Digital Commons Network^™

Recent Developments: Unconstitutional Sex-Based Mortality Tables, Robert J. Farley

University of Baltimore Law Forum

No abstract provided.

Constitutional Review Of Building Codes And Zoning Ordinances Applied To Parochial Schools: City Of Sumner V. First Baptist Church, Philip R. Meade

Seattle University Law Review

The First Baptist Church court should not have required strict scrutiny of either the building code or the zoning ordinance applications. In reaching its decision, the court incorrectly analyzed Supreme Court decisions construing the free exercise clause, and drew mistaken parallels between the two Sumner ordinances and laws that the Supreme Court has identified as burdening religious freedom. The court should have distinguished between generally applicable laws such as Sumner's building code and zoning ordinance that, in regulating the peripheral aspects of religious conduct, incidentally make a religious practice less convenient or more expensive, and laws that effectively penalize the …

Managing The Supreme Court's Workload, Arthur J. Goldberg

UC Law Constitutional Quarterly

No abstract provided.

The Proposed Intercircuit Tribunal: Do We Need It--Will It Work, Arthur D. Hellman

UC Law Constitutional Quarterly

No abstract provided.

Increasing Uniformity And Capacity In The Federal Appellate System, Todd E. Thompson

UC Law Constitutional Quarterly

No abstract provided.

In Re Estate Of Wilson: Constitutional And Trust Law Tests For The Validity Of Gender-Restricted Scholarship Trusts, Loren E. Hillberg

UC Law Constitutional Quarterly

No abstract provided.

Third Party Standing, Henry Paul Monaghan

Faculty Scholarship

Traditional constitutional theory posits a narrow conception of the issues that a litigant properly may assert. A litigant may invoke only his own constitutional rights or immunities; he may challenge a statute only in the terms in which it is applied to him; and, in the application process, courts have broad power to construe the relevant statutory language so as to avoid constitutional difficulties. The Yazoo case is perhaps the best known example of judicial adherence to these canons. There, a railroad claimed that a statute mandating speedy settlement of "all claims for lost or damaged freight" contravened the fourteenth …

Privacy And The Sex Bfoq: An Immodest Proposal, Carolyn S. Bratt

Law Faculty Scholarly Articles

Since the adoption of Title VII of the Civil Rights Act of 1964, courts have been called upon to determine whether an employer can avoid liability for refusing to hire employees of one sex by invoking the privacy rights of its customers. Two recent court decisions are illustrative of the question and its resolution. In Backus v. Baptist Medical Center, the defendant employer's policy of excluding male nurses from the labor and delivery section of its obstetrics and gynecology department was challenged. The defendant established that most of the duties of a labor and delivery nurse involve exposure to …

Incest Statutes And The Fundamental Right Of Marriage: Is Oedipus Free To Marry?, Carolyn S. Bratt

Law Faculty Scholarly Articles

The U.S. Supreme Court has found that the right to marry is a constitutionally protected right. That right is restricted, however, by state incest statutes which impede marriage between adults by making some choices of a marriage partner illegal. The constitutional validity of modern state incest statutes is difficult to analyze because of shifting definitions, reflexive fears, ambivalent attitudes, and underlying facile generalizations.

The mere word "incest" triggers strong feelings of revulsion in most people. Therefore, any a priori labeling of a marriage as incestuous tends to preclude objective thought about the permissibility of the particular form of the marriage …

Sexual Equality, The Equal Protection Clause, And The Era, Phyllis N. Segal

Buffalo Law Review

No abstract provided.

The Individual, Community And Society: Rights And Responsibilities From An Anthropological Perspective, Colin M. Turnbull

Washington and Lee Law Review

No abstract provided.

A Novel Approach To Warrantless Seizures Of The Home: Inspirational Or Aberrational Law?

Washington and Lee Law Review

No abstract provided.

Illinois V. Gates: Broadening The Standard For Determining Probable Cause Based On Informants' Tips

Washington and Lee Law Review

No abstract provided.

