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Articles 1 - 30 of 160
Full-Text Articles in Law
Sidestepping The Principle Of Judicial Restraint: Use And Abuse Of Taboo In Constitutional Law, Louis Lusky
Sidestepping The Principle Of Judicial Restraint: Use And Abuse Of Taboo In Constitutional Law, Louis Lusky
Cardozo Law Review
No abstract provided.
The Rise And Fall Of The "Doctrine" Of Separation Of Powers, Philip B. Kurland
The Rise And Fall Of The "Doctrine" Of Separation Of Powers, Philip B. Kurland
Michigan Law Review
As the Constitution of the United States nears its two hundredth anniversary, there is a frenzy of celebration. However awesome the accomplishment, I submit that it is no slander to recognize that the 1787 document was born of prudent compromise rather than principle, that it derived more from experience than from doctrine, and that it was received with an ambivalence in no small part attributable to its ambiguities. Indeed, its most stalwart supporters doubted its capacity for a long life. It should not be surprising, then, that even today there is disagreement over whether the Constitution of 1787 is now …
Preventative Pretrial Detention And The Failure Of Interest-Balancing Approaches To Due Process, Albert W. Alschuler
Preventative Pretrial Detention And The Failure Of Interest-Balancing Approaches To Due Process, Albert W. Alschuler
Michigan Law Review
This article, echoing Highmore's treatise of 1783, maintains that neither a legitimate nor a very important governmental interest can justify preventive detention in the absence of significant proof of past wrongdoing or an inability to control one's behavior. Both the Supreme Court's neglect of this issue and Congress' similar neglect in the preventive detention provisions of the Federal Bail Reform Act of 1984 reveal the extent to which cost-benefit analysis has captured American law and threatened core concepts of individual dignity.
The article does not oppose all forms of preventive pretrial detention. To the contrary, it recognizes that the detention …
Orderlies In The Court? A Proposal For The Proper Designation Of Medical Malpractice Claims, Russell S. Schwartzman
Orderlies In The Court? A Proposal For The Proper Designation Of Medical Malpractice Claims, Russell S. Schwartzman
Cardozo Law Review
No abstract provided.
Miranda And The State Constitution: State Courts Take A Stand, Mary A. Crossley
Miranda And The State Constitution: State Courts Take A Stand, Mary A. Crossley
Vanderbilt Law Review
This Note examines how state courts have interpreted state constitutional guarantees of the privilege against self-incrimination independently of the Supreme Court's construction of the fifth amendment. Part II focuses on the historical and theoretical underpinnings of state constitutional law and examines state courts'renewed reliance on their state constitutions. Part III discusses the Supreme Court's interpretation of the fifth amendment in Miranda and its progeny. Part IV presents the states' response to Supreme Court holdings and surveys state court decisions interpreting state constitutions' self-incrimination provisions more broadly than the fifth amendment. Finally, Part V examines the potential for further growth in …
Chaining Or Taming?: The Constitutional Allocation Of War Powers (Review Of: To Chain The Dog Of War: The War Power Of Congress In History And Law By Francis D. Wormuth And Edwin B. Firmage), Constance K. Lundberg
Chaining Or Taming?: The Constitutional Allocation Of War Powers (Review Of: To Chain The Dog Of War: The War Power Of Congress In History And Law By Francis D. Wormuth And Edwin B. Firmage), Constance K. Lundberg
BYU Law Review
No abstract provided.
The Putative Father's Due Process Rights To Notice And A Hearing: In Re Baby Boy Doe, Carl Belliston
The Putative Father's Due Process Rights To Notice And A Hearing: In Re Baby Boy Doe, Carl Belliston
BYU Law Review
No abstract provided.
On A Just Measure Of The Efficiency Of Law And Governmental Policies, John L. Hanks
On A Just Measure Of The Efficiency Of Law And Governmental Policies, John L. Hanks
Cardozo Law Review
No abstract provided.
The Exclusionary Rule: Not The "Expressed Juice Of The Woolly-Headed Thistle", Keith A. Fabi
The Exclusionary Rule: Not The "Expressed Juice Of The Woolly-Headed Thistle", Keith A. Fabi
Buffalo Law Review
No abstract provided.
