Digital Commons Network^™

Cheffer V. Reno: Is The Regulation Of Abortion Clinic Protests The Regulation Of Interstate Commerce, John M. Scheib

Villanova Law Review (1956 - )

No abstract provided.

Wanted: Privacy Protection For Doctors Who Performed Abortions, Angela Christina Couch

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The United Kingdom, The European Court Of Human Rights, And Constitutional Review, A. W. Bradley

Cardozo Law Review

The aim of this Article is to consider whether there is now in the United Kingdom the embryo of a procedure for constitutional review that results from the United Kingdom's adherence to the European Convention on Human Rights as well as the burgeoning case law being developed by the European Court of Human Rights. To the extent that such an embryo exists, I hope to show that this is a development which has not been directly willed by the United Kingdom Parliament, nor by successive United Kingdom governments. Assuming that this process deserves to be described as piecemeal constitution making, …

“A One Way Ticket To Palookaville”: Supreme Court Takings Jurisprudence After Dolan And Its Implication For New York City’S Waterfront Zoning Resolution, Jill Illan Berger Inbar

Cardozo Law Review

This Note will use the Waterfront Ordinance as a vehicle for examining the new heightened scrutiny standard introduced in Dolan. Part I provides an overview of takings jurisprudence and the traditional pre-Nollan and pre-Dolan standards, which were applied to determine whether an exercise of police power oversteps its bounds and interferes with private property rights guaranteed under the Fifth Amendment. Part II reviews the new standards espoused by the Supreme Court in Nollan and Dolan. Part III describes the purpose of New York City's 1993. Waterfront Zoning Ordinance and discusses its history, objectives, and provisions. Part …

Defending Duii Charges, Oregon Law Institute, Clarence E. Lankins, William Uhle, Robert G. Thuemmel, John Henry Hingson Iii, Erin K. Olson, Michael H. Marcus, John Powers, Nancy L. Macklin, Douglas A. Brown, Edward Jones, Frederick Lenzser

Oregon Law Institute, 1995

Course Materials from the October 6, 1995 Program in Portland

Cruel And Unusual?: Virginia's New Sex Offender Registration Statute, Elizabeth P. Bruns

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Federal Standards For Sex Offender Registration: Public Disclosure Confronts The Right To Privacy, Catherine A. Trinkle

William & Mary Law Review

No abstract provided.

The Public Safety Exception To Miranda: Analyzing Subjective Motivation, Marc Schuyler Reiner

Michigan Law Review

This Note argues, however, that the appropriate inquiry under Quarles is whether an actual and reasonable belief in an emergency motivated the interrogating officer. This Note proposes a two-prong test to facilitate this inquiry. The subjective motivation prong evaluates the officer's subjective motivation as revealed by objective factors: the. content of the officer's questions, when he asked them, and when the suspect received Miranda warnings. The objective reasonableness prong looks at the objective circumstances to determine the reasonableness of the officer's belief in an emergency.

Part I demonstrates that the Quarles opinion actually contemplates and requires analysis of the officer's …

Responsibility, Causation, And The Harm-Benefit Line In Takings Jurisprudence, Glynn S. Lunney Jr

Faculty Scholarship

As one of the guarantees provided in the Bill of Rights, the Fifth Amendment's Compensation Clause restricts government's otherwise largely plenary power over privately-held property rights. While the Compensation Clause does not directly limit government's ability to change, modify, or even eliminate existing privately-held property rights, in certain instances it circumscribes government's ability to force individual property owners to bear the cost of such government-imposed changes. Specifically, for those government-imposed property redistributions found to be "takings" within the meaning of the Compensation Clause, the Fifth Amendment requires federal and state governments to compensate the property holder for the taking, and …

Kenya: The Struggle To Create A Democracy, Lindsey Gustafson

BYU Law Review

No abstract provided.

Religious Liberty And The Ukrainian State: Nationalism Versus Equal Protection, Howard L. Biddulph

BYU Law Review

No abstract provided.

Chopping Miranda Down To Size, Michael Chertoff

Michigan Law Review

A Review of Confessions, Truth, and the Law by Joseph D. Grano

Constitutional Law — "Words That Injure: Laws That Silence:" Campus Hate Speech Codes And The Threat To American Education, Jeanne M. Craddock

Florida State University Law Review

No abstract provided.

Ethnicity And The Constitution: Beyond The Black And White Binary Constitution, Juan F. Perea

William & Mary Law Review

No abstract provided.

Balanced Scholarship And Racial Balance, Brian K. Landsberg

McGeorge School of Law Scholarly Articles

Professor Landsberg presents a responsive essay to Kirk Kennedy's Race-Exclusive Scholarships: Constitutional Vel Non. Professor Landsberg argues for the preservation of the Supreme Court's balanced approach to assessing the validity of affirmative action programs. Landsberg notes approvingly that the Court "has carefully avoided absolutes in deciding affirmative action cases," and criticizes Mr. Kennedy for his support of an absolute, all-or-nothing approach to race-exclusive scholarships. Landsberg argues first, that Regents of the University of California v. Bakke remains good law and that universities should not be enjoined from all race-conscious decisionmaking; second, that race-exclusive scholarships may, in narrow circumstances, be …

Sweeps: An Unwarranted Solution To The Search For Safety In Public Housing, Monica L. Seter

American University Law Review

No abstract provided.

