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Articles 13501 - 13530 of 15643
Full-Text Articles in Entire DC Network
"Property Rights" In Constitutional Analysis Today, James L. Oakes
"Property Rights" In Constitutional Analysis Today, James L. Oakes
Washington Law Review
The concept of "property rights" in Supreme Court constitutional analysis today is in flux. It has been and is undergoing change—a change more rapid than those of us who have concentrated our attention on other personal rights can imagine. That this process of change raises anew some fundamental issues of justice is not surprising; the institution of property has always done so. Perhaps the change is simply a swing of the pendulum, as the quote from Justice Frankfurter suggests: individual "property rights" assume greater importance as a state moves toward a laissez-faire economy or away from a regulated one; they …
Constitutional Law—Balancing Test In Durational Residence Equal Protection Analysis—Williams V. Zobel, 619 P.2d 448 (Alaska 1980), Prob. Juris. Noted, 101 S. Ct. 1344 (1981), E. Thaddeus Lewis
Washington Law Review
This note analyzes the Zobel II opinion and concludes that it was correctly decided both under the two-tier analysis employed by the United States Supreme Court and the balancing approach adopted by the Alaska court. Since this case is before the United States Supreme Court on appeal, this note urges the Court to adopt the Alaska balancing test for durational residence equal protection cases as a replacement for the traditional two-tier analysis.
Constitutional Law—Balancing Test In Durational Residence Equal Protection Analysis—Williams V. Zobel, 619 P.2d 448 (Alaska 1980), Prob. Juris. Noted, 101 S. Ct. 1344 (1981), E. Thaddeus Lewis
Washington Law Review
This note analyzes the Zobel II opinion and concludes that it was correctly decided both under the two-tier analysis employed by the United States Supreme Court and the balancing approach adopted by the Alaska court. Since this case is before the United States Supreme Court on appeal, this note urges the Court to adopt the Alaska balancing test for durational residence equal protection cases as a replacement for the traditional two-tier analysis.
Arizonia V. Maricopa County Medical Society, Lewis F. Powell Jr.
Arizonia V. Maricopa County Medical Society, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Rogers V. Lodge, Lewis F. Powell Jr.
Nixon V. Fitzgerald, Lewis F. Powell Jr.
Nixon V. Fitzgerald, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Widmar V. Vincent, Lewis F. Powell Jr.
Washington V. Seattle School District No. 1, Lewis F. Powell Jr.
Washington V. Seattle School District No. 1, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Globe Newspaper Co. V. Superior Court For The County Of Norfolk, Lewis F. Powell Jr.
Globe Newspaper Co. V. Superior Court For The County Of Norfolk, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Valley Forge Christian College V. Americans United For Separation Of Church And State, Inc., Lewis Powell Jr.
Valley Forge Christian College V. Americans United For Separation Of Church And State, Inc., Lewis Powell Jr.
Supreme Court Case Files
No abstract provided.
Mills V. Rogers, Lewis Powell Jr.
North Haven Board Of Education V. Bell, Lewis Powell Jr.
North Haven Board Of Education V. Bell, Lewis Powell Jr.
Supreme Court Case Files
No abstract provided.
Board Of Education Of The Hendrick Hudson Central School District, Westchester County V. Rowley, Lewis F. Powell Jr.
Board Of Education Of The Hendrick Hudson Central School District, Westchester County V. Rowley, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Heffron V. International Society For Krishna Consciousness, Inc., 101 S. Ct. 2559 (1981), Jaime L. Wallace
Heffron V. International Society For Krishna Consciousness, Inc., 101 S. Ct. 2559 (1981), Jaime L. Wallace
Florida State University Law Review
Constitutional Law-FREEDOM OF SPEECH-CONTINUED EROSION OF A FUNDAMENTAL RIGHT
Social Order And The Limits Of Law: A Theoretical Essay, Arthur S. Miller
Social Order And The Limits Of Law: A Theoretical Essay, Arthur S. Miller
Vanderbilt Law Review
Professor Jenkins maintains that Americans demand that "the law solve all of [their] problems and secure all of [their] purposes." The result is that we "so overload the legal apparatus that it short circuits, creating a spectacular display of fireworks but affecting nothing save its own wreckage."' That assertion, even if only partially accurate, merits close and continuing attention. Jenkins' analysis of that hypothesis--that proposition-is at once thought-provoking and illuminating. We are all in his debt for having written such a challenging book, even though I have some fundamental disagreements with how he develops that theme. Jenkins' work is a …
"Deprogramming": From The Defense Counsel's Perspective, Albert R. Vermeire
"Deprogramming": From The Defense Counsel's Perspective, Albert R. Vermeire
West Virginia Law Review
We begin with the proposition that the right of freedom of thought protected by the First Amendment against State action includes both the right to speak freely and the right to refrain from speaking at all. A system which secures the right to proselytize religious, political and ideological causes must also guarantee the concomitant right to decline to foster such concepts. The right to speak and the right to refrain from speaking are complementary components of the broader concept of 'individual freedom of mind.' Anguished parents and sympathetic judges; concerned attorneys and psychologists; reality-inducing therapists, police officers and adult or …
The Courts And The 1980 Census Challenges: Tailoring Rights To Fit Remedies, David B. Tachau
The Courts And The 1980 Census Challenges: Tailoring Rights To Fit Remedies, David B. Tachau
University of Michigan Journal of Law Reform
This Note thus presents a vivid illustration of how the recognition of legal rights sometimes may depend wholly upon the efficacy of awarding relief. Parts I and II survey the 1980 census challenges and explore whether the 1980 litigants presented sound grievances. Part III argues that the 1980 census challengers may have failed because the reviewing courts could envision no feasible remedies for their injuries, and not because the challengers presented flawed legal and constitutional arguments. Finally, part IV criticizes the courts for dismissing the census challenges without confronting or acknowledging the gravity of the constitutional injuries threatened by census …
Render Unto Caesar: An Essay On Private Morals And Public Law, W. Christopher Barrier
Render Unto Caesar: An Essay On Private Morals And Public Law, W. Christopher Barrier
University of Arkansas at Little Rock Law Review
No abstract provided.
