Digital Commons Network^™

Rights And Judges In A Democracy: A New Canadian Version, Paul C. Weiler

University of Michigan Journal of Law Reform

Canadians sought a constitutionally entrenched Charter of Rights not just for its own sake, but also as part of a larger effort at constitutional renewal. The hope was that such a Charter would preserve a united Canada in the face of the serious threat posed by French Canadian nationalism within a potentially independent Quebec. In this Article, I comment on those features of the Canadian debate and its denouement that are noteworthy within the Canadian context, as well as those that illustrate some of the universal themes of constitutional theory.

Public Employees Or Private Citizens: The Off-Duty Sexual Activities Of Police Officers And The Constitutional Right Of Privacy, Michael A. Woronoff

University of Michigan Journal of Law Reform

This Note proposes a framework for dealing with problems in this area in a manner which best balances the competing interests involved. It argues that, while there is no explicit constitutional guarantee of privacy, the state is not free to regulate all aspects of a police officer's otherwise legal, off-duty, sexual activity. Part I of the Note examines several possible sources of a constitutional right of privacy. It concludes that, although many of the courts which invalidate state regulation of police officers' off-duty sexual activity do so on the basis of some constitutional right of privacy, any implied fundamental right …

Defamation—A Standard Of Review For Constitutional Facts, Susan Stevens

University of Arkansas at Little Rock Law Review

No abstract provided.

Notes On A Bicentennial Constitution, Part I: Processes Of Change, William W. Van Alstyne

Faculty Publications

With the approach of the Bill of Rights bicentennial, this paper takes the cause for celebration as an equally important occasion for critique. This work argues that the most distinguishing aspects of our Constitution are not the Bill of Rights, federalism, and separation of powers, but rather the availability of judicial review, the political insulation of federal judges, and the limited mechanisms available for constitutional change.

Defamation, Public Officialdom And The Rosenblatt V. Baer Criteria—A Proposal For Revivification: Two Decades After New York Times Co. V. Sullivan, David Elder

Buffalo Law Review

No abstract provided.

As Near As May Be Agreeable To The Laws Of This Kingdom": Legal Birthright And Legal Baggage At Chebucto, 1749, Thomas Garden Barnes

Dalhousie Law Journal

The Old British Empire at its greatest extent and the height of its grandeur, between 1763 and 1776, comprised thirty-three colonies, all but a few of them in North America and the Caribbean, none of them older than 1607. The most recently acquired colonies included the largest, Canada, and some of the smallest, Grenada and St. Vincent.1 The Empire was not a monolith. Differing geography, history, economics, social structure and dynamics, and ethnicity produced political societies of great variations and disparities, even between contiguous colonies. Historians of the Old Empire have found generalization difficult and dangerous, save when describing "imperial …

The Theory And Practice Of Constitutionalism In Pre-Revolutionary Massachusetts Bay: James Otis On The Writs Of Assistance, 1761, David Thomas Konig

Dalhousie Law Journal

The subject of constitutionalism is of considerable topical importance in Canada today, and it is hoped that this essay in historical jurisprudence will be of value to Canadian scholars attempting to discover a usable past in the eighteenth century constitution of Empire. To plunge twentieth century scholars into the eighteenth century legal world, however, may have a tortious quality to it. Recently, an American scholar commented rather grimly that much modern scholarship on the subject shares "a sense of the strangeness of the eighteenthcentury world, its pervasive differentness from the legal world we know and have internalized. We cannot," he …

The Psychiatric Expert As Due Process Decisionmaker, Robert S. Berger

Buffalo Law Review

No abstract provided.

Towards A United Kingdom Bill Of Rights, Francis G. Jacobs

University of Michigan Journal of Law Reform

The United Kingdom has no fundamental constitutional instrument. It is in that respect almost unique. Instead it has a fundamental constitutional doctrine: the doctrine of the sovereignty of Parliament. The first paradox of the United Kingdom constitution is that no rules have a constitutional status.

