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Articles 121 - 143 of 143
Full-Text Articles in Law
Preemption And Federalism: The Missing Link, Paul Wolfson
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
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
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
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
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
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
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
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
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
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
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
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
"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
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
Addendum: Civil Rights In Jeopardy, Eileen R. Kaufman, Martin A. Schwartz
Touro Law Review
No abstract provided.
An Essay On Constitutional Interpretation, Noel Lyon
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
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
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.
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
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
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
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
White Superiority In America: Its Legal Legacy, Its Economic Costs, Derrick Bell
Villanova Law Review
No abstract provided.