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Constitutional Law

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Justice Sanford And Modern Free Speech Analysis: Back To The Future?, Philip J. Prygoski Jan 1986

Justice Sanford And Modern Free Speech Analysis: Back To The Future?, Philip J. Prygoski

Kentucky Law Journal

No abstract provided.


A Punishment In Search Of A Crime: Standards For Capital Punishment In The Law Of Criminal Homicide, Franklin E. Zimring, Gordon Hawkins Jan 1986

A Punishment In Search Of A Crime: Standards For Capital Punishment In The Law Of Criminal Homicide, Franklin E. Zimring, Gordon Hawkins

Maryland Law Review

No abstract provided.


The Law Of Confessions: Part Ii, Paul C. Giannelli Jan 1986

The Law Of Confessions: Part Ii, Paul C. Giannelli

Faculty Publications

No abstract provided.


The Twenty-First Amendment And The Commerce Clause: What Rationale Supports Bacchus Imports, Eric T. Freeman Jan 1986

The Twenty-First Amendment And The Commerce Clause: What Rationale Supports Bacchus Imports, Eric T. Freeman

UC Law Constitutional Quarterly

No abstract provided.


Debating Conviction Against Conviction--Constitutional Considerations On The Sanctuary Movement, Ruti G. Teitel Jan 1986

Debating Conviction Against Conviction--Constitutional Considerations On The Sanctuary Movement, Ruti G. Teitel

UC Law Constitutional Quarterly

No abstract provided.


National Minimum Drinking Age Act Of 1984: Once Again Congress Mails Home Another Fist, Kevin Kadlec Jan 1986

National Minimum Drinking Age Act Of 1984: Once Again Congress Mails Home Another Fist, Kevin Kadlec

Cleveland State Law Review

This Note will examine the federal interest as it conflicts with the states' interest in setting their own drinking ages, which are derived from section two of the twenty-first amendment and the tenth amendment, respectively. This conflict is given sharper focus when examined in the context of Supreme Court tests and balancing measures developed in recent decades in these constitutional arenas. A controversy has arisen because of the congressional imposition of a national minimum drinking age on the states through coercive withholding of federal funds. It is the purpose of this Note to examine the controversy created by the Drinking …


The Law Of Confessions: Part I, Paul C. Giannelli Jan 1986

The Law Of Confessions: Part I, Paul C. Giannelli

Faculty Publications

No abstract provided.


Debating Conviction Against Conviction — Constitutional Considerations On The Sanctuary Movement, Ruti G. Teitel Jan 1986

Debating Conviction Against Conviction — Constitutional Considerations On The Sanctuary Movement, Ruti G. Teitel

Articles & Chapters

No abstract provided.


California V. Ciraolo, Lewis F. Powell Jr. Oct 1985

California V. Ciraolo, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Constitutional Law—Equal Protection—Zoning Ordinance Excluding Home For The Mentally Retarded Fails The Rational Basis Test, Patricia J. Dolson Oct 1985

Constitutional Law—Equal Protection—Zoning Ordinance Excluding Home For The Mentally Retarded Fails The Rational Basis Test, Patricia J. Dolson

University of Arkansas at Little Rock Law Review

No abstract provided.


The Takings Clause: Principles Or Politics?, Leslie Bender Oct 1985

The Takings Clause: Principles Or Politics?, Leslie Bender

Buffalo Law Review

No abstract provided.


Hardwick V. Bowers: An Attempt To Pull The Meaning Of Doe V. Commonwealth's Attorney Out Of The Closet, Elisa L. Fuller Sep 1985

Hardwick V. Bowers: An Attempt To Pull The Meaning Of Doe V. Commonwealth's Attorney Out Of The Closet, Elisa L. Fuller

University of Miami Law Review

No abstract provided.


Doe And Dronenburg: Sodomy Statutes Are Constitutional, Arthur E. Brooks May 1985

Doe And Dronenburg: Sodomy Statutes Are Constitutional, Arthur E. Brooks

William & Mary Law Review

No abstract provided.


The Admissibility Of Prior Silence To Impeach The Testimony Of Criminal Defendants, Rex A. Sharp Apr 1985

The Admissibility Of Prior Silence To Impeach The Testimony Of Criminal Defendants, Rex A. Sharp

University of Michigan Journal of Law Reform

This Note focuses on whether a defendant who was called as a witness at the prior, severed trial of a codefendant and refused to testify by invoking the fifth amendment can subsequently be impeached by this silence at his own trial. In addition to the obvious implications this issue has for severed criminal trials, the factors considered when deciding whether impeachment by silence should be allowed generally are in sharpest focus in this factual setting. Thus, the analysis of the constitutional and evidentiary questions this Note enlists to argue that impeachment by silence in this context is permissible applies as …


A Lesson In Incaution, Overwork, And Fatigue: The Judicial Miscraftsmanship Of Segura V. United States, Joshua Dressler Apr 1985

A Lesson In Incaution, Overwork, And Fatigue: The Judicial Miscraftsmanship Of Segura V. United States, Joshua Dressler

William & Mary Law Review

No abstract provided.


Of Cultural Determinism And The Limits Of Law, Paul R. Dimond, Gene Sperling Feb 1985

Of Cultural Determinism And The Limits Of Law, Paul R. Dimond, Gene Sperling

Michigan Law Review

A Review of Civil Rights: Rhetoric or Reality? by Thomas Sowell


Entrapment, De Lorean And The Undercover Operation: A Constitutional Connection, 18 J. Marshall L. Rev. 365 (1985), Kevin Hackett O'Neill Jan 1985

Entrapment, De Lorean And The Undercover Operation: A Constitutional Connection, 18 J. Marshall L. Rev. 365 (1985), Kevin Hackett O'Neill

UIC Law Review

No abstract provided.


