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Articles 1 - 30 of 129
Full-Text Articles in Law
"Property Rights" In Constitutional Analysis Today, James L. Oakes
"Property Rights" In Constitutional Analysis Today, James L. Oakes
Washington Law Review
The concept of "property rights" in Supreme Court constitutional analysis today is in flux. It has been and is undergoing change—a change more rapid than those of us who have concentrated our attention on other personal rights can imagine. That this process of change raises anew some fundamental issues of justice is not surprising; the institution of property has always done so. Perhaps the change is simply a swing of the pendulum, as the quote from Justice Frankfurter suggests: individual "property rights" assume greater importance as a state moves toward a laissez-faire economy or away from a regulated one; they …
Constitutional Law—Balancing Test In Durational Residence Equal Protection Analysis—Williams V. Zobel, 619 P.2d 448 (Alaska 1980), Prob. Juris. Noted, 101 S. Ct. 1344 (1981), E. Thaddeus Lewis
Washington Law Review
This note analyzes the Zobel II opinion and concludes that it was correctly decided both under the two-tier analysis employed by the United States Supreme Court and the balancing approach adopted by the Alaska court. Since this case is before the United States Supreme Court on appeal, this note urges the Court to adopt the Alaska balancing test for durational residence equal protection cases as a replacement for the traditional two-tier analysis.
"Property Rights" In Constitutional Analysis Today, James L. Oakes
"Property Rights" In Constitutional Analysis Today, James L. Oakes
Washington Law Review
The concept of "property rights" in Supreme Court constitutional analysis today is in flux. It has been and is undergoing change—a change more rapid than those of us who have concentrated our attention on other personal rights can imagine. That this process of change raises anew some fundamental issues of justice is not surprising; the institution of property has always done so. Perhaps the change is simply a swing of the pendulum, as the quote from Justice Frankfurter suggests: individual "property rights" assume greater importance as a state moves toward a laissez-faire economy or away from a regulated one; they …
Constitutional Law—Balancing Test In Durational Residence Equal Protection Analysis—Williams V. Zobel, 619 P.2d 448 (Alaska 1980), Prob. Juris. Noted, 101 S. Ct. 1344 (1981), E. Thaddeus Lewis
Washington Law Review
This note analyzes the Zobel II opinion and concludes that it was correctly decided both under the two-tier analysis employed by the United States Supreme Court and the balancing approach adopted by the Alaska court. Since this case is before the United States Supreme Court on appeal, this note urges the Court to adopt the Alaska balancing test for durational residence equal protection cases as a replacement for the traditional two-tier analysis.
Reasonable Assurance Of Actual Notice Required For In Personam Default Judgment In Utah: Graham V. Sawaya, Robert Charles Martin
Reasonable Assurance Of Actual Notice Required For In Personam Default Judgment In Utah: Graham V. Sawaya, Robert Charles Martin
BYU Law Review
No abstract provided.
Trust Doctrines In Church Controversies, Dalin H. Oaks
Trust Doctrines In Church Controversies, Dalin H. Oaks
BYU Law Review
No abstract provided.
Revocation Of Tax-Exempt Status Of Religious Schools-Conflict With The Religion Clauses Of The First Amendment: Bob Jones University V. United States, R. Clyde Parker Jr.
Revocation Of Tax-Exempt Status Of Religious Schools-Conflict With The Religion Clauses Of The First Amendment: Bob Jones University V. United States, R. Clyde Parker Jr.
BYU Law Review
No abstract provided.
The Federal Water Pollution Control Act's Self-Reporting Requirement And The Privilege Against Self-Incrimination: Civil Or Criminal Proceedings And Penalties? United States V. Ward, D. Gary Beck
BYU Law Review
No abstract provided.
The Constitutionality Of The Legislative Veto, Douglas B. Habig
The Constitutionality Of The Legislative Veto, Douglas B. Habig
William & Mary Law Review
No abstract provided.
