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Constitutional Law

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Case Western Reserve University School of Law

Articles 91 - 119 of 119

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United States Supreme Court: 1997 Term, Paul C. Giannelli Jan 1997

United States Supreme Court: 1997 Term, Paul C. Giannelli

Faculty Publications

No abstract provided.

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Introduction To Symposium, The New Federalism After United States V. Lopez, Jonathan L. Entin Jan 1996

Introduction To Symposium, The New Federalism After United States V. Lopez, Jonathan L. Entin

Faculty Publications

Introduction to Symposium, The New Federalism After United States v. Lopez, Cleveland, Ohio, 1996.

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United States Supreme Court: 1995 & 1996 Term, Paul C. Giannelli Jan 1996

United States Supreme Court: 1995 & 1996 Term, Paul C. Giannelli

Faculty Publications

No abstract provided.

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Consensus Of The Governed: The Legitimacy Of Constitutional Change, Raymond Shih Ray Ku Jan 1995

Consensus Of The Governed: The Legitimacy Of Constitutional Change, Raymond Shih Ray Ku

Faculty Publications

This Article argues that, contrary to current practices, constitutional change is legitimate only when it commands the unanimous support of the people, or, because unanimous support is practically impossible, when it is accomplished through procedural devices (i.e., representation, ratification, and supermajority support) that safeguard minority interests in an effort to determine the public good and approximate the will of the people as a whole. Constitutional change is illegitimate when it represents only the will of a portion of the people. This Article attempts to answer the question of what makes a constitution or a constitutional amendment legitimate, and provides specific …

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United States Supreme Court: 1993-94 Term, Paul C. Giannelli Jan 1994

United States Supreme Court: 1993-94 Term, Paul C. Giannelli

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No abstract provided.

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Note, Give Me Liberty Or Give Me Silence: Taking A Stand On Fifth Amendment Implications For Court-Ordered Therapy Programs, Jessica Wilen Berg Jan 1994

Note, Give Me Liberty Or Give Me Silence: Taking A Stand On Fifth Amendment Implications For Court-Ordered Therapy Programs, Jessica Wilen Berg

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No abstract provided.

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The Constitutional Right To Defense Experts, Paul C. Giannelli Jan 1993

The Constitutional Right To Defense Experts, Paul C. Giannelli

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No abstract provided.

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Defensible Fees, State Action, And The Legacy Of Massive Resistance, Jonathan L. Entin Jan 1993

Defensible Fees, State Action, And The Legacy Of Massive Resistance, Jonathan L. Entin

Faculty Publications

The Supreme Court of Virginia recently upheld the validity of a whites-only provision in an educational trust. The decision in Hermitage Methodist Homes of Virginia, Inc. v. Dominion Trust Co., would be noteworthy for that reason alone. It is important for three other reasons, however. First, this was not an ordinary property dispute; it arose directly from Brown v. Board of Education. The restriction at issue applied to a segregation academy in Prince Edward County, the most recalcitrant of the defendants in Brown. The academy was established to provide private education for whites when the county closed its public schools …

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United States Supreme Court: 1991-92 Term, Paul C. Giannelli Jan 1992

United States Supreme Court: 1991-92 Term, Paul C. Giannelli

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No abstract provided.

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United States Supreme Court: 1990-91 Term, Paul C. Giannelli Jan 1992

United States Supreme Court: 1990-91 Term, Paul C. Giannelli

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No abstract provided.

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Congress, The President, And The Separation Of Powers: Rethinking The Value Of Litigation, Jonathan L. Entin Jan 1991

Congress, The President, And The Separation Of Powers: Rethinking The Value Of Litigation, Jonathan L. Entin

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No abstract provided.

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Separation Of Powers, The Political Branches, And The Limits Of Judicial Review, Jonathan L. Entin Jan 1990

Separation Of Powers, The Political Branches, And The Limits Of Judicial Review, Jonathan L. Entin

Faculty Publications

No abstract provided.