New York V. Quarles: Dimming Miranda's Bright Line, W. Scott Campbell Jan 1985

New York V. Quarles: Dimming Miranda's Bright Line, W. Scott Campbell

West Virginia Law Review

No abstract provided.


Casenotes: Constitutional Law — Roadside Sobriety Tests May Not Be Administered By Law Enforcement Officials Without Probable Cause To Believe The Defendant Was Driving While Intoxicated. People V. Carlson, 677 P.2d 310 (Colo. 1984), Elena A. Rodney Jan 1985

Casenotes: Constitutional Law — Roadside Sobriety Tests May Not Be Administered By Law Enforcement Officials Without Probable Cause To Believe The Defendant Was Driving While Intoxicated. People V. Carlson, 677 P.2d 310 (Colo. 1984), Elena A. Rodney

University of Baltimore Law Review

No abstract provided.


Casenotes: Constitutional Law — First Amendment — Regulation Prohibiting Sleeping In National Parks Upheld As A Valid Time, Place, And Manner Regulation Regardless Of Whether Sleeping Is Speech. Clark V. Community For Creative Non-Violence, 104 S. Ct. 3065 (1984), Susan H. Hickes Jan 1985

Casenotes: Constitutional Law — First Amendment — Regulation Prohibiting Sleeping In National Parks Upheld As A Valid Time, Place, And Manner Regulation Regardless Of Whether Sleeping Is Speech. Clark V. Community For Creative Non-Violence, 104 S. Ct. 3065 (1984), Susan H. Hickes

University of Baltimore Law Review

No abstract provided.


Stanley Mosk: A Federalist For The 1980'S, Arthur J. Goldberg Jan 1985

Stanley Mosk: A Federalist For The 1980'S, Arthur J. Goldberg

UC Law Constitutional Quarterly

No abstract provided.


Cordless Telephones And The Fourth Amendment: A Trap For The Unwary Consumer, Mark S. Snell Jan 1985

Cordless Telephones And The Fourth Amendment: A Trap For The Unwary Consumer, Mark S. Snell

Kentucky Law Journal

No abstract provided.


Constricting Federal Habeas Corpus: From Great Writ To Exceptional Remedy, Yale L. Rosenberg Jan 1985

Constricting Federal Habeas Corpus: From Great Writ To Exceptional Remedy, Yale L. Rosenberg

UC Law Constitutional Quarterly

No abstract provided.


New York V. Quarles: The Dissolution Of Miranda, Mary M. Keating Jan 1985

New York V. Quarles: The Dissolution Of Miranda, Mary M. Keating

Villanova Law Review (1956 - )

No abstract provided.


Stough V. Crenshaw Country Board Of Education: Parental Rights And Segregation Academies, Stuart Melnick Jan 1985

Stough V. Crenshaw Country Board Of Education: Parental Rights And Segregation Academies, Stuart Melnick

Fordham Urban Law Journal

The author of this student note explores a recent 11th Circuit decision in Strough v. Crenshaw Country Board of Education, which held that the state's proffered interests were not compelling, and therefore failed to override a fundamental right. In the case, a county school board forbid its employees from sending their children to private school, and the regulation was contested by two tenured teachers who sought to enroll their children in a private, racially segregated school. The court eventually found that a parent's right to educate their child was a fundamental right, and the policy reasons advanced by the school …


The Privilege Against Self-Incrimination In A Rescue Situation, William T. Pizzi Jan 1985

The Privilege Against Self-Incrimination In A Rescue Situation, William T. Pizzi

Publications

No abstract provided.


United States V. Hensley, Lewis F. Powell Jr. Oct 1984

United States V. Hensley, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Rights And Judges In A Democracy: A New Canadian Version, Paul C. Weiler Oct 1984

Rights And Judges In A Democracy: A New Canadian Version, Paul C. Weiler

University of Michigan Journal of Law Reform

Canadians sought a constitutionally entrenched Charter of Rights not just for its own sake, but also as part of a larger effort at constitutional renewal. The hope was that such a Charter would preserve a united Canada in the face of the serious threat posed by French Canadian nationalism within a potentially independent Quebec. In this Article, I comment on those features of the Canadian debate and its denouement that are noteworthy within the Canadian context, as well as those that illustrate some of the universal themes of constitutional theory.


Consequences Of Supreme Court Decisions Upholding Individual Constitutional Rights, Jesse H. Choper Oct 1984

Consequences Of Supreme Court Decisions Upholding Individual Constitutional Rights, Jesse H. Choper

Michigan Law Review

The thrust of this Article is to attempt to ascertain just what differences the Court's judgments upholding individual constitutional rights have made for those who fall within the ambit of their protection. It seeks to address such questions as: What were the conditions that existed before the Court's ruling? How many people were subject to the regime that was invalidated by the Justices? Was the Court's mandate successfully implemented? What were the consequences for those affected? At a subjective level, were the repercussions perceived as salutary by those (or at least most of those) who were the beneficiaries of the …


A Sign Of The Times: Billboard Regulation And The First Amendment Symposium - Selected Topics On Land Use Law - Comment., Anne E. Swenson Sep 1984

A Sign Of The Times: Billboard Regulation And The First Amendment Symposium - Selected Topics On Land Use Law - Comment., Anne E. Swenson

St. Mary's Law Journal

Evaluation of a billboard ordinance is complicated by the unique properties of this form of expression. The physical structure of the sign is not a form of expression; therefore, a state may regulate the size, height, degree of illumination, and location of the billboard. The sign’s message, on the other hand, is speech and thus protected from government action by the First Amendment. Further, the precise degree of First Amendment protection afforded to a particular message is a function of the character of the speech involved. First Amendment protection attaches if the sign’s message concerns a political, cultural, social, or …