Digital Commons Network^™

Vi. Constitutional Law & Civil Rights

Washington and Lee Law Review

No abstract provided.

Is The Burger Court Really Like The Warren Court?, Paul Bender

Michigan Law Review

A Review of The Burger Court: The Counter-Revolution That Wasn't by Vincent Blasi

Judicial Review And Constitutional Ethics, Martin H. Redish

Michigan Law Review

A Review of Constitutional Fate: Theory of the Constitution by Philip Bobbitt

Toward Increased Judicial Activism: The Political Role Of The Supreme Court, Michigan Law Review

Michigan Law Review

A Review of Toward Increased Judicial Activism: The Political Role of the Supreme Court by Arthur Selwyn Miller

A Republic, If You Can Keep It, Daniel N. Hoffman

Michigan Law Review

A Review of Undeclared War: Twilight Zone of Constitutional Power by Edward Keynes and The War-Making Powers of the President: Constitutional and International Law Aspects by Ann Van Wynen Thomas and A.J. Thomas, Jr.

Does Doctrine Matter?, Frederick Schauer

Michigan Law Review

A Review of The Burger Court: The Counter-Revolution That Wasn't by Vincent Blasi

Privacy: Control Over Stimulus Input, Stimulus Output, And Self-Regarding Conduct, Paul Siegel

Buffalo Law Review

No abstract provided.

Doe V. Edgar: A Constitutional Battle Against Drunken Driving, 18 J. Marshall L. Rev. 255 (1984), Douglas L. Gilmer

UIC Law Review

No abstract provided.

Confronting Child Victims Of Sex Abuse: The Unconstitutionality Of The Sexual Abuse Hearsay Exception, Katrin E. Frank

Seattle University Law Review

This Comment first analyzes Washington’s hearsay exception Act in the light of the principles that form the basis for the hearsay rule and its exceptions. It then examines the effect of the Act on the preexisting hearsay rules. Next, it compares the concept of unavailability as used in the hearsay exceptions with the concept of incompetence; both concepts are then analyzed according to the requirements of the hearsay rules and the confrontation clause. The Comment concludes that the Act is unconstitutional because it permits admission of hearsay of testimonially incompetent children.

Legislative Delegation Of Powers: A Hobson's Choice, 17 J. Marshall L. Rev. 279 (1984), Rodolfe J.A. De Siefe

UIC Law Review

No abstract provided.

The Fee Awards Act Of 1976: Examining The Foundation For Legislative Reform Of Attorney's Fees Shifting, 18 J. Marshall L. Rev. 77 (1984), Randall R. Rader

UIC Law Review

No abstract provided.

The Proposed Panel To Resolve Intercircuit Conflicts: A Bried View From The Litgant's Perspective, Edward J. Horowitz, Marc J. Poster

UC Law Constitutional Quarterly

No abstract provided.

The Doctrine Of Conditional Preemption And Other Limitations On Tenth Amendment Restrictions, Ronald D. Rotunda

Law Faculty Articles and Research

No abstract provided.

Casenotes: Constitutional Criminal Law — Life Sentence Without Parole Imposed On Recidivist Guilty Of Seven Non-Violent Crimes Constitutes Cruel And Unusual Punishment Under The Eighth Amendment Proportionality Test — Solem V. Helm, 103 S.Ct. 3001 (1983), Elizabeth Gilbert Osterman

University of Baltimore Law Review

No abstract provided.

Family Law - Support - The Natural Father Of A Child Born Out Of Wedlock May Not Assert As A Defense Against His Support Obligation The Mother's Deliberate Misrepresentation That She Was Using Contraception, Suzanne E. Miller

Villanova Law Review (1956 - )

No abstract provided.

Criminal Procedure - Fourth Amendment - In Determining Whether An Affidavit Based Upon An Informant's Tip Constitutes Probable Cause To Issue A Search Warrant, A Magistrate Is To Apply A Totality Of Circumstances Approach, Jamieson M. Schiff

Villanova Law Review (1956 - )

No abstract provided.

Circumstances Within Our Control: Promoting Freedom Of Expression Through Cable Television, Mark Mininberg

UC Law Constitutional Quarterly

No abstract provided.

Mr. Crosskey, The American Constitution, And The Natures Of Things, George Anastaplo

Loyola University Chicago Law Journal

No abstract provided.

Rediscovering The American Origins Of Judicial Review: A Rebuttal To The Views Stated By Currie And Other Schools, 18 J. Marshall L. Rev. 49 (1984), P. Allan Dionisopoulos, Paul Peterson

UIC Law Review

No abstract provided.

