Digital Commons Network^™

Reassessing The First Amendment And The Public's Right To Know In Constitutional Adjudication, David M. O'Brien

Villanova Law Review (1956 - )

No abstract provided.

Fighting Words As Free Speech, Stephen W. Gard

Law Faculty Articles and Essays

It is now settled that "above all else, the first amendment means that government has no power to restrict expression because of its message, its ideas, its subject matter, or its content." Despite the universal acceptance of this general principle, the United States Supreme Court has created several exceptions. In appropriate cases libel, obscenity, commercial speech, and offensive language may be censored without contravention of the first amendment guarantee of freedom of expression. The source of each of these exceptions to the general principle of governmental neutrality regarding the content of expression is Chaplinsky v. New Hampshire.

Book Review, Stephen W. Gard

Law Faculty Articles and Essays

The author reviews Justice Hugo Black and the First Amendment, edited by Everette E. Dennis, Donald M. Gillmor and David L. Grey.

Review, Democracy And Distrust, Richard Kay

Faculty Articles and Papers

Reviewing Democracy and Distrust. By John Hart Ely. Cambridge: Harvard University Press, 1980.

In Re Governorship: Curbing Mike Curb--Constitutionally, David B. Lloyd

UC Law Constitutional Quarterly

No abstract provided.

Exclusionary Land Use Controls And The Takings Issue, Robert R. Wright

Law Faculty Scholarship

No abstract provided.

Dworkin's Theory Of Constitutional Law, Robert P. Churchill

UC Law Constitutional Quarterly

No abstract provided.

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

Faculty Articles and Papers

No abstract provided.

The Constitutionality Of Public School Financing Laws: Judicial And Legislative Interaction, Bruce Gitlin

Fordham Urban Law Journal

This Note looks at the various ways states fund public education. Then the Note examines the how the U.S. Supreme Court's decision of Board of Education v. Nyquist impacts how states fund public education. Finally, the Note argues that the U.S. Supreme Court should expand, rather than contract, the options available for states to fund public education.

The Special Master In School Desegregation Cases: The Evolution Of Roles In The Reformation Of Public Institutions Through Litigation, Geoffrey F. Aronow

UC Law Constitutional Quarterly

No abstract provided.

In Re Marriage Of Stenquist: Equal Protection For The Disability Pension Recipient In California Community Property Law, Stephen Traverse

UC Law Constitutional Quarterly

No abstract provided.

The California Supreme Court Hearings--A Tragedy That Should And Could Have Been Avoided, James Duke Cameron

UC Law Constitutional Quarterly

No abstract provided.

Justice Rehnquist: First Amendment Speech In The Labor Context, Robert C. Lind Jr.

UC Law Constitutional Quarterly

No abstract provided.

The Pension Expectation As Constitutional Property, Peter M. Rehon

UC Law Constitutional Quarterly

No abstract provided.

The Mortgage Subsidy Bond Tax Act Of 1979: An Unwarranted Attack On State Sovereignty, John J. Keohane

Fordham Urban Law Journal

This Article examines the constitutionality of repealing the tax exempt status of interest accrued on bonds issued by states and municipalities. It concludes that repealing this tax exemption is unconstitutional, as it would encroach on state's sovereignty inherently protected by the constitution.

Sham Litigation And The Antitrust Laws, Thomas A. Balmer

Buffalo Law Review

No abstract provided.

Harmless Error: Constitutional Sneak Thief, Steven H. Goldberg

Elisabeth Haub School of Law Faculty Publications

"Harmless constitutional error" is among the most insidious of legal doctrines. Since its promulgation by the United States Supreme Court in Chapman v. California, it has determined as many criminal appeals as have some of the more well-known and hotly debated decisions of the 1960s. Despite the frequency of its use in determining criminal appeals-possibly as high as ten percent of all criminal appeals during the last thirteen years it has received comparatively little critical attention. The reason for the inattention? It's a sneak thief. Its appearance does not raise apprehension, and its application does not leave concentrated areas of …

Due Process And Pro Hac Vice Appearances By Attorneys: Does Any Protection Remain?, Timothy C. Cashmore

Buffalo Law Review

No abstract provided.

