Digital Commons Network^™

Structuring The Ballot Initiative: Procedures That Do And Don't Work, Richard B. Collins, Dale Oesterle

Publications

No abstract provided.

Taking A Look At The Modem Takings Clause Jurisprudence: Finding Private Property Protection Under The Federal And Utah Constitutions, David W. Tufts

BYU Law Review

No abstract provided.

Visions Of Habeas, David Mccord

BYU Law Review

No abstract provided.

Constitutional Law—21 U.S.C. § 881 And The Eighth Amendment: Application Of The Proportionality Requirement To Civil Forfeitures. Austin V. United States, 113 S. Ct. 2801 (1993), T. Michelle Ator

University of Arkansas at Little Rock Law Review

No abstract provided.

The Indiana Supreme Court's Emerging Free Speech Doctrine, Daniel O. Conkle

Indiana Law Journal

Free Speech and the Indiana Constitution: First Thoughts on Price v. State

Mining Regulation And Takings, Mark Squillace

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

10 pages.

Contains footnotes.

City Of Tigard And Takings Law, Richard D. Lazarus

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

10 pages.

Contains 1 page of references.

Floodplain And Wetland Regulatory “Takings”, Jon A. Kusler

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

4 pages.

Executive Detention In Time Of War, Richard A. Posner

Michigan Law Review

A Review of In the Highest Degree Odious: Detention Without Trial in Wartime Britain by A.W. Brian Simpson

Girls Lean Back Everywhere: The Law Of Obscenity And The Assault On Genius By Edward De Grazia, Robert M. O'Neil

Cardozo Law Review

Such a headline from the 1990s reminds American readers that, however shameful may have been the treatment of obscenity and pornography in the United States during the past one hundred years, things could have been worse. Even so, the record here is hardly a source of pride-nor does the story have an altogether happy ending, if it has one at all. Yet it is a story that badly needs to be told, and never has it been better told than by Edward de Grazia in Girls Lean Back Everywhere.

The Continuing Evolution Of Criminal Constitutional Law In State Courts, S. Carran Daughtrey

Vanderbilt Law Review

Although early state constitutions were important and ambitious documents for their time, the development of state constitutional law stagnated after the drafting and adoption of the federal constitution., As the doctrine of federalism has resurfaced, however, states have begun to turn to their constitutions to grant more protection for their citizens. The states' criminal constitutional laws have changed significantly and continue to evolve today.

In the 1960s, the Warren Court expanded basic protections for criminal defendants by finding that the Fourteenth Amendment incorporates the Fourth, Fifth, and Sixth Amendments. The Court held that the Eighth Amendment prohibits cruel and unusual …

"Rejecting The Parasite And Motivating The Laggard". A Constitutional Analysis Of The District Of Columbia's Aggressive Panhandling Statute, Katherine S. Broderick

University of the District of Columbia Law Review

No abstract provided.

Incorporating The Suspension Clause: Is There A Constitutional Right To Federal Habeas Corpus For State Prisoners?, Jordan Steiker

Michigan Law Review

In the early 1960s, the Supreme Court adopted generous standards governing federal habeas petitions by state prisoners. At that time, the Court suggested, rather surprisingly, that its solicitude toward such petitions might be constitutionally mandated by the Suspension Clause, the only provision in the Constitution that explicitly refers to the "Writ of Habeas Corpus." Now, thirty years later, the Court has essentially overruled those expansive rulings, and Congress has considered, though not yet enacted, further limitations on the availability of the writ. Despite these significant assaults on the habeas forum, the constitutional argument appears to have been entirely abandoned. The …

Writing Supreme Court Biography: A Single Lens View Of A Nine-Sided Image, Stephen Wermiel

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Minnesota Burning: R.A.V. V. City Of St. Paul And First Amendment Precedent, Jeffrey M. Laurence

UC Law Constitutional Quarterly

The Supreme Court has long held that it would strictly scrutinize restrictions which burdened protected speech based on the content of the speech. In the past, fighting words have been considered as having such slight social value that they did not merit First Amendment protection. In R.A.V., the Court entered uncharted First Amendment territory when it added an underinclusiveness standard to the content based test. Under the new standard, St. Paul, Minnesota's hate speech law was found invalid as viewpoint discrimination aimed at a subset of fighting words.

