law Constitutional Quarterly

No abstract provided.

Looking For Mr. Bobb: Equal Protection And Gender-Based Discrimination In Bobb V. Municipal Court, Karen A. Wells

UC Law Constitutional Quarterly

No abstract provided.