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Articles 121 - 143 of 143
Full-Text Articles in Law
Misclassifying Monetary Restitution, Colleen P. Murphy
Misclassifying Monetary Restitution, Colleen P. Murphy
Law Faculty Scholarship
No abstract provided.
Reviewing Congressionally Created Remedies For Excessiveness, Colleen P. Murphy
Reviewing Congressionally Created Remedies For Excessiveness, Colleen P. Murphy
Law Faculty Scholarship
No abstract provided.
Chief Justice Joseph R. Weisberger's Page Of History, Bruce I. Kogan, Cheryl L. Robertson
Chief Justice Joseph R. Weisberger's Page Of History, Bruce I. Kogan, Cheryl L. Robertson
Law Faculty Scholarship
No abstract provided.
What Does The Second Amendment Restrict? A Collective Rights Analysis, Carl Bogus
What Does The Second Amendment Restrict? A Collective Rights Analysis, Carl Bogus
Law Faculty Scholarship
No abstract provided.
Judgement As A Matter Of Law On Punitive Damages, Colleen P. Murphy
Judgement As A Matter Of Law On Punitive Damages, Colleen P. Murphy
Law Faculty Scholarship
No abstract provided.
Coercion, Pop-Psychology, And Judicial Moralizing: Some Proposals For Curbing Judicial Abuse Of Probation Conditions, Andrew Horwitz
Coercion, Pop-Psychology, And Judicial Moralizing: Some Proposals For Curbing Judicial Abuse Of Probation Conditions, Andrew Horwitz
Law Faculty Scholarship
No abstract provided.
Roger Williams's Gift: Religious Freedom In America, Edward J. Eberle
Roger Williams's Gift: Religious Freedom In America, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
Mirabile Dictum! The Case For 'Unnecessary' Constitutional Rulings In Civil Rights Damages Actions, John M. Greabe
Mirabile Dictum! The Case For 'Unnecessary' Constitutional Rulings In Civil Rights Damages Actions, John M. Greabe
Law Faculty Scholarship
This article contends that, for purposes of settling the law, courts entertaining civil rights lawsuits doomed to fail on grounds of qualified immunity should presumably address the question whether the complaint pleads a viable claim that the defendant caused a violation of the plaintiff's federal rights. The article also contends that such "unnecessary" threshold rulings are not dicta.
Separation Of Powers In State Constitutional Law - Introduction, Carl T. Bogus
Separation Of Powers In State Constitutional Law - Introduction, Carl T. Bogus
Law Faculty Scholarship
No abstract provided.
Taking The Cop Out Of Copping A Plea: Eradicating Police Prosecution Of Criminal Cases, Andrew Horwitz
Taking The Cop Out Of Copping A Plea: Eradicating Police Prosecution Of Criminal Cases, Andrew Horwitz
Law Faculty Scholarship
No abstract provided.
The Hidden History Of The Second Amendment, Carl Bogus
The Hidden History Of The Second Amendment, Carl Bogus
Law Faculty Scholarship
No abstract provided.
El Principio De "La Alternativa Menos Restrictiva" En Derecho Constitucional Norteamericano, Robert Bastress Jr.
El Principio De "La Alternativa Menos Restrictiva" En Derecho Constitucional Norteamericano, Robert Bastress Jr.
Law Faculty Scholarship
No abstract provided.
Public Discourse In Contemporary Germany, Edward J. Eberle
Public Discourse In Contemporary Germany, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
Land Use Regulation And The Takings Clause: How Much Use Must An Owner Lose Before Being Entitled To Compensation Because The Government Has Taken The Property?, Patrick C. Mcginley
Land Use Regulation And The Takings Clause: How Much Use Must An Owner Lose Before Being Entitled To Compensation Because The Government Has Taken The Property?, Patrick C. Mcginley
Law Faculty Scholarship
No abstract provided.
Human Dignity, Privacy, And Personality In German And American Constitutional Law, Edward J. Eberle
Human Dignity, Privacy, And Personality In German And American Constitutional Law, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
Sexual Psychopath Legislation: Is There Anywhere To Go But Backwards?, Andrew Horwitz
Sexual Psychopath Legislation: Is There Anywhere To Go But Backwards?, Andrew Horwitz
Law Faculty Scholarship
No abstract provided.
Hate Speech, Offensive Speech, And Public Discourse In America, Edward J. Eberle
Hate Speech, Offensive Speech, And Public Discourse In America, Edward J. Eberle
Law Faculty Scholarship
In this article, Professor Eberle discusses several limitations on governmental power to regulate public discourse. After examining the United States Supreme Court decisions of R.A.V. v. City of St. Paula nd Wisconsin v. Mitchell, Professor Eberle concludes that government should refrain from regulating speech itself. Rather, any restrictions should focus strictly on the problematic conduct underlying the speech which justifies regulation. Professor Eberle also concludes that the Court has implicitly recognized two distinct subcategories of "content" discrimination and viewpoint discrimination. Both subcategories are presumptively unconstitutional and nominally subject to conventional strict scrutiny. The Court, however, finds viewpoint discrimination more dangerous …
Trashing The Constitution: Judicial Activism, The Dormant Commerce Clause, And The Federalism Mantra, Patrick Mcginley
Trashing The Constitution: Judicial Activism, The Dormant Commerce Clause, And The Federalism Mantra, Patrick Mcginley
Law Faculty Scholarship
No abstract provided.
Procedural Due Process: The Original Understanding, Edward J. Eberle
Procedural Due Process: The Original Understanding, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
Federalism Lives! Reflections On The Vitality Of The Federal System In The Context Of Natural Resource Regulation, Patrick Mcginley
Federalism Lives! Reflections On The Vitality Of The Federal System In The Context Of Natural Resource Regulation, Patrick Mcginley
Law Faculty Scholarship
No abstract provided.
Prior Restraint Of Expression Through The Private Search Doctrine, Edward J. Eberle
Prior Restraint Of Expression Through The Private Search Doctrine, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
The Four Corners Requirement: A Constitutional Prerequisite To Search Warrant Validity, Patrick C. Mcginley
The Four Corners Requirement: A Constitutional Prerequisite To Search Warrant Validity, Patrick C. Mcginley
Law Faculty Scholarship
No abstract provided.
United States Of America V. Martin Linen Supply Company And Texas Sanitary Towel Supply Corporation, Patrick C. Mcginley
United States Of America V. Martin Linen Supply Company And Texas Sanitary Towel Supply Corporation, Patrick C. Mcginley
Law Faculty Scholarship
No abstract provided.