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Supreme Court

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Institution
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Articles 2581 - 2610 of 3272

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Right To Counsel Jan 1996

Right To Counsel

Touro Law Review

No abstract provided.


Freedom Of Speech And Press Jan 1996

Freedom Of Speech And Press

Touro Law Review

No abstract provided.


Searches And Seizures Jan 1996

Searches And Seizures

Touro Law Review

No abstract provided.


Searches And Seizures Jan 1996

Searches And Seizures

Touro Law Review

No abstract provided.


Self Incrimination Jan 1996

Self Incrimination

Touro Law Review

No abstract provided.


Separation Of Powers Jan 1996

Separation Of Powers

Touro Law Review

No abstract provided.


Separation Of Powers Jan 1996

Separation Of Powers

Touro Law Review

No abstract provided.


Searches And Seizures Jan 1996

Searches And Seizures

Touro Law Review

No abstract provided.


Searches And Seizures Jan 1996

Searches And Seizures

Touro Law Review

No abstract provided.


Workers' Compensation Jan 1996

Workers' Compensation

Touro Law Review

No abstract provided.


The Court And The Changing Constitution: A Discussion, Carl Sividorski, James Gardner, Barry Latzer, Peter Galie Jan 1996

The Court And The Changing Constitution: A Discussion, Carl Sividorski, James Gardner, Barry Latzer, Peter Galie

Touro Law Review

No abstract provided.


Rights And Freedoms Under The State Constitution: A New Deal For Welfare Rights, Sandra M. Stevenson, Eve Cary, Mary Falk, Helen Hershkoff, Robert A. Heverly Jan 1996

Rights And Freedoms Under The State Constitution: A New Deal For Welfare Rights, Sandra M. Stevenson, Eve Cary, Mary Falk, Helen Hershkoff, Robert A. Heverly

Touro Law Review

No abstract provided.


Double Jeopardy Jan 1996

Double Jeopardy

Touro Law Review

No abstract provided.


Section 1983 Litigation, Martin A. Schwartz Jan 1996

Section 1983 Litigation, Martin A. Schwartz

Scholarly Works

No abstract provided.


Tragic Irony Of American Federalism: National Sovereignty Versus State Sovereignty In Slavery And In Freedom, The Federalism In The 21st Century: Historical Perspectives, Robert J. Kaczorowski Jan 1996

Tragic Irony Of American Federalism: National Sovereignty Versus State Sovereignty In Slavery And In Freedom, The Federalism In The 21st Century: Historical Perspectives, Robert J. Kaczorowski

Faculty Scholarship

A plurality on the Supreme Court seeks to establish a state-sovereignty based theory of federalism that imposes sharp limitations on Congress's legislative powers. Using history as authority, they admonish a return to the constitutional "first principles" of the Founders. These "first principles," in their view, attribute all governmental authority to "the consent of the people of each individual state, not the consent of the undifferentiated people of the Nation as a whole." Because the people of each state are the source of all governmental power, they maintain, "where the Constitution is silent about the exercise of a particular power-that is, …


Politics And The Rehnquist Court, James F. Simon Jan 1996

Politics And The Rehnquist Court, James F. Simon

Articles & Chapters

No abstract provided.


Text, Texts, Or Ad Hoc Determinations: Interpretation Of The Federal Rules Of Evidence, Randolph N. Jonakait Jan 1996

Text, Texts, Or Ad Hoc Determinations: Interpretation Of The Federal Rules Of Evidence, Randolph N. Jonakait

Articles & Chapters

No abstract provided.


The Supreme Court In United States History: A New Appreciation, Michael Allan Wolf Jan 1996

The Supreme Court In United States History: A New Appreciation, Michael Allan Wolf

Law Faculty Publications

From a perspective long removed in terms of time and experience, I can still recall my first encounter with Charles Warren's Pulitzer Prize winner that still serves as the standard institutional history of the Court. My undergraduate constitutional history professor and I were engaged in a lively discussion concerning the nature of sovereignty and states' rights in the wake of the Union victory in the Civil War.He pulled from an office shelf a well-worn volume from his set of Warren's time-honored narrative. ...


The New Activist Court, Donald H. Zeigler Jan 1996

The New Activist Court, Donald H. Zeigler

Articles & Chapters

No abstract provided.


Introduction: Dialogue On The Solomon Lecture: Politics And The Rehnquist Court, Nadine Strossen Jan 1996

Introduction: Dialogue On The Solomon Lecture: Politics And The Rehnquist Court, Nadine Strossen

Articles & Chapters

No abstract provided.