The Free Speech-Fair Trial Controversy: Dr 7-107, W. Jeffery Edwards

Washington and Lee Law Review

No abstract provided.

Broadening Access To The Courts And Clarifying Judicial Standards: Sex Discrimination Cases In The 1978-1979 Supreme Court Term, Janice M. Hamilton, Janine S. Hiller, Joyce Ann Naumann, Barbara H. Vann

University of Richmond Law Review

During the 1978-79 Term of the Supreme Court, sex discrimination continued to be an area of active judicial concern, with the Court deciding eight cases alleging unlawful sex discrimination. The purpose of this note is to present the Court's holdings and its rationale in these decisions, to analyze the significance of the decisions in view of the Court's past rulings, and to suggest possible implications for future sex discrimination cases.

Public Figures And Malice: Recent Supreme Court Decisions Restricting The Constitutional Privilege, Ann M. Annase, Scott A. Milburn

University of Richmond Law Review

Historically, Americans have placed great importance on both their good name and their right to free speech. "As ingrained as both of these ideals are in the very fabric of our society, they sometimes run counter to each other." The Supreme Court has tried to balance these conflicting ideals in libel cases involving the first amendment's protection of freedom of the press. In the 1964 case of New York Times Co. v. Sullivan, the Court held that the first amendment's constitutional privilege extends to those publishing defamatory statements concerning official conduct, and that a plaintiff in such a case could …

Is There Life For Erie After The Death Of Diversity?, Peter Westen, Jeffrey S. Lehman

Michigan Law Review

This Article is essentially an elaboration of these three themes. Section I sets forth the fundamental principles, or "axioms," that determine whether a particular federal rule is pertinent and valid. Once these axioms are understood, it should become apparent that Erie problems, if not easy, are not uniquely difficult either; instead, they are the kinds of "ordinary" problems that are commonplace in other areas of law. Section II applies these axioms to cases in diversity to determine the validity of various kinds of federal rules of decision. Section III examines the validity of federal rules of decision in federal question …

Constitutional Law: Dubious Intrusions--Peynote, Drug Laws, And Religious Freedom, John T. Doyle

American Indian Law Review

No abstract provided.

United States V. Sioux Nation: Political Questions, Moral Imperative, And The National Honor, Stephen Cosby Hanson

American Indian Law Review

No abstract provided.

Compensatory Contempt To Collect Money, Doug R. Rendleman

Faculty Publications

No abstract provided.

The Rights Of Gay Prisoners: A Challenge To Protective Custody, Joan W. Howarth

Scholarly Works

This Note focuses on the specific issues raised by the traditional method of dealing with homosexuals in prison: isolation from the general prison population. This traditional segregation often results in almost twenty-four hour-a-day confinement to a cell, which severely limits access to programs and opportunities normally enjoyed by prisoners.

This Note first discusses the history and current practice of segregation of gay prisoners' as well as the broader subject of protective custody, and then outlines the judicial response to the problems of protective custody prisoners generally and gay prisoners specifically. It then critiques the judicial confusion and resulting reluctance to …

Rape Victim Shield Laws And The Sixth Amendment, J. Alexander Tanford, Anthony J. Bocchino

Articles by Maurer Faculty

No abstract provided.

Nathaniel Goldstein Memorial Lecture, Murray I. Gurfein

Cardozo Law Review

No abstract provided.

Kentucky Law Survey: The Constitutionality Of Kentucky's Prejudgment Seizure Law, William R. Mapother

Kentucky Law Journal

No abstract provided.

Children And The Idea Of Liberty: A Comment On The Civil Commitment Cases, John H. Garvey

Kentucky Law Journal

No abstract provided.