Digital Commons Network^™

Constitutional Law - Contract Clause - Minnesota's Pension Plan Act Violates Contract Clause, Craig R. Shagin

Villanova Law Review (1956 - )

No abstract provided.

Zbaraz V. Quern : Abortion And Medicaid: The Public Funding Dilemma, 12 J. Marshall J. Prac. & Proc. 609 (1979), Lynn R. Price

UIC Law Review

No abstract provided.

Taking Supreme Court Opinions Seriously, Henry P. Monaghan

Maryland Law Review

No abstract provided.

Regarding Psychologists Testily: Legal Regulation Of Psychological Assessment In The Public Schools, Donald N. Bersoff

Maryland Law Review

No abstract provided.

Swisher V. Brady: Does A Juvenile Court Rehearing On The Record After A Master Has Made Proposed Findings Violate Double Jeopardy Or Due Process?

Maryland Law Review

No abstract provided.

The United States Supreme Court: The 1978-79 Term, Paul C. Giannelli

Faculty Publications

No abstract provided.

Raoul Berger's Fourteenth Amendment--Abuse By Contraction Vs. Abuse By Expansion, Wallace Mendelson

UC Law Constitutional Quarterly

No abstract provided.

The Elusive Search For Values In Constitutional Interpretation, Arthur S. Miller

UC Law Constitutional Quarterly

No abstract provided.

Raoul Berger's Fourteenth Amendment: A History Or Ahistorical, Stanley I. Kutler

UC Law Constitutional Quarterly

No abstract provided.

The Scope Of Judicial Review: An Ongoing Debate, Raoul Berger

UC Law Constitutional Quarterly

No abstract provided.

All Sail And No Anchor--Judicial Review Under The California Constitution, George Deukmejian, Clifford K. Thompson Jr.

UC Law Constitutional Quarterly

No abstract provided.

In Accordance With A Constitutional Plan: Procedural Due Process And Zoning Decisions, James R. Kahn

UC Law Constitutional Quarterly

No abstract provided.

Judicial Review And Comparative Politics: An Explanation For The Extensiveness Of American Judicial Review Offered From The Perspective Of Comparative Government, John Peter Giraudo

UC Law Constitutional Quarterly

No abstract provided.

Constitutional Law - Parole Revocation Hearings - Due Process Does Not Require That Federal Parolee Subsequently Convicted And Incarcerated For State Offense Be Given Immediate Parole Revocation Hearing, Charles F. Weyl

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Law - Fifth Amendment - Declaration Of Property As A Historic Landmark Under State Law Is Not A Taking Which Requires Just Compensation Where The Landowner Is Guaranteed A Reasonable Return On His Investment, John J. Ford

Villanova Law Review (1956 - )

No abstract provided.

Psychosurgery And The Involuntarily Confined, John P. Kopesky

Villanova Law Review (1956 - )

No abstract provided.

Civil Rights - Employment Discrimination - Employer May Establish Voluntary Affirmative Action Program Within Area Of Discretion Granted By Title Vii, Penny Tannenbaum

Villanova Law Review (1956 - )

No abstract provided.

Status Of Student Practice Rules People V. Perez—An Initial Look At The Sixth Amendment, Catherine Walker

Seattle University Law Review

Despite the advent of the limited practice of law by law students as early as 1957, a California Court of Appeals in 1978 became the first court to examine the sixth amendment status of student representation in state criminal prosecutions. In People v. Perez, a California appellate court concluded that a lawyer-supervised law student, certified for limited practice by the California Student Practice Rules, is per se ineffective counsel in felony trials. Ostensibly to protect the defendant's right to effective counsel, Perez struck down the student practice rules without considering the proper function of certification in sixth amendment analysis. Moreover, …

Federal Courts - 42 U.S.C. 1983 - Suing Municipalities Under 42 U.S.C. 1983: The Impact Of Monell V. Department Of Social Services, Howard M. Klein

Villanova Law Review (1956 - )

No abstract provided.

