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Constitutional law

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Notes On A Bicentennial Constitution: Part I, Processes Of Change, William W. Van Alstyne Jan 1984

Notes On A Bicentennial Constitution: Part I, Processes Of Change, William W. Van Alstyne

Faculty Scholarship

With the approach of the Bill of Rights bicentennial, this paper takes the cause for celebration as an equally important occasion for critique. This work argues that the most distinguishing aspects of our Constitution are not the Bill of Rights, federalism, and separation of powers, but rather the availability of judicial review, the political insulation of federal judges, and the limited mechanisms available for constitutional change.


The Price Of Asking The Wrong Question: An Essay On Constitutional Scholarship And Judicial Review, Erwin Chemerinsky Jan 1984

The Price Of Asking The Wrong Question: An Essay On Constitutional Scholarship And Judicial Review, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Davis V. Scherer, Lewis F. Powell Jr. Oct 1983

Davis V. Scherer, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Seattle Times, Co. V. Rhinehart, Lewis F. Powell Jr. Oct 1983

Seattle Times, Co. V. Rhinehart, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Hudson V. Palmer, Lewis F. Powell Jr. Oct 1983

Hudson V. Palmer, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


The Constitution In The Supreme Court: Article Iv And Federal Powers, 1836-1864, David P. Currie Sep 1983

The Constitution In The Supreme Court: Article Iv And Federal Powers, 1836-1864, David P. Currie

Duke Law Journal

Continuing his critical analysis of the constitutional decisions of the Taney period, Professor Currie examines cases involving the privileges and immunities clause, fugitives from slavery and criminal prosecution, and intergovernmental immunities, as well as cases dealing with the scope of federal judicial and legislative powers. In these decisions, with the glaring exception of Scott v. Sandford, he finds additional evidence that in general the Taney Court continued to enforce constitutional limitations vigorously against the states and to construe federal authority generously.


Constitutional, Teresa Morris Apr 1983

Constitutional, Teresa Morris

West Virginia Law Review

No abstract provided.


Constitutional, Teresa Morris Apr 1983

Constitutional, Teresa Morris

West Virginia Law Review

No abstract provided.


The Legitimacy Debate In Constitutional Adjudication: An Assessment And A Different Perspective, Robert Allen Sedler Jan 1983

The Legitimacy Debate In Constitutional Adjudication: An Assessment And A Different Perspective, Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.


The Flag Salute Cases And The First Amendment, Stephen W. Gard Jan 1983

The Flag Salute Cases And The First Amendment, Stephen W. Gard

Law Faculty Articles and Essays

The flag salute cases have been a source of endless fascination for legal and historical scholars. Most of this large body of scholarship has focused on the apparent oddity of Justice Frankfurter's view that there was no constitutional infirmity in the "petty tyranny" of a governmental requirement that school children engage in a hypocritical affirmation of belief. Unfortunately, the doctrinal importance of the opinions of Justices Jackson and Frankfurter in the flag salute cases as contrasting statements on the interpretation of the freedom of speech guarantee of the first amendment and the function of the judiciary in preserving our most …


Books Received, Law Review Staff Jan 1983

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

CIVIL JUDGMENT RECOGNITION AND THE INTEGRATION OF MULTIPLE STATE ASSOCIATIONS: CENTRAL AMERICA, THE UNITED STATES OF AMERICA, AND THE EUROPEAN ECONOMIC COMMUNITY

By Robert C. Casad

Lawrence: The Regents Press of Kansas, 1981. Pp. 258.$25.00.

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COMPARATIVE LAW YEARBOOK

VOL. 4, 1980

Edited by Dennis Campbell

The Hague/Boston/London: Martinus Nijhoff Publishers, 1981. Pp. 371.

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CONSTITUTION-MAKING: PRINCIPLES, PROCESS, PRACTICE

By Edward McWhinney

Toronto: University of Toronto Press, 1981.Pp. 231. $20.00.

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THE ENVIRONMENTAL LAW OF THE SEA

Edited by Douglas M.Johnston

Gland, Switzerland: International Union for Conservation of Nature and Natural Resources, 1981. Pp. 419.

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INTERNATIONAL BUSINESS: ENVIRONMENTS AND …


An Attack On Categorical Approaches To Freedom Of Speech, Pierre J. Schlag Jan 1983

An Attack On Categorical Approaches To Freedom Of Speech, Pierre J. Schlag

Publications

No abstract provided.


Teaching Administrative Law: The Wonder Of The Unknown, Peter L. Strauss Jan 1983

Teaching Administrative Law: The Wonder Of The Unknown, Peter L. Strauss

Faculty Scholarship

Sunday, March 7, 1982

Dear Roger:

You would have enjoyed being among the hundred-odd administrative law teachers and hangers-on who met this past weekend for the AALS Workshop on Administrative Law, organized by Ernest Gellhorn of Virginia, [now dean at Case Western]. Perhaps it was the plane ride home, when I had a chance to read Frank Easterbrook's short but very elegant use of Arrow's Theorem in a recent Harvard Law Review; or perhaps it is just a goodnight's sleep, home away from the sybaritic pleasures of New Orleans, and knowing my dean will want a justification in terms …


The Constitutionality Of The Foreign Intelligence Surveillance Act Of 1978, Judith B. Anderson Jan 1983

The Constitutionality Of The Foreign Intelligence Surveillance Act Of 1978, Judith B. Anderson

