Digital Commons Network^™

Prior Representation And The Duty To Inquire: Breaching New York's "Once-An-Attorney" Rule, Rick B. Antonoff

Cardozo Law Review

No abstract provided.

Constitutional Law—Freedom Of Speech—Ban On Picketing In Front Of Individual Residence Does Not Violate First Amendment., E. Gregory Wallace

University of Arkansas at Little Rock Law Review

No abstract provided.

Detention Without Trial In The Second World War: Comparing The British And American Experiences, A.W. Brian Simpson

Florida State University Law Review

National security has long been advanced as a justification for the abrogation of civil liberties. In this lecture, Professor Simpson examines through the analysis of particular cases how two nations dealt with these competing values in the interment without trial of their respective citizens during World War II. Condemning the secrecy and lack of accountability of the authorities responsible for protecting the nation, Simpson issues a call for vigilance and a warning that patterns and habits of respect for liberty will serve better than mere forms of procedure to effectively insure that liberties are not again abandoned to ill-founded claims …

Free Exercise And Dress Codes: Toward A More Consistent Protection Of A Fundamental Right, Dale E. Carpenter

Indiana Law Journal

No abstract provided.

The Constitutional Protection Of Freedom Of Religion, Expression, And Association In Canada And The United States: A Comparative Analysis, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.

Constitutional Policymaking In The Burger Years, Joel B. Grossman

Michigan Law Review

A Review of The Burger Years: Rights and Wrongs in the Supreme Court 1969-1986 by Herman Schwartz

Conference Program

Group Defamation & Freedom of Speech: The Relationship Between Language and Violence (1988)

No abstract provided.

Bowers V. Hardwick: No Constitutional Protection For Private Consensual Homosexual Intimacy, Joan Brinson Dressler

North Carolina Central Law Review

No abstract provided.

Clearing The Roadblocks To Sobriety Checkpoints, Mark R. Soble

University of Michigan Journal of Law Reform

This Note examines the constitutional and policy implications of sobriety checkpoints. Part I discusses the competing interests involved in implementing sobriety checkpoints. Part II presents an appropriate constitutional standard for judging sobriety checkpoints. Part III proposes reform-oriented measures that conform to constitutional guidelines. This Note concludes that properly conducted sobriety checkpoints are constitutional.

V. Constitutional Law

Washington and Lee Law Review

No abstract provided.

First English: The Fifth Amendment Requires Just Compensation For A Regulatory Taking, Anne E. Sheppard

Villanova Law Review (1956 - )

No abstract provided.

Nollan V. California Coastal Commission: Unprecedented Intrusion Upon A State's Judgment Of The Proper Means To Be Applied In Land Use Regulation, 21 J. Marshall L. Rev. 641 (1988), Mary M. Cizerle

UIC Law Review

No abstract provided.

Affirmative Action: A Divided Supreme Court, 22 J. Marshall L. Rev. 99 (1988), Arthur J. Marinelli

UIC Law Review

No abstract provided.

Rethinking Harmless Constitutional Error, A. Kimberley Dayton

Faculty Scholarship

This article examines the increasing role of the Chapman Rule and its effect on the harmless error doctrine and outlines a coherent doctrine of constitutional error responsive to the purposes of the various constitutional protections afforded criminal defendants. Part I evaluates the Court's existing harmless error jurisprudence. Part II proposes a harmless error doctrine that, unlike the Court's approach, responds to constitutional values unrelated to truth determination. The last two parts of the Article address two problems precipitated by the use of outcome-oriented rules to define and remedy constitutional error. Part III discusses when such a rule should be used …

Preemption And Federalism: The Missing Link, Paul Wolfson

UC Law Constitutional Quarterly

No abstract provided.

Do Judicial Scarlet Letters Violate The Cruel And Unusual Punishments Clause Of The Eight Amendment, Gregory M. Brown

UC Law Constitutional Quarterly

No abstract provided.

Preventive Detention: Illinois Takes A Tenative Step Towards A Safer Community, 21 J. Marshall L. Rev. 389 (1988), Carolyn Nickels Offenbach

UIC Law Review

No abstract provided.

