Digital Commons Network^™

Cordless Telephones And The Fourth Amendment: A Trap For The Unwary Consumer, Mark S. Snell

Kentucky Law Journal

No abstract provided.

Rules And Standards, Pierre Schlag

Publications

No abstract provided.

The History Of Statutory Interpretation: A Study In Form And Substance, William S. Blatt

Cardozo Law Review

No abstract provided.

Sex, Power And Silliness: An Essay On Ackerman's Reconstructing American Law, Alan D. Freeman, John H. Schlegel

Cardozo Law Review

No abstract provided.

The Development Of The Law Of Seditious Libel And The Control Of The Press, Philip A. Hamburger

Faculty Scholarship

This article presents a new account of the development of the law of seditious libel from the late sixteenth century to the early eighteenth. It also outlines a new version of the relationship between the government and the press during that period. The article argues that it was the gradual erosion, during the late sixteenth and seventeenth centuries, of the legal foundations of the government's policies toward the press that eventually made necessary a new policy based on the law of libel. In the midsixteenth century, the Crown possessed a wide variety of means for dealing with the printed press, …

The Pathological Perspective And The First Amendment, Vincent A. Blasi

Faculty Scholarship

Constitutions are designed to control, or at least influence, future events – political events, adjudicative events, to some extent even interactions between private parties. Yet the future is unknowable, largely unpredictable, and inevitably variable. At any moment there exists a short-run future, a long-run future, and a future in between. The future is virtually certain to contain some progress, some regression, some stability, some volatility. How is a constitution supposed to operate upon this vast panoply?

That is a question that ought to loom large in the deliberations of persons who propose and ratify new constitutions and new constitutional amendments. …

High Technology, The Human Image, And Constitutional Value, Patrick L. Baude

Articles by Maurer Faculty

No abstract provided.

The Legitimacy Of Judicial Review In Individual Rights Cases: Michael Perry's Constitutional Theory And Beyond, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.

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

Articles by Maurer Faculty

No abstract provided.

Joseph Story's Commentaries On The Constitution: A Belated Review, H. Jefferson Powell

Faculty Scholarship

No abstract provided.

The Second Death Of Federalism, William W. Van Alstyne

Faculty Publications

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.

Another Way Of Looking At School Aid, John H. Garvey

Scholarly Articles

No abstract provided.

The Supreme Court And The Constitution: The Continuing Debate On Judicial Review, Donald P. Kommers

Journal Articles

The three books reviewed in this essay are recent contributions to the growing literature of constitutional theory (Michael J. Perry, The Constitution, the Courts, and Human Rights (New Ha- ven: Yale University Press, 1982); Sotirios A. Barber, On What the Constitution Means (Baltimore and London: The Johns Hopkins University Press, 1984); and John Agresto, The Supreme Court and Constitutional Democracy (Ithaca: Cornell University Press, 1984). They explore important questions about the role of the Supreme Court and the meaning of the Constitution.

Book Review, Pierre Schlag

Publications

No abstract provided.

Framers Intent: The Illegitimate Uses Of History, Pierre Schlag

Publications

No abstract provided.

The Privilege Against Self-Incrimination In A Rescue Situation, William T. Pizzi

Publications

No abstract provided.

The Formulaic Constitution, Robert F. Nagel

Publications

The Supreme Court's constitutional jurisprudence of late has been filled with formulae - tests that must be met, hurdles that must be overcome. This multi-pronged analytical technique is, according to Professor Nagel, distancing the Justices from both their audience, the American public, and their text, the Constitution. In an effort to retain the authority of that text, the Court is instead displacing it; in an effort to persuade that audience, the Court is instead excluding it. Furthermore, the Court's attempt to constrain judges has actually created an irresponsible judicial freedom, while its attempt to locate a middle ground between the …

Understanding Law As Metaphor, James E. Murray

Journal of Legal Education

No abstract provided.

Book Review Of The Legal Enforcement Of Morality And The Dilemmas Of Individualism: Status, Liberty, And American Constitutional Law, Arthur S. Miller

Journal of Legal Education

No abstract provided.

N.H. Bar's Residency Requirement Faces A Constitutional Challenge, Neal Devins

Popular Media

No abstract provided.

Second Generation State Takeover Legislation: Maryland Takes A New Tack, Michigan Law Review

Michigan Law Review

This Note examines the approach recently adopted by the Maryland legislature in special session one year after the Supreme Court's decision in MITE. Maryland has departed radically from the regulatory approach of first generation statutes; however, this Note argues that the statute has failed to escape the constitutional infirmities of its predecessors. Part I outlines the various mechanisms that regulate acquisition of corporate control: the federal tender offer regulatory mechanism known as the Williams Act, state takeover legislation such as the Illinois statute invalidated in MITE, and the new Maryland statute. Part II analyzes the debate concerning the …

Backing Off Bivens And The Ramifications Of This Retreat For The Vindication Of First Amendment Rights, Joan Steinman

Michigan Law Review

In Part I of this Article, Chappell and Bush are analyzed against the backdrop of the preceding Bivens cases. The analysis explains how these cases presented situations that were similar to one another but unlike any the Supreme Court previously had faced in Bivens cases. It demonstrates how the Court departed from the line of analysis that its previous Bivens cases had established, in a way that makes it more difficult for at least some plaintiffs seeking vindication of their constitutional rights to succeed in having a money damage remedy implied directly under the Constitution. The Article then argues that …

National Farmers Union Insurance Cos. V. Crow Tribe Of Indians, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Evitts V. Lucey, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

Supreme Court Of New Hampshire V. Piper, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Atascadero State Hospital V. Scanlon, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Tennessee V. Garner, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

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

Supreme Court Case Files

No abstract provided.

Winston V. Lee, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

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

Supreme Court Case Files

No abstract provided.