The doctrine of Parliamentary sovereignty entails that all the constitutional rules that, in other countries, would be set out in a constitution are, in the United Kingdom, contained in Acts of Parliament-or in the common law, or in unwritten constitutional conventions or custom; and that any such rules, whether statutory or not, can be repealed …

The Judicial Development Of The Parent-Child Testimonial Privilege: Too Big For Its Britches?, Gregory W. Franklin

William & Mary Law Review

No abstract provided.

Taking Needs Seriously: Observations On The Necessity For Constitutional Change, Arthur S. Miller

Washington and Lee Law Review

No abstract provided.

The Right To Life Of The Unborn-An Assessment Of The Eighth Amendment To The Irish Constitution, John A. Quinlan

BYU Law Review

No abstract provided.

Searching For The Fourth Amendment, John M.A. Dipippa

University of Arkansas at Little Rock Law Review

No abstract provided.

Domestic Relations—Arkansas Supreme Court Defines Marital Property To Include Future Pension Benefits, Roger L. Morgan

University of Arkansas at Little Rock Law Review

No abstract provided.

The Parameters Of Constitutional Reconstruction: Slaughter-House, Cruikshank, And The Fourteenth Amendment, Robert C. Palmer

Faculty Publications

No abstract provided.

Flpma As It Affects The Mining Industry, William R. Marsh

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

67 pages.

11 pages of text with appendices.

The Constitution Of The Bureaucratic State, Mark Tushnet

West Virginia Law Review

No abstract provided.

The Constitution Of The Bureaucratic State--A Response To Professor Tushnet, Carl M. Selinger

West Virginia Law Review

No abstract provided.

Constitutional And Statutory Rights To Remedial Language Instruction: Variable Degrees Of Uncertainy., Debra Dobray

St. Mary's Law Journal

Abstract Forthcoming.

The Plaintiff's Burden In Defamation: Awareness And Falsity, Marc A. Franklin, Daniel J. Bussel

William & Mary Law Review

No abstract provided.

First Amendment Limitations On Recovery From The Press - An Extended Comment On "The Anderson Solution", William W. Van Alstyne

William & Mary Law Review

No abstract provided.

Public Figures Revisited, Diana M. Daniels

William & Mary Law Review

No abstract provided.

Public Figures, Frederick Schauer

William & Mary Law Review

No abstract provided.

Should The "Substantial Overbreadth" Doctrine Be Overhauled? The Example Of Morrisette V. Dilworth, William J. Maffucci

Buffalo Law Review

No abstract provided.

Constitutionalizing Civil Commitment: Another Attempt—In Re Harris, 98 Wn. 2d 276, 654 P.2d 109 (1982), Betty L. Drumheller

Washington Law Review

This Note first discusses recent statutory and judicial reforms of involuntary mental commitment procedures in the United States and Washington. It then analyzes the Washington Supreme Court's decision in In re Harris, focusing on the court's interpretation of the required standard for involuntary commitment and the new procedural requirements for issuance of a summons. The Note concludes that the Washington Supreme Court took a significant but incomplete step in conforming the Washington involuntary commitment procedures to the requirements of the United States Constitution.

Constitutional Law—Legislative Prayer Does Not Violate Establishment Clause, Caswell Bruton Blackard Iii

University of Arkansas at Little Rock Law Review

No abstract provided.

Federal Tax Lien—Forced Sale Of The Homestead Interest Of A Non-Delinquent Spouse, Allen C. Dobson

University of Arkansas at Little Rock Law Review

No abstract provided.

Property—Meeting The Due Process Requirements Of Notice To Mortgagees In Tax Sales, Jerry L. Malone

University of Arkansas at Little Rock Law Review

No abstract provided.

Establishment Clause Limits On Governmental Interference With Religious Organizations, Carl H. Esbeck

Washington and Lee Law Review

No abstract provided.

Xi. Prisoners' Rights

Washington and Lee Law Review

No abstract provided.