Public Rights And The Federal Judicial Power: From Murray's Lessee Through Crowell To Schor, Gordon G. Young
Public Rights And The Federal Judicial Power: From Murray's Lessee Through Crowell To Schor, Gordon G. Young
Buffalo Law Review
No abstract provided.
The Decency Of Capital Punishment For Minors: Contemporary Standards And The Dignity Of Juveniles, Lawrence A. Vanore
The Decency Of Capital Punishment For Minors: Contemporary Standards And The Dignity Of Juveniles, Lawrence A. Vanore
Indiana Law Journal
No abstract provided.
Hijacking Trials Overseas: The Need For An Article Iii Court, Maryellen Fullerton
Hijacking Trials Overseas: The Need For An Article Iii Court, Maryellen Fullerton
William & Mary Law Review
No abstract provided.
Judging And Equality: Quis Custodiet Ipsos Custodes?, Edward J. Mcbride
Judging And Equality: Quis Custodiet Ipsos Custodes?, Edward J. Mcbride
Dalhousie Law Journal
"Equality," like law, politics, and life itself, displays myriad aspects. Reflections on equality, therefore, must take many differentforms, as this volume will subsequently demonstrate. Now that Canada has entrenched equality as a constitutional value, facets of the issue seem to proliferate, almost without end. Questions abound: Will the equality guarantees be confined to public action only? What constitutes public action? Will the enumerated categories protected against discrimination be supplemented by incorporation of unenumerated categories? Will a conventional liberal point of view inform the development of equality under the Charter? What part will a crystallizing feminist perspective play in the process? …
Judging And Equality: For Whom Does The Chartertoll?, A Wayne Mackay
Judging And Equality: For Whom Does The Chartertoll?, A Wayne Mackay
Dalhousie Law Journal
While it may be in questionable taste to begin an article on equality with a poem that uses "man" in the global sense, John Donne's words do evoke a sense of community that feminists would applaud.' The tension between an individualistic and communitarian approach to the world is crucial to how equality will be defined in Canada. Violations of equality diminish the rights and dignity of all Canadians and not just the particular individuals or the specific groups who are the immediate victims of inequality. This recognition is only the beginning of the complex task of defining equality as guaranteed …
The Idea Of The "Private": A Discussion Of Stateaction Doctrine And Separate Sphere Ideology, Hester Lessard
The Idea Of The "Private": A Discussion Of Stateaction Doctrine And Separate Sphere Ideology, Hester Lessard
Dalhousie Law Journal
This essay is a discussion of the formalization in law of a dichotomy between a natural, private order on the one hand, and a public sphere of state action and citizenship on the other. The discussion takes place in the context of equality rights and of the philosophical tensions that underlie the delineation of rights in general. Two legal phenomena are examined: state action doctrine as it has developed in American equal protection jurisprudence under the Fourteenth Amendment and separate sphere ideology as a rationalization for sexual discrimination. Under each doctrine, judicial denial of relief is predicated on a pre-ordained …
Equality, Efficiency And Judicial Restraint: Towards Adynamic Constitution, Peter Rogers
Equality, Efficiency And Judicial Restraint: Towards Adynamic Constitution, Peter Rogers
Dalhousie Law Journal
Whatever else may be meant by "equality" in specific contexts, its ordinary usage requires a comparison of the political, social, and economic conditions of different members of society. Equality theories are normative theories that explain which differences in condition are justifiable, and which are unacceptable. In short, equality is about the distribution of social benefits and burdens; equality rights are rights to distributive justice.
Equality, Ideology And Oppression: Women And Thecanadian Charter Of Rights And Freedoms, N Colleen Sheppard
Equality, Ideology And Oppression: Women And Thecanadian Charter Of Rights And Freedoms, N Colleen Sheppard
Dalhousie Law Journal
The major objective of this article is to contribute to an understanding of the potential impact of the equality provisions of the Canadian Charter of Rights and Freedoms2 on the lives of women. This requires an awareness of the realities of women's inequality in our society, an understanding of the legal conceptualization of equality, and a consideration of the role of "law" in remedying societal injustice. My focus in this article is on the second concern-that is, on legal theories of equality as they relate to women. I begin with a brief outline of the conflicting ideological approaches that infuse …
Prostitution And Pornography: Beyond Formalequality, Christine Boyle, Sheila Noonan
Prostitution And Pornography: Beyond Formalequality, Christine Boyle, Sheila Noonan
Dalhousie Law Journal
Both issues that are the subject of this paper raise questions relating to the meaning and application of section 15 of the Canadian Charter ofRights and Freedoms.' They provide case studies of the difficulties in putting an abstract concept, such as equality, into practical legal effect.
