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Judicial Review: Its Influence Abroad, Donald P. Kommers

Journal Articles

The doctrine of judicial review, having been nourished in a legal culture and socio-political environment favorable to its growth, is America’s most distinctive contribution to constitutional government. Judicial review as historically practiced in the United States was duly recorded abroad, with varying degrees of influence and acceptability. During the nineteenth and early twentieth centuries, the influence of judicial review was most conspicuous in Latin America, where it was adopted as an articulate principle of numerous national constitutions, while most European nations consciously rejected it as incompatible with the prevailing theory of separation of powers. Germany, Austria, and Switzerland, although marginally …

Continuity And Change In American Constitutional Development And Public Policy: 1964-1976, Donald P. Kommers, Kevin C. Gallagher

Journal Articles

From the Introduction:

"This report adheres as much as possible to the form and structure of the first two surveys. Thus, we begin this report with an overview of recent presidential elections and a discussion of the American electoral process. The article then moves on to a treatment of changes in federal-state relations, government organization, the distribution of power among the branches and levels of government, and constitutional law as judicially defined. Unlike the previous reports, however, we have devoted nearly half of this survey to recent public policy in the area of civil rights. This extensive treatment of civil …

Judicial Review In Local Government Law: A Reappraisal, Harold H. Bruff

Publications

No abstract provided.

Constitutional Law: The Right To Wear A Traditional Indian Hair Style--Recognition Of A Heritage, Peggy Doty

American Indian Law Review

No abstract provided.

Constitutional Law - Civil Rights - Discrimination Against Blacks In Admissions To Private Schools Violates The Right To Contract Guaranteed By Section 1981, Susan M. Denbo

Villanova Law Review (1956 - )

No abstract provided.

Due Process In The Prison: A Third Form, Edmund B. Spaeth Jr.

Villanova Law Review (1956 - )

No abstract provided.

National Commission For The Protection Of Human Subjects Of Biomedical And Behavioral Research: Research On The Fetus, David W. Louisell

Villanova Law Review (1956 - )

No abstract provided.

Cost-Benefit Ethics: The Utilitarian Approach To Fetal Research, Juliana Geran Pilon

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Law, Lynn G. Zeitlin

Villanova Law Review (1956 - )

No abstract provided.

Preferential Admissions To Professional Schools: The Equal Protection Challenge, Edward J. Charlton, Robert E. Heideck

Villanova Law Review (1956 - )

No abstract provided.

Special Project, Kenneth Harmon, Barbara Moss, W. Patrick Mulloy, Ii, Robert H. Brownlee, Walter T. Eccard, Michael D. Kelly, Timothy C. Maguire, Richard M. Pitt, Stephen K. Rush, Robert D. Tuke, Richard C. Stark Special Project Editor

Vanderbilt Law Review

The One Hundred and First Justice: An Analysis of the Opinions of Justice John Paul Stevens, Sitting as Judge on the Seventh Circuit Court of Appeals

This article will examine the opinions written by Mr. Justice Stevens while he served on the Court of Appeals for the Seventh Circuit. The areas examined are constitutional, antitrust, labor, securities, federal tax, administrative, and federal jurisdictional law. This article also will seek to reach some conclusions on Stevens' position in the several areas while he served on the Seventh Circuit and to suggest the factors he may consider important in deciding cases in …

First Amendment Protection For Commercial Advertising: The New Constitutional Doctrine, Thomas W. Merrill

Faculty Scholarship

Governmental regulation of commercial advertising has become a major focus of challenges to established first amendment doctrine. An increasing number of suits have raised constitutional objections to regulations of false or deceptive advertising, regulations of offensive advertising, prohibitions of commercial advertising in certain forums, prohibitions of price advertising for particular products or services, and prohibitions of all advertising for particular products or services.' Until recently, the majority of courts upheld such regulations under the Supreme Court's ruling in Valentine v. Chrestensen that "purely commercial advertising" is unprotected by the first amendment.

In the last two years the Court has subjected …

Making Sense Of The Prejudgment Seizure Cases, Richard S. Kay, Harold M. Lubin

Kentucky Law Journal

No abstract provided.

Section 401(B) Of The Health Programs Extension Act: An Abortive Attempt By Congress To Solve A Constitutional Dilemma

William & Mary Law Review

No abstract provided.

Federal Courts—Rx For Federal Anticipatory Relief In State Criminal Proceedings—Steffel V. Thompson, 415 U.S. 452 (1974), Bobbe Jean Ellis

Washington Law Review

In the fall of 1970, plaintiff Richard Steffel participated in the distribution of anti-war leaflets at a shopping center in De Kalb, Georgia. Under threat of arrest from police officers who had been summoned by the shopping center management, he and his companions dispersed. Two days later, however, Steffel and Sandra Lee Becker, another member of the group, returned to the center and resumed handbilling. Police again threatened them with arrest. Although Steffel departed, his companion Becker remained. The police arrested her for criminal trespass. Steffel subsequently invoked the Civil Rights Act and sought a declaratory judgment and injunctive relief …

Preferential Remedies For Employment Discrimination, Harry T. Edwards, Barry L. Zaretsky

Michigan Law Review

A basic thesis of this article is that much of the current concern about alleged "reverse discrimination" in employment ignores the reality of the situation. In Part I it will be contended that although color blindness is a laudable long-run objective, it alone will not end discrimination; thus, it will be argued that some form of "color conscious" affirmative action must be employed in order to achieve equal employment opportunity for minorities and women. The most effective form of affirmative action is temporary preferential treatment, and it will be asserted in Part II that such relief can be justified under …

Immunity Under 42 U.S.C. Section 1983, Ernest B. Fullwood

North Carolina Central Law Review

No abstract provided.

Proffitt V. Florida, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Mathews V. Eldridge, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Washington V. Davis, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

South Dakota V. Opperman, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United States V. Miller, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Drew Municipal Separate School District V. Andrews, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

City Of New Orleans V. Dukes, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Massachusetts Board Of Retirement V. Murgia, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Cappaert V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

A Constitutional Analysis Of Indiana's "Fleeing A Police Officer" Statute, Jane Mallor

Indiana Law Journal

No abstract provided.

Computerized Medical Records And The Right To Privacy: The Emerging Federal Response, Barry B. Boyer

Buffalo Law Review

No abstract provided.

Analyzing The Debtor's Due Process Interest, Doug Rendleman

William & Mary Law Review

No abstract provided.

Constitutional Law--Commercial Speech Doctrine--A Clarification Of The Protection Afforded Under The First Amendment--Bigelow V. Virginia

BYU Law Review

No abstract provided.