Vanderbilt Journal of Transnational Law

Within its more limited scope, the Belfield decision provides a helpful approach to FISA cases by articulating both a solid rationale for FISA's in camera, ex parte provision and a workable balancing approach for determining whether open proceedings may be necessary. The Falvey decision, although broader in scope, does not provide a satisfactory rationale for FISA's deviation from the traditional fourth amendment warrant requirement, nor does it articulate a workable approach to evaluating a FISA-warranted surveillance. The Falvey court, by predicating its upholding of FISA on an acceptance of the national security exception, may perpetuate a debate that the statute …


Legal Research In The Federal Republic Of Germany: A Concise Presentation Of Basic Publications, Ralph Lansky Jan 1983

Legal Research In The Federal Republic Of Germany: A Concise Presentation Of Basic Publications, Ralph Lansky

Vanderbilt Journal of Transnational Law

This Article provides information about legal literature and research in the Federal Republic of Germany. Twenty-four basic works are reviewed, including a dozen important law books and legal periodicals and a dozen legal bibliographies that help to locate additional legal information. In addition, a few other publications are briefly discussed. This Article addresses the use of selective legal materials and as a result is very basic. Its objective is to introduce the novice to German legal literature.

Most of the books concern the law of the Federal Republic of Germany. A few that are published in that country cover comparative …


The Creeping Eruption Of Mt. Healthy, Morell E. Mullins Sr. Jan 1983

The Creeping Eruption Of Mt. Healthy, Morell E. Mullins Sr.

Law Faculty Scholarship

No abstract provided.


The Responsibilities Of The United Kingdom Parliament And Government Under The Australian Constitution, John M. Finnis Jan 1983

The Responsibilities Of The United Kingdom Parliament And Government Under The Australian Constitution, John M. Finnis

Journal Articles

Arguing that the United Kingdom retained constitutioanl duties to Australia following that country's independence.


Pennhurst State School & Hospital V. Halderman, Lewis F. Powell Jr. Oct 1982

Pennhurst State School & Hospital V. Halderman, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Marsh V. Chambers, Lewis F. Powell Jr. Oct 1982

Marsh V. Chambers, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


City Of Lockhart V. United States, Lewis F. Powell Jr. Oct 1982

City Of Lockhart V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Comparative Insights Into Constitutional History: Canada, The Critical Years, Clark R. Cahow Oct 1982

Comparative Insights Into Constitutional History: Canada, The Critical Years, Clark R. Cahow

Law and Contemporary Problems

No abstract provided.


A Note On Quebec Attitudes Toward Constitutional Options, Allan Kornberg, Keith Archer Oct 1982

A Note On Quebec Attitudes Toward Constitutional Options, Allan Kornberg, Keith Archer

Law and Contemporary Problems

No abstract provided.


The Historical Context Of Constitutional Change In Canada, Filippo Sabetti Oct 1982

The Historical Context Of Constitutional Change In Canada, Filippo Sabetti

Law and Contemporary Problems

No abstract provided.


The Economics Of Constitution-Making, William G. Watson Oct 1982

The Economics Of Constitution-Making, William G. Watson

Law and Contemporary Problems

No abstract provided.


Constitutional Law, R. S. Tewes Aug 1982

Constitutional Law, R. S. Tewes

South Carolina Law Review

No abstract provided.


Congressional Testimony: Constitutional Amendments On Abortion, Donald Regan Apr 1982

Congressional Testimony: Constitutional Amendments On Abortion, Donald Regan

Law Quadrangle (formerly Law Quad Notes)

An excerpt from Professor Regan's testimony questions the theoretical advisability of amending the Constitution to restrict or prohibit abortion.


Comparative Constitutional Law: Casebooks For A Developing Discipline, Donald P. Kommers Apr 1982

Comparative Constitutional Law: Casebooks For A Developing Discipline, Donald P. Kommers

Journal Articles

Comparative constitutional law is a developing area of legal scholarship. One sign of this development is the recent appearance of two casebooks, both published in 1979. Comparative Constitutional Law: Cases and Materials by Mauro Cappelletti and William Cohen, focuses primarily on the procedural rights of defendants from the United States and nine European jurisdictions. Comparative Constitutional Law. Cases and Commentaries by Walter F. Murphy and Joseph Tanenhaus, examines the constitutional interpretation of a large number of substantive issues in six contemporary constitutional democracies. Reviewing the two books together provides an opportunity not only to compare them as teaching tools but …


Constitutional Protection Of Commercial Speech, Jonathan Weinberg Jan 1982

Constitutional Protection Of Commercial Speech, Jonathan Weinberg

Law Faculty Research Publications

No abstract provided.


Duties And Powers Respecting Foreign Crimes, Daniel H. Derby Jan 1982

Duties And Powers Respecting Foreign Crimes, Daniel H. Derby

Scholarly Works

No abstract provided.


Case Digest, Journal Staff Jan 1982

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

Article III of the United States Constitution does not Grant Congress the Power to Extend United States Courts' Jurisdiction over Suits by Foreign Plaintiffs against Foreign Defendants

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Under Federal Rule of Civil Procedure 37(B), the Courts have the Power to Impose Sanction of Personal Jurisdiction when a Party Fails to Comply with Discovery Order

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Foreign Sovereign Immunity--A Strict Construction of the Concept of Instrumentalities under the Foreign Sovereign Immunities Act