Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (1129)
- William & Mary Law School (984)
- Yeshiva University, Cardozo School of Law (657)
- UC Law SF (609)
- Washington and Lee University School of Law (477)
-
- Maurer School of Law: Indiana University (456)
- Touro University Jacob D. Fuchsberg Law Center (433)
- Duke Law (396)
- Georgetown University Law Center (381)
- Seattle University School of Law (380)
- American University Washington College of Law (330)
- Columbia Law School (319)
- Villanova University Charles Widger School of Law (310)
- Notre Dame Law School (289)
- BLR (254)
- The University of Akron (254)
- University at Buffalo School of Law (252)
- Vanderbilt University Law School (250)
- University of Maryland Francis King Carey School of Law (246)
- University of Colorado Law School (239)
- University of Kentucky (238)
- UIC School of Law (237)
- University of Richmond (232)
- Fordham Law School (229)
- West Virginia University (215)
- Pepperdine University (212)
- Cleveland State University (198)
- University of Georgia School of Law (198)
- Brigham Young University Law School (177)
- Northwestern Pritzker School of Law (175)
- Keyword
-
- Constitutional Law (1233)
- Constitutional law (1189)
- Constitution (807)
- Supreme Court (656)
- First Amendment (528)
-
- United States Supreme Court (395)
- Federalism (341)
- Due process (339)
- Judicial review (280)
- Originalism (261)
- Separation of powers (249)
- Fourth Amendment (242)
- Fifth Amendment (233)
- Fourteenth Amendment (233)
- Constitutional interpretation (230)
- Jurisprudence (219)
- Congress (217)
- Law (211)
- Equal protection (199)
- Discrimination (197)
- Civil rights (185)
- Religion (180)
- Sixth Amendment (170)
- History (169)
- Abortion (164)
- Freedom of speech (160)
- Privacy (160)
- United States (160)
- Politics (159)
- Democracy (153)
- Publication Year
- Publication
-
- Faculty Scholarship (1074)
- Michigan Law Review (759)
- UC Law Constitutional Quarterly (600)
- Faculty Publications (427)
- Articles (373)
-
- Touro Law Review (354)
- Georgetown Law Faculty Publications and Other Works (352)
- William & Mary Bill of Rights Journal (345)
- Seattle University Law Review (329)
- William & Mary Law Review (310)
- Indiana Law Journal (256)
- Villanova Law Review (1956 - ) (254)
- Cardozo Law Review (244)
- ExpressO (234)
- UIC Law Review (211)
- West Virginia Law Review (211)
- Scholarly Works (208)
- Washington and Lee Law Review (205)
- Journal Articles (195)
- Kentucky Law Journal (195)
- Publications (181)
- Supreme Court Case Files (175)
- Buffalo Law Review (174)
- Pepperdine Law Review (173)
- Vanderbilt Law Review (161)
- Duke Journal of Constitutional Law & Public Policy Sidebar (146)
- BYU Law Review (139)
- Scholarly Articles (137)
- Akron Law Review (136)
- Maine Law Review (133)
- Publication Type
- File Type
Articles 14611 - 14640 of 15623
Full-Text Articles in Entire DC Network
Constitutional Law--Executive Agreements--International Law--Executive Authority Concerning The Future Political Status Of The Trust Territory Of The Pacific Islands, Michigan Law Review
Constitutional Law--Executive Agreements--International Law--Executive Authority Concerning The Future Political Status Of The Trust Territory Of The Pacific Islands, Michigan Law Review
Michigan Law Review
It is fair to conclude that the President, even in the absence of express congressional authorization, has constitutional authority indeed, a constitutional duty-to carry out those obligations assumed under the Micronesian trusteeship agreement. Execution of this agreement lies within the scope of the authority given the President by the faithful execution clause and by his independent constitutional powers in the area of foreign policy. Thus, it is next necessary to determine the scope of the president's authority under the trusteeship agreement.
The Original Purpose And Present Utility Of The Ninth Amendment, Wilfred J. Ritz
The Original Purpose And Present Utility Of The Ninth Amendment, Wilfred J. Ritz
Washington and Lee Law Review
No abstract provided.
