Digital Commons Network^™

Mcdaniel V. Sanchez, 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.

The Inequitable Burden Of School Desegregation Remedies: The Effects Of Shift In Supreme Court Decisions On The Buffalo School Desegregation Case, Denise E. O'Donnell

Buffalo Law Review

No abstract provided.

Zoning Law In Arkansas: A Comparative Analysis, Robert R. Wright

University of Arkansas at Little Rock Law Review

No abstract provided.

The Equal Protection Clause In The Supreme Court 1873-1903, Richard S. Kay

Buffalo Law Review

No abstract provided.

Double Jeopardy: An Illusory Remedy For Governmental Overreaching At Trial, Mary J. Fahey

Buffalo Law Review

No abstract provided.

The Governmental-Proprietary Distinction In Constitutional Law, Michael L. Wells, Walter Hellerstein

Scholarly Works

The governmental-proprietary distinction has led a stormy life. Courts have characterized it as “illusory,” a “quagmire,” a “rule of law that is inherently unsound,” and as a “talismanic formula” that results in “unenlightening characterizations of States’ activities.” Commentators have branded the distinction as “probably one of the most unsatisfactory known to the law,” have questioned its internal coherence, and have dismissed it as irrelevant in constitutional decisions. The distinction, however, clings stubbornly to life, appearing in a remarkably wide range of cases. The United States Supreme Court itself appears ambivalent about its worth. In some cases, the Court has rejected …

Drawing The Line On The Ineffective Assistance Of Counsel Defense: United States V. Decoster (Iii)

Washington and Lee Law Review

No abstract provided.

Maryland's Equal Rights Amendment Challenges The Common Law Action Of Criminal Conversation: Kline V. Ansell, Mckay Marsden

BYU Law Review

No abstract provided.

An Analytical Model To Assure Consideration Of Parental And Familial Interests When Defining The Constitutional Rights Of Minors-An Examination Of In Re Scott K., Matthew Fenn Hilton

BYU Law Review

No abstract provided.

The Surface Mining Control And Reclamation Act Of 1977, Hamlet J. Barry, Iii

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

48 pages.

Includes footnotes (pages 44 to 47).

The Mineral Leasing Act Of 1920, Patrick H. Martin

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

39 pages (includes sample forms).

Pages M-26; M-36; M-38; and M-40 do not contain pagination or content, and were not scanned.

Contains references (page M-1).

The Clean Air Act And Mineral Development, Paul D. Phillips

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

16 pages (includes charts, maps, and illustrations).

Contains 3 pages of references.

The Jurisdictional Scheme On The Public Lands, David E. Engdahl

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

7 pages.

State V. Edward M. Chadbourne, Inc., 382 So. 2d 293 (Fla. 1980), Roberta J. Karp

Florida State University Law Review

Constitutional Law-IMPAIRMENT OF CONTRACT-RETROACTIVE APPLICATION OF STATUTE IS AN UNCONSTITUTIONAL IMPAIRMENT OF A ROAD CONSTRUCTION CONTRACT

The Foreign Intelligence Surveillance Act: Legislating A Judicial Role In National Security Surveillance, Michigan Law Review

Michigan Law Review

This Note evaluates the constitutionality of the Foreign Intelligence Surveillance Act. Section I summarizes the legal history of national security surveillance from 1940 until the passage of the FISA, and briefly discusses the three major circuit court rulings on warrantless foreign intelligence surveillance. Section II describes the provisions of the Act. Section III examines the Act's constitutionality, first considering the scope of congressional authority to regulate the conduct of foreign affairs, then considering whether the political question doctrine prevents judicial scrutiny of executive decisions to conduct foreign intelligence surveillance. The Note concludes that the FISA is an appropriate and constitutional …

The Three Faces Of Double Jeopardy: Reflections On Government Appeals Of Criminal Sentences, Peter K. Westen

Michigan Law Review

Every now and then a case ·comes along that tests the fundamental premises of a body of law. United States v. DiFrancesco presents such a test to the law of double jeopardy, raising the question whether the government may unilaterally appeal a defendant's criminal sentence for the purpose of increasing the sentence. The question cannot be answered by facile reference to the text of the fifth amendment, because the terms of the double jeopardy clause are not self-defining. Nor can it be settled by reference to history, because the issue has not arisen with any frequency until now.