The Nomination Of Justice Brennan: Eisenhower's Mistake: A Look At The Historical Record, Stephen Wermiel

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Environment Held In Trust For Future Generations Or The Dormant Commerce Clause Held Hostage To The Invisible Hand Of The Market, C.M.A. Mccauliff

Villanova Law Review (1956 - )

No abstract provided.

Reinterrogation, Marcy Strauss

UC Law Constitutional Quarterly

There is no clear delineation under Miranda and Edwards of when the police may reinterrogate a suspect after ordinarily invoking the right to counsel. Logically, the prohibition cannot be indefinite. This would violate the public policy of enabling law enforcement personnel to control crime. The goals of Miranda, Edwards, and related cases establish several factors to be weighed in determining when the prohibition against reinterrogation should end. These include the length of time since the right to counsel was invoked, whether the new crime is related to the one for which the right to counsel was invoked, whether the suspect …

Towards Democracy In A New South Africa, Adrien Katherine Wing

Michigan Journal of International Law

Review of Constitutional Options for a Democratic South Africa: A Comparative Perspective by Ziyad Motala

Counter-Demonstration As Protected Speech: Finding The Right To Confrontation In Existing First Amendment Law, Kevin F. O'Neill, R. Vasvari

Law Faculty Articles and Essays

Accordingly, this Article is aimed at disentangling lines of precedent that are all too frequently entwined by urging an analysis of public protest cases that distinguishes among the four regulatory players. Thus, this Article devotes separate sections to the regulatory roles of legislators,16 administrators,17 judges,18 and police,19 with an introductory section on the doctrinal bedrock in this field: the public forum doctrine.20

Free Speech And Due Process In The Workplace, Cynthia L. Estlund

Indiana Law Journal

No abstract provided.

Counter-Demonstration As Protected Speech: Finding The Right To Confrontation In Existing First Amendment Law, Kevin Francis O'Neill, Raymond Vasvari

UC Law Constitutional Quarterly

On any given issue, groups with rival viewpoints may clamor for access to a particular forum at a particular moment in time. Public officials, alarmed by the prospect of clashing demonstrators, may seek to enjoin the simultaneous presence of opposing groups. Though counter-demonstration is an increasingly prevalent phenomenon, few cases address the First Amendment implications of such an injunction. Courts granting injunctive relief have relied on a spontaneous combustion thesis, concluding the abstract possibility of violence suffices by itself to justify banishing counter-demonstrators from the forum.

This Article asserts that the spontaneous combustion thesis is utterly inconsistent with First Amendment …

Hung Up On Semantics: A Critique Of Davis V. United States, Samira Sadeghi

UC Law Constitutional Quarterly

A suspect being interrogated by the police suddenly says, Maybe I should talk to a lawyer. What legal effect, if any, should this statement have? What procedure should the police follow upon such an invocation? The United States Supreme Court in Davis v. United States adopted a rigorous standard for suspects invoking their Miranda rights.

This Comment criticizes the Court's adoption of the so-called threshold of clarity approach and its conclusion that only clearly asserted invocations of counsel trigger any protection for suspects. The Court's heightened requirement of clarity unfairly places a higher burden upon suspects in an already intimidating …

Taking Liberties With The First Amendment: Congress, Section 5, And The Religious Freedom Restoration Act, Jay S. Bybee

Scholarly Works

In 1993 Congress enacted the Religious Freedom Restoration Act (“RFRA”), which provided that government, including the United States and the states, “shall not substantially burden a person's exercise of religion even if the burden results from a rule of general applicability” except where the government can demonstrate that the burden furthers “a compelling governmental interest” and is “the least restrictive means of furthering that interest.”

Unfortunately, whatever consistency RFRA might bring to the substance of church-state relations comes at the expense of clarity in federal-state relations. This is unfortunate because the First Amendment does not address church-state relations; it concerns …

The Original Understanding Of The Takings Clause And The Political Process, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

The original understanding of the Takings Clause of the Fifth Amendment was clear on two points. The clause required compensation when the federal government physically took private property, but not when government regulations limited the ways in which property could be used. In 1922, however, the Supreme Court's decision in Pennsylvania Coal v. Mahon established a new takings regime. In an opinion by Justice Holmes, the Court held that compensation must be provided when government regulation "goes too far" in diminishing the value of private property. Since that decision, the Supreme Court has been unable to define clearly what kind …

Reconstructing The Bill Of Rights: A Reply To Amar And Marcus's Triple Play On Double Jeopardy, Susan Herman

Faculty Scholarship

No abstract provided.

The Fourth Amendment Protection Against Unreasonable Searches And Seizures And The French Experience, Florence Sophie Boreil

LLM Theses and Essays

Under the American approach to criminal justice, freedom of the individual is of the utmost importance. The American criminal justice system reflects a distrust of abuse of power and an emphasis on protection of personal freedom. However, the French take a contrary approach; under French law, freedom is achieved through the State. This paper examines the protection of individuals’ rights in American and French criminal procedure. Focus will be given to tracking the police investigatory powers in each country through searches and seizures, and the impact that those powers have on individuals’ rights. This paper will assert that the police …

Regulating Choice: A Constitutional Law Response To Professor John A. Robertson's Children Of Choice, Ann Maclean Massie

Washington and Lee Law Review

No abstract provided.

The Ghost At The Banquet: Slavery, Federalism, And Habeas Corpus For State Prisoners, Marc Arkin

Faculty Scholarship

No abstract provided.