Digital Commons Network^™

Pretrial Bail: A Deprivation Of Liberty Or Property With Due Process Of Law

Washington and Lee Law Review

No abstract provided.

Free Speech, Initiative And Property Rights In Conflict—Four Alternatives To The State Action Requirement In Washington—Alderwood Associates V. Washington Environmental Council, 96 Wn. 2d 230, 635 P.2d 108 (1981), James R. Spady

Washington Law Review

This Note reviews the legal background of the Alderwood controversy, summarizes the court's opinions and analyzes the approaches taken by the plurality and concurrence. It argues that Alderwood reached the correct result, but concludes that neither the plurality nor the concurring opinion provides a satisfactory justification for that result. Two superior alternatives are proposed: (1) direct balancing, in which the state action requirement is explicitly abandoned; and (2) the traditional public function doctrine, in which the state action requirement is retained, but with an exception for private property performing a "traditional public function."

The Role Of Economic Analysis In Legal Education, Ernest Gellhorn, Glen O. Robinson

Journal of Legal Education

No abstract provided.

M.K. Rubinstein V. Chairman Of The Knesset, Shlomo Levin, Yitzhak Kahan, Aharon Barak, J. Sheinbaum, Meir Shamgar

Translated Opinions

The Elections Financing Law set limitations on the amounts which the various party groups were allowed to spend. as a condition of their obtaining public funding of their election expenses. A party that exceeded the established amounts, was denied part of such public funding. to an extent determined by the degree of such excess.

In the course of the elections for the tenth Knesset, in 1981, several party groups exceeded these limits, some by substantial amounts After the elections, the Knesset amended the above Law, retroactively, raising the allowable spending limits and reducing the sanctions applicable to those parties which …

Equity, Due Process And The Seventh Amendment: A Commentary On The Zenith Case, Patrick Devlin

Michigan Law Review

The seventh amendment to the United States Constitution requires that "[i]n Suits at common law . . . the right of trial by jury shall be preserved." What exactly is a suit at common law? When the amendment was enacted in 1791, there was no law that was common to all the states. In 1812 Supreme Court Justice Story, in a Circuit Court ruling, held that the common law alluded to was the common law of England, "the grand reservoir of all of our jurisprudence." This means that when today an American judge has to decide whether in any set …

Florida Defamation Law And The First Amendment: Protecting The Reputational Interests Of The Private Individual, Joseph Kent Brown

Florida State University Law Review

No abstract provided.

Ostendorf V. Turner, 7 Fla. L.W. 553 (December 16, 1982), D. Michael Lins

Florida State University Law Review

Florida Constitutional Law-HOMESTEAD TAX EXEMPTION-ALL RESIDENT HOMEOWNERS ARE TO RECEIVE THE ENHANCED EXEMPTION

Confessions, Steven P. Mcgowan

West Virginia Law Review

No abstract provided.

In Defense Of The Fourth Amendment Exclusionary Rule—A Reply To Attorney General Smith, John Wesley Hall Jr.

University of Arkansas at Little Rock Law Review

No abstract provided.

Old Macdonald (Inc.) Has A Farm... Maybe Or Nebraska's Corporate Farm Ban: Is It Constitutional, Roger D. Colton

University of Arkansas at Little Rock Law Review

No abstract provided.

Due Process And Commerce Clause Considerations Under The West Virginia Business And Occupation And Carrier Income Taxes--J.C. Penney To Milacron, Robert G. Lathrop

West Virginia Law Review

No abstract provided.

Interpreting This Constitution: The Unhelpful Contributions Of Special Theories Of Judicial Review, William W. Van Alstyne

Faculty Publications

This paper examines several different theories surrounding judicial review and finds many of these theories lacking. Modern trends of literal interpretations and precise language have removed the optimistic nature of Constitutional language and is largely responsible for the hesitancy of other nations to adopt a supreme constitution.

Congress, The Constitution, And The Appellate Jurisdiction Of The Supreme Court: The Letter And The Spirit Of The Exceptions Clause, Ralph A. Rossum

William & Mary Law Review

No abstract provided.

The Virginia Freedom Of Information Act: Inadequate Enforcement, Eleanor Barry Knoth

William & Mary Law Review

No abstract provided.

Habeas Corpus: Its History And Its Future, Charles Alan Wright

Michigan Law Review

A Review of A Constitutional History of Habeas Corpus by William F. Duker

Berger's Defense Of The Death Penalty: How Not To Read The Constitution, Hugo Adam Bedau

Michigan Law Review

A Review of Death Penalties: The Supreme Court's Obstacle Course by Raoul Berger

Governmental Secrecy And The Founding Fathers: A Study In Constitutional Controls, Michigan Law Review

Michigan Law Review

A Review of Governmental Secrecy and the Founding Fathers: A Study in Constitutional Controls by Daniel N. Hoffman

Making Noninterpretivism Respectable: Michael J. Perry's Contributions To Constitutional Theory, Richard B. Saphire

Michigan Law Review

A Review of The Constitution, The Courts, and Human Rights: An Inquiry into the Legitimacy of Constitutional Policymaking by the Judiciary by Michael J. Perry

Empty History, Erwin Chermerinsky

Michigan Law Review

A Review of Politics and the Constitution in the History of the United States, Volume 3: The Political Background of the Federal Convention by William Winslow Crosskey and William Jeffrey, Jr.

State Constitutional Law Processes, Robert F. Williams

William & Mary Law Review

No abstract provided.

Equal Divisions In The Supreme Court: History, Problems, And Proposals, William L. Reynolds, Gordon G. Young

Faculty Scholarship

No abstract provided.

The Origins Of Freedom Of Speech And Press, David S. Bogen

Faculty Scholarship

No abstract provided.

Ryan V. Town Of Manalapan, 414 So. 2d 193 (Fla. 1982), Thomas Conrad

Florida State University Law Review

Constitutional Law/Property-RESTRICTIVE COVENANTS: DO THEY APPLY TO PUBLIC BODIES?

Article Iii Versus Bankruptcy Judges And Magistrates -- A Partial Triumph Of Principles Of Separation Of Powers Over The Pragmatism Of Docket Congestion, William Vandercreek

Florida State University Law Review

No abstract provided.

Showdown Over The California Showup, Catherine A. Rivlin

UC Law Constitutional Quarterly

No abstract provided.

The Supreme Court's Second Thoughts: Remands For Reconsideration And Denials Of Review In Cases Held For Plenary Decisions, Arthur D. Hellman

UC Law Constitutional Quarterly

No abstract provided.

Attorney's Fees Under The Civil Rights Act - A Time For Change, 16 J. Marshall L. Rev. 261 (1983), Robert W. Fioretti, James J. Convery

UIC Law Review

No abstract provided.

Judicial Scrutiny In Public Forum Cases: Misplaced Trust In The Judgment Of Public Officials, David Goldberger

Buffalo Law Review

No abstract provided.

State V. Stanley Exclusion Of Statements Made By Illegally Seized Suspects, Rebecca L. Stepto

West Virginia Law Review

No abstract provided.

Toward A Common Law For Undercover Investigations - A Book Review Of Abscam Ethics: Moral Issues And Deception In Law Enforcement, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.