Plyler V. Doe: Illegal Aliens And The Misguided Search For Equal Protection, Scott David Livingston

UC Law Constitutional Quarterly

No abstract provided.

Has The Contract Clause Counter-Revolution Halted--Rhetoric, Rights, And Markets In Constitutional Analysis, Jonathan B. Baker

UC Law Constitutional Quarterly

No abstract provided.

The Impact Of Kolender V. Lawson On Law Enforcement And Minority Groups, Dan Stormer, Paul Bernstein

UC Law Constitutional Quarterly

No abstract provided.

Equal Protection And The Passive Enforcement System Of Draft Registration: Selective Service Or Selective Prosecution--United States V. Wayte, Rennika H. Thoon

UC Law Constitutional Quarterly

No abstract provided.

Unbridled Prosecutorial Discretion And Standardless Death Penalty Policies: The Unconstitutionality Of The Washington Capital Punishment Statutory Scheme, James E. Lobsenz

Seattle University Law Review

This Article advances six reasons why Washington's statutory scheme for capital punishment should be deemed unconstitutional. The current death penalty statutes violate the separation of powers doctrine, the grand jury indictment clause of the fifth amendment, the equal protection clauses of the fourteenth amendment and article I, section 12 of the Washington State Constitution, the vagueness doctrine of the due process clause, and the doctrine of unlawful delegation of legislative power. Finally, it promotes an unequal administration of capital punishment in further violation of the guarantee of equal protection of the law.

Clear Standards For Discovery Protective Orders: A Missed Opportunity In Rhinehart V. Seattle Times Co., Carole J. Breitenbach

Seattle University Law Review

The Washington State Supreme Court has previously balanced the interests of privacy and effective judicial administration against those of free speech and public access in the context of judicial proceedings, and the court missed a significant opportunity to expand and apply this balancing test in Rhinehart. The United States Supreme Court similarly declined to create a balancing test to ensure the full protection of First Amendment interests during pretrial discovery. A need remains for a general standard to ensure that First Amendment interests in disseminating discovery information are identified and protected when a protective order is requested.

Taxation And Constitutional Law - The Internal Revenue Service Has The Power To Revoke The Tax-Exempt Status Of Private Schools Which Practice Racial Discrimination Due To Religious Belief, Since These Schools Are Not Charitable, And Revocation Does Not Violate The Free Exercise Or The Establishment Clauses Of The First Amendment, James R. Malone Jr.

Villanova Law Review (1956 - )

No abstract provided.

Defining The Scope Of State Sovereignty Under The Tenth Amendment: A Structural Approach, 34 Depaul L. Rev. 163 (1984), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

No abstract provided.

Religion As A Concept In Constitutional Law, Kent Greenawalt

Faculty Scholarship

Because federal and state constitutions forbid government from infringing upon religious liberty or supporting religion, courts must sometimes decide whether a claim, activity, organization, purpose, or classification is religious. In most cases arising under these religion clauses, the religiousness of an activity or organization will be obvious. However; when the presence of religion is seriously controverted, the threshold question, "defining religion," becomes important. Most courts have prudently eschewed theoretical generalizations in approaching that question. Academic commentators have struggled to startlingly diverse proposals.

This Article suggests that in both free exercise and establishment cases, courts should decide whether something is religious …

Constitutional Law As Moral Philosophy, Gerard E. Lynch

Faculty Scholarship

The seemingly inexhaustible debate over the proper role of the Supreme Court in constitutional adjudication concerns an issue of enormous practical importance: whether the Court has or should have the power to overturn the decision of a democratically elected legislature to, say, prohibit abortions, affects not only the allocation of significant political power, but also the moral lives and indeed the very bodies of millions of citizens. For this reason, many contributions to that debate, from academics as well as from practicing politicians, have burned with the passion of political commitment, seeking to influence events directly by persuading judges (or …

Rethinking Selective Enforcement In The First Amendment Context, Karl S. Coplan

Elisabeth Haub School of Law Faculty Publications

This Note argues for the use of a balancing-of-interests approach in place of the current two-part test when enforcement policies are challenged on first amendment grounds. The Note begins by explaining the current two-part test and analyzing how it conflicts with other first amendment doctrines. Next, an inquiry into the development of current law reveals that the origins of both the selective prosecution defense and its motive requirement lie in equal protection review of administrative action. These roots suggest a defect in the application of an equal protection test in place of a direct application of the first amendment. The …