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Constitutional Law

Journal

1988

Institution
Keyword
Publication

Articles 121 - 143 of 143

Full-Text Articles in Law

Preemption And Federalism: The Missing Link, Paul Wolfson Jan 1988

Preemption And Federalism: The Missing Link, Paul Wolfson

UC Law Constitutional Quarterly

No abstract provided.


Do Judicial Scarlet Letters Violate The Cruel And Unusual Punishments Clause Of The Eight Amendment, Gregory M. Brown Jan 1988

Do Judicial Scarlet Letters Violate The Cruel And Unusual Punishments Clause Of The Eight Amendment, Gregory M. Brown

UC Law Constitutional Quarterly

No abstract provided.


Some Reflections On State Constitutions, Joseph R. Grodin Jan 1988

Some Reflections On State Constitutions, Joseph R. Grodin

UC Law Constitutional Quarterly

No abstract provided.


False Prophet--Justice Brennan And The Theory Of State Constitional Law, Earl M. Maltz Jan 1988

False Prophet--Justice Brennan And The Theory Of State Constitional Law, Earl M. Maltz

UC Law Constitutional Quarterly

No abstract provided.


Church And State On The Frontier: The History Of The Establishment Clauses In The Washington State Constitution, Robert F. Utter, Edward J. Larson Jan 1988

Church And State On The Frontier: The History Of The Establishment Clauses In The Washington State Constitution, Robert F. Utter, Edward J. Larson

UC Law Constitutional Quarterly

No abstract provided.


In Re Quinlan Revisited: The Judicial Role In Protecting The Privacy Right Of Dying Incompetents, Gary Underwood Scharff Jan 1988

In Re Quinlan Revisited: The Judicial Role In Protecting The Privacy Right Of Dying Incompetents, Gary Underwood Scharff

UC Law Constitutional Quarterly

No abstract provided.


Why Do You Speak That Way--Symbolic Expression Reconsidered, Howard M. Friedman Jan 1988

Why Do You Speak That Way--Symbolic Expression Reconsidered, Howard M. Friedman

UC Law Constitutional Quarterly

No abstract provided.


The Costs Of Fee Speech--Restrictions On The Use Of Union Dues To Fund New Organizing, Jennifer Friesen Jan 1988

The Costs Of Fee Speech--Restrictions On The Use Of Union Dues To Fund New Organizing, Jennifer Friesen

UC Law Constitutional Quarterly

No abstract provided.


South Dakota V. Dole: A Study In Conditional Spending And Missed Opportunity, Jeffrey S. Koppelmaa Jan 1988

South Dakota V. Dole: A Study In Conditional Spending And Missed Opportunity, Jeffrey S. Koppelmaa

UC Law Constitutional Quarterly

No abstract provided.


Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen Kaufman, Martin A. Schwartz Jan 1988

Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen Kaufman, Martin A. Schwartz

Touro Law Review

No abstract provided.


From Connick To Confusion: The Struggle To Define Speech On Matters Of Public Concern, Stephen Allred Jan 1988

From Connick To Confusion: The Struggle To Define Speech On Matters Of Public Concern, Stephen Allred

Indiana Law Journal

No abstract provided.


The Ninth Amendment's Role In The Evolution Of Fundamental Rights Jurisprudence, Geoffrey G. Slaughter Jan 1988

The Ninth Amendment's Role In The Evolution Of Fundamental Rights Jurisprudence, Geoffrey G. Slaughter

Indiana Law Journal

No abstract provided.


