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Supreme Court

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Articles 2761 - 2790 of 3270

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Trial By Jury Jan 1993

Trial By Jury

Touro Law Review

No abstract provided.


Trial By Jury Jan 1993

Trial By Jury

Touro Law Review

No abstract provided.


Search & Seizure Jan 1993

Search & Seizure

Touro Law Review

No abstract provided.


Trial By Jury Jan 1993

Trial By Jury

Touro Law Review

No abstract provided.


Supreme Court Jurisdiction Jan 1993

Supreme Court Jurisdiction

Touro Law Review

No abstract provided.


The Aspirational Constitution, Robin West Jan 1993

The Aspirational Constitution, Robin West

Georgetown Law Faculty Publications and Other Works

Firmly embedded in every theory of judicial decisionmaking lies an important set of assumptions about the way government is supposed to work. Sometimes these theories about government are made explicit. More often they are not. Moreover, deeply embedded in every theory of government is a theory of human nature. Although these assumptions about human nature generally remain latent within the larger theory, because they provide the underpinnings for our ideas about the way government is supposed to work, they drive our notions about judicial decisionmaking. For example, the theory of government reflected in the United States Constitution reveals what one …


Lee V. Weisman: Whither The Establishment Clause And The Lemon V. Kurtzman Three Pronged Test?, Thomas A. Schweitzer Jan 1993

Lee V. Weisman: Whither The Establishment Clause And The Lemon V. Kurtzman Three Pronged Test?, Thomas A. Schweitzer

Scholarly Works

No abstract provided.


Who Rules At Home: One Person/One Vote And Local Governments, Richard Briffault Jan 1993

Who Rules At Home: One Person/One Vote And Local Governments, Richard Briffault

Faculty Scholarship

Twenty-five years ago, in Avery v Midland County, the United States Supreme Court extended the one person/one vote requirement to local governments. Avery and subsequent decisions applying federal constitutional standards to local elections suggested a change in the legal status of local governments and appeared to signal a shift in the balance of federalism. Traditionally, local governments have been conceptualized as instrumentalities of the states. Questions of local government organization and structure were reserved to the plenary discretion of the states with little federal constitutional oversight. In contrast, Avery assumed that local governments are locally representative bodies, not simply …


The Supreme Court, Abortion, And The Jurisprudence Of Class, Wendy K. Mariner Nov 1992

The Supreme Court, Abortion, And The Jurisprudence Of Class, Wendy K. Mariner

Faculty Scholarship

The US Supreme Court's decision in Planned Parenthood of Southeastern Pennsylvania v Casey both protects a woman's liberty to choose to terminate her pregnancy and permits the state to make it more difficult for her to exercise her choice. In their opinion on the case, Justices O'Connor, Kennedy, and Souter eloquently defend constitutional protection of the right to make intimate decisions like continuing or ending a pregnancy. At the same time, they permit the state to try to persuade pregnant women not to have abortions and to make abortion harder to obtain and more costly, as long as the state's …


The Supreme Court's Use Of Per Curiam Dispositions: The Connection To Oral Argument, Stephen L. Wasby, Steven Peterson, James Shubert, Glendon Shubert Nov 1992

The Supreme Court's Use Of Per Curiam Dispositions: The Connection To Oral Argument, Stephen L. Wasby, Steven Peterson, James Shubert, Glendon Shubert

Northern Illinois University Law Review

This study is an empirical examination of a set of the Supreme Court's per curiam rulings issued after oral argument between 1969 and 1981. The authors use transcripts of Supreme Court oral argument and the Court's opinions to untangle relationships between oral argument and dispositions, particularly when the Court does not reach the merits. The authors note that oral argument clarifies issues and helps the justices narrow them. The Court's comments in its per curiam dispositions indicate that oral argument is relevant for the Court's dispositions and at times it has been more determinative of outcomes, for example, when counsel's …


The George-Anne, Georgia Southern University Oct 1992

The George-Anne, Georgia Southern University

The George-Anne

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"The Right Of Privacy", Fernando Bustos Sep 1992

"The Right Of Privacy", Fernando Bustos

Brigham Young University Prelaw Review

The concept of a right of privacy is one that is currently the focal point of the argument for legalized abortion, and for women's rights in general. By examining the history of this issue, along with its influence upon the U.S. Constitution, and the decisions of the U.S. Supreme Court, we will be better enabled to understand the legal debate at hand.


Beyond Maryland V. Craig: Can And Should Adult Rape Victims Be Permitted To Testify By Closed-Circuit Television?, Lisa Hamilton Thielmeyer Jul 1992

Beyond Maryland V. Craig: Can And Should Adult Rape Victims Be Permitted To Testify By Closed-Circuit Television?, Lisa Hamilton Thielmeyer

Indiana Law Journal

No abstract provided.


