Digital Commons Network^™

Criminal Procedure In The Rehnquist Court: Has The Rehnquisition Begun?, Craig M. Bradley

Indiana Law Journal

No abstract provided.

Preliminary Screening Of Prosecutorial Access To Death Qualified Juries: A Missing Constitutional Link, F. Thomas Schornhorst

Indiana Law Journal

No abstract provided.

The American Constitution: A Double Life, Lawrence M. Friedman

University of Arkansas at Little Rock Law Review

No abstract provided.

Do The United States Sentencing Guidelines Deprive Defendants Of Due Process?, Bradford Mank

Faculty Articles and Other Publications

It is difficult to determine whether due process requires individualized sentencing because sentencing goals and practices have varied greatly during the course of this nation's history. A court applying Judge Bork's original intent doctrine of constitutional interpretation would probably reach a result different from that reached by a court employing a more liberal view of due process protections.1o It is likely that liberals and conservatives on the current Supreme Court would disagree on whether the Guidelines violate due process.

This article argues that the Guidelines can be saved and can satisfy due process requirements if the Supreme Court interprets the …

The Need For A New National Court, Douglas D. Mcfarland, Thomas E. Baker

Faculty Publications

By any measure, the Supreme Court is tremendously overburdened. Statistics speak clearly on this point; sometimes they shout. After the caseload relief provided by the Judges' Bill, 4 which was passed in I925 and took effect during the I928 Term, the Supreme Court caseload grew slowly for thirty years. Beginning in the I96os, growth sharply accelerated, and during the I970S and I98os, the numbers exploded.

Appealability, Under The Collateral Order Doctrine, Of Orders Denying Motions For Appointment Of Counsel In Federal Civil Litigation After Richardson-Merrell, Inc. V. Koller, Kevin G. Dumbach

Touro Law Review

No abstract provided.

Where To Pray? Religious Zoning And The First Amendment, Mark W. Cordes

Faculty Articles, Papers, and Other Scholarship

Despite emerging recognition that the normal rules do not apply when zoning affects first amendment activities, the Supreme Court has not yet definitively addressed zoning restrictions that affect the exercise of religion. As with other land uses, churches have been made subject to a variety of zoning restrictions. Concurrent with the growing municipal desire to establish and preserve residential communities has been the emergence of the modern church as a multi-purpose facility that serves a variety of functions. As a result, churches are more intense land users than their predecessors and are viewed with growing frequency as incompatible with residential …

Citizen's Arrests And The Fourth Amendment--A Fresh Perspective, Howard E. Wallin

Touro Law Review

No abstract provided.

Memorandum Concerning Robert Bork [1987], Anonymous

Historical and Topical Legal Documents

No abstract provided.

The Illinois Bill Of Rights And Our Independent Legal Tradition: A Critique Of The Illinois Lockstep Doctrine, Thomas B. Mcaffee

Scholarly Works

Illinois’ highest court continues to follow the rule that courts of this state are strictly bound by Supreme Court decisions construing provisions that are substantially identical to provisions found in the Illinois Constitution. Increasingly, however, this rule has been challenged by dissenting justices who contend that it is contrary to the state’s independent legal tradition and rests upon an accurate view of the relationship between federal and state courts and their respective constitutions. These justices contend that the court may give independent attention to the provisions of the Illinois Constitution and need not slavishly adhere to decisions of the Supreme …

Sin, Scandal And Substantive Due Process: Personal Jurisdiction And Pennoyer Reconsidered, Wendy Collins Perdue

Law Faculty Publications

Professor Perdue recounts the underlying story of the U.S. Supreme Court's seminal personal jurisdiction case, Pennoyer v. Neff.

Litigating The Zero-Sum Game: The Effect Of Institutional Reform Litigation On Absent Parties, Elizabeth G. Thornburg

Faculty Journal Articles and Book Chapters

This article considers the impact that the use and misuse of equitable interest balancing has had on institutional reform litigation. It begins by considering the types of cases in which interest balancing was originally used in equity, and then surveys the use of interest balancing in school desegregation and employment discrimination cases. The article argues that the Supreme Court's interest balancing is flawed in systemic ways that result in overvaluing non-party interests.