The Alternative Amendment Process: Some Observations, Paul G. Kauper
The Alternative Amendment Process: Some Observations, Paul G. Kauper
Michigan Law Review
The alternative method of formal amendment of the Constitution raises unresolved questions of interpretation. As a contribution to the formulation of procedures for the implementation of this method Senator Ervin has introduced a bill dealing with the matter in considerable detail. In dealing with the subject I propose to discuss not only the convention procedure provided in article V, and in this connection point up some considerations respecting Senator Ervin's bill, but also some basic questions relating to the formal amendment process and the role assumed by the Supreme Court in the process of constitutional change.
Disadvantages Of A Federal Constitutional Convention, Ralph M. Carson
Disadvantages Of A Federal Constitutional Convention, Ralph M. Carson
Michigan Law Review
Article V says that on application of two-thirds of the states Congress "shall" call the convention for proposing amendments. The imperative color of this word cannot be disregarded. It leaves no discretion in Congress as to the convening of an article V assembly, although it may be consistent with some control by Congress over the modalities. A deliberate refusal on the part of Congress to call a convention, once the requisite number of state applications were in hand, may be expected, by enlarged analogy to what has been done in the recent civil rights cases and what is being proposed …
Article V: The Comatose Article Of Our Living Constitution?, Robert G. Dixon Jr.
Article V: The Comatose Article Of Our Living Constitution?, Robert G. Dixon Jr.
Michigan Law Review
Capacity for steady--even startling-development and relative incapacity for formal change, are twin features of American constitutionalism often noticed but seldom analyzed conjointly. Even the most stalwart supporters of the status quo do not want an unamendable Constitution, but disagreement as to how change should be effected, and the scope of it, runs deep. Indeed, this is the central problem of Marbury v. Madison. That case was the effective innovator of judicial review, our "real" system for developmental constitutionalism. Interestingly, it also was one of the quite rare instances when a seemingly simple constitutional text was at issue (scope of Supreme …
The Dirksen Amendment And The Article V Convention Process, Arthur Earl Bonfield
The Dirksen Amendment And The Article V Convention Process, Arthur Earl Bonfield
Michigan Law Review
This article will concentrate on the legal issues facing Congress in the current effort to call a constitutional convention. Because all of the previous amendments to the Constitution were proposed to the states by a two-thirds vote of both Houses of Congress, the issues raised in the present situation have never been resolved. The appropriate course of action for the national legislature is especially in doubt. An attempt will therefore be made here to focus on proper decision-making by Congress in resolving these constitutional issues. The role of the judiciary will be considered only incidentally, since, as will be seen, …
Proposed Legislation To Implement The Convention Method Of Amending The Constitution, Sam J. Ervin Jr.
Proposed Legislation To Implement The Convention Method Of Amending The Constitution, Sam J. Ervin Jr.
Michigan Law Review
Article V of the Constitution of the United States provides that constitutional amendments may be proposed in either of two ways--by two-thirds of both houses of the Congress or by a convention called by the Congress in response to the applications of two-thirds of the state legislatures. Although the framers of the Constitution evidently contemplated that the two methods of initiating amendments would operate as parallel procedures, neither superior to the other, this has not been the case historically. Each of the twenty-five constitutional amendments ratified to date was proposed by the Congress under the first alternative. As a result, …
The Supreme Court And The People, Everett Mckinley Dirksen
The Supreme Court And The People, Everett Mckinley Dirksen
Michigan Law Review
There is only one circumstance, as I read the Constitution, which authorizes the federal government to intrude or interfere with the governmental structure of a state. That would occur under the provisions of section 4 of article IV, which, in pertinent part, state: "The United States shall guarantee to every State in this Union a Republican form of Government .... " This was the question, if indeed there was a federal question, to be determined in the earlier Baker v. Carr and the reapportionment cases. To rely on the fourteenth amendment for authority to establish by judicial decree a new …
Constitutional Law--Civil Rights--State Action Under The Fourteenth Amendment, John Charles Lobert
Constitutional Law--Civil Rights--State Action Under The Fourteenth Amendment, John Charles Lobert
West Virginia Law Review
No abstract provided.