Interstate Extradition: Should The Asylum State Governor Have Unbridled Discretion, Gregory K. Wanlass Gregory K. Wanlass

BYU Law Review

No abstract provided.

Continuing The Erie Debate: A Response To Westen And Lehman, Martin H. Redish

Michigan Law Review

Although the Supreme Court has not spoken in detail on the Erie doctrine since its much-discussed decision in Hanna v. Plumer in 1965, commentary on the doctrine in the literature has undergone something of a "boomlet" in the last several years. Much of it has been stimulated by the groundbreaking article by Professor John Hart Ely in 1974. The latest contribution to the area is the recent article by Professor Peter Westen and Mr. Jeffrey Lehman appearing earlier this year in this journal. Unfortunately, their article does little to advance analysis of the Erie question, and contains numerous fundamental misstatements …

The Fifth Amendment And The Inference Of Guilt From Silence: Griffin V. California After Fifteen Years, Donald B. Ayer

Michigan Law Review

This Article will begin with an examination of the historic (and present) purposes underlying the fifth amendment privilege against self-incrimination, upon which any justification of the no-comment rule must ultimately rest. It will explore the danger that these purposes may be thwarted not only when defendants are actually compelled to be witnesses against themselves, but also when significant burdens are placed on defendants who choose not to testify. In Griffin, the Court reasoned that comment on the defendant's silence amounted to such an impermissible burden. But the Court failed to examine the weight of this burden. This failure makes …

Substantive Due Process Analysis Of Nonlegislative State Action: A Case Study, David W. Slaughter David W. Slaughter

BYU Law Review

No abstract provided.

Brown V. Firestone, 382 So. 2d 654 (Fla. 1980), David Glatthorn

Florida State University Law Review

Constitutional Law-A HARD CASE MAKES GOOD AND BAD LAW

Constitutional Law—The Privileges And Immunities Clause Of Article Iv: Fundamental Rights Revived—Baldwin V. Fish & Game Commission, 436 U.S. 371 (1978), Walter G. Spilsbury, Jr.

Washington Law Review

In Montana, nonresident sportsmen wishing to hunt solely for elk must purchase a big game combination license, though residents may acquire a separate elk license. In addition, Montana imposes substantially higher license fees on nonresidents, effectively requiring them to pay 28.2 times more than residents for the privilege of hunting elk. Plaintiffs challenged Montana's elk-hunting license fee scheme, charging that it discriminated against nonresident elk hunters in violation of the privileges and immunities clause of article IV, section 2 of the Constitution. A divided three-judge district court denied plaintiffs' demand for declaratory and other relief. In Baldwin v. Fish & …

Survey Of Developments In West Virginia Law: 1979

West Virginia Law Review

No abstract provided.

The Automobile Exception To The Warrant Requirement: Speeding Away From The Fourth Amendment, Gene W. Gardner

West Virginia Law Review

No abstract provided.

Article Iii Limits On Article I Courts: The Constitutionality Of The Bankruptcy Court And The 1979 Magistrates Act, Lucinda M. Finley

Journal Articles

No abstract provided.

Vii. Constitutional Law

Washington and Lee Law Review

No abstract provided.

Public Law 94-142 And The Texas Law., Ann Macmurray

St. Mary's Law Journal

Abstract Forthcoming.

Complaint's Reliance On Seemingly Authoritative Statements Of Tec Employee Insufficient Equitable Grounds To Toll Title Vii Eeoc Filing Limitation., Thomas Mckenzie

St. Mary's Law Journal

Abstract Forthcoming.

Dia-Tribe, Mark V. Tushnet

Michigan Law Review

A review of American Constitutional Law by Laurence H. Tribe