Formal And Functional Approaches To Separation-Of-Powers Questions – A Foolish Inconsistency?, Peter L. Strauss

Faculty Scholarship

Is it possible to give contemporary shape to the principles of constitutional structure we know as "separation of powers"? That question was sharply presented once again on the final day of the Supreme Court's most recent Term, when it decided two cases raising separation-of-powers issues. In Bowsher v. Synar, the subject of this symposium, the Court found constitutional fault in Congress's asserted expansion of its own powers at the expense of the President's article II authority. Commodity Future Trading Commission v. Schor, far less widely noted, upheld against constitutional challenge Congress's assignment to an administrative adjudicator of the …

Review Essay: Charting The Bicentennial, Richard B. Bernstein

Articles & Chapters

No abstract provided.

Review Essay: Liberalism And The Supreme Court, Donald P. Kommers

Journal Articles

In Liberalism and American Constitutional Law, Rogers M. Smith of Yale University takes stock of the American liberal tradition and its impact on the Supreme Court's constitutional jurisprudence. It argues that the tradition's political vision lacks philosophical coherence and that our constitutional law, by reflecting this incoherence, has failed to provide the legal community with a public philosophy suited to the needs of American society in the late twentieth century.His goal is to demonstrate the superiority of "rational liberty," both as a philosophical theory and practical guide to constitutional policymaking, over three major competing versions of liberal constitutionalism. To wit: …

Memorandum Regarding Judicial Philosophy Of Robert Bork [1987], Anonymous

Historical and Topical Legal Documents

No abstract provided.

One Hundred Fifty Cases Per Year: Some Implications Of The Supreme Court's Limited Resources For Judicial Review Of Agency Action, Peter L. Strauss

Faculty Scholarship

Recent writing about the Supreme Court has stressed the implications of the extraordinary growth in the Court's docket – and, even more, the growth in the overall level of judicial activity in the nation's courts – for its performance of its judicial task. Generally, this writing seeks first to determine whether the Court has been forced to bypass questions it ought normally to hear (for example, square conflicts between two of the federal circuits), editorializes about the increasing bureaucratization of the Court, and passes on to normative questions about what if anything ought to be done to ease the Court's …

Comments On Standards Of Judicial Review, William W. Van Alstyne

Faculty Scholarship

No abstract provided.

A Case For An Evolutionary Constitutionalism, Harry Tepker

Other Faculty Publications

No abstract provided.

The Evolution Of The National Court Of Appeals Controversy: An Emerging Negative Consensus?, James A. Gazell

Northern Illinois University Law Review

An examination of the debate concerning the creation of a National Court of Appeals. A consensus has emerged which rejects the proposal as premature and unnecessary. Thus, the Supreme Court may have to look to other means in order to ease the burden of its caseload.

The Decency Of Capital Punishment For Minors: Contemporary Standards And The Dignity Of Juveniles, Lawrence A. Vanore

Indiana Law Journal

No abstract provided.

Patient Coercion By Hospitals: A Comparison Of Antitrust Standards In Hyde And Rumple, Cindy L. Porter

Indiana Law Journal

No abstract provided.

A Moment Of Silence: A Permissible Accommodation Protecting The Capacity To Form Religious Belief, Andrew Woodbridge Hall

Indiana Law Journal

No abstract provided.

Memo From Peter J. Wallison To President Reagan Regarding Rehnquist And Scalia [1986], Peter J. Wallison

Historical and Topical Legal Documents

No abstract provided.

Letter From Peter J. Wallison To President Reagan Regarding Questions To Ask Rehnquist And Scalia [1986], Peter J. Wallison

Historical and Topical Legal Documents

No abstract provided.

Raul Memorandum Regarding Antonin Scalia, Alan Charles Raul

Historical and Topical Legal Documents

No abstract provided.

The Arizona Solution To Allocation And Use Of Groundwater, Betsy Rieke

Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)

48 pages.

Augmenting Municipal Water Supplies Through Agricultural Water Conservation, David Engels

Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)

38 pages (includes maps).

Harper & Row, Publishers V. Nation Enterprises - Rewriting The Fair Use Criteria?, Douglas B. Teaney

Northern Illinois University Law Review

An examination of the Supreme Court's first detailed discussion of the doctrine offair use in copyright law as embodied in the Copyright Revision Act of 1976. Particular attention is given to the Court's innovative analysis of fair use factors.

Compensating Manufacturers Submitting Health And Safety Data To Support Product Registrations After Ruckelshaus V. Monsanto, Eric E. Boyd

Indiana Law Journal

No abstract provided.