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U.S. Supreme Court: The 1988-1989 Term, Paul C. Giannelli Jan 1989

U.S. Supreme Court: The 1988-1989 Term, Paul C. Giannelli

Faculty Publications

No abstract provided.

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U.S. Supreme Court: The 1987-88 Term (Part I), Paul C. Giannelli Jan 1988

U.S. Supreme Court: The 1987-88 Term (Part I), Paul C. Giannelli

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No abstract provided.

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U.S. Supreme Court: The 1987-88 Term (Part Ii), Paul C. Giannelli Jan 1988

U.S. Supreme Court: The 1987-88 Term (Part Ii), Paul C. Giannelli

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No abstract provided.

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U.S. Supreme Court: The 1986-87 Term (Part I), Paul C. Giannelli Jan 1987

U.S. Supreme Court: The 1986-87 Term (Part I), Paul C. Giannelli

Faculty Publications

No abstract provided.

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U.S. Supreme Court: The 1986-87 Term (Part Ii), Paul C. Giannelli Jan 1987

U.S. Supreme Court: The 1986-87 Term (Part Ii), Paul C. Giannelli

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No abstract provided.

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The Law Of Confessions: Part I, Paul C. Giannelli Jan 1986

The Law Of Confessions: Part I, Paul C. Giannelli

Faculty Publications

No abstract provided.

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The Law Of Confessions: Part Ii, Paul C. Giannelli Jan 1986

The Law Of Confessions: Part Ii, Paul C. Giannelli

Faculty Publications

No abstract provided.

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U.S. Supreme Court: The 1983-84 Term, Paul C. Giannelli Jan 1984

U.S. Supreme Court: The 1983-84 Term, Paul C. Giannelli

Faculty Publications

No abstract provided.

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U.S. Supreme Court: 1982-83 Term: Part I, Paul C. Giannelli Jan 1983

U.S. Supreme Court: 1982-83 Term: Part I, Paul C. Giannelli

Faculty Publications

No abstract provided.

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U.S. States Supreme Court: 1982-83 Term: Partii, Paul C. Giannelli Jan 1983

U.S. States Supreme Court: 1982-83 Term: Partii, Paul C. Giannelli

Faculty Publications

No abstract provided.

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Constitutional Limitations On Obtaining Evidence For Scientific Analysis, Paul C. Giannelli Jan 1982

Constitutional Limitations On Obtaining Evidence For Scientific Analysis, Paul C. Giannelli

Faculty Publications

No abstract provided.

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The Right Of Confrontation: Part I, Paul C. Giannelli Jan 1982

The Right Of Confrontation: Part I, Paul C. Giannelli

Faculty Publications

No abstract provided.

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The Right To Defense Experts, Paul C. Giannelli Jan 1982

The Right To Defense Experts, Paul C. Giannelli

Faculty Publications

No abstract provided.

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The Right Of Confrontation: Part Ii, Paul C. Giannelli Jan 1982

The Right Of Confrontation: Part Ii, Paul C. Giannelli

Faculty Publications

No abstract provided.

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Constitutional Limits On State Regulatory And Protectionist Policies, Peter M. Gerhart Jan 1980

Constitutional Limits On State Regulatory And Protectionist Policies, Peter M. Gerhart

Faculty Publications

My theme throughout is this: Although the Supreme Court's sometimes timid review of state regulatory legislation may be explained by its continued allergic reaction to economic due process review, that timidity is often unwarranted because the Constitution does embody several principles that protect the free market from some forms of state intervention.

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The United States Supreme Court: The 1978-79 Term, Paul C. Giannelli Jan 1979

The United States Supreme Court: The 1978-79 Term, Paul C. Giannelli

Faculty Publications

No abstract provided.

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The Ohio Bill Of Rights, Paul C. Giannelli Jan 1978

The Ohio Bill Of Rights, Paul C. Giannelli

Faculty Publications

No abstract provided.

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