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Articles 2281 - 2310 of 2634
Full-Text Articles in Entire DC Network
City Of Palm Bay V. Bauman, 475 So. 2d 1322 (5th Dca 1985), Wm. Andrew Hamilton
City Of Palm Bay V. Bauman, 475 So. 2d 1322 (5th Dca 1985), Wm. Andrew Hamilton
Florida State University Law Review
Constitutional Law-DRUG TESTING OF FLORIDA'S PUBLIC EMPLOYEES: WHEN MAY A PUBLIC EMPLOYER REQUIRE URINALYSIS?
Observations On The Supreme Court's Recent Affirmative Action Cases, Julia C. Lamber
Observations On The Supreme Court's Recent Affirmative Action Cases, Julia C. Lamber
Indiana Law Journal
No abstract provided.
Interception Of Communications In Exigent Circumstances: The Fourth Amendment, Federal Legislation, And The United States Department Of Justice, Clifford S. Fishman
Interception Of Communications In Exigent Circumstances: The Fourth Amendment, Federal Legislation, And The United States Department Of Justice, Clifford S. Fishman
Scholarly Articles
Part I briefly reviews basic Fourth Amendment case law regulating searches and seizures, summarizes the exigent circumstances doctrine, and discusses the applicability of that doctrine to electronic surveillance of communications. Part II outlines Title III's requirements for a "standard" (non-emergency, non-roving) interception order, including what the application and order must contain, and how such an order must be executed. Part III studies the emergency surveillance provision of Title III and reviews Justice Department policies and practices in implementing that provision. Part IV analyzes the new roving intercept provision, discusses its constitutionality, and looks at some practical problems that may arise …
Economic Due Process And The Takings Clause, John A. Humbach
Economic Due Process And The Takings Clause, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
The discussion which follows will examine the new verbalizations repeatedly employed in Supreme Court takings decisions of the past decade and the Court's enlistment of the just compensation requirement as a basis for undertaking substantive review of legislation. As an introduction, the distinctive historical roles and roots of the substantive due process and just compensation requirements will be reviewed.
A Synthesis And Integration Of Supreme Court Precedent Regarding The Regulatory Taking Of Land, John W. Ragsdale Jr
A Synthesis And Integration Of Supreme Court Precedent Regarding The Regulatory Taking Of Land, John W. Ragsdale Jr
Faculty Works
In the post World War II era of rapid land development, emergent environmental problems, and heightened legislative response, the taking clause has proved to be the most pervasive and significant limitation on the power of government over private land usage. The dimensions and implications of this provision and the interpretive Supreme Court opinions have attracted the attention of numerous scholars whose efforts, usually, have been rather critical. The authors have often sought to question the logic, language and premises of fundamental opinions, to warn of the economic, moral and ecological consequences of portended judicial trends, to pose new taking tests …
The Envelope, Please: Problems And Proposals For Electronic Mail Surveillance, C. Leigh Haynes
The Envelope, Please: Problems And Proposals For Electronic Mail Surveillance, C. Leigh Haynes
UC Law Constitutional Quarterly
No abstract provided.
The Safe Schools Provision: Can A Nebulous Constitutional Right Be A Vehicle For Change, Stuart Biegel
The Safe Schools Provision: Can A Nebulous Constitutional Right Be A Vehicle For Change, Stuart Biegel
UC Law Constitutional Quarterly
No abstract provided.
Decertification Of Police: An Alternative To Traditional Remedies For Police Misconduct, Roger Goldman, Steven Puro
Decertification Of Police: An Alternative To Traditional Remedies For Police Misconduct, Roger Goldman, Steven Puro
UC Law Constitutional Quarterly
No abstract provided.
Coming Up Dirty: Drug Testing At The Work Place, Terry A. Halbert
Coming Up Dirty: Drug Testing At The Work Place, Terry A. Halbert
Villanova Law Review (1956 - )
No abstract provided.
Keeping The Constitutional Republic: Civic Virtue Vs. Pornographic Attack, William A. Stanmeyer
Keeping The Constitutional Republic: Civic Virtue Vs. Pornographic Attack, William A. Stanmeyer
UC Law Constitutional Quarterly
No abstract provided.
Apartheid And The South African Judiciary, Lawrence G. Baxter
Apartheid And The South African Judiciary, Lawrence G. Baxter
Faculty Scholarship
No abstract provided.
The Judicial Right And The Rhetoric Of Restraint: A Defense Of Judicial Activism In An Age Of Conservative Judges, J. Skelly Wright
The Judicial Right And The Rhetoric Of Restraint: A Defense Of Judicial Activism In An Age Of Conservative Judges, J. Skelly Wright
UC Law Constitutional Quarterly
No abstract provided.
Constitutional Concerns In Drug Testing, Gordon J. Beggs
Constitutional Concerns In Drug Testing, Gordon J. Beggs
Journal of Law and Health
*this is not an article, rather a summary of recent case law and authority"
Reforming The Tort Defamation: An Accomodation Of The Competing Interests Within The Current Constitutional Framework, Paul A. Lebel
Reforming The Tort Defamation: An Accomodation Of The Competing Interests Within The Current Constitutional Framework, Paul A. Lebel
Faculty Publications
No abstract provided.