Judicial Review Of Administrative Determination Of "Reason To Believe", Arthur J. Volkle
Judicial Review Of Administrative Determination Of "Reason To Believe", Arthur J. Volkle
William & Mary Law Review
No abstract provided.
The Courts And The 1980 Census Challenges: Tailoring Rights To Fit Remedies, David B. Tachau
The Courts And The 1980 Census Challenges: Tailoring Rights To Fit Remedies, David B. Tachau
University of Michigan Journal of Law Reform
This Note thus presents a vivid illustration of how the recognition of legal rights sometimes may depend wholly upon the efficacy of awarding relief. Parts I and II survey the 1980 census challenges and explore whether the 1980 litigants presented sound grievances. Part III argues that the 1980 census challengers may have failed because the reviewing courts could envision no feasible remedies for their injuries, and not because the challengers presented flawed legal and constitutional arguments. Finally, part IV criticizes the courts for dismissing the census challenges without confronting or acknowledging the gravity of the constitutional injuries threatened by census …
Social Order And The Limits Of Law: A Theoretical Essay, Arthur S. Miller
Social Order And The Limits Of Law: A Theoretical Essay, Arthur S. Miller
Vanderbilt Law Review
Professor Jenkins maintains that Americans demand that "the law solve all of [their] problems and secure all of [their] purposes." The result is that we "so overload the legal apparatus that it short circuits, creating a spectacular display of fireworks but affecting nothing save its own wreckage."' That assertion, even if only partially accurate, merits close and continuing attention. Jenkins' analysis of that hypothesis--that proposition-is at once thought-provoking and illuminating. We are all in his debt for having written such a challenging book, even though I have some fundamental disagreements with how he develops that theme. Jenkins' work is a …
Minnesota Rag, Terry Clayton Paulson
Minnesota Rag, Terry Clayton Paulson
University of Arkansas at Little Rock Law Review
No abstract provided.
Heffron V. International Society For Krishna Consciousness, Inc., 101 S. Ct. 2559 (1981), Jaime L. Wallace
Heffron V. International Society For Krishna Consciousness, Inc., 101 S. Ct. 2559 (1981), Jaime L. Wallace
Florida State University Law Review
Constitutional Law-FREEDOM OF SPEECH-CONTINUED EROSION OF A FUNDAMENTAL RIGHT
Render Unto Caesar: An Essay On Private Morals And Public Law, W. Christopher Barrier
Render Unto Caesar: An Essay On Private Morals And Public Law, W. Christopher Barrier
University of Arkansas at Little Rock Law Review
No abstract provided.
The Power Of The Executive To Restrict The International Travel Of American Citizens On National Security And Foreign Policy Grounds, Edward P. Yankelunas
The Power Of The Executive To Restrict The International Travel Of American Citizens On National Security And Foreign Policy Grounds, Edward P. Yankelunas
Buffalo Law Review
No abstract provided.
Constitutional Retrospect: First Series Of Cutler Lectures Revisted, William F. Swindler
Constitutional Retrospect: First Series Of Cutler Lectures Revisted, William F. Swindler
William & Mary Law Review
No abstract provided.
"Deprogramming": From The Defense Counsel's Perspective, Albert R. Vermeire
"Deprogramming": From The Defense Counsel's Perspective, Albert R. Vermeire
West Virginia Law Review
We begin with the proposition that the right of freedom of thought protected by the First Amendment against State action includes both the right to speak freely and the right to refrain from speaking at all. A system which secures the right to proselytize religious, political and ideological causes must also guarantee the concomitant right to decline to foster such concepts. The right to speak and the right to refrain from speaking are complementary components of the broader concept of 'individual freedom of mind.' Anguished parents and sympathetic judges; concerned attorneys and psychologists; reality-inducing therapists, police officers and adult or …
Silence As A Moral And Constitutional Right, R. Kent Greenawalt
Silence As A Moral And Constitutional Right, R. Kent Greenawalt
William & Mary Law Review
No abstract provided.
