Digital Commons Network^™

Goldwin: Comment On Mathias, Robert A. Goldwin

Maryland Law Review

No abstract provided.

Silence As A Trial Strategy After Strickland And Cronic: Ineffective Assistance Of Counsel?Nic : The Ineffective Assistance Of Counsel?, Jo Ellen Silberstein

Touro Law Review

No abstract provided.

The Individual Liberties Within The Body Of The Constitution: A Symposium - Introduction, Melvyn R. Durchslag

Case Western Reserve Law Review

No abstract provided.

Recent Decision, Barbara K. Caldwell

Vanderbilt Journal of Transnational Law

CONSTITUTIONAL LAW--Commerce Clause--State Taxation of Aviation Fuel Used Exclusively in Foreign Commerce is Not Preempted by the Federal Aviation Act and is Not Invalid Under the Japan Line Doctrine of the Foreign Commerce Clause. "Wardair Canada, Inc. v. Florida Department of Revenue", 106 S. Ct. 2369 (1986).

Extending The Self-Incrimination Clause To Persons In Fear Of Foreign Prosecution, Bret A. Fausett

Vanderbilt Journal of Transnational Law

This Note will examine the rationale, policies, and history behind the self-incrimination clause and will demonstrate the privilege's importance as an individual right and as a check on police power. Only by exploring the purposes and policies behind the privilege--an approach condoned by the Supreme Court--is one able to formulate the best answer to whether the self-incrimination clause extends to persons in fear of foreign prosecution. An understanding of what the privilege is supposed to protect will lead to a better understanding of the scope of this important constitutional guarantee. This Note will then focus on recent cases in which …

A Bibliography On Drug Testing In The Workplace, Stephen Young, Elizabeth Armitage

Journal of Law and Health

The following bibliography on mandatory drug testing has been compiled to accompany the Symposium on Drug Testing in the Workplace presented by the Journal of Law and Health on November 21, 1986, at the Cleveland Marshall College of Law. It is hoped that this bibliography will benefit not only legal educators and law students, but also the practicing attorney, librarians, employers and employees in the private and public sector, and those whose research and interests require an understanding of the issues raised by this subject.

Rationalism In Constitutional Law, Robert F. Nagel

Publications

No abstract provided.

An Analytical Framework For The Application Of The Canadian Charter Of Rights And Freedoms, Sidney R. Peck

Osgoode Hall Law Journal

No abstract provided.

Bargaining In The Shadow Of Eminent Domain: Valuing And Apportioning Condemnation Awards Between Landlord And Tenant, Victor P. Goldberg, Thomas W. Merrill, Daniel Unumb

Faculty Scholarship

Who has a constitutionally protected "property" interest when the government condemns land subject to a lease? Is it the landlord? The tenant? Or do both parties have property rights that entitle them to compensation? Further, how should the size of the total condemnation award be determined? Should we value the property rights of the landlord and the tenant separately and sum? Or should we value the entire parcel as if it were an undivided fee simple and apportion the award between the landlord and the tenant? If the condemnation award is based on the value of a fee simple and …

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

Neither Private Refugee Assistance Agency Nor its Members have Standing to Contest U.S. Interdiction of Foreign Vessels on High Seas Carrying Undocumented Aliens Haitian Refugee Center v. Gracey, No. 85-5258, slip op. (D.C. Cir. Jan. 9, 1987).

Separation of Citizen Children from Illegal Alien Parents Should be Considered when Determining Extreme Hardship Deportation Proceedings -Cerillo-Perez v. INS, 55 U.S.L.W.2457 (9th Cir. 1987).

California State Court's Exercise of Personal Jurisdiction over Japanese Manufacturer to Indemnify Taiwanese Company is Unreasonable and Unfair in Violation of Due Process. Asahi Metal Industry Co. v. Superior Court of California, 107 S. Ct.1026 (1987).