Miranda And The State Constitution: State Courts Take A Stand, Mary A. Crossley
Miranda And The State Constitution: State Courts Take A Stand, Mary A. Crossley
Vanderbilt Law Review
This Note examines how state courts have interpreted state constitutional guarantees of the privilege against self-incrimination independently of the Supreme Court's construction of the fifth amendment. Part II focuses on the historical and theoretical underpinnings of state constitutional law and examines state courts'renewed reliance on their state constitutions. Part III discusses the Supreme Court's interpretation of the fifth amendment in Miranda and its progeny. Part IV presents the states' response to Supreme Court holdings and surveys state court decisions interpreting state constitutions' self-incrimination provisions more broadly than the fifth amendment. Finally, Part V examines the potential for further growth in …
United States V. Salerno, Lewis F. Powell Jr.
United States V. Salerno, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Nollan V. California Coastal Commission, Lewis F. Powell Jr.
Nollan V. California Coastal Commission, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
United States V. Paradise, Lewis F. Powell Jr.
United States V. Paradise, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
The Exclusionary Rule: Not The "Expressed Juice Of The Woolly-Headed Thistle", Keith A. Fabi
The Exclusionary Rule: Not The "Expressed Juice Of The Woolly-Headed Thistle", Keith A. Fabi
Buffalo Law Review
No abstract provided.
The Decency Of Capital Punishment For Minors: Contemporary Standards And The Dignity Of Juveniles, Lawrence A. Vanore
The Decency Of Capital Punishment For Minors: Contemporary Standards And The Dignity Of Juveniles, Lawrence A. Vanore
Indiana Law Journal
No abstract provided.
En El Nombre De Dios--The Sanctuary Movement: Development And Potential For First Amendment Protection, Carl W. Levander
En El Nombre De Dios--The Sanctuary Movement: Development And Potential For First Amendment Protection, Carl W. Levander
West Virginia Law Review
No abstract provided.
The Constitutionality Of Sobriety Checkpoints
The Constitutionality Of Sobriety Checkpoints
Washington and Lee Law Review
No abstract provided.
Regulatory Taking: A Cause Of Action For Interim Damages, William Howell Freeman Jr.
Regulatory Taking: A Cause Of Action For Interim Damages, William Howell Freeman Jr.
University of Arkansas at Little Rock Law Review
No abstract provided.
Section 3142(E) Of The 1984 Bail Reform Act: Rebuttable Presumption Or Mandatory Detention?, Evan Shapiro
Section 3142(E) Of The 1984 Bail Reform Act: Rebuttable Presumption Or Mandatory Detention?, Evan Shapiro
Buffalo Law Review
No abstract provided.
Criminal Procedure In A Conservative Age: A Time To Rediscover The Critical Nonconstitutional Issues, Richard S. Frase
Criminal Procedure In A Conservative Age: A Time To Rediscover The Critical Nonconstitutional Issues, Richard S. Frase
Journal of Legal Education
No abstract provided.
Mining With Mr. Justice Holmes, E. F. Roberts
Mining With Mr. Justice Holmes, E. F. Roberts
Cornell Law Faculty Publications
No abstract provided.
The Clergy-Penitent Privilege And The Child Abuse Reporting Statute: Is The Secret Sacred, 19 J. Marshall L. Rev. 1031 (1986), Kathryn Keegan
The Clergy-Penitent Privilege And The Child Abuse Reporting Statute: Is The Secret Sacred, 19 J. Marshall L. Rev. 1031 (1986), Kathryn Keegan
UIC Law Review
No abstract provided.
Bowers V. Hardwick: The Constitutionality Of Georgia's Sodomy Statute, 20 J. Marshall L. Rev. 325 (1986), James J. Bromberek
Bowers V. Hardwick: The Constitutionality Of Georgia's Sodomy Statute, 20 J. Marshall L. Rev. 325 (1986), James J. Bromberek
UIC Law Review
No abstract provided.
Police Interrogation And Confessions, Yale Kamisar
Police Interrogation And Confessions, Yale Kamisar
Book Chapters
In the police interrogation room, where, until the second third of the century, police practices were unscrutinized and virtually unregulated, constitutional ideals collide with the grim realities of law enforcement.
The Court-Ordered Predisposition Evaluation Under Washington's Juvenile Justice Act: A Violation Of The Privilege Against Self-Incrimination?—Wash. Rev. Code § 13.40, Judith H. Ramseyer
The Court-Ordered Predisposition Evaluation Under Washington's Juvenile Justice Act: A Violation Of The Privilege Against Self-Incrimination?—Wash. Rev. Code § 13.40, Judith H. Ramseyer
Seattle University Law Review
This Comment analyzes the significance of the principles animating the constitutional privilege against self-incrimination by first looking at the purposes of Washington’s Juvenile Justice Act; second, by examining the status of the privilege against self-incrimination during sentencing; and third, by applying the values protected by the privilege to the use of predisposition psychological evaluations in Washington juvenile courts.