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Articles 13561 - 13590 of 15641
Full-Text Articles in Entire DC Network
Stanley Forman Reed: Perspectives On A Judicial Epitaph, Morgan D. S. Prickett
Stanley Forman Reed: Perspectives On A Judicial Epitaph, Morgan D. S. Prickett
UC Law Constitutional Quarterly
No abstract provided.
The Price-Anderson Act: A Constitutional Meltdown Of Tort Liability, Berndt Ingo Brauer
The Price-Anderson Act: A Constitutional Meltdown Of Tort Liability, Berndt Ingo Brauer
UC Law Constitutional Quarterly
No abstract provided.
Erosion Of Official Immunity Of Personnel Supervisors In The Public Sector, C. Akin Blitz
Erosion Of Official Immunity Of Personnel Supervisors In The Public Sector, C. Akin Blitz
UC Law Constitutional Quarterly
No abstract provided.
Reliance On State Constitutions--Away From A Reactionary Approach, Ronald K. L. Collins
Reliance On State Constitutions--Away From A Reactionary Approach, Ronald K. L. Collins
UC Law Constitutional Quarterly
No abstract provided.
Constitutional Law - Gender-Based Discrimination - Separation Of Powers - The Total Exclusion Of Women From The Military Selective Service Act Does Not Violate Due Process, Elizabethanne M. Dilworth
Constitutional Law - Gender-Based Discrimination - Separation Of Powers - The Total Exclusion Of Women From The Military Selective Service Act Does Not Violate Due Process, Elizabethanne M. Dilworth
Villanova Law Review (1956 - )
No abstract provided.
Constitutional Law - Governmental Appeal Of Criminal Sentence Is Not Unconstitutional As Violative Of The Double Jeopardy Clause, Brian L. Lincicome
Constitutional Law - Governmental Appeal Of Criminal Sentence Is Not Unconstitutional As Violative Of The Double Jeopardy Clause, Brian L. Lincicome
Villanova Law Review (1956 - )
No abstract provided.
Labor Law - Secondary Picketing - Buy Local Campaign At A Netural Business Violates Section 8(B)(4) Of The National Labor Relations Act, W. James Mckay
Labor Law - Secondary Picketing - Buy Local Campaign At A Netural Business Violates Section 8(B)(4) Of The National Labor Relations Act, W. James Mckay
Villanova Law Review (1956 - )
No abstract provided.
Preconstitutional Rule, Richard Kay
Toward A Proper Constitutional Approach To The One-House Legislative Veto: Atkins And Chadha, June K. Ghezzi
Toward A Proper Constitutional Approach To The One-House Legislative Veto: Atkins And Chadha, June K. Ghezzi
Loyola University Chicago Law Journal
No abstract provided.
Exclusionary Land Use Controls And The Takings Issue, Robert R. Wright
Exclusionary Land Use Controls And The Takings Issue, Robert R. Wright
UC Law Constitutional Quarterly
No abstract provided.
A Rationale For An Exception To The Seventh Amendment Right To A Jury Trial: In Re Japanese Electronic Products Antitrust Litigation, Frank M. Loo
Cleveland State Law Review
This Article will analyze the Third Circuit's decision and reasoning in Japanese Electronic, in light of the pervasiveness of the seventh amendment right to a jury trial, and argue that exceptions to the seventh amendment exist, not in spite of, but precisely due to the overriding need for procedural due process. The thesis of this Article is that exceptions to the jury trial right should be permitted, and such exceptions are consistent with this right. The Article will focus especially on the Third Circuit's construction of a three-part test, and will examine an alternative basis for finding an exception to …
Civil Procedure–Quasi-In-Rem Jurisdiction–Attachment Of Insurer's Obligation To Nonresident Defendant (Seider Rule) Unconstitutional, Mary L. Harmon
Civil Procedure–Quasi-In-Rem Jurisdiction–Attachment Of Insurer's Obligation To Nonresident Defendant (Seider Rule) Unconstitutional, Mary L. Harmon
University of Arkansas at Little Rock Law Review
No abstract provided.
A Critique Of The Abortion Funding Decisions: On Private Rights In The Public Sector, Leslie Friedman Goldstein
A Critique Of The Abortion Funding Decisions: On Private Rights In The Public Sector, Leslie Friedman Goldstein
UC Law Constitutional Quarterly
No abstract provided.
Shifting Burdens In Criminal Law: A Burden On Due Process, Vivian Deborah Wilson
Shifting Burdens In Criminal Law: A Burden On Due Process, Vivian Deborah Wilson
UC Law Constitutional Quarterly
No abstract provided.
American Influence On Israel's Jurisprudence Of Free Speech, Pnina Lahav
American Influence On Israel's Jurisprudence Of Free Speech, Pnina Lahav
UC Law Constitutional Quarterly
No abstract provided.
Plea Bargaining And The Supreme Court: The Limits Of Due Process And Substantive Justice, Kevin J. O'Brien
Plea Bargaining And The Supreme Court: The Limits Of Due Process And Substantive Justice, Kevin J. O'Brien
UC Law Constitutional Quarterly
No abstract provided.
Age Discrimination In New York's Medicaid Benefit Payment Recoupment Statute, Ronald D. Ploetz
Age Discrimination In New York's Medicaid Benefit Payment Recoupment Statute, Ronald D. Ploetz
Buffalo Law Review
No abstract provided.
On Politics, Democracy, And The First Amendment: A Comment On First National Bank V. Bellotti, Arthur S. Miller
On Politics, Democracy, And The First Amendment: A Comment On First National Bank V. Bellotti, Arthur S. Miller
Washington and Lee Law Review
No abstract provided.