The New York Law School Reporter, Vol 9, No. 5, March 1992, New York Law School Mar 1992

The New York Law School Reporter, Vol 9, No. 5, March 1992, New York Law School

Student Newspapers

No abstract provided.


Mum's The Word: The Supreme Court And Family Planning, Wendy K. Mariner Feb 1992

Mum's The Word: The Supreme Court And Family Planning, Wendy K. Mariner

Faculty Scholarship

On May 23, 1991, the US Supreme Court upheld federal regulations that prohibit federally funded family planning programs from counseling about or referring for abortion. As a result, government benefits may now entail substantial costs. The regulations changed the nature of government-assisted family planning from comprehensive care and counseling to limited services and government-prescribed information. The reasoning in Rust v Sullivan allows government to limit freedom of speech in federally funded programs. The decision may have been influenced by antiabortion sentiment, but it does not affect the legality of abortion. Instead, it sets a precedent for government control of whether …


Free Trade And Environmental Protection In An Integrated Market: A Survey Of The Case Law Of The United States Supreme Court And The European Court Of Justice, Damien Geradin Jan 1992

Free Trade And Environmental Protection In An Integrated Market: A Survey Of The Case Law Of The United States Supreme Court And The European Court Of Justice, Damien Geradin

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Searches And Seizure Jan 1992

Searches And Seizure

Touro Law Review

No abstract provided.


The Gender Gap: Separating The Sexes In Public Education, Sharon K. Mollman Jan 1992

The Gender Gap: Separating The Sexes In Public Education, Sharon K. Mollman

Indiana Law Journal

No abstract provided.


A Matter Of "Governing' Importance": Providing Business Defamation And Product Disparagement Defendants Full First Amendment Protection, Lisa Magee Arent Jan 1992

A Matter Of "Governing' Importance": Providing Business Defamation And Product Disparagement Defendants Full First Amendment Protection, Lisa Magee Arent

Indiana Law Journal

No abstract provided.


A Medical-Legal Dilemma: When Can "Inappropriate" Nutrition And Hydration Be Removed In Indiana?, Kathleen M. Anderson Jan 1992

A Medical-Legal Dilemma: When Can "Inappropriate" Nutrition And Hydration Be Removed In Indiana?, Kathleen M. Anderson

Indiana Law Journal

No abstract provided.


Treaty-Based Rights And Remedies Of Individuals, Carlos Manuel Vázquez Jan 1992

Treaty-Based Rights And Remedies Of Individuals, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

Treaties are frequently described as contracts between nations. As instruments of international law, they establish obligations with which international law requires the parties to comply. In the United States, treaties also have the status of law in the domestic legal system. The Supremacy Clause declares treaties to be the "supreme Law of the Land" and instructs the courts to give them effect. The status of treaties as law in two distinct legal orders has given rise to unusual conceptual problems. In recent years, it has produced confusion among the courts regarding the enforceability of treaties in the courts by individuals. …


Introductory Remarks: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, William Michael Treanor Jan 1992

Introductory Remarks: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

This issue of the Fordham Law Review presents Fordham Law School's tribute to one of the giants of American law and American history on the occasion of his retirement from the Supreme Court, Justice Thurgood Marshall. Because he decided to make the law his career and because of the way in which he pursued that career, the United States today is a remarkably different place than it was in 1933 when he began practice, and ours is a far more just society.

Justice Marshall made history repeatedly--as Chief Counsel of the NAACP Legal Defense Fund, as Judge of the United …


Abrams V. United States: Remembering The Authors Of Both Opinions, James F. Fagan Jr. Jan 1992

Abrams V. United States: Remembering The Authors Of Both Opinions, James F. Fagan Jr.

Touro Law Review

No abstract provided.


Comptroller And Attorney-General Jan 1992

Comptroller And Attorney-General

Touro Law Review

No abstract provided.


Due Process Jan 1992

Due Process

Touro Law Review

No abstract provided.


Gift Or Loan Of Property Or Credit Of Local Subdivisions Prohibited Jan 1992

Gift Or Loan Of Property Or Credit Of Local Subdivisions Prohibited

Touro Law Review

No abstract provided.


Law Enforcement And Other Officers Jan 1992

Law Enforcement And Other Officers

Touro Law Review

No abstract provided.


Preemption Of Local Law By State Legislature Jan 1992

Preemption Of Local Law By State Legislature

Touro Law Review

No abstract provided.


Public Relief Jan 1992

Public Relief

Touro Law Review

No abstract provided.


Right To Counsel Jan 1992

Right To Counsel

Touro Law Review

No abstract provided.