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Articles 1 - 30 of 143
Full-Text Articles in Law
Chief Justice Marshall, Justice Holmes, And The Discourse Of Constitutional Adjudication, G. Edward White
Chief Justice Marshall, Justice Holmes, And The Discourse Of Constitutional Adjudication, G. Edward White
William & Mary Law Review
No abstract provided.
Preemption: Breathing New Life Into An Old Giant, Gary V. Weeks
Preemption: Breathing New Life Into An Old Giant, Gary V. Weeks
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law—Freedom Of Speech—Ban On Picketing In Front Of Individual Residence Does Not Violate First Amendment., E. Gregory Wallace
Constitutional Law—Freedom Of Speech—Ban On Picketing In Front Of Individual Residence Does Not Violate First Amendment., E. Gregory Wallace
University of Arkansas at Little Rock Law Review
No abstract provided.
Free Speech And Freedom From Speech: Hustler Magazine V. Falwell, The New York Times Actual Malice Standard And Intentional Infliction Of Emotional Distress, Boyd C. Farnham
Indiana Law Journal
No abstract provided.
Changing The Constitutional Jurisdiction Of The Indiana Supreme Court: Letting A Court Of Last Resort Act Like One, Randall T. Shepard
Changing The Constitutional Jurisdiction Of The Indiana Supreme Court: Letting A Court Of Last Resort Act Like One, Randall T. Shepard
Indiana Law Journal
No abstract provided.
Constitutional Law—Jury Selection—Restrictions On Peremptory Challenge Extended To Civil Cases., Mark Alan Peoples
Constitutional Law—Jury Selection—Restrictions On Peremptory Challenge Extended To Civil Cases., Mark Alan Peoples
University of Arkansas at Little Rock Law Review
No abstract provided.
Citizenship, Race, And Marginality, Kenneth L. Karst
Citizenship, Race, And Marginality, Kenneth L. Karst
William & Mary Law Review
No abstract provided.
Constitutional Law (Kempo), Jutta Brunnée
Constitutional Law (Kempo), Jutta Brunnée
Dalhousie Law Journal
In 1976 Carl Heymanns Verlag published the first volume of a series on Japanese law. A recent addition to this collection covering areas as diverse as civil and criminal procedure, labor law, nuclear energy law, and international law, is Miyazawa Toshiyoshi's (1899-1976) book on constitutional law. With this German translation, Robert Heuser and Yamasaki Kazuaki provide their readers with the first systematical overview on Japanese constitutional law in a western language.
Discrimination And Its Justification: Coping With Equality Rights Under The Charter, Richard Moon
Discrimination And Its Justification: Coping With Equality Rights Under The Charter, Richard Moon
Osgoode Hall Law Journal
The article examines and appraises conventional methods of interpreting the section 15 equality rights including a comparison of equality rights under the American Constitution. It determines that the most suitable interpretation is one which prohibits "constructive discrimination." Further, the analysis of section 15 finds a built-in limitation - the right against invidious discrimination - making recourse to section 1 unnecessary. But review of constructive discrimination and its justification is constrained by the adjudicative model and the state action doctrine. In the final analysis, the article challenges us to rethink our classic liberal conceptions of equality by looking less at invidious …
Is "Internal Consistency" Foolish?: Reflections On An Emerging Commerce Clause Restraint On State Taxation, Walter Hellerstein
Is "Internal Consistency" Foolish?: Reflections On An Emerging Commerce Clause Restraint On State Taxation, Walter Hellerstein
Michigan Law Review
Whatever role "internal consistency" may come to play in the Court's commerce clause jurisprudence, it has already emerged as a doctrine that warrants our attention. This article traces the development of the doctrine, explores its implications, and considers its defensibility as a limitation on state taxing power. The article suggests that the results the Court reaches under the "internal consistency" doctrine could be reached by rigorous application of a more familiar commerce clause principle - one to which the Court has been less than faithful.
The Role Of Intelligence In A Free Society, William H. Webster
The Role Of Intelligence In A Free Society, William H. Webster
University of Miami Law Review
No abstract provided.
Do We Have An Imperial Congress?, John Norton Moore
Do We Have An Imperial Congress?, John Norton Moore
University of Miami Law Review
No abstract provided.
Constitutional Fidelity And Foreign Affairs, Edwin Meese Iii
Constitutional Fidelity And Foreign Affairs, Edwin Meese Iii
University of Miami Law Review
No abstract provided.
What The Constitution Means By Executive Power, Charles J. Cooper, Orrin Hatch, Eugene V, Rostow, Michael Tigar
What The Constitution Means By Executive Power, Charles J. Cooper, Orrin Hatch, Eugene V, Rostow, Michael Tigar
University of Miami Law Review
No abstract provided.
The Virtues And Vices Of Democracy In Conducting Foreign Affairs, Godfrey Hodgson, Irving Kristol, Gordon Tullock
The Virtues And Vices Of Democracy In Conducting Foreign Affairs, Godfrey Hodgson, Irving Kristol, Gordon Tullock
University of Miami Law Review
No abstract provided.