Judicial Review Of Administrative Determination Of "Reason To Believe", Arthur J. Volkle
Judicial Review Of Administrative Determination Of "Reason To Believe", Arthur J. Volkle
William & Mary Law Review
No abstract provided.
The Constitutionality Of The Legislative Veto, Douglas B. Habig
The Constitutionality Of The Legislative Veto, Douglas B. Habig
William & Mary Law Review
No abstract provided.
The Consultation Clause Of The 1973 War Powers Resolution, Laurence D. Pierce
The Consultation Clause Of The 1973 War Powers Resolution, Laurence D. Pierce
Antioch Law Journal
In 1973, Congress enacted the War Powers Resolution.' The purpose of the Resolution was "to fulfill the intent of the framers of the Constitution of the United States and insure that the collective judgment of both the Congress and the President will apply to the introduction of United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances .... 2 Part I of this comment examines the legislative evolution of the consultation clause to ascertain the intent of those congressional members who drafted and ratified the War Powers Resolution. Part II …
Fullilove V. Klutznick: Do Affirmative Action Plans Require Congressional Authorization?
Fullilove V. Klutznick: Do Affirmative Action Plans Require Congressional Authorization?
Washington and Lee Law Review
No abstract provided.
Full Faith And Credit, More Or Less, To Judgments: Doubts About Thomas V. Washington Gas Light Co., Stewart E. Sterk
Full Faith And Credit, More Or Less, To Judgments: Doubts About Thomas V. Washington Gas Light Co., Stewart E. Sterk
Articles
Workmen's compensation awards, decrees of administrative tribunals rather than courts, present the question of how far the mandate of the full faith and credit clause should reach and whether the clause should bar a claimant from pursuing supplemental compensation in a second state. Recently, in Thomas v. Washington Gas Light Co., the Supreme Court decided that full faith and credit should not prevent a claimant from obtaining supplemental compensation. Professor Sterk criticizes the Court's analysis, demonstrating the Thomas Court's neglect of the federal interests that the clause should protect. After examining the clause and its policy underpinnings, Professor Sterk …
Graham V. Estuary Properties, Inc., 399 So.2d 1374 (Fla. 1981), Anthony E. Diresta
Graham V. Estuary Properties, Inc., 399 So.2d 1374 (Fla. 1981), Anthony E. Diresta
Florida State University Law Review
Environmental Regulation/Constitutional Law-"TAKING" JURISPRUDENCE AND ITS APPLICATION TO REGULATIONS OF SENSITIVE ECOLOGICAL ENVIRONMENTS
The Dawn's Early Light: The Contributions Of John Hart Ely To Constitutional Theory, Stanley Conrad Fickle
The Dawn's Early Light: The Contributions Of John Hart Ely To Constitutional Theory, Stanley Conrad Fickle
Indiana Law Journal
No abstract provided.
James Madison And The Burger Court: Converging Views Of Church-State Separation, Patricia E. Curry
James Madison And The Burger Court: Converging Views Of Church-State Separation, Patricia E. Curry
Indiana Law Journal
No abstract provided.
An Examination Of The Purposes Of Involuntary Civil Commitment, John Q. La Fond
An Examination Of The Purposes Of Involuntary Civil Commitment, John Q. La Fond
Buffalo Law Review
No abstract provided.
The Paradoxes Of Judicial Review In A Constitutional Democracy, Russell L. Caplan
The Paradoxes Of Judicial Review In A Constitutional Democracy, Russell L. Caplan
Buffalo Law Review
No abstract provided.
Griffin V. California: Still Viable After All These Years, Craig M. Bradley
Griffin V. California: Still Viable After All These Years, Craig M. Bradley
Michigan Law Review
In a recent article in the Michigan Law Review, Donald Ayer levels a series of attacks on the Griffin decision. Specifically, he maintains that the decision is at once too broad, because it requires "almost automatic reversal where there are any remarks explicitly focused on the defendant's silence and the inference of guilt to be drawn from it" regardless of the strength of the prosecution's case, and too narrow, because it fails to prevent the natural prejudice against the nontestifying defendant that may arise in the minds of the jurors without any encouragement from prosecutor or judge. Ayer also …
Toward Procedural Parity In Constitutional Litigation, Burt Neuborne
Toward Procedural Parity In Constitutional Litigation, Burt Neuborne
William & Mary Law Review
No abstract provided.