Comment, John J. Sparkman
Recent Developments, Various Editors
Recent Developments, Various Editors
Villanova Law Review (1956 - )
No abstract provided.
Constitutional Law—The Application Of Procedural Due Process To Proceedings For The Compulsory Civil Commitment Of Narcotic Addicts, Kenneth D. Weiss
Constitutional Law—The Application Of Procedural Due Process To Proceedings For The Compulsory Civil Commitment Of Narcotic Addicts, Kenneth D. Weiss
Buffalo Law Review
Matter of Spadafora, 54 Misc. 2d 123, 281 N.Y.S.2d 923 (1967); Matter of James, 54 Misc. 2d 514, 283 N.Y.S.2d 126 (1967).
The Eleventh Amendment: Adoption And Interpretation, Doyle Mathis
The Eleventh Amendment: Adoption And Interpretation, Doyle Mathis
Georgia Law Review
One of the controversies involving the states and the federal government is the question of suits against the states, brought by citizens of other states in the federal courts. This controversy is centered around the United States Supreme Court decision in Chisholm v. Georgia and the eleventh amendment to the United States Constitu- tion. This article is a study of the events leading to the adoption of the eleventh amendment and the subsequent attempts to gain access to the federal courts in such cases. An effort is made also to clarify Supreme Court interpretation of the eleventh amendment by considering …
Comment, Karl E. Mundt
Marijuana And The Law: The Constitutional Challenges To Marijuana Laws In Light Of The Social Aspects Of Marijuana Use, Mark S. Dichter
Marijuana And The Law: The Constitutional Challenges To Marijuana Laws In Light Of The Social Aspects Of Marijuana Use, Mark S. Dichter
Villanova Law Review (1956 - )
No abstract provided.
Toward The Techno-Corporate State - An Essay In American Constitutionalsim, Arthur Selwyn Miller
Toward The Techno-Corporate State - An Essay In American Constitutionalsim, Arthur Selwyn Miller
Villanova Law Review (1956 - )
No abstract provided.
Who Can Be President Of The United States: The Unresolved Enigma, Charles Gordon
Who Can Be President Of The United States: The Unresolved Enigma, Charles Gordon
Maryland Law Review
No abstract provided.
'Custodial Interrogation' Within The Meaning Of Miranda, Yale Kamisar
'Custodial Interrogation' Within The Meaning Of Miranda, Yale Kamisar
Book Chapters
The primary conceptual hurdle confronting the Miranda Court was the "legal reasoning" that any and all police interrogation is unaffected by the privilege against self-incrimination because such interrogation does not involve any kind of judicial process for the taking of testimony; inasmuch as police officers have no legal authority to compel statements of any kind, there is no legal obligation, ran the argument, to which a privilege can apply. See, e.g., the discussion and authorities collected in Kamisar, A Dissent from the Miranda Dissents: Some Comments on the "New" Fifth Amendment and the Old "Voluntariness" Test, 65 MICH. L. REv. …
The Drinking Driver: An Approach To Solving A Problem Of Underestimated Severity, David A. Scholl
The Drinking Driver: An Approach To Solving A Problem Of Underestimated Severity, David A. Scholl
Villanova Law Review (1956 - )
No abstract provided.
One Man, 3.312 Votes: A Mathematical Analysis Of The Electoral College, John F. Banzhaf Iii
One Man, 3.312 Votes: A Mathematical Analysis Of The Electoral College, John F. Banzhaf Iii
Villanova Law Review (1956 - )
No abstract provided.
Recent Developments, Various Editors
Recent Developments, Various Editors
Villanova Law Review (1956 - )
No abstract provided.
The Presently Expanding Concept Of Judicial Notice, Fortunata Giudice, C. William Kraft
The Presently Expanding Concept Of Judicial Notice, Fortunata Giudice, C. William Kraft
Villanova Law Review (1956 - )
No abstract provided.
