Law Commons^™

The Canadian Constitutional Experiment, Alan C. Cairns

Dalhousie Law Journal

Amidst the staggering array of possible foci for an essay on the Canadian constitutional experiment I have chosen to stress the recent tumultuous struggles for identity and community which have engaged citizens and governments. My perspective is primarily from the bottom up, not because the recent constitutional exercise shows the Canadian peoples as masters of their fate, which it does not, but because who we are and to whom we relate as fellow citizens are important subjects in themselves. Further, the contemporary democratic state cannot function successfully in a vacuum. Its weight and its pressure are such, and its purposes …

The Early Days Of Law Teaching At Mcgill, Stanley B. Frost

Dalhousie Law Journal

When the British acquired Canada in 1763, there were immediate schemes for the rapid anglicization of the Province. The map was redrawn to impose English county names on the French countryside, schemes for universal education were drafted to teach English to francophone youth, the new-burgeoning commerce was conducted in association with English firms employing English terminology and in accordance with accepted English practices. A Legislative Assembly was promised and Canada was to become as English as New England: even more so, for the Church of England was to be established as the National Church as in England, Wales and Ireland. …

Commercial Speech Concerning Unlawful Conduct: A Clear And Present Danger, Richard L. Barnes

BYU Law Review

No abstract provided.

The Fourth Branch: Reviving The Nondelegation Doctrine, Craig L. Taylor

BYU Law Review

No abstract provided.

Religious Symbols, American Traditions And The Constitution, Kelly C. Crabb

BYU Law Review

No abstract provided.

Second Generation State Takeover Legislation: Maryland Takes A New Tack, Michigan Law Review

Michigan Law Review

This Note examines the approach recently adopted by the Maryland legislature in special session one year after the Supreme Court's decision in MITE. Maryland has departed radically from the regulatory approach of first generation statutes; however, this Note argues that the statute has failed to escape the constitutional infirmities of its predecessors. Part I outlines the various mechanisms that regulate acquisition of corporate control: the federal tender offer regulatory mechanism known as the Williams Act, state takeover legislation such as the Illinois statute invalidated in MITE, and the new Maryland statute. Part II analyzes the debate concerning the …

Backing Off Bivens And The Ramifications Of This Retreat For The Vindication Of First Amendment Rights, Joan Steinman

Michigan Law Review

In Part I of this Article, Chappell and Bush are analyzed against the backdrop of the preceding Bivens cases. The analysis explains how these cases presented situations that were similar to one another but unlike any the Supreme Court previously had faced in Bivens cases. It demonstrates how the Court departed from the line of analysis that its previous Bivens cases had established, in a way that makes it more difficult for at least some plaintiffs seeking vindication of their constitutional rights to succeed in having a money damage remedy implied directly under the Constitution. The Article then argues that …

Defamation—A Standard Of Review For Constitutional Facts, Susan Stevens

University of Arkansas at Little Rock Law Review

No abstract provided.

Towards A United Kingdom Bill Of Rights, Francis G. Jacobs

University of Michigan Journal of Law Reform

The United Kingdom has no fundamental constitutional instrument. It is in that respect almost unique. Instead it has a fundamental constitutional doctrine: the doctrine of the sovereignty of Parliament. The first paradox of the United Kingdom constitution is that no rules have a constitutional status.

The doctrine of Parliamentary sovereignty entails that all the constitutional rules that, in other countries, would be set out in a constitution are, in the United Kingdom, contained in Acts of Parliament-or in the common law, or in unwritten constitutional conventions or custom; and that any such rules, whether statutory or not, can be repealed …

Public Employees Or Private Citizens: The Off-Duty Sexual Activities Of Police Officers And The Constitutional Right Of Privacy, Michael A. Woronoff

University of Michigan Journal of Law Reform

This Note proposes a framework for dealing with problems in this area in a manner which best balances the competing interests involved. It argues that, while there is no explicit constitutional guarantee of privacy, the state is not free to regulate all aspects of a police officer's otherwise legal, off-duty, sexual activity. Part I of the Note examines several possible sources of a constitutional right of privacy. It concludes that, although many of the courts which invalidate state regulation of police officers' off-duty sexual activity do so on the basis of some constitutional right of privacy, any implied fundamental right …

Supreme Court's Treatment Of Open Fields: A Comment On Oliver And Thornton, Barbara Rockhill Edwards

Florida State University Law Review

No abstract provided.

The Theory And Practice Of Constitutionalism In Pre-Revolutionary Massachusetts Bay: James Otis On The Writs Of Assistance, 1761, David Thomas Konig

Dalhousie Law Journal

The subject of constitutionalism is of considerable topical importance in Canada today, and it is hoped that this essay in historical jurisprudence will be of value to Canadian scholars attempting to discover a usable past in the eighteenth century constitution of Empire. To plunge twentieth century scholars into the eighteenth century legal world, however, may have a tortious quality to it. Recently, an American scholar commented rather grimly that much modern scholarship on the subject shares "a sense of the strangeness of the eighteenthcentury world, its pervasive differentness from the legal world we know and have internalized. We cannot," he …

The State Action Doctrine In State And Federal Courts, Hala Ayoub

Florida State University Law Review

No abstract provided.