Spinning The Legislative Veto, Girardeau A. Spann

Georgetown Law Faculty Publications and Other Works

I am delighted to have been given the opportunity to comment on Judge Breyer's proposal for a fast-track substitute to the legislative veto. Although the Supreme Court invalidated the legislative veto device in INS v. Chadha, Judge Breyer's proposal demonstrates that innovative thinking may well permit those with enough determination to circumvent the apparent effect of the Court's decision. Even more important, the proposal illustrates why such circumvention is possible.

As a doctrinal matter, the legislative veto poses a real dilemma--one that is rooted in fundamental uncertainty about the proper relationship between the Supreme Court and the elected branches of …

Deconstructing The Legislative Veto, Girardeau A. Spann

Georgetown Law Faculty Publications and Other Works

On June 23, 1983, the Supreme Court invalidated more federal statutes in a single day than it had in all of its prior history. In so doing, the Court also dramatically altered the allocation of governmental power between Congress and the President. At least that is how the press viewed the significance of INS v. Chadha, the decision invalidating the legislative veto device on which Congress had come to rely as an expedient method of controlling the exercise of executive discretion. Whether or not the hyperbole proves to have been warranted, the decision does possess a certain intrigue-it is not …

How Useful Is Judicial Review In Free Speech Cases?, Robert F. Nagel

Publications

No abstract provided.

Toward A Constitutional Framework For The Control Of State Court Jurisdiction, Robert H. Abrams

Journal Publications

No abstract provided.

Freedom Of Association After Roberts V. United States Jaycees, Douglas O. Linder

Faculty Works

No abstract provided.

The Constitutionality Of Section 9-504(3) Of The Uniform Commercial Code: A Question Of State Action And Procedural Due Process, Abe Rappaport

Cardozo Law Review

No abstract provided.

The Federal Court Across The Street: Constitutional Limits On Federal Court Assertions Of Personal Jurisdiction, Pamela J. Stephens

University of Richmond Law Review

Twenty years ago, in a clear break with accepted theory, it was suggested that there were certain constitutional limitations on a federal court's authority to exercise personal jurisdiction. Such a departure from the traditional view might be expected to prompt an extensive examination of that issue by commentators. However, while assertions of personal jurisdiction by state courts have been the subject of intense scrutiny and ongoing constitutional refinements, this has not been the case regarding assertions of personal jurisdiction by federal courts. Generally, federal district courts sitting in diversity cases must look to personal jurisdiction limitations inherent in the state …

Substantive Due Process And The Scope Of Constitutional Torts, Michael L. Wells, Thomas A. Eaton

Scholarly Works

The thesis of this Article is that both the Supreme Court and its critics have failed to identify and confront the central issue presented by these due process constitutional tort cases. That issue is neither procedural fairness nor the choice between state and federal courts. It is deciding whether a government-inflicted injury to life, liberty, or property violates the substantive protections of the due process clauses and thereby warrants a constitutionally derived tort remedy. In Part II of this Article we examine the Supreme Court's decisions in this area, focusing primarily on Parratt v. Taylor. We demonstrate that neither Parratt …

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

Faculty Scholarship

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.

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

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Fifth Amendment Privilege And Documents--Cutting Fisher's Tangled Line, Robert Heidt

Articles by Maurer Faculty

No abstract provided.

The Separation Of Governmental Powers Under The Constitution Of Kentucky: A Legal And Historical Analysis Of L.R.C. V. Brown, Sheryl G. Snyder, Robert M. Ireland

Kentucky Law Journal

No abstract provided.

Press Privacy And Malice: Reflections On New York Times Co. V. Sullivan, Irving R. Kaufman

Cardozo Law Review

No abstract provided.

Legislative Formality, Administrative Rationality, Harold H. Bruff

Publications

No abstract provided.

On Complaining About The Burger Court, Robert F. Nagel

Publications

No abstract provided.

Davis V. Scherer, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Pennhurst State School And Hospital V. Halderman, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.