Constitutional Law—One Year Residence Requirement To Be Eligible For State Welfare: A Denial Of Both Equal Protection And Freedom Of Travel, Robert M. Feinson
Constitutional Law—One Year Residence Requirement To Be Eligible For State Welfare: A Denial Of Both Equal Protection And Freedom Of Travel, Robert M. Feinson
Buffalo Law Review
Thompson v. Shapiro, 270 F. Supp. 331 (D. Conn. 1967), appeal docketed, 36 U.S.L.W. 3214 (U.S. Nov. 13, 1967) (No. 813).
The Demise Of The Right-Privilege Distinction In Constitutional Law, William W. Van Alstyne
The Demise Of The Right-Privilege Distinction In Constitutional Law, William W. Van Alstyne
Faculty Publications
The right-privilege distinction, as it appeared in an early statement by Justice Holmes, has long hampered individuals within the public sector in protecting themselves against arbitrary governmental action. In this article Professor Van Alstyne reviews the uses and misuses to which the "privilege" concept has been put and then examines those doctrines whose flanking attacks have gradually eroded its efficacy. But none of these doctrines comes to grips with Holmes' basic idea of a "privilege" to which substantive due process is inapplicable. Applying Holmes' own jurisprudence, the author argues that the concept of "privilege" is today no longer viable, and …
Do Police Sometimes Practice 'Civil Disobedience', Too?, Yale Kamisar
Do Police Sometimes Practice 'Civil Disobedience', Too?, Yale Kamisar
Articles
In a recent address, Mr. Joseph J. Casper, Assistant Director of the FBI, asserted that "a society living under the rule of law cannot permit persons to choose the Jaws which they will obey and the Jaws which they will break." But on reading the rest of his speech, one wonders whether he would strenuously object if the police were permitted to select the laws which they must obey and those they may disregard.
The Release Of Government-Owned Technical Data Under The Freedom Of Information Law: Between Scylla And Charybdis, James A. Dobkin
The Release Of Government-Owned Technical Data Under The Freedom Of Information Law: Between Scylla And Charybdis, James A. Dobkin
Villanova Law Review (1956 - )
No abstract provided.
The Judicial Trend Toward Student Academic Freedom, William W. Van Alstyne
The Judicial Trend Toward Student Academic Freedom, William W. Van Alstyne
Faculty Publications
This analysis references the growing likelihood that even “private” colleges and universities may be viewed as state actors due to these institutions growing reliance on public funds and their performance of what is often considered a public function. Given such, this examination discusses the growing sphere of student rights.
The Truth-In-Negotiations Act – An Examination Of Defective Pricing In Government Contracts, Michael J. Graetz
The Truth-In-Negotiations Act – An Examination Of Defective Pricing In Government Contracts, Michael J. Graetz
Faculty Scholarship
Charges of excessive profitmaking on government contracts have issued from the Senate floor and the nation's press and have provided the impetus for recent congressional investigations and proposals for remedial legislation. Profiteering by government contractors is a problem of potentially enormous dimensions since purchases by the federal government total more than seventy-seven billion dollars – over ten per cent of the gross national product. Because the greatest part of these purchases are made by the Department of Defense, congressional action aimed at minimizing excessive profits has focused upon Defense Department procurement activities under the Armed Services Procurement Act (ASPA).
67/12/12 Oral Arguments Before The Us Supreme Court, Louis Stokes, Reuben M. Payne, Earl Warren, Hugo L. Black, William O. Douglas, John M. Harlan, William J. Brennan Jr., Potter Stewart, Byron R. White, Abe Fortas, Thurgood Marshall
67/12/12 Oral Arguments Before The Us Supreme Court, Louis Stokes, Reuben M. Payne, Earl Warren, Hugo L. Black, William O. Douglas, John M. Harlan, William J. Brennan Jr., Potter Stewart, Byron R. White, Abe Fortas, Thurgood Marshall
United States Supreme Court
Tuesday, December 12, 1967 oral arguments before the United States Supreme Court.
Juvenile Delinquency--Jurisdiction--Double Jeopardy, John Woodville Hatcher
Juvenile Delinquency--Jurisdiction--Double Jeopardy, John Woodville Hatcher
West Virginia Law Review
No abstract provided.