Digital Commons Network^™

Should The U.S. Constitution's Treaty-Making Power Be Used As The Basis For Enactment Of Domestic Legislation-Implications Of The Senate-Approved Genocide Convention, Robert A. Friedlander

Case Western Reserve Journal of International Law

No abstract provided.

Counterpoint: Additional Views Of Senators Pell, Biden, Sarbanes, Cranston, Mathias, Dodd, Eagleton And Kerry, Views Of Eight Senators

Case Western Reserve Journal of International Law

No abstract provided.

The Perils Of Panama--Are United States Employees Of The Panama Canal Commission Exempt From United States Income Taxation?, Pamela P. Bond

Vanderbilt Journal of Transnational Law

Since the enactment of the Panama Canal Treaty (the Treaty) on October 1, 1979, United States citizens employed by the Panama Canal Commission have come to the United States federal courts seeking exemption from income taxation. The Commission employees have based their claims on an executive agreement which accompanied the Treaty. Specifically, they have relied on the language found in article XV of the Agreement in Implementation of Article III of the Panama Canal Treaty (the Implementation Agreement).

Can Mental Health Professionals Predict Judicial Decisionmaking? Constitutional And Tort Liability Aspects Of The Right Of The Institutionalized Mentally Disabled To Refuse Treatment: On The Cutting Edge, Michael L. Perlin

Touro Law Review

No abstract provided.

Freedom Of Speech As Therapy, Pierre Schlag

Publications

No abstract provided.

Washington's Ballot Restriction For Minor Party Candidates: When Is A Primary Not A Primary?, Emily Calhoun

Publications

No abstract provided.

The Role Of The President And Omb In Informal Rulemaking, Peter L. Strauss, Cass R. Sunstein

Faculty Scholarship

Regulatory reform has been a subject of frequent discussion in the last decade, especially in the context of presidential efforts to assert control over the rulemaking process. Presidents Nixon, Ford, Carter, and Reagan have all attempted to increase presidential authority over regulation. In particular, President Reagan has issued two executive orders that give the Office of Management and Budget (OMB) considerable power over the rulemaking activities of executive agencies.

In this article, we set forth our views on the role of presidential supervision in the regulatory process, with particular attention to the questions raised by the recent executive orders.

See No Evil? Can Insulation Of Child Sexual Abuse Victims Be Accomplished Without Endangering The Defendant's Constitutional Rights?, Wallace J. Mlyniec, Michelle M. Dally

University of Miami Law Review

No abstract provided.

Press-Enterprise Co. V. Superior Court Of California For The County Of Riverside, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Bowsher V. Synar, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Thornburg V. Gingles, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Davis V. Bandemer, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Reed V. Campbell, Individually And As Administrix Of The Estate Of Ricker, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Adjudication Of Freedom Of Expression Cases Under Israel’S Unwritten Constitution, Daniel J. Rothstein

Cornell International Law Journal

No abstract provided.

Penumbras And Privacy: A Study Of The Use Of Fictions In Constitutional Decision-Making, James B. Stoneking

West Virginia Law Review

No abstract provided.

The Development And Evaluation Of A High School Law Education Unit, Gail Kennedy

Abraham S. Fischler College of Education ETD Archive

The author developed and implemented a Law Education Unit in a metropolitan high school setting to promote the knowledge of law and the legal system of 130 high school seniors. The unit’s sims were to enable the student to identify sources of law, to describe how our legal system work and how individual rights and obligations are interrelated, to describe the consequences to the individual and society of disobeying the law and the personal and social values of obeying it, to define legal concepts, and to identify important Supreme Court decisions.

The unit contained four basic components: introducing law, exploring …

“Freedom” And ”Coercion”—Virtue Words And Vice Words, Peter Westen

Duke Law Journal

Much has changed since young Thomas Jefferson took up his quill pen in the winter of 1781 and wrote by candlelight about "freedom" and "coercion." More has changed since Plato lauded freedom and derogated coercion two thousand years earlier. 2 The material changes in the way we live are obvious. The normative changes in what we value -- in what we regard as good and evil, right and wrong -- are equally dramatic: the abolition of chattel slavery, the disestablishment of religion, the end of indentured servitude, the demise of monarchy, the prohibition of torture and blood sanctions, the banning …

The Market Participant Test In Dormant Commerce Clause Analysis—Protecting Protectionism?, Richard H. Seamon

Duke Law Journal

The Supreme Court's traditional analysis of state actions under the dormant commerce clause 1 has undergone two important modifications over the past decade. 2 In the first, the Court established a rule under which certain state actions that are within the scope of the dormant commerce clause may be deemed per se invalid, without inquiry into the extent to which the challenged state action burdens interstate commerce or furthers legitimate local objectives. 3 In the second, the Court fashioned a threshold inquiry to determine whether state action constitutes "market participation," 4 in which case it lies outside the scope of …

A Truce In The Takeover Wars?, Gary S. Lawson

Faculty Scholarship

To a casual observer, hostile corporate takeovers may seem as pointless and destructive a form of modern warfare as the Iran/Iraq conflict. "Raiders" strike with bear hugs, junk bonds, and two-tier tender offers. Incumbent managers respond with poison pills, greenmail payments, shark repellents, and golden parachutes. Congress is wearying of the strife, and may soon impose a cease-fire on the combatants -but to whose benefit?

