Digital Commons Network^™

Part Of The Moving Stream: State Constitutional Law, Sodomy, And Beyond, Shirley A. Wiegand, Sara Farr

Kentucky Law Journal

No abstract provided.

Constitutional Privacy Rights In The Private Workplace, Under The Federal And California Constitutions, John C. Barker

UC Law Constitutional Quarterly

No abstract provided.

The Rhetoric Of Gun Control, Andrew Jay Mcclurg

American University Law Review

No abstract provided.

Constitutional Law—Punitive Damages—Alabama's Common Law Scheme Of Awarding Punitive Damages Does Not Violate Due Process. Pacific Mutual Life Ins. Co. V. Haslip., Melody Sue Peacock

University of Arkansas at Little Rock Law Review

No abstract provided.

Modern Confession Law After Duckworth V. Eagan: What's The Use Of Explaining?, Julia C. Weissman

Indiana Law Journal

No abstract provided.

A Special Needs Exception To The Warrant And Probable Cause Requirements For Mandatory And Uniform Pre-Arraignment Drug Testing In The Wake Of Skinner V. Railway Labor Executives' Association And National Treasury Employees' Union V. Von Raab, Russell C. Skousen

Brigham Young University Journal of Public Law

No abstract provided.

Drug Testing And Welfare: Taking The Drug War To Unconstitutional Limits?, Philippa M. Guthrie

Indiana Law Journal

No abstract provided.

Equal Protection And The Procedural Bar Doctrine In Federal Habeas Corpus, Laura Gaston Dooley

Law Faculty Publications

No abstract provided.

Divided We Stand: State Constitutions In A More Perfect Union, Shirley S. Abrahamson

UC Law Constitutional Quarterly

No abstract provided.

Houses Of Worship And Religious Liberty: Constitutional Limits To Landmark Preservation And Architectural Review, Angela C. Carmella

Villanova Law Review (1956 - )

No abstract provided.

Horton V. California: The Plain View Doctrine Loses Its Inadvertency, 24 J. Marshall L. Rev. 891 (1991), John A. Mack

UIC Law Review

No abstract provided.

Understanding "Rights" And Bills Of Rights, Albert P. Blaustein, Carol Tenney

University of Richmond Law Review

Scholars hold that there are forty to fifty distinct human rights. History teaches that they should be constitutionally enshrined. In this modern era when constitution-making is multiplying, drafters of bills of rights must now determine questions of formulation and location. How should these forty to fifty distinct human rights be classified; where in these constitutions should these rights be recited?

Legislation Punishing Drug Use During Pregnancy: Attack On Women's Rights In The Name Of Fetal Protections, Nancy K. Schiff

UC Law Constitutional Quarterly

No abstract provided.

The Exigent Circumstances Exception To The Warrant Requirement, H. Patrick Furman

Publications

No abstract provided.

The Exclusionary Rule And Confession Evidence: Some Perspectives On Evolving Practices And Policies In The United States And England And Wales, Mark Berger

Faculty Works

No abstract provided.

Search And Seizure

Touro Law Review

No abstract provided.

Interaction Between State And Federal Right To Counsel: The Overruling Of Bartolomeounsel: The Overruling Of Bartolomeo, Joseph D. Sullivan

Touro Law Review

No abstract provided.

Sex, Lies And Videotape: The Pornographer As Censor, Marianne Wesson

Publications

The legal branch of the women's movement, although of one mind on some subjects, is divided on the proper approach to pornography. Some feminists oppose the imposition of any legal burdens on pornography because they fear that feminist speech will be caught in the general suppression, and others believe that any such burdens must violate the first amendment. Professor Wesson suggests that pornography should be defined to include only those materials that equate sexual pleasure with the infliction of violence or pain, and imply approval of conduct that generates the actor's arousal or satisfaction through this infliction. So defined, pornography …

To Stimulate, Provoke, Or Incite? Hate Speech And The First Amendment, Kenneth Lasson

All Faculty Scholarship

If protecting freedom of speech is one of mankind's noblest pursuits, then restricting it is the most difficult. Yet limit we must: even the purest civil libertarian will concede that false shouts of fire cannot be countenanced nor broadcasts of wartime troop movements; even those who object to obscenity laws recognize the need for enabling redress of libel; and even those who would protect the right to be insulting do not defend inflammatory words spit out nose-to-nose. Now a spate of "speech codes" on college campuses has once again brought the first amendment to the fore, part of a simmering …

Suicide, Liberty And Our Imperfect Constitution: An Analysis Of The Legitimacy Of The Supreme Court's Entanglement In Decisions To Terminate Life-Sustaining Medical Treatment, Terrance A. Kline

Campbell Law Review

As the law developed in the states, the Supreme Court of the United States, in its 1990 opinion in Cruzan v. Director, Missouri Department of Health, determined that there exists a right to terminate life-sustaining medical treatment under the United States Constitution. As a result of the decision, new uncertainties have been infused into the state legislative and judicial responses to the issue. After examining the Cruzan decision below, I probe the constitutional legitimacy and the prudence of the Supreme Court's role in decisions relating to the termination of life-sustaining medical treatment. I conclude that the Court in Cruzan, though …

