Law Commons^™

Renov. Aclu: Insulating The Internet, The First Amendment, And The Marketplaceof Ideas , Stephen C. Jacques

American University Law Review

No abstract provided.

Antidisestablishmentarianism: Why Rfra Really Was Unconstitutional, Jed Rubenfeld

Michigan Law Review

Two months ago, the Supreme Court struck down the Religious Freedom Restoration Act of 1993 (RFRA), handing down its most important church-state decision, and one of its most important federalism decisions, in fifty years. Through RFRA, Congress had prohibited any state actor from "substantially burden[ing] a person's exercise of religion" unless imposing that burden was the "least restrictive means" of furthering "a compelling governmental interest." RFRA was a response to Employment Division, Department of Human Resources of Oregon v. Smith, in which the Supreme Court abandoned the very same compelling interest test that RFRA mandated. Smith, overturning decades-old precedent, held …

Jack Rakove's Rendition Of Original Meaning, Raoul Berger

Indiana Law Journal

No abstract provided.

Allocating The Burden Of Proof, Bruce L. Hay

Indiana Law Journal

No abstract provided.

The Uniform Commercial Code Meets The Seventh Amendment: The Demise Of Jury Trials Under Article 5?, Margaret L. Moses

Indiana Law Journal

No abstract provided.

Constitutional Civil Law, Albert Sidney Johnson

Mercer Law Review

The 1996 survey period was a reasonably quiet year for the United States Court of Appeals for the Eleventh Circuit in terms of dramatic developments in civil constitutional law. The most significant labor of the court of appeals was directed toward accommodation of developing law in the United States Supreme Court surrounding the application of evidentiary sufficiency standards to qualified immunity inquiries. The Eleventh Circuit continued its resolve against exercising pendent appellate jurisdiction in the aftermath of the Supreme Court's directive in Swint v. Chamber County Commission. The court of appeals had occasion to consider, in three separate contexts, …

Constitutional Criminal Procedure, James P. Fleissner

Mercer Law Review

The Fourth, Fifth, and Sixth Amendments of the United States Constitution are the three pillars of the American system of criminal justice. The three amendments make procedural guarantees using enigmatic terms that are given meaning by those with the power of interpretation. The Fourth Amendment protects us from "unreasonable searches and seizures." The Fifth Amendment includes a guarantee of "due process of law." The Sixth Amendment guarantees a "speedy" trial. In the years since 1791, when these provisions were enshrined in the Bill of Rights, the courts have played the leading role in shaping the scope of these broad pronouncements. …

The Authority Of A Foreign Talisman: A Study Of U.S. Constitutional Practiceas Authority In Nineteenth Century Argentina And The Argentine Elite's Leap Of Faith , Jonathan M. Miller

American University Law Review

No abstract provided.

Recalibrating The Scales Of Justice Through National Punitive Damage Reform, Kimberly A. Pace

American University Law Review

No abstract provided.

Ru 486 Examined: Impact Of A New Technology On An 0 Id Controversy, Gwendolyn Prothro

University of Michigan Journal of Law Reform

Abortion is an extremely divisive issue in American politics and culture. Prothro begins this Article by analyzing the current legal standards governing reproduction, which draw a sharp distinction between abortion and contraception. Prothro then examines the function of RU 486, demonstrating that it acts both as a contraceptive and as an abortifacient. Because of this dual capacity, RU 486 does not fit neatly into the current legal framework. Prothro concludes this Article by arguing that RU 486 should force the Supreme Court to create a new framework for the "procreative right." Prothro argues that this new framework should treat the …

Can You Lie To The Government And Get Away With It--The Exculpatory-No Defense Under 18 U.S.C. 1001, Stephen Michael Everhart

West Virginia Law Review

No abstract provided.

The Current Assault On Constitutional Rights And Civil Liberties: Origins And Approaches, Nadine Strossen

West Virginia Law Review

No abstract provided.

Civil Money Sanctions Barred By Double Jeopardy: Should The Supreme Court Reject Healy?, Debra Marie Ingraham

Washington and Lee Law Review

No abstract provided.

Emergency Planning And Community Right-To-Know Citizen Suits: Should The Supreme Court Extend Gwaltney?, Jeffrey A. Keithline

Washington and Lee Law Review

No abstract provided.

Outtakes, Hidden Cameras, And The First Amendment: A Reporter's Privilege, Alison Lynn Tuley

William & Mary Law Review

No abstract provided.

The Free Exercise Thereof, Stephen L. Carter

William & Mary Law Review

No abstract provided.

