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Constitutional law

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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.


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.


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 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 …


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 …


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 …


A Graphic Review Of The Free Speech Clause, William W. Van Alstyne Jan 1982

A Graphic Review Of The Free Speech Clause, William W. Van Alstyne

Faculty Scholarship

This work acts as a spring board for the study of the Free Speech Clause of the First Amendment. It builds useful graphical representations of complex constitutional theories from the ground up, allowing students to follow both development and the application of these theories.


Constitutional Protection Of Commercial Speech, Jonathan Weinberg Jan 1982

Constitutional Protection Of Commercial Speech, Jonathan Weinberg

Law Faculty Research Publications

No abstract provided.


Estelle V. Smith: The Constitutional Contours Of The Forensic Evaluation, Christopher Slobogin Jan 1982

Estelle V. Smith: The Constitutional Contours Of The Forensic Evaluation, Christopher Slobogin

Vanderbilt Law School Faculty Publications

In Estelle v. Smith,' the United States Supreme Court recognized for the first time that an evaluation of a criminal defendant by a mental health professional may implicate both the Fifth Amendment privilege against self-incrimination and the Sixth Amendment right to counsel. The issues raised in Estelle are significant not only for the legal profession but also for those in the mental health professions who perform "clinical" evaluations for the criminal courts. Estelle involved the case of Ernest Smith, who was sentenced to death by a Texas jury in 1974. Prior to trial, the judge ordered a psychiatrist, Dr. Grigson, …


Constitutional Law: Congressional Plenary Power Over Indian Affairs--A Doctrine Rooted In Prejudice, Irene K. Harvey Jan 1982

Constitutional Law: Congressional Plenary Power Over Indian Affairs--A Doctrine Rooted In Prejudice, Irene K. Harvey

American Indian Law Review

No abstract provided.


Beyond Upjohn: Achieving Certainty By Expanding The Scope Of The Corporate Attorney-Client Privilege, Jacqueline A. Weiss Jan 1982

Beyond Upjohn: Achieving Certainty By Expanding The Scope Of The Corporate Attorney-Client Privilege, Jacqueline A. Weiss

Fordham Law Review

No abstract provided.


Overruling Supreme Court Precedents: Anticipatory Actions By United States Court Of Appeals, Margaret N. Kniffen Jan 1982

Overruling Supreme Court Precedents: Anticipatory Actions By United States Court Of Appeals, Margaret N. Kniffen

Fordham Law Review

No abstract provided.


Recent Decision, Duane A. Wilson Jan 1982

Recent Decision, Duane A. Wilson

Vanderbilt Journal of Transnational Law

The Fifth Circuit Court of Appeals has taken the instant opportunity to write an essay on the law of search and seizure on the high seas. Applying Ramsey, the majority found authority for the Coast Guard action, either under section 89(a) or through the consent of the Panamanian Government. Although both conclusions are open to dispute, the major question arises from the court's analysis of the constitutionality of the Coast Guard action. While a firm resolution of the confusion engendered by previous conflicting Fifth Circuit decisions is certainly desirable, the instant court's resolution fails to provide necessary analytical clarity. Judge …


A Comparison Between The Constitutional Protections Against The Imposition Of Involuntary Expatriation And A Taxpayer's Right To Disclaim Citizenship, Terri R. Reicher Jan 1982

A Comparison Between The Constitutional Protections Against The Imposition Of Involuntary Expatriation And A Taxpayer's Right To Disclaim Citizenship, Terri R. Reicher

Vanderbilt Journal of Transnational Law

This Note examines both sides of the coin: the constitutional protections given the individual fighting to retain his citizenship will be compared with the burdens, particularly the tax consequences, imposed on individuals wanting to relinquish citizenship. Section II examines the classic constitutionally-based expatriation material. It discusses the legislative history of expatriation law, including the 1978 amendments to the INA, reviews the major expatriation case law, and concludes with an analysis of Vance v. Terrazas, the most recent Supreme Court pronouncement on the nature of the "voluntary" conduct required to constitute expatriation. Section III deals with the tax aspects of expatriation. …


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


Federal Recent Developments Jan 1982

Federal Recent Developments

American Indian Law Review

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.


Assaults On The Exclusionary Rule: Good Faith Limitations And Damage Remedies, Pierre J. Schlag Jan 1982

Assaults On The Exclusionary Rule: Good Faith Limitations And Damage Remedies, Pierre J. Schlag

Publications

No abstract provided.


Fiddling With The Constitution While Rome Burns: The Case Against The Voting Rights Act Of 1965, Dr. James Mcclellan Nov 1981

Fiddling With The Constitution While Rome Burns: The Case Against The Voting Rights Act Of 1965, Dr. James Mcclellan

Louisiana Law Review

No abstract provided.


Zipes V. Trans World Airlines, Inc., Lewis Powell Jr. Oct 1981

Zipes V. Trans World Airlines, Inc., Lewis Powell Jr.

Supreme Court Case Files

No abstract provided.