The Principles Of Fundamental Justice: The Constitution And The Common Law, J. M. Evans

Osgoode Hall Law Journal

This article examines the application of the principles of fundamental justice in section 7 of the Charter to administrative law, and in particular its relationship to non-constitutional grounds of judicial review. The author argues that in this area of the law the common law should generally be regarded as the source of the basic tenets of our legal system that section 7 has been said to embody. The author suggests that the traditional grounds of judicial review of administrative action represent the courts' accommodation of individual rights and the collective interest, and thus cover much the same ground as the …

Equal Protection And The Procedural Bar Doctrine In Federal Habeas Corpus, Laura Dooley

Scholarly Works

Winford L. Stokes, Jr. and Theodore C. Harris had much in common. Both were death-row inmates in the late 1980s. Both were convicted of murder following bifurcated jury trials in which they later alleged that they had not received effective assistance of counsel as required by the federal Constitution. Both inmates sought collateral review of their convictions in federal courts. The similarities between them end there. Because Stokes had procedurally defaulted on his federal constitutional claim in state court under the law of Missouri, the federal appeals court refused to consider the merits of his federal constitutional claim.' Harris, on …

Passive Communication In Public Fora: The Case For First Amendment Protection Of Newsracks, Sandra L. Cobden

Cardozo Law Review

No abstract provided.

Ties That Bind?: The Supreme Court Of Canada, American Jurisprudence, And The Revision Of Canadian Criminal Law Under The Charter, Robert Harvie, Hamar Foster

Osgoode Hall Law Journal

Chief Justice Dickson has suggested that Canadian jurists should consult American authority in Charter cases, but with care. The authors look at how the Court has followed this advice in its own criminal decisions rendered prior to March 1989, in which American authority is cited in less than 50 percent of the cases. The authors conclude that, in some significant areas, the Court has interpreted the interests of the accused more broadly than the American Supreme Court does and has on occasion done so without citing divergent U.S. precedent. The effect of sections 1 and 24(2) of the Charter on …

The Truth About Massiah, James J. Tomkovicz

University of Michigan Journal of Law Reform

First, the Article will summarize the Justice Department's discussion of the Massiah right to counsel and the exclusion of evidence under Massiah. Next, it will evaluate the nature of the Report and the character of legal scholarship. Finally, it will explore the substantive debate over Massiah. In that section, the Article will point out the matters on which the DOJ and I agree, will attempt to frame the fundamental questions raised by the Massiah doctrine, and will investigate potential sources of answers to those constitutional questions. Ultimately, it will provide the answers that I prefer, explaining the premises …

Form And Function In The Administration Of Justice: The Bill Of Rights And Federal Habeas Corpus, Larry W. Yackle

University of Michigan Journal of Law Reform

Part I critiques the Report's insistence that accurate fact finding exhausts, or nearly exhausts, the objectives of criminal justice, identifies the fundamental role of the Bill of Rights in the American political order, and situates federal habeas corpus within that framework. Part II traces the Report's historical review of the federal habeas jurisdiction and critiques the Report's too-convenient reliance on selected materials that, on examination, fail to undermine conventional understandings of the writ's development as a postconviction remedy. Part III responds to the Report's complaints regarding current habeas corpus practice and refutes contentions that the habeas jurisdiction overburdens federal dockets …

The Privilege To Keep And Bear Arms: The Second Amendment And Its Interpretation, William A. Walker

Michigan Law Review

A Review of The Privilege to Keep and Bear Arms: The Second Amendment and Its Interpretation by Warren Freedman

Texas V. Johnson, 109 S. Ct. 2533 (1989), Deborah Tully Eversole

Florida State University Law Review

Constitutional Law-A VOYAGE THROUGH MURKY WATERS: ASSESSING FLAG MISUSE PROHIBITIONS IN THE WAKE OF Texas v. Johnson, 102 S. Ct. 2533 (1989)

Atomic Bomb Testing And The Warner Amendment: A Violation Of The Separation Of Powers, William A. Fletcher

Washington Law Review

Hundreds of thousands of American soldiers and civilians were exposed to radiation during atmospheric tests of atomic bombs between 1946 and 1963. An undetermined number of them are now ill or dead from diseases traceable to that exposure. In the early 1980s, some of the soldiers and civilians, or their survivors, brought damage suits against the private contractors that had helped the United States government carry out the tests. In 1984, Congress interfered with the judicial process by passing the Warner Amendment, which retroactively provided sovereign immunity to the contractors and required dismissal of the suits. Professor Fletcher shows that …

The Constitutionality Of An Off-Dutysmoking Ban For Public Employees:Should The State Butt Out?, Elizabeth B. Thompson

Vanderbilt Law Review

During the past several years, restrictions imposed by states, cities,and municipalities on smoking in public areas have survived court challenges and become almost commonplace.' Likewise, both public and private employers have limited smoking in the workplace. A further restriction that seems to be emerging, however, is a refusal by both the state and a growing number of private employers to hire or to continue to employ smokers. These restrictions limit the employee's freedom to smoke not only in the workplace, but also after working hours and within the privacy of the worker's home.

This Note will address the constitutionality of …