Digital Commons Network^™

S. R. Davis' Review Of Bruce W. Hodgins, Don Wright, And W. H. Heick's Federalism In Canada And Australia: The Early Years, S. R. Davis

Pacific Studies

No abstract provided.

Havalunch V. Mazza--The Scrambling Of Constitutional And Common Law Defamation Analysis In West Virginia, W. Martin Harrell

West Virginia Law Review

No abstract provided.

Punishment And Juvenile Justice: A Conceptual Framework For Assessing Constitutional Rights Of Youthful Offenders, Martin R. Gardner

Vanderbilt Law Review

This Article attempts to provide an analytical framework for identifying the punitive aspects of the juvenile justice system. The Article proposes a framework that is extrapolated from Supreme Court cases which define punishment in contexts outside the juvenile area. Several commentators have criticized the Court's definitional efforts, some because of perceived inadequacies in the developed definitions, others because of the belief that the very enterprise of defining constitutional rights in terms of the presence or absence of punishment is misguided . Although many of these criticisms of the Court's record are understandable, the alleged defects are less detrimental to an …

Stone V. Powell And The Effective Assistance Of Counsel, Michigan Law Review

Michigan Law Review

Part I briefly identifies the considerations underlying the Stone Court's decision to limit habeas corpus review of fourth amendment claims. Part II then argues against applying Stone to the sixth amendment claim. After establishing the analytic difference between the two constitutional claims and examining Stone's "opportunity for full and fair litigation" standard, it concludes that Stone is fully consistent with free review of habeas corpus petitions alleging incompetent handling of fourth amendment questions. Finally, responding to a popular interpretation of Stone, Part II demonstrates that the possibility that ineffectiveness claims may not further the determination of a defendant's …

Valley Forge Christian College V. Americans United For Separation Of Church And State, Inc.: Citizen And Taxpayer Standing Under The Establishment Clause Revisited, Bradley M. Bole

Florida State University Law Review

No abstract provided.

The Scope Of The All Writs Power, Robert T. Mann

Florida State University Law Review

No abstract provided.

Nineteenth Century Interpretations Of The Federal Contract Clause: The Transformation From Vested To Substantive Rights Against The State, James L. Kainen

Buffalo Law Review

No abstract provided.

Applying Criticisms Of The Warren Court To The Burger Court: A Case Study Of Richmond Newspapers, Inc. V. Virginia, Erwin O. Switzer

University of Arkansas at Little Rock Law Review

No abstract provided.

The Constitutional Rights Of Students At Center Stage: Freedom Of Speech In School-Sponsored Plays, David E. Long

Buffalo Law Review

No abstract provided.

Defense Of The Civilly Disobedient, Deborah Greenblatt

North Carolina Central Law Review

No abstract provided.

Double Jeopardy And Federal Prosecution After State Jury Acquittal, Michigan Law Review

Michigan Law Review

This Note argues that the rationale of the Supreme Court's post-conviction cases cannot be extended to cases involving jury acquittal and that federal reprosecution after state jury acquittal violates the double jeopardy clause. One can give meaning to the clause, Part Iexplains, only by reference to its underlying constitutional values.Part II suggests that these values, while possibly compatible with federal prosecution after a state conviction, cannot countenance reprosecution after a jury acquittal. Part III proposes that courts determine whether such reprosecution is appropriate by applying the Blockhurger same offense standard: Two offenses are the same unless each requires proof of …

How Judges Speak: Some Lessons On Adjudication In Billy Budd, Sailor With An Application To Justice Rehnquist, Richard H. Weisberg

Articles

The article examines how authority figures use language and procedural structures to shape outcomes in both literary and legal contexts, highlighting the tension between formal legal processes and true justice. Through a comparative analysis of Herman Melville's Billy Budd, Sailor and the Supreme Court case Paul v. Davis, the article argues that "considerate communication"—a subtle form of manipulation—can distort reality and undermine fairness in adjudication. It critiques legal systems that prioritize formality over substance, emphasizing how narrative techniques and rhetorical strategies in both literature and law can mask subjective biases and influence decisions.

The Media In The Courtroom: Attending, Reporting, Televising Criminal Cases, Paul Marcus

Faculty Publications

No abstract provided.