The 1982 Chinese Constitution And The Rule Of Law, Hungdah Chiu

Maryland Series in Contemporary Asian Studies

No abstract provided.

Role Of History In Constitutional Interpretation A Case Study , Gary J. Simson

Cornell Law Review

No abstract provided.

Survey Of Washington Search And Seizure Law, Justice Robert F. Utter

Seattle University Law Review

This Survey is designed to assist lawyers and judges who must argue and resolve search and seizure issues in Washington State. The Survey summarizes the controlling state and federal cases on search and seizure law and uses as an additional reference W. LAFAVE, Search and Seizure: A Treatise on the Fourth Amendment (1978). Washington courts are likely to analyze future search and seizure issues under both the fourth amendment and Washington Constitution article I, section 7. The difference in wording between the two provisions is substantial, suggesting different degrees or types of privacy protection. This Survey summarizes the predominant treatment …

Whose Rights? What Danger?, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Religious Convictions And Lawmaking, Kent Greenawalt

Faculty Scholarship

In this Article, presented as the 1985-86 Thomas M. Cooley Lectures at the University of Michigan School of Law on March 10-12, 1986, Professor Greenawalt addresses the role that religious conviction properly plays in the liberal citizen's political decisionmaking in a liberal democratic society. Rejecting the notion that all political questions can be decided on rational secular grounds, Professor Greenawalt argues that the liberal democratic citizen may rely on his religious convictions when secular morality is unable to resolve issues critical to a political decision. The examples of animal rights and environmental protection, abortion, and welfare assistance illustrate situations where …

Constitutional Remedies For Underinclusive Statutes: A Critical Appraisal Of Heckler V. Mathews, Bruce K. Miller

Faculty Scholarship

The power of the federal courts to remedy injuries caused by constitutional violations is a fundamental assumption of our constitutional scheme. The Supreme Court's equal protection decisions of the past generation illustrate the extent to which we take this power completely for granted. When confronted with a statute that denies a litigant's fifth or fourteenth amendment right to equal treatment, the Court has rarely limited itself to a simple declaration that the statute is unconstitutional. Such declarations, rather, have been routinely accompanied by awards of often substantial relief to the persons injured by the unconstitutional inequality. The author analyzes Heckler …

The First Amendment And Distributional Voting Rights Controversies, Emily M. Calhoun

Publications

No abstract provided.

Cooperative Federalism Under The Surface Mining Control And Reclamation Act: Is This Any Way To Run A Government?, Mark Squillace

Publications

No abstract provided.

The New Federalism In Criminal Procedure In 1984: Death Of The Phoenix?, Donald E. Wilkes Jr.

Scholarly Works

A decade has passed since my first article on the topic of new federalism in criminal procedure entitled, The New Federalism in Criminal Procedure: State Court Evasion of the Burger Court. This chapter takes a fresh look at the new federalism in criminal procedure in light of developments occurring since 1974.

Constitutional Law - Moore V. U.S. House Of Representatives: A Possible Expansion Of Congressmen's Standing To Sue, David T. Link, Jeffrey L. Elverman, Thomas E. Lange

Journal Articles

In Moore v. U.S. House of Representatives,I the United States Court of Appeals for the District of Columbia Circuit addressed the question of whether individual congressmen have standing to sue the Congress. In Moore, members of the House of Representatives sought declaratory relief to invalidate the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA).2 The congressmen contended that TEFRA originated in the Senate in violation of the origination clause of the United States Constitution, 3 which requires that bills for raising revenue originate in the House of Representatives. Although the District of Columbia Circuit ultimately denied relief on the …

Liberty And Community In Constitutional Law: The Abortion Cases In Comparative Perspective, Donald P. Kommers

Journal Articles

In the mid-1970s the high courts of several western democracies handed down constitutional decisions concerning the legal regulation of abortion. All of the courts sustained their abortion statutes except the United States and West Germany, which moved in opposite directions. The US Supreme Court voided the conservative abortion statutes of various states while West Germany's highest court nullified an abortion statute that took a liberal stance on abortion. The extended opinions of the American and German courts and their contrasting grounds for decision make them fitting candidates for a comparative analysis of abortion jurisprudence. The abortion issue illustrates the tension …