Nondiscriminatory Ad …

Thinking About Habeas Corpus, Erwin Chemerinsky

Faculty Scholarship

Hailed as the "great writ of liberty," the writ of habeas corpus protects the American citizenry from arbitrary and wrongful governmental imprisonment. The scope of the protection provided by the writ, however, has never been finally settled during it's almost 200 year existence. This is the result of failure on the part of those analyzing its scope to recognize the complexity of the issues involved and to confront the true issues that underlie its application. In this Article, Professor Chemerinsky discusses what he considers to be the four primary considerations of habeas issues; federalism, separation of powers, the purposes of …

The Modern Misunderstanding Of Original Intent, H. Jefferson Powell

Faculty Scholarship

No abstract provided.

Revocation Of Academic Degrees By Colleges And Universities, Bernard D. Reams Jr.

Faculty Articles

Recently, courts have decided that private and public colleges and universities can revoke degrees due to academic dishonesty. A university's authority to revoke degrees is supported by a logical extension of its conferral power, "black letter" contract law, and the precedential authority of Crook v. Baker, Waliga v. Board of Trustees of Kent State University, and Abalkhail v. Claremont University Center.

Although colleges enjoy great discretion in deciding whether to confer degrees, once the college grants a degree, its discretion to revoke that degree is governed by due process guidelines. In Crook, the university involved was public, triggering the applicability …

Teaching Tolerance, Robert F. Nagel

Publications

No abstract provided.

On The Constitutional Status Of The Administrative Agencies, Harold H. Bruff

Publications

No abstract provided.

California V. Cabazon Band Of Mission Indians, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Constitutional Law, Glenn R. Goodwin, James M. Magee, J. L. Rogers Jr.

South Carolina Law Review

No abstract provided.

Federal Courts, Federal Crimes And Federalism, Roger J. Miner '56

Federalism

No abstract provided.

Constraints Of Power: The Constitutional Opinions Of Judges Scalia, Bork, Posner, Easterbrook And Winter, James G. Wilson

University of Miami Law Review

No abstract provided.

Why The First Amendment Should Not Be Interpreted From The Pathological Perspective: A Response To Professor Blasi, George C. Christie

Duke Law Journal

No abstract provided.

Role Of Strategic Reasoning In Constitutional Interpretation: In Defense Of The Pathological Perspective, Vincent Blasi

Duke Law Journal

No abstract provided.

Justice Diffused: A Comparison Of Edmund Burke's Conservatism With The Views Of Five Conservative, Academic Judges, James G. Wilson

University of Miami Law Review

No abstract provided.

The Constitution In The Supreme Court: 1921-1930, David P. Currie

Duke Law Journal

No abstract provided.

The Uncertainty Principle In The Supreme Court, Craig M. Bradley

Duke Law Journal

No abstract provided.

Constitutional Adjudication In Costa Rica: A Latin American Model, Robert S. Barker

University of Miami Inter-American Law Review

No abstract provided.

First Amendment Restrictions On Title I Programs In Private Schools, Laura Gaston Dooley

Law Faculty Publications

No abstract provided.

The Concept Of Religion In State Constitutions, Kent Greenawalt

Faculty Scholarship

A year and a half ago an article of mine was published on religion as a concept in constitutional law. The article concerned how courts should approach decisions about whether a belief, practice, organization, or classification is religious. The article did not address, except in passing, what the constitutional standards under the free exercise and establishment clauses should be if something that is religious is aided or inhibited in some way. Since in most cases arising under the religion clauses, the presence of something religious is not itself disputed, my article concerned only a small slice of religion cases.

My …

Banning The Bomb: Law And Its Limits, Lori Fisler Damrosch

Faculty Scholarship

We can all agree with the contributors to this volume that nuclear weapons present the threat of unimaginable devastation that could bring an end to civilization and even to life on this planet. The grim calculations and stark images come back again and again, but they cannot be repeated too often: over 50,000 weapons in the United States and Soviet arsenals, each with a destructive force dwarfing the explosions at Hiroshima and Nagasaki; radiation effects producing indescribable suffering and death; environmental damage that defies quantification or prediction; the specter of nuclear winter rendering the earth uninhabitable. No rational being can …

Does Mississippi's System For Financing Public Schools From "School Lands" Violate Federal Law?, Richard B. Collins

Publications

No abstract provided.

Economic Analysis Of Liberty And Property: A Critique, Peter N. Simon

Publications

No abstract provided.