Digital Commons Network^™

Is There A Natural Law Right To Privacy?, Ralph F. Gaebler

Articles by Maurer Faculty

No abstract provided.

Abrams V. United States: Remembering The Authors Of Both Opinions, James F. Fagan Jr.

Touro Law Review

No abstract provided.

The Dimensions Of American Constitutional Equality, J. Harvie Wilkinson Iii

Law and Contemporary Problems

Liberty and equality are the hallmark characteristics of any legal order. Constitutional equality in the US is discussed. The rights of equality are not economic in nature, and they are not subject to strictly majority rule.

Some Further Observations On Environmental Rights And Duties, Lynton K. Caldwell

Duke Environmental Law & Policy Forum

No abstract provided.

Lost Innocence And The Moral Foundation Of Law, Kate Nace Day

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Islamic Constitutionalism And The Concept Of Democracy, Azizah Y. Al-Hibri

Case Western Reserve Journal of International Law

No abstract provided.

Does The United States Need An Establishment Clause?: God Loveth Adverbs, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.

Constitutional Scepticism, Robin West

Georgetown Law Faculty Publications and Other Works

Interpretive constitutional debate over the last few decades has centered on two apparently linked questions: whether the Constitution can be given a determinate meaning, and whether the institution of judicial review can be justified within the basic assumptions of liberalism. Two groups of scholars have generated answers to these questions. The "constitutional faithful" argue that meaning can indeed be determinately affixed to constitutional clauses, by reference to the plain meaning of the document, the original intent of the drafters, evolving political and moral norms of the community, or the best political or moral philosophical theory available and that, because of …

The Supreme Court And The Fourteenth Amendment: The Unfulfilled Promise, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Equity And Hierarchy: Reflections On The Harris Execution, Steven G. Calabresi, Gary S. Lawson

Faculty Scholarship

The legal controversy surrounding the execution of Robert Alton Harris is only one in a series of cases over the past few months testing the proper relationship between the Supreme Court and the inferior federal courts. Controversy over inferior federal court grants or denials of injunctions concerning Haitian refugees1 and the French abortion pill2 have starkly raised, as does the Harris case3, profound questions concerning Supreme Court review of inferior court rulings on issues involving equitable relief. The Harris case did not display the American legal system at its finest. None of the participants in the process distinguished themselves-not the …

Liberals And Balancing, Robert F. Nagel

Publications

No abstract provided.

Hungarian Legal Reform For The Private Sector, Cheryl W. Gray, Rebecca J. Hanson, Michael A. Heller

Faculty Scholarship

Hungary is in the midst of a fundamental transformation toward a market economy. Although Hungary has long been in the forefront of efforts to reform socialism itself, after 1989 the goals of reform moved from market socialism toward capitalism, as the old Communist regime lost power and the idea of widespread private ownership gained acceptance. The legal framework – the "rules of the game – is now being geared toward encouraging, protecting, and rewarding entrepreneurs in the private sector.

This Article describes the evolving legal framework in Hungary in several areas: constitutional, real property, intellectual property, company, foreign investment, contract, …

The Constitutionality Of Sobriety Checkpoints In Alaska, David C. Crosby

Alaska Law Review

No abstract provided.

“If Angels Were To Govern”: The Need For Pragmatic Formalism In Separation Of Powers Theory, Martin H. Redish, Elizabeth J. Cisar

Duke Law Journal

No abstract provided.

The First Duty Of Government: Protection, Liberty And The Fourteenth Amendment, Steven J. Heyman

Duke Law Journal

No abstract provided.

Clients, Lawyers And The Fifth Amendment: The Need For A Projected Privilege, Kevin R. Reitz

Duke Law Journal

No abstract provided.

Operation Rescue: Was The Justice Dept. Right To Intervene In Wichita?, Gary S. Lawson, Celeste Lacy Davis, Eve W. Paul

Faculty Scholarship

Discussion of Operation Rescue attempt to shut down abortion clinic in Wichita, KS in August 1991, and ensuing decision of U.S. District Judge Patrick Kelly, as well as intervention of Justice Department. A debate-style article with "pro" side written by Gary Lawson and "con" side written by C.L. Davis & E.W. Paul.

The Inverse Coase Theorem And Declarations Of War, J. Gregory Sidak

Duke Law Journal

No abstract provided.

Civil Law, Common Law, And Constitutional Democracy, Walter F. Murphy

Louisiana Law Review

No abstract provided.