Reconstructing The Takings Doctrine By Redefining Property And Sovereignty, John Martinez

Fordham Urban Law Journal

In 1987, the Supreme Court decided three cases involving "takings" challenges to governmental exercise of the power to control land use. This trilogy of cases affirmed the continuing validity of a three-part analytical model in addressing the takings problem: (1) is private property involved; (2) has governmental action so affected it as to require a remedy; and (3) what remedy should be provided? This Article critically examines that model and argues that the first two questions are fundamentally indistinguishable and that to treat them as distinct inquiries is unworkable. The Article then proposes a functional approach under which individuals are …

Nudity, Obscenity And Pornography: The Streetcars Named Lust And Desire, George P. Smith Ii

Scholarly Articles

No abstract provided.

Recent Development, Jonathan J. Cheatwood

Vanderbilt Journal of Transnational Law

The exclusionary rule requires the suppression of evidence that agents of United States Government seize abroad in violation of the fourth amendment to the United States Constitution. In contrast, the exclusionary rule does not generally apply to overseas operations conducted by agents of a foreign country, even though the operation would violate the fourth amendment if conducted by United States officials. This dichotomy is the result of a judicial realization that the exclusion of evidence seized by foreign police in violation of the United States Constitution and presented on a "silver platter" to United States law enforcement officials cannot be …

A Preface To Constitutional Theory, David B. Lyons

Faculty Scholarship

We have a plethora of theories about judicial review, including theories about theories, but their foundations require stricter scrutiny. This Essay presents some aspects of the problem through an examination of two important and familiar ideas about judicial review.

The controversy over "noninterpretive" review concerns the propriety of courts' deciding constitutional cases by using extraconstitutional norms. But the theoretical framework has not been well developed and appears to raise the wrong questions about judicial review. Thayer's doctrine of extreme judicial deference to the legislature has received much attention, but his reasoning has been given less careful notice. Thayer's rule rests …

State V. Mid-Florida Growers, Inc., 505 So. 2d 592 (Fla. 2d Dca 1987), Jonathan Sjostrom

Florida State University Law Review

Constitutional Law-PUBLIC PERIL AND PRIVATE PROPERTY IN THE TAKINGS CLAUSE

The Right To Speak, The Right To Hear, And The Right Not To Hear: The Technological Resolution To The Cable/Pornography Debate, Michael I. Meyerson

All Faculty Scholarship

The advent of cable television presented a new opportunity to consider the competing interests on each side of the free speech/pornography debate. This Article attempts to construct an analysis that will be consistent with Supreme Court teaching on how government, under the first amendment, may constitutionally regulate legal obscenity, particularly in the name of protecting those who wish to avoid exposure to such material.

The Article shows how, unlike earlier battles over technology and pornography, cable television presented the novel opportunity to have a technological rather than a censorial solution to this difficult problem.

Mandatory Drug Testing For Federal Employees And Private Employees In Government Regulated Industries: Is Drug Testing Without Probable Cause Unconstitutional?, Kevin C. Miller

Washington and Lee Law Review

No abstract provided.

Hawaii And The United States Supreme Court: Three Cases On Law, History, And The United States Constitution, William E. H. Tagupa

Pacific Studies

No abstract provided.

Whatever Happened To The "Right To Know?": The Right Of Access To Government-Controlled Information Since Richmond Newspapers On Those Who Don't, Michael Hayes

All Faculty Scholarship

No abstract provided.

Taking Federalism Seriously, Mitchell E. Daniels Jr., Alex Dimitrief

Articles & Chapters

No abstract provided.

State Adoption Of Federal Law: Exploring The Limits Of Florida's "Forced Linkage" Amendment, Christopher Slobogin

Vanderbilt Law School Faculty Publications

This article examines the "forced linkage" between state and federal provisions that the 1983 amendment establishes in Florida. It concludes that forced linkage is ill-conceived, because it is inimical to state court independence. Accordingly, this article argues, the 1983 amendment to article I, section 12 of the Florida Constitution should be repealed. If not repealed, it should be interpreted to permit Florida courts broad discretion in developing their own stance on search and seizure law. So construed, the amendment would only require Florida courts to abide by those United States Supreme Court opinions that provide (1) an authoritative holding that …

The Right Of Who To Bear What, When, And Where--West Virginia Firearms Law V. The Right-To-Bear-Arms Amendment, James W. Mcneely

West Virginia Law Review

No abstract provided.

Constitutional Politics: Affirmative Action And Supreme Process, Albert Broderick

North Carolina Central Law Review

No abstract provided.