"Five-Hundred-Year Flood Plains" And Other Unconstitutional Challenges To The Establishment Of Community Residences For The Mentally Disabled, Robert L. Schonfeld Jan 1988

"Five-Hundred-Year Flood Plains" And Other Unconstitutional Challenges To The Establishment Of Community Residences For The Mentally Disabled, Robert L. Schonfeld

Fordham Urban Law Journal

This article examines the impact of state statutes and local ordinances on the establishment of community residences for the mentally disabled. While some states have policies advocating for community residences, these policies are often undermined by barriers such as neighborhood opposition and statutes and ordinances that impede development. The author analyzes the application of the equal protection clause to statutes and ordinances affecting the mental disabled, ultimately concluding that many are unconstitutional. Finally, the author discusses the impact of City of Cleburne v. Cleburne Living Center on state statutes and local ordinances that limit the establishment of community residences. The …


Reconstructing The Takings Doctrine By Redefining Property And Sovereignty, John Martinez Jan 1988

Reconstructing The Takings Doctrine By Redefining Property And Sovereignty, John Martinez

Fordham Urban Law Journal

In 1987, the Supreme Court decided three cases involving "takings" challenges to governmental exercise of the power to control land use. This trilogy of cases affirmed the continuing validity of a three-part analytical model in addressing the takings problem: (1) is private property involved; (2) has governmental action so affected it as to require a remedy; and (3) what remedy should be provided? This Article critically examines that model and argues that the first two questions are fundamentally indistinguishable and that to treat them as distinct inquiries is unworkable. The Article then proposes a functional approach under which individuals are …


Addendum: Civil Rights In Jeopardy, Eileen R. Kaufman, Martin A. Schwartz Jan 1988

Addendum: Civil Rights In Jeopardy, Eileen R. Kaufman, Martin A. Schwartz

Touro Law Review

No abstract provided.


An Essay On Constitutional Interpretation, Noel Lyon Jan 1988

An Essay On Constitutional Interpretation, Noel Lyon

Osgoode Hall Law Journal

The Article sets out a theory of interpretation where the Charter reflects an authoritative standard of public policy. It is not to be used only as a test of legality but as a test of legitimacy. Section 35 of the Constitution on aboriginal rights offers an opportunity in which the Charter's central concept of fundamental justice in the context of a free and democratic society can be applied to break out of sterile common law conceptions and interpretations. The questions of legitimacy and public policy are instrumental to the way we govern ourselves.


First English: The Fifth Amendment Requires Just Compensation For A Regulatory Taking, Anne E. Sheppard Jan 1988

First English: The Fifth Amendment Requires Just Compensation For A Regulatory Taking, Anne E. Sheppard

Villanova Law Review

No abstract provided.


Nationwide Service Of Process: Due Process Limitations On The Power Of The Sovereign, Robert A. Lusardi Jan 1988

Nationwide Service Of Process: Due Process Limitations On The Power Of The Sovereign, Robert A. Lusardi

Villanova Law Review

No abstract provided.


The Most Effective Or Least Restrictive Alternative As The Only Intermediate And Only Means-Focused Review In Due Process And Equal Protection, Roy G. Spece Jr. Jan 1988

The Most Effective Or Least Restrictive Alternative As The Only Intermediate And Only Means-Focused Review In Due Process And Equal Protection, Roy G. Spece Jr.

Villanova Law Review

No abstract provided.


Redefining A Culpable Mental State For Non-Triggermen Facing The Death Penalty, James J. Holman Jan 1988

Redefining A Culpable Mental State For Non-Triggermen Facing The Death Penalty, James J. Holman

Villanova Law Review

No abstract provided.


The New Standard Of Review For Prisoners' Rights: A Turner For The Worse - Turner V. Safley, Lorijean Golichowski Oei Jan 1988

The New Standard Of Review For Prisoners' Rights: A Turner For The Worse - Turner V. Safley, Lorijean Golichowski Oei

Villanova Law Review

No abstract provided.


Constitutional Law - Preemption - Federal Preemption Of Common-Law Claims Of Unjust Discrimination During Exemption Of Rail Transportation From Regulation Under Staggers Rail Act, William A. Threadgill Jan 1988

Constitutional Law - Preemption - Federal Preemption Of Common-Law Claims Of Unjust Discrimination During Exemption Of Rail Transportation From Regulation Under Staggers Rail Act, William A. Threadgill

Villanova Law Review

No abstract provided.


White Superiority In America: Its Legal Legacy, Its Economic Costs, Derrick Bell Jan 1988

White Superiority In America: Its Legal Legacy, Its Economic Costs, Derrick Bell

Villanova Law Review

No abstract provided.