The Consultation Clause Of The 1973 War Powers Resolution, Laurence D. Pierce
The Consultation Clause Of The 1973 War Powers Resolution, Laurence D. Pierce
Antioch Law Journal
In 1973, Congress enacted the War Powers Resolution.' The purpose of the Resolution was "to fulfill the intent of the framers of the Constitution of the United States and insure that the collective judgment of both the Congress and the President will apply to the introduction of United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances .... 2 Part I of this comment examines the legislative evolution of the consultation clause to ascertain the intent of those congressional members who drafted and ratified the War Powers Resolution. Part II …
Employee Medical Records And The Constitutional Right To Privacy
Employee Medical Records And The Constitutional Right To Privacy
Washington and Lee Law Review
No abstract provided.
Section 1981 Liability For Racially Discriminatorysectarian Schools, A. Kirkland Molloy
Section 1981 Liability For Racially Discriminatorysectarian Schools, A. Kirkland Molloy
Washington and Lee Law Review
No abstract provided.
Fullilove V. Klutznick: Do Affirmative Action Plans Require Congressional Authorization?
Fullilove V. Klutznick: Do Affirmative Action Plans Require Congressional Authorization?
Washington and Lee Law Review
No abstract provided.
James Madison And The Burger Court: Converging Views Of Church-State Separation, Patricia E. Curry
James Madison And The Burger Court: Converging Views Of Church-State Separation, Patricia E. Curry
Indiana Law Journal
No abstract provided.
The Dawn's Early Light: The Contributions Of John Hart Ely To Constitutional Theory, Stanley Conrad Fickle
The Dawn's Early Light: The Contributions Of John Hart Ely To Constitutional Theory, Stanley Conrad Fickle
Indiana Law Journal
No abstract provided.
Graham V. Estuary Properties, Inc., 399 So.2d 1374 (Fla. 1981), Anthony E. Diresta
Graham V. Estuary Properties, Inc., 399 So.2d 1374 (Fla. 1981), Anthony E. Diresta
Florida State University Law Review
Environmental Regulation/Constitutional Law-"TAKING" JURISPRUDENCE AND ITS APPLICATION TO REGULATIONS OF SENSITIVE ECOLOGICAL ENVIRONMENTS
The Paradoxes Of Judicial Review In A Constitutional Democracy, Russell L. Caplan
The Paradoxes Of Judicial Review In A Constitutional Democracy, Russell L. Caplan
Buffalo Law Review
No abstract provided.
An Examination Of The Purposes Of Involuntary Civil Commitment, John Q. La Fond
An Examination Of The Purposes Of Involuntary Civil Commitment, John Q. La Fond
Buffalo Law Review
No abstract provided.
Constitutional Criminal Litigation, Andrew H. Marshall
Constitutional Criminal Litigation, Andrew H. Marshall
Mercer Law Review
During 1980 the United States Court of Appeals for the Fifth Circuit decided well over 200 cases in the constitutional law/criminal area, including direct criminal appeals, collateral attacks on both state and federal criminal convictions, and a handful of cases arising in other contexts. The typical opinion addresses and resolves multiple assignments of error, which compounds the difficulty of organizing decisions into precise, discrete categories. The quantity and diversity of litigation in the area requires that a survey be limited to a fraction of the decided cases. The selection process utilized in the preparation of this survey can only be …
Legitimate Interests In Multistate Problems: As Between State And Federal Law, Lea Brilmayer
Legitimate Interests In Multistate Problems: As Between State And Federal Law, Lea Brilmayer
Michigan Law Review
This Article examines that common ground, analyzing the roles of state policy interests and contacts in defining constitutional limits. It concentrates particularly on one paradoxical aspect of the interaction between federal and state law. While the scope of constitutional limits on application of forum law is necessarily a federal issue, constitutional analysis simultaneously defers in some unspecified way to state policy. This is because federal choice-of-law questions frequently tum on the existence of a state policy interest that legitimizes the application of state law. The resulting interdependence of the federal and state issues would seemingly empower state legislatures and courts …