The Absoluteness Of The First Amendment, Stephen W. Gard

Law Faculty Articles and Essays

Despite an urgent need, the reality is that today we have no unifying free speech theory. Instead, the recent decisions of the United States Supreme Court suggest that doctrinal confusion reigns. Ironically, I would suggest that the cause of the present doctrinal confusion is not that insufficient attention has been paid to technical free speech issues, but rather that modern first amendment thinking has been dominated by "balancers." The poverty of the balancing approach, be it ad hoc or definitional in character, stems from its reliance on pragmatic considerations rather than on fundamental principles embodied in the enduring legacy of …

The Applicability Of The Constitutional Privilege To Defame: Question Of Law Or Question Of Fact?, Christopher G. Scanlon

Indiana Law Journal

No abstract provided.

Ideology And History, David F. Forte

Law Faculty Articles and Essays

I do not dispute the philosophical validity of the theory of natural rights. Indeed, I support much, if not most, of the principles embodied in that theory. What I wish to discuss is that to which Dr. Vieira claims to have limited his discussion, viz., the belief that history, specifically American constitutional history, provides a sufficient base to support a natural rights theory. His attempt to find historical support is an instructive example of how ideology can distort the data of history and cause it to be portrayed in a strange and unreal light. Beyond that, Vieira's historical method also …

The Eleventh Amendment: An Endangered Species, Peter W. Thornton

Indiana Law Journal

No abstract provided.

What Does Bakke Require Of Law Schools? The Salt Board Of Governors Statement, Howard Lesnick

Statements

In 1979, Professor Lesnick wrote a statement for the Board of Governors of the Society of American Law Teachers after the Supreme Court's decision in University of California v. Bakke, 438 U.S. 265 (1978). The question addressed in the statement is: What changes (if any) in minority-admissions programs are university law schools now obligated to make to comply with the Supreme Court's decision in Bakke?

Administrative Agencies And The Rites Of Due Process: Alternatives To Excessive Litigation, Daniel Lee Feldman

Fordham Urban Law Journal

With the growth of courtroom litigation, it has become necessary for congress to look to administrative agencies to act in an adjudicative nature. In expanding the role of administrative agencies for efficiency and economic concerns, it is particularly important to still consider the due process rights of citizens. This article addresses the need to balance the procedural due process rights of individuals with the use of administrative agencies to eliminate or at the very least reduce excessive litigation.

Government By Judiciary: What Price Legitimacy, Louis Lusky

UC Law Constitutional Quarterly

No abstract provided.

Equal Justice Under Law Or Justice At Any Cost--The Judicial Role Revisited: Reflections On Government By Judiciary: The Transformation Of The Fourteenth Amendment, Henry J. Abraham

UC Law Constitutional Quarterly

No abstract provided.

Limiting Congressional Denationalization After Afroyim, John Paul Jones

Law Faculty Publications

This Comment discusses the constitutional aspects of loss of United States citizenship. It contrasts expatriation with procedures developed by the state in treaty and statute for involuntary deprivation of citizenship. It distinguishes early judicial and legislative debate over the existence of a citizen's constitutionally guaranteed right to forfeit his citizenship with the twentieth-century controversy surrounding unilateral government action to denationalize. Examining existing statutes in light of recent Supreme Court decisions limiting congressional authority in this area, it suggests an analysis of contemporary statutory presumptions based upon the relationship of proscribed activity and allegiance.

Privacy, Secrecy, And Reputation, Richard A. Posner

Buffalo Law Review

No abstract provided.

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

CASE DIGEST

This Case Digest provides brief analyses of cases that represent current aspects of transnational law. The digest includes cases that apply established legal principles to new and different factual situations. The cases are grouped in topical categories, and references are given for further research.

THE CONSTITUTIONALITY OF OBTAINING QUASI IN REM JURISDICTION BY MARITIME ATTACHMENT IS NOT LIMITED BY Shaffer v. Heitner

MAXIMUM LIMITS ON DISABILITY BENEFITS ARE NOT APPLICABLE TO DEATH BENEFITS PAYABLE UNDER THE LONGSHOREMEN'S AND HARBORWORKERS' COMPENSATION AcT

REFUSAL OF INS DISTRICT DIRECTOR TO GRANT NON-PRIORITY OR DEFERRED STATUS IS SUBJECT TO THE ARBITRARY AND …