Constitutional Limitations On Governmental Participation In Downtown Development Projects, David M. Lawrence

Vanderbilt Law Review

The purpose of this Article is to investigate the constitutional boundaries that surround the most common forms of governmental participation. Part II of the Article discusses the constitutional limitations on property transactions in which the government either uses its power of eminent domain to condemn land for private downtown development, acquires land for the same purpose through a voluntary sale by the owner of the land, or subsidizes private development by its method of conveying property to the developer. Part III of the Article then discusses the problems that arise when a downtown project includes both public and private facilities, …

A Critique Of John Hart Ely's Quest For The Ultimate Constitutional Interpretivism Of Representative Democracy, James E. Fleming

Michigan Law Review

A Review of Democracy and Distrust: A Theory of Judicial Review by John Hart Ely

A Critique Of John Hart Ely's Quest For The Ultimate Constitutional Interpretivism Of Representative Democracy, James E. Fleming

Faculty Scholarship

Contemporary constitutional theory, John Hart Ely argues in Democracy and Distrust, is dominated by a false dichotomy between "clause-bound interpretivism" and "noninterpretivism." Clausebound interpretivists, such as the late Justice Hugo Black, believe that "judges deciding constitutional issues should confine themselves to enforcing norms that are stated or clearly implicit in the written Constitution" (p. 1). Noninterpretivists, such as the Supreme Court that produced the majority opinion in Roe v. Wade,2 contend that "courts should go beyond that set of references and enforce [substantive] norms that cannot be discovered within the four comers of the document" (p. 1). The genius of …

The Scope Of Section 1985(3) In Light Of Great American Federal Savings And Loan Association V. Novotny: Too Little Too Late?, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.

Mandatory Retirement And The Constitution: Challenging The Factual Basis Underlying Legislative Classifications, Vernon Townes Grizzard

Florida State University Law Review

No abstract provided.

Is The President Bound By The Supreme Law Of The Land--Foreign Affairs And National Security Reexamined, Jordan J. Paust

UC Law Constitutional Quarterly

No abstract provided.

Constitutional Criminal Procedure, Thomas E. Baker

Faculty Publications

This article discusses decisions of the new Eleventh Circuit and also decisions of the former Fifth Circuit, some of which are binding precedents for the new court. By way of introduction, the title Constitutional Criminal Procedure deserves amplification. Related criminal law topics not within the scope of this article include the following: the substantive law of crimes; non constitutional aspects of the Federal Rules of Evidence; non constitutional aspects of the Federal Rules of Criminal Procedure; procedural aspects of habeas corpus; sentencing; prisoners' rights; and civil rights suits alleging constitutional deprivations.

The Constitutional Limitations On State Choice Of Law: Due Process, Ralph U. Whitten

UC Law Constitutional Quarterly

No abstract provided.

The Assertion Of Constitutional Jus Tertii: A Substantive Approach, Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.

Constitutional Law - Commerce Clause - State Taxation Of Interstate Commerce - Supremacy Clause, Comfrey Scott Ickes

Duquesne Law Review

The United States Supreme Court has upheld the constitutionality of the Montana coal severance tax finding that it does not violate the Commerce Clause and that it is not inconsistent with federal legislation.

Commonwealth Edison Company v. Montana, 453 U.S. 609 (1981).

Constitutional Law - Fifth Amendment - Due Process - Equal Protection - Sex Discrimination, Michael B. Sedlock

Duquesne Law Review

The United States Supreme Court has held that enactment of a male-only draft registration requirement does not violate the equal protection component of the fifth amendment due process clause.

Rostker v. Goldberg, 453 U.S. 57 (1981).

Crumbling Wall Between Church And State: Attorney General Supervision Of Religious Corporations In California, Erin M. Ryan

UC Law Constitutional Quarterly

No abstract provided.

California's Nuclear Power Regulations: Federal Preemption, Dan M. Berkovitz

UC Law Constitutional Quarterly

No abstract provided.

Constitution, Congress, And Court: On The Theory, Law, And Politics Of Appellate Jurisdiction Of The United States Supreme Court, Leland E. Beck

UC Law Constitutional Quarterly

No abstract provided.

The Court Stripping Bills: Their Impact On The Constitution, The Courts, And Congress, Max Baucus, Kenneth R. Kay

Villanova Law Review (1956 - )

No abstract provided.

Involuntary Commitment: The Move Toward Dangerousness, 15 J. Marshall L. Rev. 83 (1982), Robert Weissbourd

UIC Law Review

No abstract provided.

Survey Of Developments In West Virginia Law: 1981

West Virginia Law Review

No abstract provided.