Law Commons^™

Constitutional Policymaking In The Burger Years, Joel B. Grossman

Michigan Law Review

A Review of The Burger Years: Rights and Wrongs in the Supreme Court 1969-1986 by Herman Schwartz

Capital Punishment And The American Agenda, John Pierce Stimson

Michigan Law Review

A Review of Capital Punishment and the American Agenda by Franklin E. Zimring and Gordon Hawkins

Reconstituting "Original Intent": A Constitutional Law Encyclopedia For The Next Century, David M. Skover

Michigan Law Review

A Review of Encyclopedia of the American Constitution by Leonard Levy, Kenneth Karst and Dennis Mahoney

Separation Of Powers And Federalism: Their Impact On Individual Liberty And The Functioning Of Our Government, Candace H. Beckett

William & Mary Law Review

No abstract provided.

Unwritten Law: The Ninth Amendment And Communal Rights, Sara Nichols

In the Public Interest

No abstract provided.

Bowers V. Hardwick: No Constitutional Protection For Private Consensual Homosexual Intimacy, Joan Brinson Dressler

North Carolina Central Law Review

No abstract provided.

Clearing The Roadblocks To Sobriety Checkpoints, Mark R. Soble

University of Michigan Journal of Law Reform

This Note examines the constitutional and policy implications of sobriety checkpoints. Part I discusses the competing interests involved in implementing sobriety checkpoints. Part II presents an appropriate constitutional standard for judging sobriety checkpoints. Part III proposes reform-oriented measures that conform to constitutional guidelines. This Note concludes that properly conducted sobriety checkpoints are constitutional.

The Obligation Clause Of The United States Constitution: Public And/Or Private Contracts, Robert L. Clinton

University of Arkansas at Little Rock Law Review

No abstract provided.

Hazelwood School District V. Kuhlmeier, 108 S. Ct. 562 (1988), Walter E. Forehand

Florida State University Law Review

Constitutional Law-TINKERING WITH TINKER: ACADEMIC FREEDOM IN THE PUBLIC SCHOOLS

Rock V. Arkansas, Stevan D. Mitchell

Florida State University Law Review

Evidence/Constitutional Law-THE ADMISSIBILITY OF POSTHYPNOTIC TESTIMONY: CONSTITUTIONAL CONSIDERATIONS AND THE DEFENDANT'S RIGHT TO TESTIFY

Preclusion And Procedural Due Process In Rule 23(B)(2) Class Actions, Mark C. Weber

University of Michigan Journal of Law Reform

This Article examines whether Rule 23(b)(2) violates the procedural due process rights of absent class members by binding them to the judgment in a class case without notice of the suit. It concludes that the Rule almost certainly violates due process and proposes a reform that would permit nonbinding class actions similar to the old "spurious" class suits.

Original Intent, The View Of The Framers, And The Role Of The Ratifiers, Ronald D. Rotunda

Vanderbilt Law Review

For much of its history, the Supreme Court has purported to engage in what is called "interpretive" judicial review. Interpretive review occurs when the Court ...

"ascertains the constitutionality of a given policy choice by reference to one of the value judgments of which the Constitution consists-that is, by reference to a value judgment embodied, though not necessarily explicitly, either in some particular provision of the text of the Constitution or in the overall structure of government ordained by the Constitution."

Justice William Brennan, for example, engaged in interpretive review when he argued in his recent Holmes Lecture that the …

Of History And Due Process, Edward P. Steegmann

Indiana Law Journal

No abstract provided.

The End Of Substantive Due Process?, Richard S. Myers

Washington and Lee Law Review

No abstract provided.

V. Constitutional Law

Washington and Lee Law Review

No abstract provided.

A Job For The Judges: The Judiciary And The Constitution In A Massive And Complex Society, Neil K. Komesar

Michigan Law Review

This article attempts that task by exploring the elements of institutional choice in constitutional law. Part I takes an overview of the general division of decisionmaking responsibility between the political processes and the courts. It also examines the failures of existing theories to take account of this division of responsibility. Part II identifies two theories of political malfunction - those circumstances in which political processes are subject to significant doubt or distrust and, therefore, prime candidates for judicial review. Part III examines the characteristics - limits, biases, and abilities - of the judiciary and the potential for judicial response to …

Judicial Discipline: A Legislative Perspective, Robert W. Kastenmeier, Michael J. Remington

Kentucky Law Journal

No abstract provided.

Constitutionalism In Asia: Asian Views Of The American Influence, Lawrence W. Beer

Maryland Series in Contemporary Asian Studies

No abstract provided.

The Draft Basic Law Of Hong Kong: Analysis And Documents, Hungdah Chiu

Maryland Series in Contemporary Asian Studies

No abstract provided.

Casenotes: Constitutional Criminal Law — Sentencing — Mandatory Sentencing Statute Requiring Life Imprisonment Without Parole For Habitual Offenders Of Violent Crimes Satisfies The Eighth Amendment's Proportionality Principle When Applied To A Fourth Conviction Of Daytime Housebreaking. State V. Davis, 310 Md. 611, 530 A.2d 1223 (1987), Thomas Patrick Ott

University of Baltimore Law Review

No abstract provided.

Response To Monkeying Around With The Establishment Clause, Lucien J. Dhooge

University of Richmond Law Review

In the limited space available for response to Professor Leedes article, there is much which merits further attention but which cannot escape the bonds of paginal constraint. With regard to these unaddressed disputes, the reader is directed to the discussions of the relative merits of the controversy contained within the articles. Given the broad differences in viewpoint between Professor Leedes and myself, it would be practically impossible to address all of our differences in this response for fear of the response devouring its parent article-in-chief. Bearing these limitations in mind, I tender my response to Professor Leedes' article.

Unborn Child: Can You Be Protected?, Heather M. White

University of Richmond Law Review

Continuing medical advancement in the area of prenatal care' raises the question of when, if ever, the state may intervene in the life of a pregnant woman to protect her unborn child from abuse and neglect. This issue, though troublesome, can no longer be ignored. Since the Supreme Court's decision in Roe v. Wade, giving the pregnant woman the constitutional right to decide whether or not to terminate her pregnancy, there has been abundant controversy over the allowance of state intervention to protect the human fetus. This controversy necessarily entails a discussion as to when and in what manner the …

Black Men, Red Men, And The Constitution Of 1787: A Bicentennial Apology From A Middle Templar, Louis F. Claiborne

UC Law Constitutional Quarterly

No abstract provided.

Stein V. Plainwell Community Schools--The American Civil Religion And The Establishment Clause, Linn Van Meter-Drew

UC Law Constitutional Quarterly

No abstract provided.