Federalism, The Judiciary, And Constitutional Adjudication In Argentina: A Comparison With The U.S. Constitutional Model, Alberto F. Garay

University of Miami Inter-American Law Review

No abstract provided.

Federalism, The Judiciary, And Constitutional Adjudication In Argentina: A Comparison With The U.S. Constitutional Model, Alberto F. Garay

University of Miami Inter-American Law Review

No abstract provided.

The Right To Free Speech Versus The Right To A Fair Trial--Balancing Competing Constitutional Interests, Jack B. Swerling

South Carolina Law Review

No abstract provided.

...Meech Lake To The Contrary Notwithstanding (Part Ii), Roderick A. Macdonald

Osgoode Hall Law Journal

In this essay, which has been published in two parts, the author argues that the Meech Lake Accord was more than a hastily cobbled together political deal between the Prime Minister and ten provincial premiers. Despite the unattractive process by which the Meech Lake Accord was struck, and especially defended, despite the disingenuous character of the arguments most often advanced for its adoption, and despite its close connection with other aspects of the federal government's political agenda which many Canadians found suspicious, the Meech Lake Accord did respond to an important issue in post-patriation constitutionalism. A review of Canadian constitutional …

People's Court, Nicholas S. Zeppos

Vanderbilt Law Review

The Supreme Court's opinion in Bowers v. Hardwick' contains the usual cant about the legitimacy of the judicial function. In holding that the due process clause of the fourteenth amendment does not recognize a fundamental right to practice homosexual sodomy, the Court cautioned that "[t]he Court is most vulnerable and comes nearest to illegitimacy when it deals with judge-made constitutional law having little or no cognizable roots in the language or design of the Constitution. What exactly did the Court mean? That the public would refuse to obey judicial judgments if the Court were to recognize rights not "found in" …

Proposals For Funding United Mine Workers Of America Retiree Health Benefits: The Constitutional Dimensions, John R. Woodrum, Larry P. Rothman

West Virginia Law Review

No abstract provided.

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

JAPANESE CRIMINAL JUSTICE

By A. Didrick Castberg

New York, New York: Praeger Publishers, 1990. Pp. 153. $42.95.

THE INTERNATIONALIZATION OF HUMAN RIGHTS

By David P. Forsythe

Lexington, Massachusetts; Lexington Books, 1991. Pp. 209.$34.00.

FEDERAL COURTS AND THE INTERNATIONAL HUMAN RIGHTS PARADIGM By Kenneth C. Randall

Durham, North Carolina; Duke University Press. 1990. Pp. 295. $45.00.

ROMAN LAW AND COMPARATIVE LAW

By Alan Watson

Athens, Georgia: University of Georgia Press, 1991. Pp. 328. $50.00

THE U.S. CONSTITUTION AND FOREIGN POLICY

By Victoria Marie Kraft

New York, New York: Greenwood Press, 1990. Pp. 185. $45.00.

...Meech Lake To The Contrary Notwithstanding (Part I), Roderick A. Macdonald

Osgoode Hall Law Journal

In this essay, which will be published in two parts, the author argues that the Meech Lake Accord was more than a hastily cobbled together political deal between the Prime Minister and ten provincial premiers. Despite the unattractive process by which the Meech Lake Accord was struck, and especially defended, despite the disingenuous character of the arguments most often advanced for its adoption, and despite its close connection with other aspects of the federal government's political agenda which many Canadians found suspicious, the Meech Lake Accord did respond to an important issue in post-patriation constitutionalism. A review of Canadian constitutional …

The Constitutional Law Of German Unification, Peter E. Quint

Faculty Scholarship

No abstract provided.

Chaos And The Court, Glenn Harlan Reynolds

Scholarly Works

Inspired by Laurence Tribe's "The Curvature of Constitutional Space," this Essay looks at some constitutional theorists' desire for certainty and predictability in law, and notes that such certainty and predictability is much less available even in the hard sciences than is generally believed, with simple and determinate systems sometimes producing wildly unpredictable results. It suggests that predictability of results may be a difficult goal for legal theorists, and offers some thoughts on alternative approaches.

Speech, Press, Religion And Assembly: Now And Tomorrow, Ellen S. Podgor

St. Thomas Law Review

It is without doubt befitting that St. Thomas University School of Law's first symposium celebrate the 200th anniversary of the Bill of Rights, with emphasis on the first of its ten amendments. The heritage, birth and growth surrounding this symposium issue serve as evidence that the rights of free speech, press, religion and assembly are not mere abstract guarantees of our "forefathers," but rather, living realities that are being actively applied well beyond any vision of its originators.