The test adopted by the majority is problematic. Contrary to the majority's …

Racism In Our Courts: The Underfunding Of Public Defenders And Its Disproportionate Impact Upon Racial Minorities, Rebecca Marcus

UC Law Constitutional Quarterly

The severe underfunding of the nation's Public Defender System has jeopardized the criminal defendant's right to adequate assistance of counsel. The denial of this right has a disproportionate impact upon racial minorities because they are disproportionately represented by public defenders. The result is a violation of minorities' Sixth Amendment right to counsel and Fourteenth Amendment right to equal protection.

This Note examines the causes of under-funding and its effects on racial minorities. To remedy this discrimination, this Note offers several proposals, including a burden-shifting scheme, the use of the disparate impact standard to show discrimination (as opposed to the discriminatory …

Note, Give Me Liberty Or Give Me Silence: Taking A Stand On Fifth Amendment Implications For Court-Ordered Therapy Programs, Jessica Wilen Berg

Faculty Publications

No abstract provided.

State Constitutional Protection Of Children With Aids And The Right To A Public Education, Jeffrey M. Croasdell

Cleveland State Law Review

The purpose of this article is to examine the problem that the American public school system is facing with respect to children with AIDS. In addition, this paper will examine how the courts are analyzing this issue and show why the current trend of analysis is weaker than it should be. Finally, this paper will look at how state constitutions are more frequently being used to protect individual rights and how the state constitutions could be used to protect the right of children with AIDS to free public education.

Constitutional Law—Miranda Comes Out From Under A Stone: In Withrow V. Williams, The Supreme Court Declines To Extend The Rule From Stone V. Powell To Preclude Federal Courts From Hearing A State Prisoner's Habeas Corpus Petition Based On An Alleged Violation Of The Prisoner's Miranda Rights, Marcus N. Bozeman

University of Arkansas at Little Rock Law Review

No abstract provided.

Of Laws And Men: An Essay On Justice Marshall's View Of Criminal Procedure, Bruce A. Green, Daniel C. Richman

Faculty Scholarship

No abstract provided.

Beware That False First Step, David R. Fine

Kentucky Law Journal

No abstract provided.

The Text Of The Free Exercise Clause As A Measure Of Employment Division V Smith And The Religious Freedom Restoration Act, Allan Ides

Washington and Lee Law Review

No abstract provided.

Bright Lines And Opaque Containers: Searching For Reasonable Rules In Automobile Cases, Stephen J. Bogacz ,Esq.

Touro Law Review

No abstract provided.

Obscenity, Pornography, And The First Amendment Theory, Arnold H. Loewy

William & Mary Bill of Rights Journal

No abstract provided.

The Unitary Executive In A Unified Theory Of Constituional Law: The Problem Of Interpretation, Geoffrey P. Miller

Cardozo Law Review

Among theoretical issues in the area of federal separation of powers, the status of the Unitary Executive may be the most controversial: To what extent does the Constitution establish the President as a national chief executive with ultimate authority over activities of national administration? In this paper, I propose a model of the Unitary Executive which differs in some respects from prior work, including my own work on independent agencies, which I now view as incomplete. The model is grounded in a unified theory of constitutional law-i.e., a theory that includes issues both of rights and of structure within a …

The Merryman Power And The Dilemma Of Autonomous Executive Branch Interpretation, Michael Stokes Paulsen

Cardozo Law Review

Most everybody today concedes some degree of executive branch autonomy in the interpretation of federal law. The examples most frequently given of areas of executive interpretive autonomy involve situations where the President interprets the law incident to the exercise of those constitutional powers that are thought to be exclusively presidential (and thus unreviewable by the courts), such as the pardon and the veto. The President may grant a pardon (it is generally conceded) on legal grounds rejected by the courts. For example, he may issue a pardon based on his opinion that a conviction was unconstitutional, notwithstanding the judiciary's contrary …

Predatory Governmental Zoning Practices And The Supreme Court's New Takings Clause Formulation: Timing, Value, And R.Lb.E., William C. Leigh, Bruce W. Burton

BYU Law Review

No abstract provided.

Constitutional Law—Striking A Needed Balance Between The Rights Of Publishers And The Interests Of The Public. Braun V. Soldier Of Fortune Magazine, Inc., 968 F.2d 1110 (11th Cir. 1992)., John Peel

University of Arkansas at Little Rock Law Review

No abstract provided.

The New First Amendment And Its Impact On The Second, Daniel O. Conkle

Indiana Law Journal

No abstract provided.

Cooper V. Dupnik: Civil Liability For Unconstitutional Interrogations, Julie E. Hawkins

Washington and Lee Law Review

No abstract provided.