Sexual Orientation As A Human Rights Issue Incanada 1969-1985, Philip Girard
Sexual Orientation As A Human Rights Issue Incanada 1969-1985, Philip Girard
Dalhousie Law Journal
Equality is a protean concept. Even if one has taken a position on the equality of opportunity versus equality of outcomes debate, there remains the problem of deciding what equality means in particular contexts: racial equality, equality between the sexes, between those with and without mental or physical disability, and so on. Finally, there is the issue of which groups in society are entitled to "equality", whatever it may mean. Given the open-ended nature of the equality guarantees contained in section 15 of Canada's Charter of Rights and Freedoms, it is clear that groups other than those specifically mentioned therein …
Women, Pensions And Equality, Susannah Worth Rowley
Women, Pensions And Equality, Susannah Worth Rowley
Dalhousie Law Journal
A society's values are reflected in its treatment of the elderly. The relationship of the aged to the rest of the population and the social and economic hierarchy within the aged as a group provide tangible and graphic evidence of a society's most fundamental values and attitudes. Who is rewarded and for what? What qualities and contributions are valued, and to what extent?
Tort Claims Against Churches And Ecclesiastical Officers: The First Amendment Considerations, Carl H. Esbeck
Tort Claims Against Churches And Ecclesiastical Officers: The First Amendment Considerations, Carl H. Esbeck
West Virginia Law Review
No abstract provided.
En El Nombre De Dios--The Sanctuary Movement: Development And Potential For First Amendment Protection, Carl W. Levander
En El Nombre De Dios--The Sanctuary Movement: Development And Potential For First Amendment Protection, Carl W. Levander
West Virginia Law Review
No abstract provided.
The Regulated Practice Of The Jailhouse Lawyer
The Regulated Practice Of The Jailhouse Lawyer
Washington and Lee Law Review
No abstract provided.
The Constitutionality Of Sobriety Checkpoints
The Constitutionality Of Sobriety Checkpoints
Washington and Lee Law Review
No abstract provided.
The Right Of Access To Navigable Waters-Compensability Under Eminent Domain
The Right Of Access To Navigable Waters-Compensability Under Eminent Domain
Washington and Lee Law Review
No abstract provided.
The Reconstruction Amendments' Debates. Edited By Alfred Avins, Robert M. Ireland
The Reconstruction Amendments' Debates. Edited By Alfred Avins, Robert M. Ireland
Washington and Lee Law Review
No abstract provided.
Constraints Of Power: The Constitutional Opinions Of Judges Scalia, Bork, Posner, Easterbrook And Winter, James G. Wilson
Constraints Of Power: The Constitutional Opinions Of Judges Scalia, Bork, Posner, Easterbrook And Winter, James G. Wilson
University of Miami Law Review
No abstract provided.
Constitutional Law—Sixth Amendment—Significance Of Testimony Constitutes A Factor In Determining Right Of Confrontation, Brendan M. Donahue
Constitutional Law—Sixth Amendment—Significance Of Testimony Constitutes A Factor In Determining Right Of Confrontation, Brendan M. Donahue
University of Arkansas at Little Rock Law Review
No abstract provided.
Regulatory Taking: A Cause Of Action For Interim Damages, William Howell Freeman Jr.
Regulatory Taking: A Cause Of Action For Interim Damages, William Howell Freeman Jr.
University of Arkansas at Little Rock Law Review
No abstract provided.
State V. Calhoun, 479 So. 2d 241 (Fla. 4th Dca 1985), Kelly M. Haynes
State V. Calhoun, 479 So. 2d 241 (Fla. 4th Dca 1985), Kelly M. Haynes
Florida State University Law Review
Constitutional Law-ELECTRONIC SURVEILLANCE IN PRISON: ARE ANY CONSTITUTIONAL RIGHTS VIOLATED?