Rights And Judges In A Democracy: A New Canadian Version, Paul C. Weiler

University of Michigan Journal of Law Reform

Canadians sought a constitutionally entrenched Charter of Rights not just for its own sake, but also as part of a larger effort at constitutional renewal. The hope was that such a Charter would preserve a united Canada in the face of the serious threat posed by French Canadian nationalism within a potentially independent Quebec. In this Article, I comment on those features of the Canadian debate and its denouement that are noteworthy within the Canadian context, as well as those that illustrate some of the universal themes of constitutional theory.

The Psychiatric Expert As Due Process Decisionmaker, Robert S. Berger

Buffalo Law Review

No abstract provided.

Defamation, Public Officialdom And The Rosenblatt V. Baer Criteria—A Proposal For Revivification: Two Decades After New York Times Co. V. Sullivan, David Elder

Buffalo Law Review

No abstract provided.

Constitutional Law—The Commerce Clause: Allocating Provision Or Individual Right, Wylie D. Cavin Iii

University of Arkansas at Little Rock Law Review

No abstract provided.

As Near As May Be Agreeable To The Laws Of This Kingdom": Legal Birthright And Legal Baggage At Chebucto, 1749, Thomas Garden Barnes

Dalhousie Law Journal

The Old British Empire at its greatest extent and the height of its grandeur, between 1763 and 1776, comprised thirty-three colonies, all but a few of them in North America and the Caribbean, none of them older than 1607. The most recently acquired colonies included the largest, Canada, and some of the smallest, Grenada and St. Vincent.1 The Empire was not a monolith. Differing geography, history, economics, social structure and dynamics, and ethnicity produced political societies of great variations and disparities, even between contiguous colonies. Historians of the Old Empire have found generalization difficult and dangerous, save when describing "imperial …

The Judicial Development Of The Parent-Child Testimonial Privilege: Too Big For Its Britches?, Gregory W. Franklin

William & Mary Law Review

No abstract provided.

Back To The Laboratory With Peremptory Challenges: A Florida Response, James R. Jorgenson

Florida State University Law Review

No abstract provided.

Consequences Of Supreme Court Decisions Upholding Individual Constitutional Rights, Jesse H. Choper

Michigan Law Review

The thrust of this Article is to attempt to ascertain just what differences the Court's judgments upholding individual constitutional rights have made for those who fall within the ambit of their protection. It seeks to address such questions as: What were the conditions that existed before the Court's ruling? How many people were subject to the regime that was invalidated by the Justices? Was the Court's mandate successfully implemented? What were the consequences for those affected? At a subjective level, were the repercussions perceived as salutary by those (or at least most of those) who were the beneficiaries of the …

Taking Needs Seriously: Observations On The Necessity For Constitutional Change, Arthur S. Miller

Washington and Lee Law Review

No abstract provided.

A Breach In The Impregnable Wall: An Analysis Of Tuition Tax Credits And The Establishment Clause, Juan C. Enjamio

University of Miami Law Review

No abstract provided.

The Right To Life Of The Unborn-An Assessment Of The Eighth Amendment To The Irish Constitution, John A. Quinlan

BYU Law Review

No abstract provided.

A Sign Of The Times: Billboard Regulation And The First Amendment Symposium - Selected Topics On Land Use Law - Comment., Anne E. Swenson

St. Mary's Law Journal

Evaluation of a billboard ordinance is complicated by the unique properties of this form of expression. The physical structure of the sign is not a form of expression; therefore, a state may regulate the size, height, degree of illumination, and location of the billboard. The sign’s message, on the other hand, is speech and thus protected from government action by the First Amendment. Further, the precise degree of First Amendment protection afforded to a particular message is a function of the character of the speech involved. First Amendment protection attaches if the sign’s message concerns a political, cultural, social, or …

The Journalist's Privilege In Arkansas, John J. Watkins

University of Arkansas at Little Rock Law Review

No abstract provided.

Domestic Relations—Arkansas Supreme Court Defines Marital Property To Include Future Pension Benefits, Roger L. Morgan

University of Arkansas at Little Rock Law Review

No abstract provided.

Searching For The Fourth Amendment, John M.A. Dipippa

University of Arkansas at Little Rock Law Review

No abstract provided.

A Response To D.A.J. Richards' Defense Of Freewheeling Constitutional Adjudication, Raoul Berger

Indiana Law Journal

No abstract provided.

Public Figures, Frederick Schauer

William & Mary Law Review

No abstract provided.