Noam Chomsky And Judicial Review, James G. Wilson Jan 1996

Noam Chomsky And Judicial Review, James G. Wilson

Cleveland State Law Review

This Commentary will consider four authorities who are hardly considered standard-bearers of the Left: Aristotle, Edmund Burke, James Madison, and Justice Oliver Wendell Holmes. Insights from Aristotle, Burke, Madison, Holmes, and Chomsky will be combined into following set of propositions: (1) the Supreme Court has a constitutional and historical obligation to resist tyranny and other forms of constitutional perversion and factionalism; (2) the Supreme Court has a unique duty and capacity to combat abuses of private power; (3) private corporations and the well-to-do have gained so much power that they have become a dangerous faction that is turning our government …


Social Engineers With Jds, Gerard V. Bradley Jan 1996

Social Engineers With Jds, Gerard V. Bradley

Journal Articles

Stephen B. Presser: Recapturing the Constitution: Race, Religion, and Abortion Reconsidered. (Washington, DC: Regnery Publishing, 1994. Pp. xiv, 398. $24.95.)

With Recapturing the Constitution Steven Presser has launched a heat-seeking missile. It is, he confesses without contrition, "politically incorrect," "the same sort of exercise Allan Bloom was attempting in Closing of the American Mind" (pp. 12, 11). Presser aims to diagnose what ails our constitutional law as Bloom did our universities and culture. Presser argues that constitutional law is very sick indeed, and that it threatens to kill our body politic.


Original Intent And Article Iii, Michael L. Wells, Edward J. Larson Nov 1995

Original Intent And Article Iii, Michael L. Wells, Edward J. Larson

Scholarly Works

Article III of the United States Constitution sets limits on the ability of the legislature to expand or contract the jurisdiction of the federal courts. The Supreme Court has generally held that Article III's restraints on the power of the legislature to restrict the jurisdiction of the federal courts are few and extremely permissive. Many scholars, however, argue that Article III imposes some strong limitations on the legislature's ability to define federal jurisdiction. Strangely, both sides of the debate rely on originalist arguments. This Article argues that reliance on the Framers' intent to resolve issues of federal courts law is …


Abdication Can Be Fun, Join The Orgy, Everyone: A Simpleton’S Perspective On Abdication Of Federal Land Management Responsibilities, George Cameron Coggins Oct 1995

Abdication Can Be Fun, Join The Orgy, Everyone: A Simpleton’S Perspective On Abdication Of Federal Land Management Responsibilities, George Cameron Coggins

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

14 pages.


The Capital Jury Project: Rationale, Design, And Preview Of Early Findings, William J. Bowers Oct 1995

The Capital Jury Project: Rationale, Design, And Preview Of Early Findings, William J. Bowers

Indiana Law Journal

Symposium: The Capital Jury Project


Violence, Representation, And Responsibility In Capital Trials: The View From The Jury, Austin Sarat Oct 1995

Violence, Representation, And Responsibility In Capital Trials: The View From The Jury, Austin Sarat

Indiana Law Journal

Symposium: The Capital Jury Project


Cross-Overs-Capital Jurors Who Change Their Minds About The Punishment: A Litmus Test For Sentencing Guidelines, Marla Sandys Oct 1995

Cross-Overs-Capital Jurors Who Change Their Minds About The Punishment: A Litmus Test For Sentencing Guidelines, Marla Sandys

Indiana Law Journal

Symposium: The Capital Jury Project


Should Juries And The Death Penalty Mix?: A Prediction About The Supreme Court's Answer, Christopher Slobogin Oct 1995

Should Juries And The Death Penalty Mix?: A Prediction About The Supreme Court's Answer, Christopher Slobogin

Indiana Law Journal

Symposium: The Capital Jury Project


Where's The Buck?: Juror Misperception Of Sentencing Responsibility In Death Penalty Cases, Joseph L. Hoffmann Oct 1995

Where's The Buck?: Juror Misperception Of Sentencing Responsibility In Death Penalty Cases, Joseph L. Hoffmann

Indiana Law Journal

Symposium: The Capital Jury Project


Corporation Of The Presiding Bishop V. Amos, Matthew David Dimick Sep 1995

Corporation Of The Presiding Bishop V. Amos, Matthew David Dimick

Brigham Young University Prelaw Review

The Supreme Court has long sought for a consistent principle in constitutional theory that will "be a master principle that can guide the interpretation of both religion clauses" (Tushnet, 1691). Indeed, at times both the Establishment Clause and the Free Exercise Clause seem to contradict. Such an instance arose in Corporation of the Presiding Bishop v. Amos. In this case the Court applied the religious accommodation principle to allow a religious group the right to remain an autonomous entity thereby maintaining protection guaranteed under the Free Exercise Clause, also recognizing "that the government may (and sometimes must) accommodate religious practices …