Separation Of Powers, State Constitutions & The Attorney General: Who Represents The State, Patrick C. Mcginley

West Virginia Law Review

No abstract provided.

Exploring The Dark Matter Of Judicial Review: A Constitutional Census Of The 1990s, Seth F. Kreimer

William & Mary Bill of Rights Journal

Most debate about the power of judicial review proceeds as if courts primarily invoke the Constitution against the considered judgment of elected legislatures; most constitutional commentary focuses on confrontations between the United States Supreme Court and state or federal legislatures. In fact, the federal courts most often enforce constitutional norms against administrative agencies and street-level bureaucrats, and the norms are enforced not by the Supreme Court but by the federal trial courts. In this Article, Professor Kreimer surveys this "dark matter" of our constitutional universe.

The Article compares the 292 cases involving constitutional claims decided by the Supreme Court during …

State User Fees And The Dormant Commerce Clause, Dan T. Coenen

Vanderbilt Law Review

The law takes shape as great principles collide in the context of concrete cases. In the field of constitutional law, the task of reconciling key precepts falls, of necessity, to the Supreme Court. Indeed, much of the Court's work involves delineating the borders of competing constitutional principles that the Court itself has created.

This Article considers the interplay of two central tenets of the Court's dormant commerce clause jurisprudence. The first of these principles exempts from the general proscription on discrimination against interstate commerce a state's actions as a "market participant," rather than as a "market regulator."' The second principle, …

Guns, Words, And Constitutional Interpretation, L. A. Powe Jr.

William & Mary Law Review

No abstract provided.

Mcknight V. Rees: Delineating The Qualified Immunity "Haves" And "Have-Nots" Among Private Parties, James L. Ahlstrom

BYU Law Review

No abstract provided.

Loyal Lieutenant, Able Advocate: The Role Of Robert H. Jackson In Franklin D Roosevelt's Battle With The Supreme Court, Stephen R. Alton

William & Mary Bill of Rights Journal

Before his appointment to the Supreme Court, Justice Robert H. Jackson played a highly visible role in Franklin D. Roosevelt's failed "court packing plan. " Roosevelt's legislation would have increased the size of the Supreme Court and could have dramatically altered the functioning of our government. Jackson supported the plan from his post as Assistant Attorney General. This Article uses a chronological narrative to examine Jackson's role in Roosevelt's court fight. The Article examines his role in light of the surrounding history and the tension between the backers of the New Deal and the Supreme Court. Jackson's testimony before the …

The Draw And Drawbacks Of Religious Enclaves In A Constitutional Democracy: Hasidic Public Schools In Kiryas Joel, Judith Lynn Failer

Indiana Law Journal

Symposium: Law and Civil Society

Constitutional Barriers To Smooth Sailing: 14 U.S.C. § 89(A) And The Fourth Amendment, Megan Jaye Kight

Indiana Law Journal

No abstract provided.

The Language Question In A Rainbow Nation: The South African Experience, Albie L. Sachs

Dalhousie Law Journal

In this, the twenty-second annual Horace E. Read Memorial Lecture, Mr. Justice Albie Sachs reviews the efforts to resolve problems of multilingualism in the new Constitution of South Africa. Writing from experience in the constitution-making process, he reflects on the reality of eleven different languages in South Africa. He discusses the consequent problems of legislative strategy and linguistic rights and the appropriate balance amongst language rights, policy and practice.

Civil Society And The American Foundings, Jack P. Greene

Indiana Law Journal

No abstract provided.

Charter Schools, Common Schools, And The Washington State Constitution, L.K. Beale

Washington Law Review

Early American political thinkers deemed universal education essential to the proper functioning of a republican form of government. Accordingly, each state developed a public school system supported by general taxation. The Washington Constitution requires the system to be both "general" and "uniform." Common schools, for which certain school funds are constitutionally reserved, are the most important and only mandatory component of the system. Recent charter school proposals raise questions as to whether such institutions fit within a general and uniform system and whether they are "common schools" entitled to common school funds. In order to provide a framework for such …

The Rhetorical Constitution Of "Civil Society" At The Founding: One Lawyer's Anxious Vision, Stephen A. Conrad

Indiana Law Journal

Symposium: Law and Civil Society

Unitedstates V. Ursery: Drug Offenders Forfeit Their Fifth Amendment Rights , Sean M. Dunn

American University Law Review

No abstract provided.

Montanav. Egelhoff: Voluntary Intoxication, Morality, And The Constitution , Robert J. Mcmanus

American University Law Review

No abstract provided.