The President's Powers As Commander-In-Chief Versus Congress' War Power And Appropriations Power, Charles Bennett, Arthur B. Culvahouse Jr., Geoffrey P. Miller, William Bradford Reynolds, William Van Alstyne
The President's Powers As Commander-In-Chief Versus Congress' War Power And Appropriations Power, Charles Bennett, Arthur B. Culvahouse Jr., Geoffrey P. Miller, William Bradford Reynolds, William Van Alstyne
University of Miami Law Review
No abstract provided.
The Treaty Power, Harold Hongju Koh, John Nowak, Grover Joseph Rees, Abraham D. Sofaer
The Treaty Power, Harold Hongju Koh, John Nowak, Grover Joseph Rees, Abraham D. Sofaer
University of Miami Law Review
No abstract provided.
Forging A Bipartisan And Strategic Approach To Foreign Affairs, Zbigniew Brzezinski
Forging A Bipartisan And Strategic Approach To Foreign Affairs, Zbigniew Brzezinski
University of Miami Law Review
No abstract provided.
The First Amendment And National Security, Floyd Abrams, Henry Mark Holzer, Don Oberdorfer, Richard K. Willard
The First Amendment And National Security, Floyd Abrams, Henry Mark Holzer, Don Oberdorfer, Richard K. Willard
University of Miami Law Review
No abstract provided.
The Congress: Friend Or Foe In Foreign Policy?, Richard Perle
The Congress: Friend Or Foe In Foreign Policy?, Richard Perle
University of Miami Law Review
No abstract provided.
Uniformity In Constitutional Interpretation And The Background Right To Effective Democratic Governance, Donald L. Beschle
Uniformity In Constitutional Interpretation And The Background Right To Effective Democratic Governance, Donald L. Beschle
Indiana Law Journal
No abstract provided.
Free Exercise And Dress Codes: Toward A More Consistent Protection Of A Fundamental Right, Dale E. Carpenter
Free Exercise And Dress Codes: Toward A More Consistent Protection Of A Fundamental Right, Dale E. Carpenter
Indiana Law Journal
No abstract provided.
The Adequate And Independent State Grounds Doctrine: Federalism, Uniformity, Equality And Individual Liberty, Donald L. Bell
The Adequate And Independent State Grounds Doctrine: Federalism, Uniformity, Equality And Individual Liberty, Donald L. Bell
Florida State University Law Review
No abstract provided.
Detention Without Trial In The Second World War: Comparing The British And American Experiences, A.W. Brian Simpson
Detention Without Trial In The Second World War: Comparing The British And American Experiences, A.W. Brian Simpson
Florida State University Law Review
National security has long been advanced as a justification for the abrogation of civil liberties. In this lecture, Professor Simpson examines through the analysis of particular cases how two nations dealt with these competing values in the interment without trial of their respective citizens during World War II. Condemning the secrecy and lack of accountability of the authorities responsible for protecting the nation, Simpson issues a call for vigilance and a warning that patterns and habits of respect for liberty will serve better than mere forms of procedure to effectively insure that liberties are not again abandoned to ill-founded claims …
Compensation For Regulatory Takings: Finality Of Local Decisionmaking And The Measure Of Compensation, David A. Arrensen
Compensation For Regulatory Takings: Finality Of Local Decisionmaking And The Measure Of Compensation, David A. Arrensen
Indiana Law Journal
No abstract provided.
Neutral Principles In The 1950'S, Gary Peller
Neutral Principles In The 1950'S, Gary Peller
University of Michigan Journal of Law Reform
In this Essay, I explore the intellectual setting within which Wechsler believed that defending freedom also required defending the legality of racial domination. I argue that the key to understanding this apparent paradox is to grasp the ideological/ cultural complex of the 1950's within which mainstream American intellectuals in law and in other disciplines came to terms with the disintegration of the traditional, "old order" paradigms of the late nineteenth and early twentieth centuries by means of an intense and overriding distinction between controversial issues of values and noncontroversial questions of framework and structure within which substantive conflict would take …
Territoriality And The Perils Of Formalism, Mark P. Gergen
Territoriality And The Perils Of Formalism, Mark P. Gergen
Michigan Law Review
Recently in this journal Donald Regan published a pair of essays on CTS Corp. v. Dynamics Corp. of America. Much of the first essay elaborates his theory that what the Supreme Court should be doing and what it is doing under the dormant commerce clause is checking state laws adopted with a substantial protectionist purpose. The rest of the first essay and all of the second essay develop a different check on state lawmaking power in interstate affairs: a rule that states may not regulate conduct beyond their borders. He calls this the extraterritoriality principle. Elsewhere I have questioned …
The History And Culture Of Affirmative Action, Anthony J. Scanlon
The History And Culture Of Affirmative Action, Anthony J. Scanlon
BYU Law Review
No abstract provided.
The Shadow Of Natural Rights, Or A Guide From The Perplexed, Hadley Arkes
The Shadow Of Natural Rights, Or A Guide From The Perplexed, Hadley Arkes
Michigan Law Review
A Review of American Constitutional Interpretation by Walter Murphy, James Fleming and William Harris, II
A Constitutional And Policy-Related Evaluation Of Prohibiting The Use Of Certain Nonverbal Techniques In Legal Advertising, O. Lee Reed, Douglas Whitman False
A Constitutional And Policy-Related Evaluation Of Prohibiting The Use Of Certain Nonverbal Techniques In Legal Advertising, O. Lee Reed, Douglas Whitman False
BYU Law Review
No abstract provided.