Rummel V. Estelle: Can Non-Capital Punishment Still Be Cruel And Unusual?
Rummel V. Estelle: Can Non-Capital Punishment Still Be Cruel And Unusual?
Washington and Lee Law Review
No abstract provided.
Categories And The First Amendment: A Play In Three Acts, Frederick Schauer
Categories And The First Amendment: A Play In Three Acts, Frederick Schauer
Faculty Publications
No abstract provided.
Slouching Toward Bethlehem With The Ninth Amendment, William W. Van Alstyne
Slouching Toward Bethlehem With The Ninth Amendment, William W. Van Alstyne
Faculty Publications
This review discusses Charles Black’s work “Decision According to Law”, which examines the tendency and the means used by activist judges to provide fair decisions through the use of more flexible principles of Constitutional law. While Black’s writing style is both informative and powerful, his original thesis regarding the Ninth Amendment acting as Congressional endorsement of the courts’ activist role is uncompelling and poorly supported.
Transforming The Privately Owned Shopping Center Into A Public Forum: Pruneyard Shopping Center V. Robins, James M. Mccauley
Transforming The Privately Owned Shopping Center Into A Public Forum: Pruneyard Shopping Center V. Robins, James M. Mccauley
University of Richmond Law Review
A recent Supreme Court decision has affirmed a state's choice to provide its citizens access to privately owned shopping centers for the purpose of exercising free speech and petition rights. The United States Supreme Court in Pruneyard Shopping Center v. Robins held that state consitutional provisions permitting individuals to exercise free speech and petition rights on private shopping center property do not violate the shopping center owner's property rights under the fifth and fourteenth amendments or his free speech rights under the first and fourteenth amendments. There exists a delicate balance between the competing in- terests of the shopping center …
Non-Jury Trial Of Civil Litigation: Justifying A Complexity Exception To The Seventh Amendment, Barrett E. Pope
Non-Jury Trial Of Civil Litigation: Justifying A Complexity Exception To The Seventh Amendment, Barrett E. Pope
University of Richmond Law Review
The seventh amendment to the United States Constitution states that "[i]n Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved."' When Congress enacted the Federal Rules of Civil Procedure, the right to jury trial at common law remained undisturbed.
Godfrey V. Georgia: Possible Effects On Virginia's Death Penalty Law, S. Vernon Priddy Iii
Godfrey V. Georgia: Possible Effects On Virginia's Death Penalty Law, S. Vernon Priddy Iii
University of Richmond Law Review
Virginia permits imposition of the death penalty for capital murder only after a bifurcated trial in which the jury has found the defendant guilty of the crime and, in a separate proceeding, determined death to be the appropriate penalty. In the second half of this process, the jury must find at least one of the two aggravating circumstances set out by statute' before a death sentence is imposed.
The State's Interest In Adoption And Washington's Sealed Records Statute, Eileen M. Lawrence
The State's Interest In Adoption And Washington's Sealed Records Statute, Eileen M. Lawrence
Seattle University Law Review
After discussing the legal effect of the adoption decree and the purpose of Washington's adoption statute, this comment will analyze the competing interests of the adoptee, the biological parents, the adoptive parents, and the state. This article will also discuss the legislative proposal in Washington attempting to abolish the good cause requirement. Finally, this article concludes the sealed records requirement is constitutionally sound and despite the need for further legislative articulation, the good cause balancing approach is the most suitable method for protecting the conflicting rights and interests inherent in the adoption process.
A Comment On The Burger Court And "Judicial Activism", Robert F. Nagel
A Comment On The Burger Court And "Judicial Activism", Robert F. Nagel
Publications
No abstract provided.
Federalism As A Fundamental Value: National League Of Cities In Perspective, Robert F. Nagel
Federalism As A Fundamental Value: National League Of Cities In Perspective, Robert F. Nagel
Publications
No abstract provided.
Democracy And Distrust: A Theory Of Judicial Review, Michael Conant
Democracy And Distrust: A Theory Of Judicial Review, Michael Conant
Vanderbilt Law Review
This review is a critique of the major themes in Democracy and Distrust: A Theory of Judicial Review,' by Professor John Hart Ely of Harvard Law School. Ely primarily addresses the amount of discretion exercised by Supreme Court justices in deciding constitutional cases, a fundamental issue since few scholars today would contest the actual existence of the judicial review power of the Court. Ely's thorough scholarship presents a fine discussion of the Court's legitimacy when it extends its discretion beyond the base of the actual constitutional language. Professor Ely misses the mark, however, in his argument that certain open-ended constitutional …
Commentary: Rummel V. Estelle: Mockingbirds Among The Brethren, Kenneth Lasson
Commentary: Rummel V. Estelle: Mockingbirds Among The Brethren, Kenneth Lasson
All Faculty Scholarship
In this commentary Professor Lasson discusses the Supreme Court's decision in Rummel v. Estelle and reveals a poignant personal memorandum that reflects the analysis of human values necessarily performed by whichever Justice cast the deciding vote.
Constitutional Law, Thomas E. Baker
Constitutional Law, Thomas E. Baker
Faculty Publications
This 1981 article discusses principles of federal constitutional law. Professor Baker notes that the constitutional decisions of the courts of appeals will continue to increase in number and importance as the burgeoning federal caseload grows. Professor Baker analyzes how the Fifth Circuit dealt with constitutional principles in the year preceding the article. The article commences with a discussion of cases dealing with justiciability issues. The justiciability issues discussed include standing, mootness, advisory opinions, political questions, ripeness, and Eleventh Amendment issues. Next, Professor Baker discusses cases construing the Commerce Clause. Next, the article discusses cases dealing with due process issues, both …